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HomeMy WebLinkAboutDWR SWP Read File Archive July 2007 .� Michael F. Easley,Governor William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director "C Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 2, 2007 Mr. James Rice 329 Emma Road Asheville, North Carolina 28806 SUBJECT: Compliance Sampling Inspection Status: Compliant North View Mobile Home Park WWTP Permit No: N00067342 Buncombe County Dear Mr. Rice: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on June 28, 2007. The facility appeared to be in compliance with permit NC0067342. Please refer to the enclosed inspection report for additional observations and comments. 1f you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, Janet Cantwell Environmental Specialist Enclosure cc: WQ Asheville Files w/attachment WQ Central Files w/ attachment James C. Queen/ ORC w/ attachment One 1*lorthCarolina 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 �hClt!!tl1�1� United States Environmental-Protection ---- Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report � Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) k Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type I NI 2 L 5 31 NCO067342 111 121 07/06/28 117 18I SI -19I I 20U Remarks 211 I I I I I I I I I I I I I I I I I I I I I -1 I I I I I 1 1J.1_L1_..L._ _1_1_1,_ _..L....I_J_i I_t_16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70 i 711 I 72 NI 73L__ 74 75 ._1_L_ _1 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDE$`permit Number) North View Mobile Home Park 10:10 AM 07/06/28 05/07/01 Newstock Rd Off 25-70 Exit Time/Datey Permit Expiration Date Asheville NC 28806 11:15 AM 07/06/28 10/06/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James C Queen/ORC/828-252-1944/ Name,Address of Responsible Official/Title/Phone and Fax Number James Rice,329 Emma Rd Asheville NC 28806//828-253-01-64/ Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance Records/Reports Self-Monitoring Program Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)LLW (See attachment summary) Name(s)and Signature(s)of Inspector(s) /i„�� Agency/Office/Phone and Fax Numbers Date Janet Cantwell V ARO WQ//828-296-4500 Ext.4667/ Si lure of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 3I NCO067342 I11 12I 07/06/28 I17 18ISI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) James Queen/ORC assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on Septem ber 28, 2006 by Janet Cantwell. A review of the files indicates that the permit expires June 30, 2010. The aeration basin process control data on the day of the inspection: Dissolved Oxygen = 0.3 m g/I Temperature = 23.5 degrees Celcius Settleable Solids = 80% pH = 6.7 units The effluent data on the day of the inspection: Dissolved Oxygen = 3.5 m g/I Temperature = 23.5 degrees Celcius Chlorine = <10 ug/L pH = 7.7 units Effluent samples were collected during the inspection and submitted to the lab for analysis. The log book was present on-site and had good notations of daily events. The effluent was clear. Page# 2 Permit: NCO067342 Owner-Facility: North View Mobile Home Park Inspection Date: 06/28/2007 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? EJ Is the facility as described in the permit? lid g I 0 0 #Are there any special conditions for the permit? [1 0 0 Is access to the plant site restricted to the general public? in rl 0 D Is the inspector granted access to all areas for inspection? in 0 D 0 Comment: Operations &Maintenance Yee No NA WE Is the plant generally clean with acceptable housekeeping? IN El 0 [] Does the facility analyze process control parameters,for ex:MLSS, MCRT, Settleable Solids, pH, DO,Sludge IN 11 0 B Judge, and other that are applicable? _Comment: Record Keeping Yes Ho PEA NE Are records kept and maintained as required by the permit? E] IEJ 11 Is all required information readily available, complete and current? (I 11, J Are all records maintained for 3 years(lab. reg. required 5 years)? (I (I f l II Are analytical results consistent with data reported on DMRs? _ 0 f j 5 Is the chain-of-custody complete? ( 0 !Ql Dates,times and location of sampling I`! Name of individual performing the sampling ] Results of analysis and calibration Dates of analysis Name of person performing analyses n Transported COCs Are DMRs complete:do they include all permit parameters? 11 E) D Has the facility submitted its annual compliance report to users and DWQ? 00 El im (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certifier)operator on each shift? EI 0 IN 11 Is the ORC visitation log available and current? is 01 0 CI Is the ORC certified at grade equal to or higher than the facility classification? Im 0 0 n Is the backup operator certified at one grade less or greater than the facility cla3sification? 0 11 I-i IN ` Is a copy of the current NPDES permit available on site? 0 ELI 1) Page f; 3 Permit: NCO067342 Owner-Facility: North View Mobile Home Park Inspection Date: 06/28/2007 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? n n n ■ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? ❑ ❑ ■ n Are the diffusers operational? ■ In n n Is the foam the proper color for the treatment process? ■ n ❑ n Does the foam cover less than 25%of the basin's surface? ■ fl ❑ n Is the DO level acceptable? ❑ ■ n n Is the DO level acceptable?(1.0 to 3.0 mg/I) n ■ Comment: DO was measured at 0.3 mg/L. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ In n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Are weirs level? ■ n n n Is the site free of weir blockage? ■ ❑ n n Is the site free of evidence of short-circuiting? ■ n ❑ n Is scum removal adequate? ■ ❑ n Cl Is the site free of excessive floating sludge? ■ ❑ n Is the drive unit operational? ■ Cl n ❑ Is the return rate acceptable(low turbulence)? ■ i=l ❑ n Is the overflow clear of excessive solids/pin floc? ■ n ❑ n Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) n n n ■ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n ❑ n r Are the tablets the proper size and type? ■ n 0 n Page# 4 Permit: NCO067342 Owner-Facility: North View Mubile Home Park Inspection Date: 06/28/2007 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NE Number of tubes in use? 2 Is the level of chlorine residual acceptable? 113 Is the contact chamber free of growth,or sludge buildup? D n E) Is there chlorine residual prior to de-chlorination? D 0 Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? 0 01 Is storage appropriate for cylinders? r{ t-'I 0 #Is de-chlorination substance stored away from chlorine containers? :I (; Comment: Are the tablets the proper size and type? 11 D 1-1 Are tablet de-chlorinators operational? 0 0 Number of tubes in use? 2 Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? W 0 IDi fl Is sample collected below all treatment units? M 11 D Ej Is proper volume collected? I'll C1 0 Is the tubing clean? 0 U Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? 11 E 11 Is the facility sampling performed as required by the permit(frequency,sampling type representative)? im Comment: Effluent Pipe Yts No NA NE Is right of way to the outfall properly maintained? fl 0 0 Are the receiving water free of foam other than trace amounts and other debris? Ili 011 0 If effluent (diffuser pipes are required) are they operating properly? n n gi Ei Comment: Page# 5 4 _.....� }� j Michael F.Easley,Governor r7 William G.Ross Jr.,Secretary_. North Carolina Department of Environment and Natural Resources. Coleen H.Sullins,Director Division of Water Qualify July 2, 2007 Mr. & Mrs. Jerry D. Franklin RR1, Box 154 Lake Toxaway, North Carolina 28747-9722 Subject: Need for Erosion Control Franklin Property Transylvania County Dear Mr.& Mrs. Franklin: On June 26, 2007 1 inspected property on Frozen Creek Road in Transylvania County. I observed a pond discolored by soil washed down from upstream. An investigation of the stream flowing into the pond took me onto Paul McCoy Road. The largest amount of soil exposed to erosion was observed at a road construction project on a piece of property at the end of and east of Paul McCoy Road. Based upon my review of Transylvania County on-line land records, the property on which this dirt/gravel road lies belongs to you. Please call me at 828-296-4659. If you are the owner of the property on which the new road has been constructed, you will need to immediately establish a vegetative covering on all unprotected cuts, fills and eroded soil deposits. If you are not the owners of this property we still need to talk. If I am away from my phone when you call please leave as many phone numbers as may be used to reach you. You will be receiving a letter similar to this from our Land Quality Section. It is critical that your respond to both communications. Sincerely, Roy M. Davis Environmental Engineer Xc: Shawna Riddle, Land Quality Section Jerry Franklin Letter.07 Of arolina �at�rarrlCy North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper `._\ /`lii �..._. �_/ _- AN A q Michael F.Easley,Governor �7 y William G.Ross Jr.,Secretary r" North Carolina Department of Environment and Natural Resources" Q � Coleen H.Sullins,Director. Division of Water Quality July 3, 2007 Ms. Angela Stubblefield 23 Old Stage Coach Road Swannanoa, NC 28778 Subject: Stormwater Runoff Damage Dear Ms. Stubblefield; Mr. Roy Davis and I visited your home at 23 Old Stage Coach Road on July 2, 2007. The visit was prompted by your phone call to our office and your report of stormwater problems. Upon inspection of the site we determined that the stormwater problems you are experiencing are not addressed by any of the programs administered by the Division of Water Quality. To the best of our knowledge, no other state office within the Department of Environment and Natural Resources (NCDENR) has jurisdiction over these problems either. regret that we are unable to be of assistance in this matter. Sincerely, S arr Silvis Environmental Engineer CC: ARO One NorthCarrolina Aatiirallb( North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterqual4.org FAX (828)299-7043 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer-50%Recycled/10%Post Consumer Paper \i \ ` � Michael F.Easley,Governor Wilharn G-Ross Jr.,Secretary t North Carolina Department of Environment and Natural.Resources C Cole.en H.Sullins,Director Division of Water Quality July 3, 2007 Jackson County DWQ Project No. 071056 NCSR 1145 Bridge No. 188 APPROVAL of 40lWater Quality Certification with Additional Conditions Mr. J. B. Setzer,P.E. Division Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts for the purpose of placing temporary and pennanent fill material in Knob Creels while replacing Bridge No. 188 on NCSR 1145 in Jackson County: Stream Impacts in the Little Tennessee River Basin Site Permanent Fill in Temporary Fill in Permanent Fill in Temporary Fill in Total Stream Stream Intermittent Intermittent Stream Perennial Stream Perennial Stream Impact Impacts Stream(linear ft) (linear ft) (liner ft) (linear ft) (linear ft) Requiring Mitigation _ (linear tt Site 1 6---- --- 10 — -----1 6----- -- 0 A and B Total ti— — 10 -- --1 ti — -0 --- Total Permanent Stream Impact for Project: 6 linear ft. Total.Temporary Impact for Project: 10 linear ft. The project should be constructed in accordance with your applicati n dated May 31, 2007 (received. June 18, 2007), including the environmental commitments made in the application letter. After -reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3627 and 3634. This Certification corresponds to Regional General Permit Number 31 issued by the U.S. Arnry Corps of Engineers. hi 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 will expire with the accompanying 404 Permit. This approval is valid solely for the purpose and design described in your application (unless iriodiFied 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 foh- complying with all the conditions. If total wetland fills for this project(now or in the future) exceed one acre, or if total impacts to streams (riow or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2I1. .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. One Pdof-thCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC:28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-6_23-67.18 An Equal OpportunitylAffiunative Aclion Ernploler Mr. J. B. Setzer, P.E. July 3,2007 Page Two 1. 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. 2. 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 be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 3. 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. 4. Adequate sediment and erosion control measures shall be implemented prior to any ground disturbing activities to minimize impacts to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within fifteen (15) days of ground disturbing activities to provide long-term erosion control. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting shall be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas. 5. In'-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction of the roadway. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-1, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 7. The dimension, pattern and profile of the stream above and below the bridge shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 8. Strict adherence to the most recent version of NCDOT's Best Management Practice For Bridge Demolition and Removal, approved by the US Anny Corps of Engineers, is a condition of the 401 Water Quality Certification. 9. Bridge deck drains shall not discharge directly into streams. Stonnwater shall be directed across the bridge and pre- treated through site-appropriate means (grass swales,pre-formed scour holes, vegetated buffers, etc.)before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 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. Only clean and sediment free riprap shall be used and placed in surface waters. 12. The post-construction removal of temporary work pads will need to return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 13. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and j red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. etzer,P.E. 2007 Three 14. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 15. Heavy equipment should be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 16. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 18. If concrete is used during construction(e.g., headwalls), a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 20. 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 the certification. 21. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification. 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or protected riparian buffers. 24. Upon completion of the project, the NCDOT Division Engineer, shall complete and return the enclosed "Certificate of Completion Form"to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500, Sincerely, ° . oleen H. Sullins,Director Division of Water Quality cc: Mr.Mark Davis, Division 14 Environmental Officer Mr. Ed Ingle,Roadside Environmental Mr. David Baker,USACE Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office �_�. ��. / .. J __ __. _ ATE Michael F. Easley, Governor {� William G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources P t Coleen H. Sullins, Director Division of Water Quality 'k Asheville Regional Office SURFACE WATER PROTECTION SECTION June 5, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 7801 Ms. Linda Issacs CERTIFIED MAIL McDowell Assisted Living LLC RETURN RECEIPT REQUESTED PO Box 909 7006 3450 0002 7064 8310 Marion, NC 28752 2ND MAILING ATTEMPT- JULY 5. 2007 Subject: NOTICE OF VIOLATION NOV-2007-LV-0302 Permit No. NCO075353 McDowell Assisted Living WWTP McDowell County Dear Ms. Issacs: A review of McDowell Assisted Living WWTP's monitoring report for January 2007 showed the following violation(s): Parameter Date Limit Value Reported Limit Type Value Total Suspended Solids 01/23/07 45 mg/l 56.5 mg/I Daily Maximum Exceeded NorthCarolina Naturally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 FAX(828)299-7043 Ms. Linda Issacs McDowell Assisted Living LLC Page 2 of 2 June 5, 2007 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report(DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828-296-4500 extension 4656. Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement DWQ Central Files � Asheville Regional Office facility files James & James Environmental Management Michael F. Easley, Governor ,VAT William G. Ross Jr.,Secretary 4G North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality mm' Asheville Regional Office SURFACE WATER PROTECTION SECTION June 6, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 7870 Mr. Ron Shemesh, CEO CERTIFIED MAIL x. (l F ld' (J)o Excelsior Packaging Group RETURN RECEIPT REQUESTED 1379 Old Rosman Hwy. 7006 3450 0002 7064 8303 Brevard, NC 28712 2ND MAILING ATTEMPT- JULY 5, 2007 Subject: NOTICE OF VIOLATION NOV-2007-LV-0306 Permit No. NC0000108 Excelsior Packaging Group WWTP Transylvania County - Dear Mr. Shemesh: A review of Excelsior Packaging Group's wastewater monitoring report for March 2007 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform, 03/06/07 400 600 Daily Maximum Membrane Filter, colonies per colonies per Exceeded M-FC Broth @ 100 ml 100 ml 44.5 degrees Celcius o e N hCarolina turallr� North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 FAX(828)299-7043 Mr. Ron Shemesh, CEO Excelsior Packaging Group June 6, 2007 Page 2 of 2 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report(DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828- 296-4500 extension 4656. Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, - v Ate,Q Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement Asheville Regional Office facility files DWQ Central Files Wesley Royal, ORC Michael F.Easley,Governor G William G.Ross Jr.,Secretary r- North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality July 5, 2007 Burton H. Baine Devinshire Land Development, LLC 315 Oak Springs Rd Rutherfordton,NC 28139 SUBJECT: NPDES General Stormwater Permit No. NCGO10000 Project ID: RUTHE-2007-036 Project Name: Queen's Gap Golf Course Grading, Portions of 4-6, 15- 17 Rutherford County Dear Mr. Burton H. Baine: Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCGO10000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. One NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Burton H. Baine July 5,2007 P This letter is also meant to advise you that should you fail to comply with the terms and conditiol� the Stormwater Construction permit, you could be subject to enforcement as called for in Section l 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation pe, day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously, the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so,please read the Stormwater Construction permit and contact me at(828) 296-4500 if you have any questions or need clarification. Sincerely, Starr Silvis, Environmental Engineer Surface Water Protection Section ARO DWQ Central Files Michael F.Easley,Governor AGGyWilliam G.Ross Jr.,Secretary f^ North Carolina Department of Environment and Natural Resources *i Coleen H.Sullins,Director Division of Water Quality July 5, 2007 Burton H. Baine Devinshire Land Development, LLC 315 Oak Springs Road Rutherfordton,NC 28139 SUBJECT: NPDES General Stormwater Permit No. NCG010000 Project ID: RUTHE-2007-044 Project Name: Queen's Gap Golf Sales Center Rutherford County Dear Mr. Burton H. Baine: Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part 1, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www,ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Burton H. Baine July 5, 2007 P This letter is also meant to advise you that should you fail to comply with the terms and condition, the Stormwater Construction permit,you could be subject to enforcement as called for in Section 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation pel day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously, the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so, please read the Stormwater Construction permit and contact me at (828) 296-4500 if you have any questions or need clarification. Sincerely, Starr Silvis, Environmental ngineer Surface Water Protection Section ARO DWQ Central Files ,U Michael F.Easley, Governor Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director J Division of Water Quality "+ Asheville Regional Office SURFACE WATER PROTECTION - Mrs. Leigh W. Young July 6, 2007 Buncombe Properties P.O. Box 18133 Asheville, North Carolina 28814 SUBJECT: Compliance Evaluation inspection Status: Compliant Buncombe Properties Eden's Olen Mobile Village WWTP Permit No: NCO068152 Dear Mrs. Young: Buncombe County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on June 27, 2007. The facility appeared to be in Compliance with permit NC0068152. Mr. Williams is doing a fine job of operating this facility. There are several items, however, which need attention. The fence surrounding the plant needs immediate repair to prevent access. 1lilS tvas mentioned in the last inspection on 3130106. Trees need to be trimmed back from above the plant to keep leaves and limbs from falling into the basins and clogging the system. Shrubbery around the shed deeds to be trimmed to keep it out of the working area. A net should be provided to use in removing grease balls and debris which get into the basins. The water pump needs to be insulated to prevent freezing in cold temperatures. The bar screen needs to be reworked to keep debris from entering the basin. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, , anet Cantwell Environmental Specialist Enclosure cc: WQ Asheville Files vd attachment WQ Central Files wl attachment Oise hlorthC'arotina �dltlllYl��� 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 qq United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved OMB No.2040 0057 Water Compliance inspection lie)ort Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 1 N1 2 1 51 31 N00068152 ! 11 121 07/06/27 1 17 1$� C1 19I 5! 211wV� Remarks L t 211 I I I I I ! I I I I I I I I I I I I i l l l l l ! I I _I .LL�!! _ --L,- J—L.YL.L..L1..--.._..L....1. 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA -- __-_-_-.._.-____-_-___Reserved-------------------- 671 169 701 I 711 1 721 NI 73 74 8G I 75an w1 ,n __I_J Section B: Facility Data Name and Location of Facility Inspected(For industrial Users discharging to POTW,also include Entry Tirne/Date Permit Effective Date POTW name and'NPDES permit Number) Eden's Glen Mobile village WWTP 10:10 A14 07/06/27 05/11/01 2 Gospel Way Exit Time/Date Fen-nit Expiication Date Weaverville NC 28787 r 11:20 AM 07/06/2'1� 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Leigh W YounMgO Box 18133 Asheville NC 28814/Managing Contacted Partner/828-274-6500/8282516952 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports Self-Monitoring Program Facility Site Review ®Effluent/Receiving Waters Section D. Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary Y� (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers bate Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ q—' 5 Sign ure of Management Q A Reviewer AgencylOffice/Phone and Fax i lumbers Gate EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I NCO068152 I11 12� 07/06/27 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mike Williams/ORC assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on M arch 30, 2006 by Janet Cantwell. A review of the files indicates that the permit expires October 31, 2010. The aeration basin process control data on the day of the inspection: Dissolved Oxygen = 0.4 m g/1 Temperature = 23 degrees Celcius pH = 7.3 units The effluent data on the day of the inspection: Dissolved Oxygen = 0.7 m g/I Temperature = 23 degrees Celcius Chlorine = <I0 ug/I pH = 7.9 units The fence surrounding the plant needs immediate repair to prevent access. This was mentioned in the last inspection on 3/30/06. �. Trees need to be trimmed back from above the plant to keep leaves and lim bs from failing into the basins ' and clogging the system. Shrubbery around the shed needs to be trimmed to keep it out of the working area. A net should be provided to use in removing grease balls and debris which get into the basins. The water pump needs to be insulated to prevent freezing in cold temperatures. The bar screen needs to be reworked to help prevent debris from entering the basin. The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants (WWTP) and Collection Systems (CS) with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. The service can be utilized for optimization of the operation of WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828-296-4500. Page# 2 Permit: NCO068152 Owner-Facility: Eden's Glen Mobile Village VWVT-p inspection Date: 06/27/2007 Inspection Type: Compliance Evaluation Permit V Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? IN D Is the facility as described in the permit? RX E! D 0 #Are there any special conditions for the permit? IF..l 11 D Is access to the plant site restricted to the general public? 0 0 Ij Is the inspector granted access to all areas for inspection? f I Cry 0 Comment: The fence surrounding the plant is sufficiently compromised to allow access to the plant. Operations & Maintenance Vas No NA . Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex:MLSS, MCHT, Settleable Solids,pH, DO, Sludge 0 El _) Judge,and other that are applicable? Comment: Aeration Basins Yes No YJA NCE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? 91 D D El Are surface aerators and mixers operational? l-1 KI 0 Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25%of the basin's surface? (I 1­1 F1 Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) 0 Lu Cl 11 Comment: DO was measured at 0.4 mg/L. Secondary Clarifier Yes No NA IJr Is the clarifier free of black and odorous wastewater? 0 l01 0 Is the site free of excessive buildup of solids in center well of circular clarifier? El Ll rd, U Are weirs level? vu El 0 0 Is the site free of weir blockage? (u i El 01 Is the site free of evidence of short-circuiting? 0 wo 0 IMP Is scum removal adequate? i Li r l l� Page.# 3 Permit: NG0068152 Owner-Facility: Eden's Glen Mobile Village VWVfP Inspection?late: 06/27/2007 Inspection Type: Compliance Evaluation Secotidag Clarifier Yes No NA NE Is the site free of excessive floating sludge? SOCID 3 Is the drive unit operational? n ❑ ■ 11 Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n Cl Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) n n n ■ Gor-ment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? 0 n n n NUrnber of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ ❑ n n Is?.here chlorine residual prior to de-chlorination? n n n ■ Corninent: De-chlorinatirlrl Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n Is storage appropriate for cylinders? 011 ■ n ffi Is de-chlorination substance stored away from chlorine containers? ■ n 00 CerTirrient: Are the tablets the proper size and type? ■ n ❑ n Ai-tablet de-chlorinators operational? ■ n n n Number of tubes in use? 2 Cornment: Fffltrent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? n ■ n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Page# 4 Permit: NC0068152 Owner-Facility: Eden's Glen?Mobile Vil!agc,V\Mrrp inspection Date: 06/27/2007 inspection`;ype: Compliance Evaluaficn Effluent Pipe ,des No NA HE - - Comment: At the time of inspection a cloudy particulate-laden effluent was observed discharging at the effluent discharge pipe. This lasted about ten minutes and then cleared up. Mr. Williams attributed this to cleaning which was done to the chlorine contact chamber and which dislodged some particulate matter. rage., 5 ��/ - i�_r '� t;lief.rd E.Easley,Governor G Williar i G. ',oss Jr.,Smotary North Carolina Department of Environment and Naft] l Resbnrces 9 Coleen II.Sullins Director Division of Witt I Quality July 6, 2007 Swain County DWi�ProjectNo. 061588\r2 NCSR 1197 (Camp 13rarich Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Selzer,P.E. Division Engineer N C Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Dear Mr. Setzer. You have our approval, in accordance with the attached conditions and those listed below, :for the l'011owing impacts in Connelly Creek and Camp Branch, for the purpose of making improvements to NCSR 1197, Camp Branch Road in Swain County: Stream Im acts in the Little'Tennessee River Pasin____ _ Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Total Sireaan Sti ota:taa in Intermittent Intermittent Stream Perennial Stream Dewatering in Impact Impact, Stream(linear (linear ft) (linear ft) Perennial Stream (linear ft) Requiring ft) (linear ft) I 1«vAitil;aio n(linelb, Station ft) 0 0 - b -- -�----- 0+39 40 95 --...---135 40 - -- -- -.—_.. Station - 10+31 Station 12+59 30 95 --- 125 — -- 30 Station 15+40 42 99 141 42 -—__-----Station --,—.._--------- 185 ft. of 185 185 185 10+40 to stream relocation 12+25 Total 297 -- 4747--- Total Stream Permanent Impact for Project: 297 linear feet. 'Temporary Impact: 474 th-lear feet. The project should be constructed in accordance with your application dated June 25, 2007 (received. Ju( 7 2 >�07) including the environmental commitments made in the application letter. After reviewing yoixr apllication, re have decided that these impacts are covered by General Water Quality Certification Nos. 3627 and 3634. ?'his Cel-tification corresponds to Nationwide Permit Numbers 14 and 33 issued by the U.S. Vrny Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (bta net limit d to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This appr,wal ✓ill expire with the accompanying 404 Permit. One hCa 7 1\luit t�hna North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(928)296-4500 Custorncr Servicc Internet: www.ncwaterqualo.org FAX (828)299-7043 1-8'17-623-6748 An Equal OpportunitylAffirrnMive Action Ewployer Mr.J. 13. Setzer, P.E. July 6, 2007 Page Two � This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. 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. � \ 2. 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 be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 3. 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. 4. Placement of culverts and other structures in waters, streams and wetlands, 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, streambeds or banks, adjacent to, or upstream and down stream of the above strictures. The applicant is required to provide evidence that equilibrium is being maintained, if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. Compensatory mitigation for impacts to 297 linear feet of streams at a replacement ratio of 1:1 is required. On-site znitiga.tion for 185 linear feet will be performed by the stream relocation. We understand, based on the 401 Certification Application that you have chosen to perform compensatory mitigation for the balance of 112 linear feet, for stream impacts, through the North Carolina Ecosystem Enhancement Program(EEP). 6. All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted. Channel relocations will be completed and stabilized, and must be approved on-site by DWQ staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30-foot wide wooded and an adjacent 20-foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practicable. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, ripra:p may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of riprap coverage area. Azer, P.E. j07 hree 7. Adequate sedimentation and erosion control measures must be installed and maintained orl tide prc:_J:ct site to minimize sediment transport to downstream aquatic resources. Temporary rover (wheat_, millet or similar anneal grain) or permanent herbaceous cover should be planted on all bare soil within fifteen (15) days of ground disturbing activities to provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are defined as these slopes graded at an angle, which cannot retain vegetative cover. Matting shall be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 8. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during th:: trout-spavrning season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction of the roadway. 9. For projects impar"ting waters classified by the NC Environmental Management Commission as Trout (Tr), High. Quality Waters (HQW) or Water Supply I or 11 (WS-I, WS-11), stonriwater shall be directed to vegetated buf7er areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storniwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 10. The dimension, pattern and profile of the stream, above and below the crossing, shall not lse modified. Disturbed floodplains and streams shall-be restored to natural geomorphic conditions. 11. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black: walnut arid] red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 12. Riprap shall not be place in the active thalweg channel or placed in the streambed in such a nyianm-r that preclud s aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 13. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Heavy equipment shall be operated from the banks rather, .than in the stream channels in order to rninirrilze sedimentation and reduce the introduction of other pollutants into the stream. 15. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained t>prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 16. Rock check dams at culvert outlets should be removed at project completion to avoid impeding a,.tuatic life movement. 17. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures fi-orn t17e most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock bends, cofferdams and other diversion structures should be used to prevent excavation in flowing water. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction (e.g., headwalls), a dry work area shall be maintained to prevent direct contact between curing concrete and stream-water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 21. A copy of this Water Quality Certification shall be maintained on site at the construction site at a!? times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State v:ater quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Ac;t) and any other appropriate requirements of State or Federal law. If D WQ determines that such standards or laws are not being met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance,D«VQ may reevaluate and modify this certification. 23. This certification does not authorize the discharge of waste; rock and dirt into the stream or riparian zone exc;,.pt for permitted areas associated with the bank stabilization work. Mr. J. B. Setzer, P.E. July 6, 2007 Page Four � 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. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of Completion. Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C., 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins,Director Division of Water Quality -- cc: Mark,Davis,Division 14,DEO Ed Ingle,Roadside Environmental David Baker,USACE Asheville Field Office Transportation Permitting Unit Mike Parker,Asheville Regional Office WA 'F Mickel F:Easley,Govemor :r �;'iMa )G.Ross Jr,Secretary_. t North Carolina Depar;nent of Ens w➢7Tler t and Natu!al Re50W CC-S �1 Cole en 11.Su'li2�s,Director Division of aver Qualit" July 6, 2007 Mr. & Mrs. William Everist Mr. ,& Mrs. Ralp.1, JuPan 6 Beaver Lake Heights 12 �'_?eave Flei(lilts Asheville, North Carolina 28804 Asheville, North Carolina 28 0-:1. Mr. & Mrs. Gregory Oswell Sr. Reverend Neil B. O'ms Trust 4 Beaver Lake'Heights 8 Beaver Lake Heights Asheville, North Carolina 28804 Asheville, North Carolina 2830-; Mr. & Mrs. Gerald Vaneman 27 Greenleaf Circle Asheville, North Carolina 28804 Subject: Beaver Lake Heights City of Asheville Buncombe County Dear Sirs and Madams: I am writing you for the reason that investigation indicates that each of your homes is served by an individual grinder pump station which puirnps the sewage generated homes to sewers belonging to the Metropolitan Sewerage [,�,Litrict of Buncorrilhe County (MSD). In each case the pump belongs to each of you. The original builder(s) of y(}LIr homes installed individual grinder pump stations for tha reason that i asonable access I.o public sewer by gravity was not available. Each of your grinder pump stations discharge through a force main to a public sewer in the center of Greenleaf Circle just beyond Greenleaf Circle Extension. Residents of that i~lrea have for several years experienced occasional offensive odors. We conclude that tile odor probably results from the discharge of sewage from your grinder pump stations ill to the public sewer. Sewage held for an excessive period of time in your grinder punip station wet well can start to.decompose giving cuff an offensive odor. When that sewag , is discharged to the public sewer odiferous gases may be. released through roof vents id7 area homes. The MSD has taken several steps to reduce neighborhood odors such as increased sewer, line cleaning, the sealing of manholes; and the placing rg of deodorant pillows in area manholes. You could help reduce the potential for odors by ri�grit it�g the length of tim e Ong N� LttC�xrp!ina North Carolina Division of Water Quality 2090 U.S.P.ighway 70 Swanua!;na,NC 28%78 Phone(828)296-4500 Customer Serice Internet: www..ncwaterquaiity.org FAX (828)299-7043 1-877-623-674'f An Equal Opportunity/Affirmative Action Employer—501%Recycle00%,f'ost Consumer Paper Beaver Lake Heights July 6, 2007 Page 2 sewage remains in your wet well. This could be accomplished by making adjustments to the floats which turn the pump on and off causing the pump to run more often. Reducing the length of time the sewage remains in the wet well reduces the opportunity for the creation of odiferous gases. You could achieve a similar result by running more water through the purnp station. Your neighbors would appreciate any help you could offer in reducing the intensity and frequency of the odor problem. Please do not hesitate to call me at 828-296-4659 should you need to discuss this matter. I thank you in advance for your assistance in resolving this situation. Sincerely, Roy M. Davis Environmental Engineer Xc: Ken Seines, MSC) t�. Michael F_Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality July 9, 2007 Jackson County DWQ Project No. 071104 NCSR 1109 (Garnet Hill Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer,P.E. Division Engineer N C Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in an unnamed tributary to Norton Mill Creek, for the purpose of making improvements to NCSR 1109, Garnet Hill Road in Jackson County: Stream Im acts in the Savannah River Basin Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Total Stream Stream in Intermittent Intermittent Stream Perennial Stream Dewatering in Impact Impacts Stream(linear (linear ft) (linear ft) Perennial Stream (linear ft) Requiring ft) (linear ft) Mitigatio n(linear ft Station 50 110 160 0 13+81 Total 50 110 160 0 Total Stream Permanent Impact for Project: 50 linear feet. Temporary Impact: 110 linear feet. The project should be constructed in accordance with your application dated June 19, 2007 (received June 25, 2007), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3627 and 3634. This Certification corresponds to Nationwide Permit Numbers 14 and 33 issued by the U.S. Army Corps of Engineers. 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 will expire with the accompanying 404 Permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and(7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional conditions listed below. No e hCarotina latumllrf North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J.B. Setzer,P.E. -July 9,2007 -— - Page Two 1. 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. 2. 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 be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 3. 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. 4. Placement of culverts and other structures in waters, streams and wetlands, 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 anc,—1 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, streambeds or banks, adjacent to, or upstream and down stream of the above structures. The applicant is required to provide evidence that equilibrium is being maintained, if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)]. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover should be planted on all bare soil within fifteen (15) days of ground disturbing activities to provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are defined as those slopes graded at an angle, which cannot retain vegetative cover. Matting shall be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 6. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction of the roadway. 7. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 8. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and-- red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. �"/ ,zer,P.E. nree 10. Riprap shall not be placed in the active thalweg channel or placed in the streambed in such a manner that precludes .aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 11. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 13. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 14. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life movement. 15. 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 should be used to prevent excavation in flowing water. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. If concrete is used during construction (e.g.,headwalls), a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 20. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification. 21. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work. 22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or protected riparian buffers. 23.Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250,Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Mr. J. B. Setzer,P.E. ------July 9,2007-_ Page Four 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, 4-4 ef 1 Coleen H. Sullins,Director Division of Water Quality cc: Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental David Baker,USACE Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office Michael F.Easley,Governor William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources ' r Alan W.Klimek,P.E. Director —� Division of Water Quality Aloavw Asheville Regional Office SURFACE WATER PROTECTION July 9, 2007 Mr. Mike Decker, Town Administrator Town of Franklin 70 West Main Street Franklin, N.C. 28737 SUBJECT: June 6,-2007 Compliance Evaluation Inspection Franklin Wastewater Treatment Plant Permit No: NCO021547 Macon County Dear Mr. Decker, Enclosed please find a copy of Compliance Evaluation Inspection form from the Wastewater Treatment Plant Compliance Evaluation Inspection conducted on June 6, 2007. Don Price of the Asheville Regional Office conducted the Compliance Evaluation Inspection (CEI). The facility was found to be in Compliance with permit NCO021547 at the time of the CEI, with the exception of composite sample collection being conducted at the facility. The time and assistance of Wayne Price's staff in conducting the CEI is appreciated. It is suggested the Town of Franklin research the means necessary for composite sample collection at the WWTP. This should include flow studies to determine if flows vary by more than 15%, and upgraded flow meters that the plant may need in order to meet permit conditions. A more detailed discussion regarding composite sample collection requirements is included in the attached inspection report and summary. Please review and respond to this letter within 30 days of receipt regarding the WWTP's findings on flow proportional sampling, and the facilities intentions on such. If you have questions regarding this report or other issues relating to the wastewater treatment plant, please contact me at (828) 296-4500. Sincerely, Don Price, WWTP Consultant Enclosure cc: Wayne Price, ORC Central Files, Asheville Regional Office Files NoAhCarolina Naturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency p/� Washington,D.C_20460 Form Approved. r--PA OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 11 NCO021547 ( 11 121 07/06/06 117 181 CI 19I SI 20U Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67I 169 701 I 71 I I 721 NJ 73' I '74 751 I I I 1 I I 180 Section B: Facility Data ��.! Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Franklin WWTP 01:00 PM 07/06/06 03/08/01 Sierra Dr Exit Time/Date Permit Expiration Date Franklin NC 28734 02:30 PM 07/06/06 07/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Wayne Medford Price/ORC/828-524-4492/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Joe Collins,188 W Main St Franklin NC 28734//828-524-2516/8285244540N 0 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement ®Operations&Maintenance ®Records/Reports Self-Monitoring Program ®Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes � ARO WQ//828-296-4500/ / 'T Don Price �( Point Source Branch//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 3I NCO021547 I11 12I 07/06/06 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Facility site review revealed a well operated plant. Staff will need to review permit conditions regarding influent and effluent composite sampling. Facility needs to submit flow data that shows less than a 15% flow differiential or information on both influent and effluent flow meters that reveal composite samples are taken flow porportionally. The time and assistance of facility staff in conducting the inspection and the site r eview is appreciated.Should you have questions with this report or need additional information, please contact Don Price at (828)296-4500. Page# 2 Permit: NCO021547 Owner-Facility: Franklin WWTP pection Date: 06/06/2007 Inspection Type: Compliance Evaluation Jperations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ ❑ Q Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ Q Is the facility as described in the permit? #Are there any special conditions for the permit? 0 ■ 0 i1 Is access to the plant site restricted to the general public? ■ Q 0 Q Is the inspector granted access to all areas for inspection? ■ p Comment: No special conditions noted in the permit. Oxidation Ditches Yes No NA NE Are the aerators operational? ■ ❑ Q Are the aerators free of excessive solids build up? ■ ❑ 0 0 #Is the foam the proper color for the treatment process? ■ 0 0 n Does the foam cover less than 25%of the basin's surface? ® Cl f] 0 Is the DO level acceptable? ■ npn Are settleometer results acceptable(>30 minutes)? 0 0 Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ Q Q I] Are settelometer results acceptable?(400 to 800 mi/I in 30 minutes) ■ ❑ ❑ Q Comment: facility is in process of"Upgrading" the Ditch disc rotors, with floating brush rotors. This along with operating the rotors on an "on/off' basis will help lower the power consumption and improve the system's nitrification/de-nitrification process. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ Q ❑ f1 Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ Are weirs level? ® 0 0 Is the site free of weir blockage? ■ Cl Q n Is the site free of evidence of short-circuiting? ■ ❑ 0 01 Is scum removal adequate? ® 0 n n Is the site free of excessive floating sludge? ■ Q i] ❑ Page# 3 Permit: NCO021547 Owner-Facility: Franklin wWTP Inspection Date: 06/06/2007 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the drive unit operational? ■ n n n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ■ n n n Comment: Disinfection-Gas Yes No NA NE . ..............._..._. . Are cylinders secured adequately? ■ n n n Are cylinders protected from direct sunlight? ■ n n n Is there adequate reserve supply of disinfectant? ■ n n n Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ n n n Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? n n ■ n If yes,then is there a Risk Management Plan on site? n n ■ n If yes,then what is the EPA twelve digit ID Number?(1000- -_) = If yes,then when was the RMP last updated? Comment: Facility uses 150#cyclinders of chlorine and sulfur dioxide, and only keeps 10 on-hand at any one time. It was suggested to facility staff at the time of the inspection, that they should keep only 9 cylinder s of sulfur dioxide, to maintain the current RMP and PSM in context. De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? ® n n ❑ Is storage appropriate for cylinders? ■ n n n #Is de-chlorination substance stored away from chlorine containers? ® ❑ 00 Comment: Are the tablets the proper size and type? n n ■ n Are tablet de-chlorinators operational? n ❑ ■ n Number of tubes in use? Comment: Effluent Sampling Yes No NA NE Page# 4 Permit: NCO021547 Owner-Facility: Franklin WWTP ,pection Date: 06/06/2007 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ■ ❑ ❑ Is sample collected below all treatment units? ■ ❑ 0 0 Is proper volume collected? ■ 0 Cl Is the tubing clean? ■ ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ 0 ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑ Comment: At the time of the inspection facility staff were collecting composite samples, both influent and effluent, on a time basis. Per NPDES Permit NC0021547, part II, Composite sample; constant time/constant volume method may only be used in situations where effluent flow rates vary less than 15 %. Use of this method requires prior approval before implementing. Please review this section of permit and reply as to how facility will comply. Facility has the option of"showing" flow does not vary by 15%, or upgrading flow meters, both influent and effluent to meet the flow porportional sampling requirements. Page# 5 Michael F.Easley,Governor QG William G.Ross Jr.,Secretary {7 North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality SURFACE WATER PROTECTION July 10, 2007 CERTIFIED MAIL RETURN RECEIPTS REQUESTED William Thad Hollifield 1170 Riverview Drive Burnsville, NC 28714 Subject: Notice of Violation Notice of Recommendation for Enforcement Hollifield Property Loss of Best Uses Yancey County Dear Mr. Hollifield` The Asheville Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality for conditions on and around your property on the Cane River, in the community of Pensacola, in Yancey County. The recommendations for enforcement concerns violation of state law for the Removal of Best Uses of a stream [Title 15A North Carolina Administrative Code 2B0211(2)]. Also, if the United States Army Corps determines that the activity on the site necessitated a 404 Permit from the Corps, the violation, Failure to Secure a 401 Certification, [Title 15 North Carolina Administrative Code 2H .0500] would also exist. The violations occurred on the Cane River in the French Broad River Basin. The Cane River is classified as High Quality Waters; Water Supply-11; Trout waters of the State. The Division of Water Quality made observations on April 19, 2007. Removal of Best Uses Title 15A NCAC 2B .0211 (2) — The excavation/removal of rock from the river bed below the ordinary high water mark is considered a Removal of Best Uses of that water resource under 15A NCAC 2B .0211 (2) which states; The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. Nont thCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Hollifield July 10, 2007 Page 2 401 Certification Title 15A NCAC 2H .0500 — The United States Army Corps of Engineers determines the need for dredge and fill permits. The Corps will be asked to investigate the site to determine if the activities observed by the Division would have required a 404 Permit from the Corps. If the Corps determines that a 404 Permit was required, the Division will be including enforcement recommendations for failure to secure the State's 401 Certification. The State's 401 Certification is required in conjunction with the Corps' 404 Permit. Please note that each violation is enforceable under provisions of NCGS 143-215.6A as administered by this Agency. Furthermore, a civil penalty of not more than $25,000 may be assessed for each violation. If you have an explanation for the described violations that you wish to present, please respond in writing within ten (10) working days of receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director, with the enforcement package for his consideration. If you should have any question regarding this matter, please call me at (828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Division of Water Quality Cc: 401 / Stormwater Compliance Oversight Unit USACE —Asheville Regulatory Office Michael F. Easley, Governor } William G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources p Coleen H. Sullins, Director Division of Water Quality ' Asheville Regional Office SURFACE WATER PROTECTION SECTION July 10, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED -coos 1820 0002 9207 4700 Mr. Al Singh Marion Travel Plaza 6760 The Willows Cove Memphis, TN 38119-8027 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 NCO086428 Marion Travel Plaza WWTP Case No. LV-2007-0270 McDowell County Dear Mr. Singh: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $658.57 ($450.00 civil penalty + $208.57 enforcement costs) against Marion Travel Plaza. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Marion Travel Plaza for the month of January 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0086428. The violations, which occurred in January 2007, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Marion Travel Plaza violated the terms, conditions or requirements of NPDES Permit NCO086428 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Marion Travel Plaza: No thCaroratina �atully North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterauality.org FAX (828)299-7043 1-800 623-7748 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit \N, 200.00 NC0086428, by discharging waste water into the waters of the State in violation. of the Permit Daily Maximum limit for Total Suspended Solids. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 250.00 NC0086428, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for Total Suspended Solids. 450.00 TOTAL CIVIL PENALTY $208.57 Enforcement Costs $658.57 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 �y 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 ,y assessment document. Because a remission request forecloses the option of an Anistrative hearing, such a request must be accompanied by a waiver of your right to an Aministrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; - --(4) whether-the violator had been assessedcivil 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 Adminis, 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 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 me or Wanda Frazier of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Bob Guerra - Compliance Enforcement w/attachments ARO Regional Supervisor w/ attachments ARO enforcement file w/ attachments Central Files w/attachments W w N N a m U U U w W w Z EN 0 3 N N Q X X > •' J m m Q O O 2 �i _T _T T z Cp Q O o g z O W W!= m Q N (O N a ° W F W V; co J a V M O J 0 V W W OD z za E E E O U G r N O Q h Z G W z t LLI N J LU N N N U _ W wn] F~- Q OW S Q D ~� _ z �a w O° o 0 0 a U a r N 2 a. w O w U) U) � O Q w w w r 0 C C C J Q 7 V U O w w w Q LL J J as o 0 0 Fa o 0 0 O c N O C ZF c Oa N N U o z� Z �a 0 F- o o 0 0 W Q o o 0 a Z o o n J a JUSTIFICATION FOR REMISSION REQUEST IQ Case Number: LV-2007-0270 County: McDowell Assessed Party: Marion Travel Plaza Permit No.: NC0086428 Amount Assessed: $658.57 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 ofthe civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \\ �-. -i: /� �-_! ____ JF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES JNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS MARION TRAVEL PLAZA ) PERMIT NO. NC0086428 ) FILE NO. LV-2007-0270 Having been assessed civil penalties totaling $658.57 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 10, 2007, 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 -__. __:_J -_-__._. �__.\ �- / of North Carolina partment of Environment .nd Natural Resources Asheville Regional Office A&q • Michael F.Easley,Governor NCDENR William G.Ross,Jr.,Secretary Coleen H.Sullins,Director NORTH CAROLINA DEPARTMENT OF Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES SURFACE WATER PROTECTION July 10 , 2007 MEMORANDUM TO: Elizabeth Kountis THROUGH: Roger Edwards FROM: Linda Wiggs _/1n/' SUBJECT: ARO Recla/ssiJ/f�ication Request for Catawba Basin Rivers to HQW/ORW In a memo dated February 5 , 2007, Asheville Regional. Office (ARO) requested several watersheds in the Catawba and French Broad River Basins be evaluated for reclassification to High Quality Waters (HQW) or Outstanding Resource Waters (ORW) . The request was made because the uses or quality of the waters may not be adequately reflected by the current classification, and therefore may be lacking adequate regulations for protection. The watersheds requested for reclassification were chosen from the French Broad and Catawba basins in an attempt to conserve Division resources by coinciding this request with the Basinwide Cycle. Also, in an attempt to further alleviate time and resource restraints, a distinction between High Quality Waters and Outstanding Resources Waters was not made. Instead, based on the data obtained, Environmental Sciences Branch (ESB) staff will recommend the most suitable classification. This memo is a modification of that request supporting the need to reclassify waterbodies in the Catawba River Basin. The number of watersheds requested has been reduced to only include those with the highest priority. In order to assist in the process of reclassification available data is tablulated, pertinent DWQ indexing information is provided, as well as watershed descriptions and maps . Modification for the French Broad Basin request will follow at a later date . CC: Jimmie Overton Trish MacPherson 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 An Equal Opportunity Affirmative Action Employer One Telephone 828-296-4500 FAX 828-296-7043 NOI hCarohna ;Vgt`Iaralt'IJ- .i Request CTB Aassification Request for Catawba Basin Rivers to HOW/ORW .Lew: watersheds are requested for reclassification in the Catawba River Basin. zse watersheds may be suitable for High Quality Waters (HQW) or Outstanding ..esource Waters (ORW) classification based on the following three criteria: 1 . Physical, chemical, or biological data indicating excellent water quality. 2 . A unique or threatened resource. 3 . Existing or anticipated land uses in the watershed requiring added regulations to maintain or protect resource. Benthic and/or fish communities, evaluation from the Environmental Sciences Branch (ESB) is needed to determine if a more protective classification is suitable . The current classifications of the requested watersheds are "C" or "C-Trout" , with some recreational "B" waters as well . Although the Trout Classification does afford the streams added protection, it may not be enough to avoid adverse impacts to these watersheds . The most eminent source of degradation to these watersheds is development demands . HQW/ORW watersheds have added protection for development under the existing State Stormwater Program. Also, Local Governments falling within the requirements of Phase II Stormwater Program provide protection. Without either of these programs in place, water quality in sensitive watersheds is threatened. Prioritization: The Planning Branch and ESE have received many requests to reclassify streams . In order to aid in the effective use of Division resources, ARO has prioritized .s requested streams given the following considerations : 1 . Potential and existing threats to water quality and aquatic species . 2 . Available benthic and fish data rating waters excellent in quality. 3 . Aquatic listed species data. From a Regional perspective, watersheds deemed to be in group (1) above were given the highest priority in selecting watersheds for immediate evaluation. The concern for degradation due to potential and existing threats is based on development demands in the area surrounding the watershed. Corresponding lack of regulations is based on whether or not the Local Government has a Phase II Stormwater Program; as well as the current DWQ classification of the stream. Watersheds at the top of the prioritized list tend to be watersheds without any DWQ data. However, because Basinwide sampling is underway on several of the requested waterbodies, if the latest data confirms HQW/ORW suitability, then these waterbodies will proceed to be recommended for reclassification regardless of prioritization. Attachments : To further depict watershed information, each priority watershed has a brief description followed by an illustrative map. Table I is the modified list of requested streams from the original list dated February 5, 2007 . Listed in order of priority are stream name, current classification, stream index, and data. 15A NCAC 2B.300 is included for each requested stream segment denoted. Note: Please visit the DWQ "Interactive Maps for Stormwater Permitting Areas" —bsite http: //h2o.enr. state .nc.us/su/msi maps .htm. These maps show the aportance of the prioritization considerations because they illustrate the areas without any State or Local Government Stormwater Programs . These areas are indicated in the legend as "None, Inc/UnInc Area" usually a grey/beige color. 3 \��, \J �` _. ' y y �z C cl) (D n r V, y@ tN y � � a � Luc• r, cD co CrJ ° CD o ,rt � ,� n 0o n n n n n (� n n 00 a.•o o. m 0 n i y � o•� o � 90 acr � d� n � a o o CD ?� x a T W W W W W N N W W W W W FD p�p'r, --j N � o (D ao ao ao aD ao oo Oo A N O o M r m _ o- a wwww^ co U) -� W N N v (Ji C3i —° cD Z 3 (D o a '� w`� c ' v W3�Dm c r� ce co N 3 �c m w m Q (D e••r G y. Qp 3 C C O S (D (n N -� KQ0 CD lal N c a) O O �! 1 u)W °C K 00 fv Z Cr N (D N (Q N Z Z (D U(Q N (D (Q N Z Z° QnO00 Z Z yamW nQOa 0 CD O O O O( n O 0 L P O (Q (D N sCL " 0 0 QN (D QN O 00 A E �o O (D Q N Q (p �+ Q (D Cr Q v v N v jr; Q* oQ DoQri) v N :3 �. v c v N N N vCD 0 CD y U Z U)K)N D Z � m Z z Z n n Z z (n _n Z Z Z 0 Cn CD n co a v o o- = O CD U o coo = n (o z O v C� o Cn cn o 0 0 k (p Z O � � v Z co Z 0 rt3 Z N n � 0 0 0 QCD Pa 0 S " 3w 0) �' N N (D 7 N fl.1 v CD S W w fD - cn N N 2 N N .. N c cn fD Q v N N D _ CD Z_ Q (D N n N a (n 0 to �5 �() c�D3ti o �. (nmm mCD WR._ cn cn G1't CD j Q CD � Z v su 0 a y 07 cn w � � 2 M. 0 o N o � � 3 a 5 3 o N Cn ° � a (D CDl< C5 CD a a> 3 c') �. a o0 0 •<(Q v 3 m cn �i �. ID (D a) m wo a CD cnv not CO W3. a v (n m N ID W w 3 v U,. CD c Q _ � m (no oZ CD 3 - Z 9 3 = - � m cao � a a3 onm 2 �c °' 0- c 3 N a f� o m a 7 cf) cn 0m — -, (D cn ti (r Z N N 0 = N 0' W _ NON ., o �a p co� 7 U v Q n E; n (D G7 (D -n (D Z y = CL 0 (D m < w y �' (n Ln 2 3 (D C 7y u, 0 (D �^ y (D � v a = v4 n c c)fn Di � v cr (D �n o ^ t N Z a) 0) m o Q m a v (n o 0) o (D C7 (D 0O N (D 9 N (n g 5 o � a ;a W UOi n� = Op �7 < a co Cn O cn <. M c tJ N `G 0 y Q ";a W (D N C C) 0 3 y won Request CTB Bailey Creek, Dales Creek, Unnamed Tributary to James, White Creek .e James is the first lake in the Catawba chain. Several years ago a primary Andholder, began selling off or developing the land. Since this time development has been pervasive . There are several small watersheds feeding Lake James that may still meet HQW/ORW quality. These watersheds currently hold only a "C classification in areas where no Local Stormwater Programs exist . The Lake James buffer rules do not apply to tributaries feeding the lake, only to the shoreline . This is a beautiful lake and the area is experiencing a surge of resort or second home development . There are four watersheds of concern: Bailey Creek, Dales Creek, an Unnamed Tributary to Lake James and Whites Creek. All of these watersheds are in close proximity along the North shores of Lake James near the McDowell and Burke County lines . Bailey Creek Watershed: McDowell County, Class "C" , Index number 11-26 thru 11-26-1 (Bailey Crk and Bear Crk) , Ashford NC Topo, D.D 35 . 755/81 . 967, Approximately 4 square miles of drainage, predominantly forested watershed. VIV 10 ti �mjrrF '. „." � �� Nj yp � '` �```'•...'� � �� „ war ,� �� � �''.� ,�rr�°��.!j 3l r, � :�p"�� �',Y 1 Jk4,'�,� M „',.�_ t�� �zl'� 4` ��s f nN 3 "Y✓a`` `�4 ""«e4 M � q�(���' E �f � ^..'2 � 8 �r ""-�.w.,;...�f� i 7 , .$P'. FV 8 € + € . ,,.r� ry ,a 4 *�.. i ..d'� `" e r" j " ;5,�w *.", z € ;rf a { U " .r,f'"L 3 2k ,� is ..ter" .., t 1 tx r � i V $ .�,".,A� f c``' zi € #�r„i Jr £xu � r �'\ ,\ :i l" /� �-�, f/; .1 Request CTR Bailey Creek, Dales Creek, Unnamed Tributary to games, White Creek Aes Creek/UT to Lake James Watersheds : Dales Creek; McDowell/Burke 'ounties, Class "C" , Index number 11-27, Ashford NC Topo, D.D 35 . 761/81 . 950, approximately 5 square miles of drainage, predominantly forested watershed, poised for development, headwaters are Public Lands . UT to Lake James; McDowell/Burke Counties, No index number, Ashford NC Topo, D;.D 35 . 773/81 . 933 , approximately 1 . 7 square miles drainage area, predominantly forested watershed, approved for development, headwaters are Public Lands Tsz 4ph 9 n 4 ° Y Rd xr A' . Y . J4. T'. - v r,g '.x..: fl : h «�'"` } �.'v-w ;�� •w � a a V f TO l..K ....... �. 3 jp- ° f� t. 9 UN � ., �", n r A a 2 , .1 Request CTB Bailey Creek, Dales Creek, Unnamed Tributary to James, White Creek .liite Creek: Burke County, Class "C ' , Index number 11-30, Ashford and Oak Hill Topos, D.D 35 . 797/81 . 864 , approximately 2 square miles drainage area, mid section privately owned, upper and lower publicly owned. ✓ " ` �� Lu "" - NZI ft r g l3 �` d s p s _ F t` '' "`` ,� ✓ ' 1 'f fi 2 doil � r """`. `3 £ v ' hL IN ^, d r f X,, ..�",�'_ a ,,^� ,��� ,' ` iz r$' 1 +� r -,tea, Jw..� £ r�°z, t •� Wa . ,� i I t r FOR j) e �a .. ....t£t 3r, Request CTB ,ad Creek: McDowell County, Class "C' ' , Index number 11-12 thru 11-12- Aoffit Hill, Sugar Hill Topos, D.D 35 . 640/82 . 113 , approximately 30+ square _es drainage area, rural communities . Given the land use in this watershed ,ie sediment load may be too high for excellent benthos . However in 2002 Crooked Creek supported an excellent fish rating. Therefore, if HQW or ORW cannot be obtained but data suggest a Trout classification is suitable, then recommendation for Trout waters is requested. r z a�z� "'�. a �""`�r��a° �..✓ .„�'fia "« 46,$'� -4 'r, � '�,-- � v �y �r .. �, y a aka Y' VIA & �-,' 44,^L� € 3z[j ..` �a ♦€ axe n .... fax I Rq €t `7* & W3'� ,.:'' r Al 41, 3�✓ , P a 1'y � J a �.` r z s ram" f 4 g ! ?"�, ,,,�3'a"�•;"" '. 41: r € 1 .�y�„ra4 t� d 1r,�,' "' ! 0. zYK z a tix a s `^t Jkw AP s d.?!�t; tY. z, t._ „ .a a:✓ 6` '� r t„'', € ,= ;r ' f f x r , 4 "` Ta z! R € l ate, a > F q : t ��1 �,-. \` __ __ Request CTB Creek: Burke County, Class "C' ' , Index number 11-34- (0 . 5) thru 11- Glen Alpine, Dysartsville Topo, D.D 35 . 675/81 . 812 , approximately 20 .are miles of drainage, rural communites . Given the land use in this Atershed the sediment load may be too high for excellent benthos . However in 2002 Silver Creek supported an excellent fish rating. Therefore, if HQW or ORW cannot be obtained but data suggest a Trout classification is suitable, then recommendation for Trout waters is requested s �- sLe f 3 r Y a s"i M, w° s Y 5 z " C h e (Fa F Qfy bud Wm w P t tAin$ gel S 1 `S 'WE ^ ` 4"4; y y 3 � Y 3 1 i.3'� i y F Aj � M . , /y } �ff ;^. r ram. rr '13�€�a.��r r s. F i 4 f k P$ t,x Request CTB Creek: Burke County, Class "C, C-Tr" , Index number 11-38-35 thru 11- -2 (Parks Crk Class "w , Carroll Crk Class "C-Tr" , Pearcey Crk Class ' ) , part of the Johns River watershed, Chestnut Mtn, Collettsville, rganton North Topos, D.D 35 . 866/81 . 731, approximately 10 square miles Kainage area, lower section privately owned, upper section public lands . 0111 in LIS 4t - - , yam ✓ s� ?€dL„ ` i ., i; r AIRMY Q Ang w €' Alvinn SFr 7 v 5y "4 i 1 1 c �1� � £ a r s "}H Y @- a?IC rr 4 ., , l a✓ �` �``--v m r `fiy ,� �,Y loom my ,�.�r 3 z-.✓ t 1 a', ''xg r a ,r�� � t y _"'�C-mac S s ��,,- i .� s a '^• i `" -I' � �n y �, �?�'+ t'v tie cox r �•� �%• - � r � �. .gyp - c I k ia- '#�: f a ,.� � - •� � �+ � €she z/_ R WV + { ✓ 3 - 4vz a 9 `. „x zq i 7 u� r �� r� Flow i fiw, a r loss 1 Vi ff / ! f �! Wf I ✓� -�;•�,, r,� r '/ f s� ....�' Y f :..p �• € " ' Am ✓ `gyp z�.,,,�g IN, WWI -env VGA rl z r. , bog �z'°}.;�.�� gee �, "`r �.✓'t; � ,,.,.--vt, „: s r\ Request CTB .)a River, Left Prong: McDowell County, Class "C-Tr" , Index number �) thru 11-6, Moffit Hill, Black MTN Topos, D.D 35 . 619/82 . 183 , Northern Lion of watershed public lands, remainder private land. �.. 3 Y� £ € �. 1 /'P.' ! .! '."�' 'apt .✓ p @, Q 1 `"� p "7 t x E ,G�k,� s° £ �� sr -s k= �k• a sNA ,a ri i a r „:,tF, �r rir�` sg�i�-.,,. - � � '✓ �r'�� y � f �' - � '3 �1 ,€ }��Fy��' :x' �`,`" ' r .�"" �" ''�S`>5 a'� 'rim F '` 1 ;" F, aka `,' �� r r ✓ ? �� + J r yYF' v y3 ;tea f f r �,o-aa � v zl�/fir- 4: `€�`yqr `•i �.. .{ !. r "� r�t}\� £" t .! ��.�� ✓ � tAz rah z,z ,� �` � �N Sri,� � r `r�,r° �,,,� s� 4 �x a` x �(£ - d � r ...ma+ e., 'r ��'., d ' 's€.,- _ f µ',ay t r;� rr,�x' F x .�t� �`,. ";�`a����� ° ..'z �,�,'.z;• �"' w_: �3 s �. I'., 1"'n �i\ ,�'-�« err t�,�y jx�. =4 k � rx" • w+ -_ ' gR ���a �m , ro s ° ,ff' yrM s'd 4 9,.� ��3 f s r .�'' i>f ,;, •'""�°"' ,'"�' "s ..Wew arm ' T i` A rq£ 'a, r '� � (.r ��t,•. 1 _"f -: � �� �•� a� a.� s 1�� � € r `��` � �' �€ at: Y "t ' -Y r w •. �\'�'\y`" 'a' Y'.x �'.s ,✓' s^f"`���` xv'`" $'. i '£f re s .a ...� s ';� f"F a .s y ✓ya lr t_.r, rr a; at�� '` w £ t W r4 i' ."� fry c y. }.,,, 'zat,*� ;' ''' ;.z, f `+ rp rda'€ x "`r tf r 7is.� W".• .r ✓.r f r fs i rW r „s X.— .� 11 F✓`8 '` ""rf '`� , ''•^^• \`,� y` ,=}ES ';•`"e'.z A 3 3} :.�s•,`}�d '"yst `l - #m y'a f x } v rr L�" si3 ✓ € r r Lr % D... �#a, tl �� z` ..: r}£�.,: T1 r .fs-ry rA € }f w's lar ' t- s ' 1 r: ,r a . .1 rrj\ � x v rg 5s s 4 s ;, �1 , " :"✓f l.�rx € 's `,,;, }a 3 S�ewh`'•� t s\ 1 .,' ,r�r"�" y w x; f€ S "�u' ..�^ r y a`,w� l ,Pr'': .. x``'t€ �`u'-s�Y 's d f ? �„,r ! s s ,'.f"` ;r"✓' „w✓ / / x `� tp�r^ `� r Li�t�,E'f�� ��`; ��;''✓�r'`�%� � �`li�.. f r l fi �f z��^ f ' r3 s"a 5y s's. J �t,y,�� �4.,,,f "¢ 3 `"�z 3� t€`s }r+M,„t rrr' .s F r �'r ,� q+ Fr 'x•`" '�F£r f ` 3,a _ ., s .; __£� yu'. r ` :�.�� ��+:tt �J'a}d �'� �.,.... ; �{../ `� �:. ro°'},ra��'q`4y�.."`" e a°'., k•;". "s��"^'. � "�"ur.,Y atSv. �'� F: $'r'a f3 '`�'a" �•,�,�,'1�s � x".a �r,� fi �'sa � F ..y�"r v isx� r ^.* l „er •� :.ram � `ty3 .� f '\.ram�'n�'. ', ���s 1 �z.., r �, �,n ^'��y sak,�}z• r .,\3 7 ��F "^t FY Mid?a�3r w,�ff ✓PRr S a a': } v 1'. � S��r S{ ' sx� p^y l ,.>=,f�rw �, "'"' "'.^ {-.1 € ,..,•r1' „ t ,• f £ r a € f I -° ca.,,F' t r rw ry "'«, >" �� •r �, ru'l €Nfi r zF z a (x r�Y �,�, .„ ,.. s a 3a„y ,� Y "� /`{ v}rs/` i s r,� x .'` �,r,a zr €3 i a a,,,, 4 �; r'''r'jr x' ',,F ��'l d .,..�'a40 �A y c r asp._ r t qq r v1 ✓ y �•�' � 3�.".G, � � �". r4 � N"� ,�� rf y y :fi'. "f• rx�' �\\ {; z v„r% �,{,r � k- € � ;� � r �:ai"^fi M x *x, �� fi �;_ "'«C> f ti�f x,�r - ".�;�,."v �,`., �. ,r,,,, ,, ..'.,�, "n•., ate:' r^r.:r '�r?.i, rr�,.,�"�, �=a..ra�s.�.�.ta".�""S„-. ,� :.„fyt: ,r',.�/s<'z�.,.��..r ,r•3;€ -�.`m,,'s ;�yy�,ts�!�P.�aft` � �� �,!' 3t�„ r "� ry^ f a� �' � ,a t -�"B "`x �� ..�`"t .-G ",:'�:s., ,'�^a ,.:,.• Request CTB ATERSHEDS REQUESTED Fork Catawba: McDowell County, Class "C-Tr" , Index number 11-24- (1) 11-24- (13) . The North Fork of the Catawba flows to Lake James from the chern section of McDowell County. It is a fairly large watershed that -ready encompasses some HQW designations . The watershed has mixed uses including agriculture, rural residential, industrial, mining, and resort property. Although most of the watershed holds a Trout classification mixed with some HQW, it is possible that more of the watershed will qualify for HQW. And given the proximity to Lake James the growth potential is high. Currently McDowell County does not fall under the Phase II Stormwater; therefore it is pertinent that the State provides the necessary protection for this watershed. Johns River Little Mulberry Creek Guys Creek: Avery, Burke, and Caldwell County, Class "B, C&C-Tr" , Index number 11-38- (1) thru 11-38-33 . The Johns River watershed already has several HQW/ORW designations. It is likely that the remainder of the watershed may meet HQW or ORW status . The watershed is primarily forested with rural residential . However, demands for resort or second home development are increasing. There is no consistency to the classifications in this watershed, although it is expected that the water quality may demonstrate consistent quality. Most of the upper portion of the watershed falls within Caldwell County, which is a county with a Phase II Stormwater Program. The remainder falls within Avery and Burke County, neither having a county wide Stormwater Program. The watershed has exhibited excellent water quality data along with rare species . In order to maintain consistent protection through out this watershed, it is requested that waterbodies within this watershed not already classified HQW/ORW be considered for HQW/ORW classifications . a // I �._�� 4. DIVISON OF WATER QUALITY 2B .0300 d CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No. CATAWBA RIVER From source to Old Fort C;Tr 08/03/92 11-(1) Finishing Plant Water Supply Intake Chestnut Branch (Fork) From source to Catawba River C;Tr 08/03/92 11-2 Clover Patch Branch From source to Catawba River C;Tr 08/03/92 11-3 Youngs Fork Creek From source to Catawba River C;Tr 08/03/92 11-4 Spring Branch From source to Catawba River C;Tr 08/03/92 11-5 Left Prong Catawba River From source to Catawba River C;Tr 08/03/92 11-6 Mill Creek From source to Swannanoa C;Tr,HQW 06/01/98 11-7-(0.5) Creek Right Prong Mill Creek From source to Mill Creek C;Tr,HQW 08/01/96 11-7-1 Left Prong Mill Creek From source to Mill Creek C;Tr,HQW 08/01/98 11-7-2 Slaty Branch From source to Left Prong C;HQW 08/01/98 11-7-2-1 Mill Creek Acron Branch From source to Mill Creek C;Tr,HQW 08/01/98 11-7-3 Big Creek From source to Mill Creek C;Tr,HQW 08/01/98 11-7-4 Paris Branch From source to Mill Creek C;Tr,HQW 08/01/98 11-7-5 Fall Branch From source to Paris Branch C;Tr,HQW 08/01/98 11-7-5-1 Boardpen Branch From source to Paris Branch C;Tr,HQW 08/01/98 11-7-5-2 Barn Branch From source to Paris Branch C;Tr,HQW 08/01/98 11-7-5-3 Prichard Creek From source to Mill Creek C;Tr,HQW 08/01/98 11-7-6 Long Branch From source to Mill Creek C;Tr,HQW 08/01/98 11-7-7 Brushy Branch From source to Mill Creek C;Tr,HQW 08/01/98 11-7-8 Mill Creek From Swannanoa Creek to C;Tr 03/01/62 11-7-(8.5) Catawba R. Swannanoa Creek From source to Mill Creek C;Tr 03/01/62 11-7-9 Jarrett Creek From source to Old Fort C;HQW 08/03/92 11-7-10-(1) Water Supply Intake Lost Cove Creek From source to Jarrett Creek C;HQW 08/03/92 11-7-10-2 Jarrett Creek From Old Fort Water Supply C 03/01/62 11-7-10-(3) Intake to Mill Creek Unnamed Tributary at Camp From source to Camp Grier B;Tr 07/01/73 11-7-10-4-(1) Grier Lake [Camp Grier Lake Lake Dam (Lake Refuge)3 Unnamed Tributary at Camp From Camp Grier Dam to C;Tr 07/01/73 11-7-10-4-(2) Grier Lake Jarrett Creek CATAWBA RIVER (including From Dam at Old Fort C 03/01/62 11-(8) backwaters of Lake James Finishing Plant Water below elevation 1200) Supply Intake to North Fork Catawba River Burgen Creek (Butch Branch) From source to Catawba River C 09/01/74 11-9 Curtis Creek From source to Catawba River C;Tr 08/03/92 11-10 Bear Drive Branch From source to Curtis Creek C;Tr 08/03/92 11-10-2 Licklog Branch From source to Curtis Creek C;Tr 08/03/92 11-10-3 Big Camp Rock Branch From source to Curtis Creek C;Tr 08/03/92 11-10-4 Rest Branch From source to Curtis Creek C;Tr 08/03/92 11-10-5 Long Branch From source to Curtis Creek C;Tr 08/03/92 11-10-7 Hickory Branch From source to Long Branch C;Tr 08/03/92 11-10-7-1 1 _,_,\ 1�-/ /�_. `/ DIVISON OF WATER QUALITY 2B .0300 d CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index.No. Slick Falls Branch From source to Curtis Creek C;Tr 08/03/92 11-10-8 Newberry Creek From source to Curtis Creek C;Tr 08/03/92 11-10-9 Chute Branch From source to Newberry C;Tr 08/03/92 11-10-9-2 Creek Laurel Jog Creek From source to Newberry C;Tr 08/03/92 11-10-9-3 Creek Left Prong Laurel Jog Creek From source to Laurel Jog C;Tr 08/03/92 11-10-9-3-1 Creek Right Prong Laurel Jog Creek From source to Laurel Jog C;Tr 08/03/92 11-10-9-3-2 Creek Horse Branch From source. to Newberry C;Tr 08/03/92 11-10-9-5 Creek Chest Cove Branch From source to Newberry C;Tr 08/03/92 11-10-9-6 Creek Tantrough Branch From source to Curtis Creek C;Tr 08/03/92 11-10-10 Pail Branch From source to Curtis Creek C;Tr 06/03/92 11-10-11 Deep Branch From source to Curtis Creek C;Tr 08/03/92 11-10-12 Paddys Branch From source to Curtis Creek C;Tr 08/03/92 11-10-13 Brevard Creek From source to Catawba River C 03/01/62 11-11 Crooked Creek From source to Catawba River C 03/01/62 11-12 Bird Creek From source to Crooked Creek C;Tr 07/01/73 11-12-1 Hodges Creek From source to Crooked Creek C 03/01/62 11-12-2 Big Branch From source to Crooked Creek C 03/01/62 11-12-3 Lytle Branch From source to Crooked Creek C 03/O1/62 11-12-4 Jackson Creek From source to Lytle Branch C 03/01/62 11-12-4-1 Little Crooked Creek From source to Crooked Creek C 03/01/62 11-12-5 Pine Cove Branch From source to Little C 03/01/62 11-12-5-1 Crooked Creek Clarks Branch From source to Little C 03/01/62 11-12-5-2 Crooked Creek Guthrie Branch From source to Little C 03/01/62 11-12-5-3 Crooked Creek Jordan Branch From source to Crooked Creek C 03/01/62 11-12-6 Camp Creek From source to Crooked Creek C 03/01/62 11-12-7 Dill Branch From source to Camp Creek C 03/01/62 11-12-7-1 Bradley Creek From source to Crooked Creek C 03/01/62 11-12-8 Loom Creek From source to Bradley Creek C 03/01/62 11-12-8-1 Little Toe River From source to Crooked Creek C 03/01/62 11-12-10 Haw Branch From source to Crooked Creek C 03/01/62 11-12-11 tr Glades Creek From source to Catawba River C 03/01/62 11-13 Cane Creek From source to Catawba River C;Tr 03/01/62 11-14 Cave Creek From source to Cane Creek C;Tr 03/01/62 11-14-1 Mackey Creek From source to Marion Water WS-I;Tr,HQW O8/03/92 11-15-(1) Supply Intake Mackey Creek From Marion Water Supply C;HQW 08/01/90 11-15-(2) Intake to Laurel Fork Creek Laurel Fork Creek From source to Mackey Creek C;Tr,HQW 08/01/90 11-15-3 2 I \, i %_ , ��._. DIVISON OF WATER QUALITY 2B .0300 CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No, Long Branch From source to Little Buck WS-II,B;Tr,HQW 08/03/92 11-19-11-4 Creek Possey Branch From source to Little Buck WS-II,B;Tr,HQW 08/03/92 11-19-11-5 Creek Bee Branch From source to Little Buck WS-II,B;Tr,HQW 08/03/92 11-19-11-6 Creek Buck Creek From Dam at Lake Tahoma to WS-II;Tr,HQW 08/03/92 11-19-(12) a point 0.6 mile upstream of Marion Water Supply Intake Persimmon Creek From source to Buck Creek WS-II;HQW 08/03/92 11-19-13 Buck Creek From a point 0.6 mile WS-II;Tr,HQW,CA 08/03/92 11-19-(13.5) upstream of Marion Water Supply Intake to Marion Water Supply Intake Buck Creek From Marion Water Supply C;Tr 07/01/73 11-19-(14) Intake To Catawba River Nix Creek (Nicks Creek) From source to Catawba River C 03/01/62 11-20 Toms Creek From source to Harris Creek C;Tr,HQW 08/01/98 11-21-(1) Toms Creek From Harris Creek to C;HQW 08/01/98 11-21-(2) McDowell County SR 1434 Harris Creek From source to Toms Creek C;Tr,HQW 08/01/98 11-21-3 South Fork Toms Creek From source to Toms Creek C;Tr,HQW 08/01/96 11-21-4 Betsy Creek From source to Toms Creek C;Tr,HQW 08/01/98 11-21-5 Toms Creek (Morgan Lake) From McDowell County SR C 03/01/62 11-21-(6) 1434 to Catawba River Johns Creek From source to Catawba River C;Tr 03/01/62 11-22 CATAWBA RIVER (Lake James From North Fork Catawba WS-V,B 04/01/99 11-(23) below elevation 1200) River to Bridgewater Dam North Fork Catawba River From source to mouth of C;Tr 03/01/62 11-24-(1) —. Laurel Branch Locust Spring Branch From source to North Fork C;Tr 07/01/73 11-24-2 Catawba River North Fork Catawba River From mouth of Laurel Branch B;Tr 09/01/96 11-24-(2.5) to Armstrong Creek Laurel Branch From source to North Fork C;Tr 07/01/73 11-24-3 Catawba River Pond Branch From source to North Fork C;Tr 07/01/73 11-24-4 Catawba River Dogback Spring Branch From source to North Fork C;Tr 07/01/73 11-24-5 Catawba River Chestnut Cove Branch From source to Dogback C;Tr 07/01/73 11-24-5-1 Spring Branch Stillhouse Branch From source to North Fork C;Tr 07/01/73 11-24-6 Catawba River 4 V DIVISON OF WATER QUALITY 2B .0300 CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No. Bridge Branch From source to North Fork C;Tr 07/01/73 11-24-7 Catawba River Honeycutt Creek From source to North Fork C;Tr 07/01/73 11-24-6 Catawba River Stillhouse Branch From source to North Fork C;Tr 07/01/73 11-24-9 Catawba River Pepper Creek From source to North Fork C;Tr 07/01/73 11-24-10 Catawba River Lonon Branch From source to Pepper Creek C;Tr 07/01/73 11-24-10-1 Van Noy Branch From source to Lonon Branch C;Tr 07/01/73 11-24-10-1-1 Martin Branch From source to North Fork C;Tr 03/01/62 11-24-11 Catawba River Conley Branch From source to North Fork C;Tr 03/01/62 11-24-12 Catawba River North Fork Catawba River From Armstrong Creek to C 03/01/62 11-24-(13) --- Lake James, Catawba River Armstrong Creek From source to Hickory C;Tr,HQW 04/01/99 11-24-14-(1) Botton Creek Bee Rock Creek From source to Armstrong C;Tr,HQW 04/01/99 11-24-14-2 Creek House,Branch From source to Bee Rock C;Tr,HQW 04/01/99 11-24-14-2-1 Creek Cow Creek From source to Armstrong C;Tr,HQW 04/01/99 11-24-14-3 Creek Middle Fork Cow Creek From source to Cow Creek C;Tr,HQW 04/01/99 11-24-14-3-1 North Fork Cow Creek From source to Cow Creek C;Tr,HQW 04/01/99 11-24-14-3-2 Pups Branch From source to Armstrong C;Tr,HQW 04/01/99 11-24-14-4 Creek Bad Fork From source to Armstrong C;Tr,HQW 04/01/99 11-24-14-5 Creek Roses Creek From source to Armstrong C;Tr,HQW 04/01/99 11-24-14-6 Creek South Fork Roses Creek From source to Roses Creek C;Tr,HQW 04/01/99 11-24-14-6-1 Rich Branch From source to Armstrong C;HQW 04/01/99 11-24-14-7 Creek Roaring Fork From source to Armstrong C;Tr,HQW 04/01/99 11-24-14-8 Creek Long Branch From source to Armstrong C;HQW 04/01/99 11-24-14-9 Creek Three Mile Creek From source to Armstrong C;HQW 04/01/99 11-24-14-10 Creek Buchanan Creek From source to Three Mile C;HQW 04/01/99 11-24-14-10-1 Creek Sycamore Branch From source to Three Mile C;HQW 04/01/99 11-24-14-10-2 Creek 5 -DIVISON OF WATER QUALITY 2B .0300 8 CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No. O'Dear Creek From source to Three Mile C;HQW 04/01/99 11-24-14-10-3 Creek Bartlett Creek From source to O'Dear Creek C;HQW 04/01/99 11-24-14-10-3-1 Caney Branch From source to Armstrong C;HQW 04/01/99 11-24-14-11 Creek Muddy Branch From source to Caney Branch C;HQW 04/01/99 11-24-14-11-1 Cox Creek From source to Armstrong C;HQW 04/01/99 11-24-14-12 Creek Rag Creek From source to Cox Creek C;HQW 04/01/99 11-24-14-12-1 Mace Branch From source to Rag Creek C;HQW 04/01/99 11-24-14-12-1-1 Hickory Bottom Branch From source to Armstrong C;HQW 04/01/99 11-24-14-13 Creek Armstrong Creek From Hickory Bottom Creek C;HQW 04/01/99 11-24-14-(13.5) to American Thread Company Water Supply Dam Armstrong Creek From American Thread C;Tr,HQW 04/01/99 11-24-14-(14) Company Water Supply Dam to North Fork Catawba River Limekiln Creek From source to North Fork C 09/01/74 11-24-15 Catawba River McGegers Branch From source to North Fork C 03/01/62 11-24-16 Catawba River Forsyth Creek From source to Lake James, C 09/01/74 11-25 Catawba River Bailey Creek From source to Lake James, C 03/01/62 11-26 Catawba River Bear Creek From source to Bailey Creek C 03/01/62 11-26-1 Dales Creek From source to Lake James, C 03/01/62 11-27 ` Catawba River V/ Paddy Creek From source to Lake James, C;Tr 04/01/99 11-28 Catawba River )` u �> Black Fork From source to Paddy Creek C;Tr 07/01/73 11-28-1 c✓g^=r? Yellow Fork From source to Paddy Creek C;Tr 07/01/73 11-28-2 f Linville River From source to Grandmother C;Tr 03/01/62 11-29-(1) Creek Little Grassy Creek From source to Linville C;Tr,ORW 08/01/00 11-29-2 River Big Grassy Creek From source to Linville C;Tr 07/01/73 11-29-3 River West Fork Linville River From source to Linville C;Tr 07/01/73 11-29-4 River Linville River From Grandmother.Creek to B;Tr 04/01/94 11-29-(4.5) Linville Falls Grandmother Creek (Lake From source to Dam at Lake B;Tr 07/01/73 11-29-5-(1) Kawahna (Linville Lake)] Kawahna 6 _. ��' Lei .-DIVISON OF WATER QUALITY 2B .0300 J CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No. Shooks Creek From source to Linville C;Tr 07/01/73 11-29-22 River Sandy Branch From source to Shooks Creek C;Tr 07/01/73 11-29-22-1 White Creek From source to Lake James, C 04/01/99 11-30 Catawba River CATAWBA RIVER (including From Bridgewater Dam WS-V 04/01/99 ll-(31) backwaters of Rhodhiss Lake (Linville Dam) to a point below elevation 995) 0.6 mile upstream of Muddy Creek CATAWBA RIVER (including From a point 0.6 mile WS-IV;Tr 05/01/07 11-(31.5) backwaters of Rhodhiss Lake upstream of Muddy Creek to below elevation 995) a point 1.2 mile upstream of Canoe Creek Muddy.Creek From source to a point 0.5 C 04/01/99 11-32-(0.5) mile upstream of mouth North Muddy Creek From source to Muddy Creek C 04/01/99 11-32-1 Hicks Branch From source to North Muddy C 09/01/74 11-32-1-1 Creek Goose Creek (Glade Creek) From source to North Muddy C 09/01/74 11-32-1-2 Creek West Fork Goose Creek From source to Goose Creek C 09/01/74 11-32-1-2-0.5 Stanfords Creek (Camp From source to Goose Creek C 09/01/74 11-32-1-2-1 Branch) Huntsville Creek From source to Stanfords C 09/01/74 11-32-1-2-1-1 Creek Bobs Creek From source to North Muddy C 09/01/74 11-32-1-3 Creek Youngs Fork (Coperning From source to North Muddy C 09/01/74 11-32-1-4 Creek) Creek Jacktown Creek From source to Youngs Fork C 09/01/74 11-32-1-4-1 Bledsoe Branch From source to North Muddy C 09/01/74 11-32-1-5 Creek Huckleberry Branch From source to North Muddy C 09/01/74 11-32-1-6 Creek White Branch From source to North Muddy C 09/01/74 11-32-1-7 Creek Caleb Branch From source to North Muddy C 09/01/74 11-32-1-8 Creek Big Camp Creek From source to North Muddy C 09/01/74 11-32-1-9 Creek Little Camp Creek From source to Big Camp C 09/01/74 11-32-1-9-1 Creek Walton Crawley Branch From source to North Muddy C 09/01/74 11-32-1-10 Creek Neighbors Branch From source to Walton C 09/01/74 11-32-1-10-1 Crawley Branch 8 DIVISON OF WATER QUALITY 2B .0300 d CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No. Nix Branch From source to Shadrick C 04/01/99 11-32-3-1-1 Creek Reedy Creek From source to Muddy Creek C 04/01/99 11-32-4 Paddy Creek From source to Muddy Creek C 04/01/99 11-32-5 Muddy Creek From a point 0.5 mile WS-IV 04/01/99 11-32-(6) upstream of mouth to Catawba River CATAWBA RIVER (including From a point 1.2 miles WS-V;Tr,CA 05/01/07 11-(32.3) backwaters of Rhodhiss Lake upstream of Canoe Creek to below elevation 995) a point 0.7 mile upstream of Canoe Creek (Morganton water supply intake) CATAWBA RIVER (including From a point 0.7 mile WS-IV 08/03/92 11-(32.7) backwaters of Rhodhiss Lake upstream of Canoe Creek to below elevation 995) a point 0.6 mile upstream of Warrior Fork Canoe Creek From source to Burke County C 03/01/62 11-33-(1) SR 1248 Canoe Creek From Burke County SR 1248 WS-IV 08/03/92 11-33-(2) to Catawba River Silver Creek From source to a point 1.3 C 03/01/62 11-34-(0.5) —'— miles downstream of Clear Creek Brindle Creek From source to Silver Creek C 03/01/62 11-34-1 Hall Creek From source to Silver Creek C 03/01/62 11-34-2 Lane Branch From source to Hall Creek C 03/01/62 11-34-2-1 Anderson Branch From source to Silver Creek C 03/01/62 11-34-3 Jack Branch From source to Silver Creek C 03/01/62 11-34-4 James Branch From source to Silver Creek C 03/01/62 11-34-5 Clear Creek, (State Hospital From source to Broughton C;HQW 08/03/92 11-34-6-(1) Reservoir) Hospital Water Intake Clear Creek From Broughton Hospital C 03/01/62 11-34-6-(2) Water Intake to Silver Creek Sutterwhite Creek From source to Clear Creek C 03/01/62 11-34-6-3 Shoal Creek From source to Broughton C;HQW 08/03/92 11-34-6-3-1-(1) Hospital Water Intake Shoal Creek From Broughton Hospital C 03/01/62 11-34-6-3-1-(2) Water Intake to Sutterwhite Creek Chestnut Flat Branch From source to Shoal Creek C;HQW 08/03/92 11-34-6-3-1-3 Double Branch From source to Clear Creek C 03/01/62 11-34-6-4 Silver Creek From a point 1.3 miles WS-IV 08/03/92 11-34-(6.5) downstream of Clear Creek to Catawba River Little Silver Creek From source to Burke County C 03/01/62 11-34-7-(1) SR 1150 10 DIVISON OF WATER QUALITY 2B .0300 d CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No. Reedys Fork Creek From source to Irish Creek WS-III 08/03/92 11-35-3-3 Back Creek From source to Irish Creek WS-III 08/03/92 11-35-3-4 Russell Creek From source to Irish Creek WS-III 08/03/92 11-35-3-5 Roses Creek (Tablerock From source to Irish Creek WS-III;Tr 08/03/92 11-35-3-6 Creek) Rich Cove Branch From source to Roses Creek WS-III;Tr 08/03/92 11-35-3-6-1 Simpson Creek From source to Roses Creek WS-III;Tr 08/03/92 11-35-3-6-2 Warrior Fork From a point 0.6 mile WS-III;CA 08/03/92 11-35-(3.3) upstream of City of Morganton water supply intake to City of Morganton water supply intake Warrior Fork From City of Morganton WS-IV;CA 08/03/92 11-35-(3.7) water supply intake to Rhodhiss Lake, Catawba River Wilson Creek From source to Warrior Fork WS-IV 08/03/92 11-35-4 Hunting Creek From source to a point 1.0 C 09/01/74 11-36-(0.3) mile upstream of Burke County SR 1940 Hunting Creek From a point 1.0 mile WS-IV 08/03/92 11-36-(0.7) upstream of Burke County SR 1940 to a point 0.4 mile downstream of Pee Dee Branch East Prong Hunting Creek From source to Hunting Creek WS-IV 08/03/92 11-36-1 Fiddlers Run From source to East Prong WS-IV 08/03/92 11-36-1-1 Hunting Creek Pee Dee Branch From source to Hunting Creek WS-IV 08/03/92 11-36-2 Hunting Creek From a point 0.4 mile WS-IV;CA 08/03/92 11-36-(3) downstream of Pee Dee Branch to Rhodhiss Lake, Catawba River CATAWBA RIVER (Rhodhiss From Johns River to WS-IV,B;CA 08/03/92 11-(37) Lake below elevation 995) Rhodhiss Dam Johns River From source to Gragg Prong C;Tr 03/01/62 11-38-(1) _.._ (previously called Anthony Creek) `�� t-•-",� �,' Honey Branch From source to Johns River C 03/01/62 11-38-2 Wildcat Branch From source to Johns River C 03/01/62 11-38-3 Anthony Bolick Branch From source to Johns River C;Tr 07/01/73 11-38-4 (Anthony Creek) Thunderhole Branch From source to Johns River C 03/01/62 11-38-5 China Creek From source to Thunderhole C;Tr 07/01/73 11-38-5-1 Branch Long Branch From source to China Creek C 03/01/62 11-38-5-1-1 New Years Creek From source to Thunderhole C;Tr 07/01/73 11-36-5-2 Creek 12 DIVISON OF WATER QUALITY 2B .0300 CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No. Phillips Creek From source to Thunderhole C 03/01/62 11-38-5-3 Creek Curtis Creek From source to Thunderhole C;Tr 07/01/73 11-38-5-4 Creek Persimmon Branch From source to Curtis Creek C 03/01/62 11-38-5-4-1 Gibbert Branch From source to Johns River C;Tr 07/01/73 11-38-6 Stein Branch From source to Johns River C;Tr 07/01/73 11-38-7 Crooked Branch From source to Johns River C 03/01/62 11-38-8 orchard Branch (Long Branch) From source to Crooked Creek C 03/01/62 11-38-8-1 Johns River From Gragg Prong to Reids B 07/01/73 11-38-(9) Creek Gragg Prong From source to Johns River C;Tr 03/01/62 11-38-10 Racket Creek From source to Gragg Prong C;Tr 03/01/62 11-38-10-1 Dixon Creek From source to Racket Creek C 03/01/62 11-38-10-1-1 Green Mountain Creek From source to Dixon Creek C 03/01/62 11-38-10-1-1-1 White Spring Branch From source to Racket Creek C 03/01/62 11-38-10-1-2 Ballew Creek (Bellows Creek) From source to Racket Creek C 03/01/62 11-38-10-1-3 Dare Coffee Branch From source to Racket Creek C 03/01/62 11-38-10-1-4 Tough Hill Branch From source to Gragg Prong C 03/01/62 11-38-10-2 Anthony Creek From source to Gragg Prong C;Tr 03/01/62 11-38-10-3 Big Branch From source to Anthony Creek C;Tr 03/01/62 11-38-10-3-1 Woodruff Branch From source to Anthony Creek C;Tr 03/01/62 11-38-10-3-2 Cooper Branch From source to Johns River B 03/01/62 11-38-11 Walnut Bottom Creek From source to Johns River B 03/01/62 11-38-12 Dyson Creek From source to Johns River B 03/01/62 11-38-13 Shop Branch From source to Johns River B 03/01/62 11-38-14 Globe Mountain Branch From source to Johns River B 03/01/62 11-38-15 Burntfield Branch From source to Johns River B 03/01/62 11-38-16 Coldwater Creek (Cold A. From source to Johns River B;Tr 07/01/73 11-38-17 Creek) Pinchgut Creek From source to Johns River B 03/01/62 11-38-18 Cline Creek From source to Johns River B 03/01/62 11-38-19 McLean Branch From source to Johns River B 03/01/62 11-38-20 Lick Branch From source to Johns River B 03/01/62 11-38-21 House Branch From source to Johns River B 07/01/73 11-38-23 Hopewell Branch From source to Johns River B 07/01/73 11-38-24 Simmons Branch From source to Johns River B 07/01/73 11-38-25 Larkin Estes Mill Creek From source to Johns River S 07/01/73 11-38-26 (Penley Branch) Elijah Estes Mill Creek From source to Johns River B 07/01/73 11-38-27 Eliza Estes Mill Creek From source to Elijah Estes B 07/01/73 11-38-27-1 Mill Creek Johns River From Reids Creek to Wilson C 03/01/62 11-38-(28) Creek gp Reids Creek From source to Johns River C 03/01/62 11-38-29 Sally Creek From source to Reids Creek C 03/01/62 11-38-29-1 Crawley Branch From source to Johns River C 03/01/62 11-38-30 Franklin Branch From source to Johns River C 03/01/62 11-38-31 t. 13 DIVISON OF WATER QUALITY 2B .0300 CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No. Benbo Branch From source to Franklin C 03/01/62 11-38-31-1 �— Creek Mulberry Creek From source to Boone Fork C;Tr,HQW 08/01/90 11-38-32-(1) Left Fork Mulberry Creek From source to Mulberry C;Tr,HQW 08/01/90 11-38-32-2 Creek Right Fork Mulberry Creek From source to Mulberry C;Tr,HQW 08/01/90 11-38-32-3 Creek Amos Creek From source to Mulberry C;HQW 08/01/90 11-38-32-4 Creek Bills Branch From source to Amos Creek C;HQW O8/01/90 11-38-32-4-1 Mills Creek From source to Mulberry C;HQW O8/01/90 11-38-32-5 Creek Friddle Creek From source to Mills Creek C;HQW O8/01/90 11-38-32-5-1 Cane Branch From source to Mulberry C;HQW 08/01/90 11-38-32-6 Creek Rush Branch From source to Mulberry C;HQW 08/01/90 11-38-32-7 Creek. Roaring Creek From source to Mulberry CpTr,HQW 08/01/90 11-38-32-8 Creek Frankum Creek From source to Mulberry C;HQW 08/01/90 11-38-32-9 Creek Georges Creek From source to Frankum Creek C;HQW 08/01/90 11-38-32-9-1 Clark Branch From source to Mulberry C;Tr,HQW O8/01/90 11-38-32-10 Creek Mulberry Creek From Boone Branch to Dam at B;HQW O8/01/90 11-38-32-(11) Mulberry Beach Boone Branch (Fork) From source to Mulberry B;HQW 08/01/90 11-38-32-12 Creek Laurel Fork From source to Boone Branch B;HQW 08/01/90 11-38-32-12-1 Brown Branch From source to Mulberry B;HQW 08/01/90 11-38-32-13 Creek Moore Branch From source to Mulberry B;HQW O8/01/90 11-38-32-14 Creek Mulberry Creek From Dam at Mulberry Beach C 03/01/'62 11-38-32-(15) to Johns River Anderson Creek From source to Mulberry C;HQW O8/01/90 11-38-32-16 Creek _ Little Mulberry Creek From source to Mulberry C 03/01/62 11-38-32-17 Creek Stapps Branch From source to Little C 03/O1/62 11-38-32-17-1 Mulberry Creek Loving Branch From source to Little C 03/01/62 11-38-32-17-2 Mulberry Creek Mitchell Branch From source to Little C 03/01/62 11-38-32-17-3 Mulberry Creek 14 - _ - _ j_ J ,_ \��; _, - DIVISON OF WATER QUALITY 2B .0300 CATAWBA RIVER BASIN Class _flame of Stream Description Class Date Index No. Spencer Branch From source to Little C 03/01/62 11-38-32-17-4 Mulberry Creek Little Mulberry Creek From source to Mulberry C 03/01/62 11-38-32-18 Creek Coffey Creek From source to Mulberry C 03/01/62 11-38-32-19 Creek Guys Creek From source to Johns River C 03/01/62 11-38-33 - , i son Creek From source to Johns River B;Tr,ORW 03/01/89 11-38-34 Linn Cove Branch From source to Wilson Creek B;Tr,ORW 03/01/69 11-38-34-2 Little Wilson Creek (Burnt From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-3 Timber Branch) Bee Branch From source to Wilson Creek B;Tr,ORW 03/01/89 11-38-34-4 Stack Rock Creek (Gabes From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-5 Mountain Branch) Andrews Creek From source to Stack Rock B;Tr,ORW 03/01/89 11-38-34-5-1 Creek Cary Flat Branch (Coffey From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-6 Trout Lake) Bucks Timber Creek From source to Cary Flat C;Tr,ORW 03/01/89 11-38-34-6-1 Branch Flat Land Branch From source to Cary Flat C;Tr,ORW 03/01/89 11-38-34-6-2 Branch Little Laurel Creek From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-7 Turkey Branch (Turke Branch) From source to Little C;Tr,ORW 03/01/89 11-38-34-7-1 Laurel Creek Laurel Mountain Branch From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-8 Crusher Branch From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-9 Laurel Creek From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-10 Poplar Spring Branch From source to Laurel Creek C;Tr,ORW 03/01/89 11-38-34-10-1 Lost Cove Creek From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-11 Sassafras Creek From source to Lost Cove C;Tr,ORW 03/01/89 11-38-34-11-1 Creek Little Lost Cove Creek From source to Lost Cove C;Tr,ORW 03/01/89 11-38-34-11-2 Creek Gragg Prong From source to Lost Cove C;Tr,ORW 03/01/89 11-38-34-11-3 Creek Ling Branch From source to Gragg Prong C;Tr,ORW 03/01/89 11-38-34-11-3-1 Major Branch From source to Gragg Prong C;Tr,ORW 03/01/89 11-38-34-11-3-2 Webb Creek From source to Gragg Prong C;Tr,ORW 03/01/89 11-38-34-11-3-3 Webb Prong From source to Webb Creek C;Tr,ORW 03/01/89 11-38-34-11-3-3-1 Fork Timber Branch From source to Gragg Prong C;Tr,ORW 03/01/89 11-38-34-11-3-4 Marks Mountain Branch From source to Gragg Prong C;Tr,ORW 03/01/89 11-36-34-11-3-5 Rockhouse Branch From source to Gragg Prong C;Tr,ORW 03/01/89 11-38-34-11-3-6 Still Branch From source to Gragg Prong C;Tr,ORW 03/01/89 11-38-34-11-3-7 Rockhouse Creek From source to Lost Cove C;Tr,ORW 03/01/89 11-38-34-11-4 Creek 15 DIVISON OF WATER QUALITY 2B .0300 CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No. Big Cove Branch From source to Rockhouse C;Tr,ORW 03/01/89 11-38-34-11-4-1 Creek Maple Tree Branch From source to Rockhouse C;Tr,ORW 03/01/89 11-38-34-11-4-2 Creek Sandy Branch From source to Rockhouse C;Tr,ORW 03/01/89 11-38-34-11-4-3 Creek Hughs Ridge Branch From source to Rockhouse C;Tr,ORW 03/01/89 11-38-34-11-4-4 . Creek Estes Mill Creek From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-12 Thorps Creek From source to Estes Mill C;Tr,ORW 03/01/89 11-38-34-12-1 Creek Harper Creek From source to Wilson Creek C;Tr,ORW 03/O1/89 11-38-34-14 Hull Branch From source to Harper Creek C;Tr,ORW 03/01/89 11-38-34-14-1 North Harper Creek From source to Harper Creek C;Tr,ORW 03/Ol/89 11-38-34-14-2 Chestnut Cove Branch From source to North Harper C;Tr,ORW 03/01/89 11-38-34-14-2-1 Creek Hollander Branch From source to North Harper C;Tr,ORW 03/01/89 11-38-34-14-2-2 Creek Raider Camp Creek From source to Harper Creek C;Tr,ORW 03/01/89 11-38-34-14-3 Phillips Branch From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-15 Craig Creek From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-16 Horsepen Creek From source to Craig Creek C;Tr,ORW 03/01/89 11-38-34-16-1 Bee Creek From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-17 Carroll Mill Creek From source to Wilson Creek C;Tr,ORW 03/01/89 11-38-34-18 Johns River From Wilson Creek to a C;HQW 08/01/90 11-38-(34.5) point 0.5 mile upstream of Sims Branch , Parks Creek From source to Johns River C 03/01/62 11-38-35 Carroll Creek From source to Parks Creek C;Tr 07/01/73 11-38-35-1 PearcevL..Creek 03/01/62 11-38-35-2 From source to Parks Creek C Johns River From a point 0.5 mile WS-IV;HQW 08/03/92 11-38 (35.5) upstream of Sims Branch to a point 0.7 mile downstream of N.C. Hwy. 18 Sims Branch From source to a point 0.4 C 03/01/62 11-36-36-(1) mile upstream of mouth Sims Branch From a point 0.4 mile WS-IV 08/03/92 11-38-36-(2) upstream of mouth to Johns River Johns River From a point 0.7 mile WS-IV;HQW,CA 08/03/92 11-38-(36.5) downstream of N.C. Hwy. 18 to Rhodhiss Lake, Catawba River Lower Creek From source to to Caldwell C 09/01/74 11-39-(0,5) County SR 1143 Zacks Fork Creek From source to Lower Creek C 08/03/92 11-39-1 Town Creek From source to Lower Creek C 09/01/74 11-3.9-2 16 __ \.��' �_� i � _ __ Michael F.Easley,Governor William G.Ross Jr.,Secretary <; North Carolina Department of Environment and Natural Resources h Coleen H.Sullins,Director —i Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 11, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4724 Marvin Holland Town of Burnsville PO Box 97 Burnsville NC 28714 Subject: NOTICE OF VIOLATION NOV-2007-LV-0349 Permit No. NCO020290 Burnsville WWTP Yancey County Dear Mr Holland: A review of Burnsville WWTP's monitoring report for March 2007 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Lead, Total (as Pb) 03/13/07 34 ug/I 50 ug/l Daily Maximum Exceeded Lead, Total (as Pb) 03/20/07 34 ug/I 60 ug/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR did not provide an adequate explanation for the subject violation, it is requested that a response be submitted to the attention of Mr. Keith Haynes, of this Office, within 30 days of receipt of this Notice. NorthCarolina ,Natutall� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623- 6748 The Division of water Quality may pursue enforcement actions for this and any additional vie\ If the violations are of a continuing nature, not related to operation and/or maintenance problem.,, you anticipate remedial construction activities,them you may which to consider applying for a Spe,, Order by Consent. You may contact Mr. Haynes for additional information. If you should have any questions, please do not hesitate to contact Mr. Haynes or me at 828/296- 4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files NPDES Unit PERCS Unit ARO A Michael F. Easley, Governor QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources YColeen H. Sullins, Director Division of Water Quality Asheville July 11, 2007 Mr. Lee Smith, Director Water& Sewer Department City of Hendersonville Post Office Box 1670 Hendersonville, North Carolina 28793 Subject: Permit No. WQ0031922 City of Hendersonville Wolfchase, Phase 1 & 2 Wastewater Collection System Extension Henderson County Dear Mr. Smith: In accordance with your application received on June 22, 2007, we are forwarding herewith Permit No. WQ0031922 dated July 11, 2007, to the City of Hendersonville for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis or Don Price a copy of the contractors' " notice to proceed"for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 One DENR Customer Service Center Telephone 1 800 623-7748 NorthCarolliin/a An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Naturally City of Hendersonville July 11, 2007 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North \\\ Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Hendersonville for the construction and operation of approximately 3,650 linear feet of 8-inch diameter gravity sewer and the discharge of 29,880 gallons per day of additional wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received on June 22, 2007 in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely,�e ............. -' • Z�ZVMA A for Coleen H. Sullins, Director Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025534) William G. Lapsley, PE PERCS Files - NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF HENDERSONVILLE WOLFCHASE, PHASE 1 &2 HENDERSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0031922 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No. WQ0031922. City of Hendersonville. Wofthase. Phase 1 &2. Henderson Co.. July 11, 2007' 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 WQ0031922. City of Hendersonville, Wolfchase Phase 1 & 2 Henderson Co July 11 2007 or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 11`h day of July, 2007 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Col en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0031922 3 j._WQ0031922. City of Hendersonville Wolfcha e Phase 1 &2 Henderson Co July 11 2007 ,JGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 3,650 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ....................................................................._..... ........... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. �-� 1 �� / `� ��' ,A �� Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources P Coleen H.Sullins,Director Division of Water Quality July 11, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8402 Mr. Robert Boyette, City Manager City of Marion Post Office Drawer 700 Marion,North Carolina 28752 Subject: NOTICE OF VIOLATION Permit No. WQCS00075 City of Marion Marion Collection System McDowell County Dear Mr Boyette: A review has been conducted of the City of Marion's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the City of Marion's Collection System Permit (WQCS00075) and/or G.S. 143-215.1(a)(1). The violations are summarized below: NOV# Violation Location Cause Volume Date NOV-2007-DV-0092 06/22/2007 1150 East Court Street Grease 3,340 gal The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to these incidents. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Please note that due to the continued high numbers of SSOs in North Carolina the Division has implemented a new SSO enforcement policy that became effective on May 15, 2007. Between May 15, 2007, and June 1, 2007 the Division of Water Quality contacted collection system operators to inform them of this policy. NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Xaturally Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 Robert Boyette July 11, 2007 Page 2 Beginning June 1, 2007 and lasting through December 1, 2007 any reportable SSO will result in the issuance of a Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be assessed for SSOs based on volume, volume reaching surface waters, duration, gravity, impacts to public health, fish kills, or recreation area closures. Other factors considered in determining the amount of the civil penalty are the violator's spill history, the cost of rectifying the damage,whether the spill was intentional and whether money was saved by non-compliance. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit ' Steve Basney, CSORC, City of Marion Roy Davis NortKarolina Aafurallw r � Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director - Division of Water Quality July 11, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8419 Mr. John Lewis, Town Manager Town of Spindale Post Office Box 186 Spindale, North Carolina 28160 Subject: NOTICE OF VIOLATION Permit No. WQCS00053 Town of Spindale Spindale Collection System Rutherford County Dear Mr Lewis: A review has been conducted of the Town of Spindale's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Reports. This review has shown the subject facility to be in violation of the requirements found in the Town of Spindale's Collection System Permit (WQCS00053) and/or G.S. 143-215.1(a)(1). The violations are summarized below: NOV# Violation Location Cause Volume Date NOV-2007-DV-0093 06/25/2007 Reservation Drive Debris 1,000-2,000 gallons The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to these incidents. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Please note that due to the continued high numbers of SSOs in North Carolina the Division has implemented a new SSO enforcement policy that became effective on May 15, 2007. Between May 15, 2007, and June 1, 2007 the Division of Water Quality contacted collection system operators to inform them of this policy. Beginning June 1, 2007 and lasting through December 1, 2007 any reportable SSO will result in the issuance of a Notice of Violation (NOV). No�lrthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Naturally Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 John Lewis July 11, 2007 Pago, A Beginning on December 1, 2007 civil penalties will be assessed for SSOs based on volume, volume reaching surface waters, duration, gravity, impacts to public health, fish kills, or recreation area closures. Other factors considered in determining the amount of the civil penalty are the violator's spill history, the cost of rectifying the damage,whether the spill was intentional and whether money was saved by non-compliance. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards,Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Mike Brooks, Town of Spindale Roy Davis NorthCaroh,. �6ltllCll��l� 7 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins;Director Division of Water Quality July 11, 2007 CERTIFIED MAIL #7006 3450 0002 7046 8105 RETURN RECEIPT REQUESTED Ted Darrell Inman 2310 Lake Logan Road Canton, NC 28716 Subject: Requested Information Regarding Agency Authority Inman Violation West Fork Pigeon River Haywood County Dear Mr. Inman: As a follow up to our phone conversation, the following is provided as information with respect to Statutory and Administrative Code Authority in regards to the Violation cited at your property: 15A NCAC 02B ,0211 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS C WATERS (1) Best Usage of Waters: aquatic life propagation and maintenance of biological integrity (including fishing and fish), wildlife, secondary recreation, agriculture and any other usage except for primary recreation or as a source of water supply for drinking, culinary or food processing purposes; History Note.Authority G.S. 143-214.1; 143-215.3(a)(1); S�CT�O1��05�0,`�W�TE1�QUALITY��RT�FICA7C�01 15A NCAC 02H.0501 PURPOSE (b) � � � snid � � f1httfi atxr d�sc� aatabd � G � � The federal definition of navigable waters includes wetlands as defined at 33 CFR 328.3 and 40 CFR 230.3. (c) Certifications may be issued for individual activities (individual certifications) or issued for specific types or groups of activities (general certifications): History Note Authority G.S. 143-215.3(a)(1); 143-215.3(c); 143B-282(1)(u); NoirthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Inman Follow-up Page 2. Should you have any questions regarding these matters, please contact me at 828-296-4657. Sincerely, Kevin H. Barnett,Environmental Chemist Surface Water Protection Section Division of Water Quality cc: Danny Smith—NPS Assistance and Compliance Oversight Unit RO File Copy DWQ Central Files Janet Boyer, NC Division of Land Resources, Asheville Regional Office U.S. Army Corps of Engineers, Asheville Regulatory Field Office David McHenry, NC Wildlife Resources Commission US Fish and Wildlife, Asheville Office Becky Fox, US EPA 1 - 6 3 } s 11 a V i .y R J� r 7` a t g LA L ml go, q i p s a w 61 Ee _ Yf ki . . a � 5 # ,� �� �, �\ ��. ``t% �. i __ __ __ : # g �I� t gap R 3i i�� Fti ' PkgB ' fr g E3 # F plA, p scj I ME MILr " ..� �'� `,, �� �\ �~ �_.. i� 7 r r ..�,� a �- a Y i, ,R O34 w u , ck 3 '<��' '%• AN s ! r a I - ����� t ¢ r a C I' Myrz y{ra4INM �;� a .d' r.. A M, 3 3, Rf x_ I I i ik t 4 • s z _A + zs a ,� ,, ,� ,\ "�:Jy i 5 Ac x= t f 7 df PLO MA 25 } g , � 1 i rt s: k L' L 5 - Ar{- jYt�y rye' n5 �s � �r �... \� \\\ �\ /� � I/........... 1�` VA Michael F. Easley, Governor . Q William G. Ross Jr., Secretary 1 p North Carolina Department of Environment and Natural Resources f �r- >_ Coleen H. Sullins, Director ` < Division of Water Quality Asheville Regional Office July 11, 2007 Mr. John K. Jonas, President Four Jays Development, Inc. 37 Challedon Drive Candler, North Carolina 28715 Subject: Permit No. WQ0031925 Four Jays Development, Inc. North Bear Creek Commons Wastewater Collection System Extension Buncombe County Dear Mr. Jonas: In accordance with your application received on June 28, 2007 we are forwarding herewith Permit'No. WQ0031925, dated July 11, 2007 to Four Jays Development, Inc. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis or Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 One NorthCarolina DENR Customer Service Center Telephone 1 800 623-7748 Naturallt, An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Four Jays Development, Inc. July 11, 2007 Page`, In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Four Jays Development, Inc. for the construction and operation of approximately 168 linear feet of 6-inch diameter gravity sewer to serve a residential subdivision and the discharge of 2,000 gallons per day of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe County's (MSD) existing sewerage system, pursuant to the application received on June 28, 2007 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the MSD's Wastewater Treatment Facility (Permit No. NCO024911) prior to being discharged into the receiving stream. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, _ e• ,4 ,Z for Coleen H. Sullins, Director Division of Water Quality cc: Buncombe County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NCO024911) George W. Jensen, PE MSD Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FOUR JAYS DEVELOPMENT, INC. NORTH BEAR CREEK COMMONS BUNCOMBE COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0031925 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 26 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No. WQ0031925. Four Jays Development, Inc.. North Bear Creek Commons, Buncombe Co.. July 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection, facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 16.17 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life ' of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 ....._............. . .. ........ ...... WQ0031925 Four Jos Development Inc North Bear Creek Commons Buncombe Co July 11 2007 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 11th day of July, 2007 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ,e�LA for Co en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0031925 3 Permit No WQ0031925 Four Jays Development Inc North Bear Creek Commons Buncombe Co July ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 168 linear feet.of 6-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the ' observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: .................................................................................................... . SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .............................................................. ...................................: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F. Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins.Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 12, 2007 Mr. Robert Frye, Town Manager Town of Sawmills 4076 US Hwy 321-A Granite Falls, North Carolina 28630 SUBJECT: Compliance Evaluation Inspection Town of Sawmills Wastewater Collection System Permit No: WQCS00318 Caldwell County Dear Mr. Frye: Enclosed please find the Compliance Evaluation Inspection report resulting from my July 10, 2007 inspection of the Town of Sawmills' sewage collection system operation - and maintenance program. The Town of Sawmills is doing a good job of operating and maintaining its collection system. The Town has corrected deficiencies observed during my inspection last year. Files were in good order and the Town now has an excellent collection system map. Please tell everyone involved that I appreciate their effort. I discussed with Don Turnmire the need to modify pump station logs to indicate (1) inspection and lubrication of pumps, (2) wet well cleaning, (3) exercising of valves, and (4) inspection of highwater alarm systems.Thanks again for the Town's cooperation. Anyone having the need to discuss this inspection should call me at 828-296-4659. Sincerely, Roy M. Davis Environmental Engineer Enclosure cc: Don Turnmire, CSORC, Town of Sawmills PERCS Unit Asheville Files N"orthCarolina aturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 / '\ �` %�._ i...,�/ Compliance Inspection Report dt: WQCS00318 Effective: 06/30/05 Expiration: 05/31/10 Owner: Town of Sawmills SOC: Effective: Expiration: Facility: Sawmills Collection System County: Caldwell Region: Asheville Contact Person: Robert Frye Title: Town Manager Phone: 828-396-7903 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: WQCS00035 City of Lenoir-Lenoir Collection System Inspection Date: 07/10/2007 Entry Time: 09:15 AM Exit Time: 11:30 AM Primary Inspector: Roy M Davis Phone: 828-296-4500 Secondary Inspector(s): Ext.4659 Reason for Inspection: Routine Inspection Type: Compliance Evaluation 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:WQCS00318 Owner-Facility: Town of Sawmills Inspection Date: 07/10/2007 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: The Town of Sawmills is doing a good job of meeting the requirements of the Town's Collection System Permit. Additionally, the Town's collection system is being well operated and maintained. I did ask Don Turnmire to modify the Town's pump station inspection logs by the addition, to the back of the page, of a place to indicate (1)pump inspection and lubrication, (2)wet well cleaning, (3)the exercising of valves, and (4)inspcetion of the high water alarm system. Page: 2 Permit:WQCS00318 Owner-Facility: Town of Sawmills ,section Date: 07/10/2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine Aormance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ n ❑ n What educational tools are used? Informational items in Town newsletter. Is Sewer Use Ordinance/Legal Authority available? ■ n n n Does it appear that the Sewer Use Ordinance is enforced? ■ ❑ n Is Grease Trap Ordinance available? ■ ❑ n n Is Septic Tank Ordinance available(as applicable, i.e.annexation) ❑ n n ■ List enforcement actions by permittee, if any, in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ n n n Does CIP address short term needs and long term\"master plan\"concepts? ■ n ❑ 11 Does CIP cover three to five year period? ■ n ❑ n Does CIP include Goal Statement? ■ n n ❑ Does CIP include description of project area? ■ n n n Does CIP include description of existing facilities? ■ n n n Does CIP include known deficiencies? ■ n n n Does CIP include forecasted future needs? ■ n n n Is CIP designated only for wastewater collection and treatment? ■ n n n Approximate capital improvement budget for collection system? $00.00 Total annual revenue for wastewater collection and treatment? $99,610.00 CIP Comments Excellent CIP Is system free of known points of bypass? ■ n n n If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ n n n #Does the sign include: Instructions for notification? ■ n n n Pump station identifier? ® n n n 24-hour contact numbers ® ❑ n If no, list deficient pump stations NA Page: 3 Permit:WQCS00318 Owner-Facility: Town of Sawmills Inspection Date: 07/10/2007 Inspection Type:Compliance Evaluation Reason for Visit: Routine #Do ALL pump stations have an"auto polling"feature/SCADA? n ■ n n Number of pump stations 3 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 3 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? Cl ■ n n #If yes,date implemented? Describe: NA Comment: NA Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n n n Are records available that document pump station inspections? n n n Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ n n n Are non-SCADA/telemetry equipped pump stations inspected every day? n n ■ n Are records available that document citizen complaints? ■ n n n #Do you have a system to conduct an annual observation of entire system? ■ n n n #Has there been an observation of remote areas in the last year? ■ n n n Are records available that document inspections of high-priority lines? ■ n n n Has there been visual inspections of high-priority lines in last six months? ■ n n n Comment: The Town of Sawmills maintaines excellent records. Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ n n n Does supervisor review all log books on a regular basis? ■ n n n Does the supervisor have plans to address documented short-term problem areas? n n ■ n What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas?. As needed. 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? Weekly(standby emergency generators) Page: 4 Permit:WQCS00318 Owner Facility: Town of Sawmills aection Date: 07/10/2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine Jo pump station logs include: Inside and outside cleaning and debris removal? n ■ n n Inspecting and exercising all valves? n ■ n n Inspecting and lubricating pumps and other equipment? n ■ n n Inspecting alarms,telemetry and auxiliary equipment? n ■ n n Is there at least one spare pump for each pump station w/o pump reliability? n n ■ n Are maintenance records for right-of-ways available? ■ n n In Are right-of-ways currently accessible in the event of an emergency? ■ n ❑ Are system cleaning records available? ■ Has at least 10%of system been cleaned annually? ■ ❑ n In What areas are scheduled for cleaning in the next 12 months? System wide. Is a Spill Response Action Plan available? ■ 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 n In Access to construction crews, contractors,and/or engineers ■ o 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? ■ n n n Is the spare parts inventory adequate? ■ n n n Comment: The Town of Sawmills has an excellent Spill Response Action Plan. Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? n n ■ n Are records of SSOs that are under the reportable threshold available? n n ■ n Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n n ■ n If yes,is there a corrective action plan? n n ■ n - Is a map of the system available? ■ n n n Page: 5 - --- --- -- - =- --- � —_ ---- - - Permit:WQCS00318 Owner-Facility: Town of Sawmills Inspection Date: 07/10/2007 Inspection Type:Compliance Evaluation Reason for Visit: Routine Does the map include: Pipe sizes ■ n n n Pipe materials ■ n n n Pipe location ■ n n n Flow direction ■ n n n Approximate pipe age ■ n n n Number of service taps ■ n n n Pump stations and capacity ■ n In n If no,what percent is complete? 100 List any modifications and extensions that need to be added to the map Excellent map #Does the permittee have a copy of their permit? ■ n n n Comment: NA 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. 143-215.1 C? n n In ■ #Is permittee compliant with all compliance schedules in the permits? ■ n n n If no,which one(s)? NA Comment: BERT HUFFMAN DRIVE -4636 Bert Huffman Drive 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 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 n Page: 6 Permit:WQCS00318 Owner-Facility: Town of Sawmills ,pection Date: 07/10/2007 Inspection Type: Compliance Evaluation Reason for Visit:Routine Are floats/controls for pumps/alarms operable? ■ ❑ n n Is"auto polling"feature/SCADA present? n n ■ Is"auto polling"feature/SCADA operational? ❑ n ■ n Is simple telemetry present? ■ n n n Is simple telemetry operational? ■ n n n Are audio and visual alarms present? ■ n ❑ n Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ■ 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 ❑ 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 runtimes comparable for multiple pumps? Yes Comment: Pump station is well operated and maintained. SAW MILL SCHOOL -4430 Saw Mills School Road Pump Station Yes No NA NE Page: 7 Permit:WQCS00318 Owner-Facility: Town of Sawmills Inspection Date: 07/10/2007 Inspection Type: Compliance Evaluation Reason for Visit:Routine Pump station type Duplex Are pump station logs available? ■ n n n Is it accessible in all weather conditions? ■ ❑ ❑ n #Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ n ❑ n Are all pumps operable? ■ ❑ ❑ ❑ Are wet wells free of excessive debris? ■ n n In Are upstream manholes free of excessive debris/signs of overflow? ■ n n n Are floats/controls for pumps/alarms operable? ■ In n ❑ Is"auto polling"feature/SCADA present? 171 n ■ n Is"auto polling"feature/SCADA operational? ❑ n ■ n Is simple telemetry present? ■ n n n Is simple telemetry operational? ■ n n In Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n In 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? In n n ■ Are air relief valves operable? ❑ n ❑ ■ # Is an emergency generator available? ■ n o 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 Page: 8 Permit:WQCS00318 Owner-Facility: Town of Sawmills spection Date: 07/10/2007 Inspection Type:Compliance Evaluation Reason for Visit:Routine 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: Station is well operated and maintained. Page: 9 A Michael F.Easley,Governor William G.Ross Jr.,Secretary 7 North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director �� - Division of Water Quality 6� SURFACE WATER PROTECTION July 12, 2007 Mr. Mark Brooks Brooks & Medlock 17 Arlington Street Asheville, NC 28801 Subject: Engineer's Certification Milton Roger's Residence Permit NCG551276 Buncombe County Dear Mr. Brooks: This Office is in receipt of your letter dated June 19, 2007 concerning the recently completed single-family residence wastewater treatment system for the subject site. Please be advised that a letter explaining completion of a project is not adequate. Attached is a copy of the engineer's certification, which is required to be submitted upon completion of an engineered project. Please complete the certification and submit it to this Office by August 15, 2007. Your prompt attention to this matter is greatly appreciated. If you have any questions, please do not hesitate to contact me or other staff of the Surface Water Protection section of this Office, at 296-4500. Sincerely, D. Keith Hayne Environmental Specialist cc: NPDES Unit ARO NorthCarolina �lttGfCll��l,� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper r Michael F. Easley, Governor William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director F Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 12, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8365 Ms. Linda Issacs McDowell Assisted Living LLC PO Box 909 Marion, NC 28752 Subject: NOTICE OF VIOLATION NOV-2007-LV-0390 Permit number NCO075353 McDowell Assisted Living WWTP McDowell County Dear Ms. Issacs: A review of McDowell Assisted Living WWTP's monitoring report for February 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Total Suspended Solids 02/06/07 45 mg/I 49.6 mg/I Daily Maximum Exceeded NorthCarohna �6ltlfC6l��l,J North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, NC 28778 Phone (828)296-4500 Internet: www,ncwaterguality.org Customer Service 1-877-623-6748 FAX(828)299-7043 Ms. Linda Issacs McDowell Assisted Living LLC Page 2 of 2 \ July 12, 2007 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report(DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828- 296-4500 extension 4656. Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, v C. Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement DWQ Central Files Asheville Regional Office facility files James & James Environmental Management i Michael F. Easley, Governor Q William G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources P �~ Coleen H.Sullins, Director --1 J Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 12, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8358 Mr. Aubrey L. Deaver A&D Water Service Inca PO Box 1407 Pisgah Forest, NC 287681407 Subject: NOTICE OF VIOLATION NOV-2007-LV-0389 Permit number NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Dear Mr. Deaver: A review of Sapphire Lakes Plant WWTP #1's monitoring report for February 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform 02/27/07 400 600 Daily Maximum Membrane filter, colonies per colonies per Exceeded M-FC Broth @ 44.5 100 ml 100 ml degrees Celcius NorthCarohna �aturallr� North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, NC 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 FAX(828)299-7043 Mr. Aubrey L. Deaver Sapphire Lakes Plant WWTP #1 Page 2 of 2 July 12, 2007 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report(DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828- 296-4500 extension 4656. Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement DWQ Central Files Asheville Regional Office facility files 1� Michael F.Easley,Governor �Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources owa1� Coleen H.Sullins,Director _ Division of Water Quality © "C wv%� July 12, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8396 Mr. Lee Smith, Utilities Director City of Hendersonville Post Office Box 1670 Hendersonville,North Carolina 28793-1670 Subject: NOTICE OF VIOLATION Permit No. WQCS00070 City of Hendersonville Hendersonville Collection System Henderson County Dear Mr Smith: A review has been conducted of the City of Hendersonville Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the City of Hendersonville's Collection System Permit (WQCS00070) and/or G.S. 143-215.1(a)(1). The violations are summarized below: NOV# Violation Location Cause Volume Date NOV-2007-DV-0096 06/04/2007 Kenmure Pump Station Broken 300 gal Fitting The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to these incidents. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Please note that due to the continued high numbers of SSOs in North Carolina the Division has implemented a new SSO enforcement policy that became effective on May 15, 2007. Between May 15, 2007, and June 1, 2007 the Division of Water Quality contacted collection system operators to inform them of this policy. NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Naturally Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 i Lee Smith July 12, 2007 Page 2 Beginning June 1, 2007 and lasting through December 1, 2007 any reportable SSO will result in the issuance of a Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be assessed for SSOs based on volume, volume reaching surface waters, duration, gravity, impacts to public health, fish kills, or recreation area closures. Other factors considered in determining the amount of the civil penalty are the violator's spill history, the cost of rectifying the damage,whether the spill was intentional and whether money was saved by non-compliance. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit 1 Dennis Frady, City of Hendersonville Roy Davis N `r hCarohna Natura!!r1 r� Michael F.Easley,Governor n7 William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director -� Division of Water Quality July 12, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8389 Mr. Mel S. Cohen, Mayor City of Morganton Post Office Box 3448 Morganton,North Carolina 28680-3448 Subject: NOTICE OF VIOLATION Permit No. WQCS00028 City of Morganton Morganton Collection System Burke County Dear Mr Cohen: A review has been conducted of the Morganton Collection System's self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in Morganton's Collection System Permit(WQCS00028) and/or G.S. 143-215.1(a)(1). The violation is summarized below: NOV# Violation Date Location Cause & Volume NOV-2007-DV-0095 06/14/2007 219 Moorhead Street Pipe break, 200 gallons The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incident. Remedial action should include identification of the cause of the SSO and implementation of all measures necessary to prevent recurrence. Please note that due to the continued high numbers of SSOs in North Carolina the Division has implemented a new SSO enforcement policy effective on May 15, 2007. Between May 15, 2007 and June 1, 2007 the Division of Water Quality contacted collection system operators to inform them of this policy. Beginning June 1, 2007 and lasting through December 1, 2007 any No�lrthCarohna North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Natumlly Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 Mel L. Cohen July 12, 2007 reportable SSO will result in the issuance of a Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be assessed for SSOs based on volume, volume reaching surface waters, duration, gravity, impacts to public health, fish kills, or recreation area closures. Other factors considered in determining the amount of the civil penalty are the violator's spill history, the cost of rectifying the damage,whether the spill was intentional and whether money was saved by non-compliance. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, z0v e. /, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Don Danford, City of Morganton Dwain Benton, CSORC, City of Morganton Roy Davis n„> Michael F.Easley,Governor � Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Z' Coleen H.Sullins,Director oot t Division of Water Quality. July 12, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8372 Mr. W. Lane Bailey, City Manager City of Lenoir Post Office Box 958 Lenoir,North Carolina 28645-0958 Subject: NOTICE OF VIOLATION Permit No. WQCS00035 City of Lenoir Lenoir Collection System Caldwell County Dear Mr Bailey: A review has been conducted of the City of Lenoir's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the City of Lenoir's Collection System Permit (WQCS00035) and/or G.S. 143-215.1(a)(1). The violations are summarized below: NOV# Violation Location Cause Volume Date NOV-2007-DV-0094 06/29/2007 1308 Harper Avenue Grease, 47 gal Debris The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to these incidents. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Please note that due to the continued high numbers of SSOs in North Carolina the Division has implemented a new SSO enforcement policy that became effective on May 15, 2007. Between May 15, 2007, and June 1, 2007 the Division of Water Quality contacted collection system operators to inform them of this policy. No ehCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service No Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 W. Lane Bailey July 12, 2007 Page 2 Beginning June 1, 2007 and lasting through December 1, 2007 any reportable SSO will result in the issuance of a Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be assessed for SSOs based on volume, volume reaching surface waters, duration, gravity, impacts to public health, fish kills, or recreation area closures. Other factors considered in determining the amount of the civil penalty are the violator's spill history,the cost of rectifying the damage,whether the spill was intentional and whether money was saved by non-compliance. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, e - Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit ' Mack W. Edmisten, City of Lenoir Roy Davis ,\J NorthCarolina Naturalltit Michael F.Easley,Governor William G.Ross Jr.,Secretary 61 North Carolina Department of Environment and Natural Resources A4rColeen H.Sullins,Director 61 -r Division of Water Quality Asltw `C" Asheville Regional Office SURFACE WATER PROTECTION July 13, 2007 Mr. James T. Highley Carolina Water Service Inc. Of NC P.O. Box 240908 Charlotte, North Carolina 28224-0908 SUBJECT: Compliance Sampling Inspection Status: Compliant Carolina Water Service Inc. Of NC Bent Creek WWTP Permit No: NCO036684 Buncombe County Dear Mr. Highley: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on July 5, 2007. The facility appeared to be in compliance with permit NC0036684. Ms. Grinstead is doing a fine job of operating this facility. Her kind assistance in the inspection of this facility was greatly appreciated. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, fet el Environmental Specialist Enclosure cc: WQ Asheville Files w/ attachment WQ Central Files w/ attachment Beverly Grinstead/ ORC w/ attachment No thCarolina Naturally, 2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 lJ 31 NCO036684 I11 121 07/07/05 17 181s1 19IgI 20I Remarks lJ 2111IIIIIIIIIIIIIIIIIIIIIIIIII111111111111111 1 1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA --------------------------Reserved---------------------- 67I 169 70 U 714___! 721 N I 73 t_ 74 75 i rL_t_L_L_Lj 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Bent Creek WWTP 10:10 AM 07/07/05 05/11/01 3 Donnybrook Ct Exit Time/Date Permit Expiration Date Asheville NC 28806 11:05 AM 07/07/05 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Beverly Brown Grinstead/ORC/828-667-5700/ Name,Address of Responsible Official/Title/Phone and Fax Number James T Highley,PO Box 240908 Charlotte NC Contacted 282240908//704-525-7990/7045258174 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance ®Records/Reports Self-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARC WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Da e EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3' NCO036684 f11 12 17 18 I 07/07/05 ( ISf Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Beverly Grinstead & Walter Barnwell assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on Decem ber 5, 2005, by Janet Cantwell. A review of the files indicates that the permit expires October 31, 2010. The effluent data on the day of the inspection: Dissolved Oxygen = 6.7 m g/I Temperature = 23;degrees Celcius pH = 7.4 units Effluent samples were collected during the inspection and submitted to the lab for analysis. The effluent was very clear. Page# 2 Permit: NCO036684 Owner-Facility: Bent Creek WV,1TP �pection Date: 07/05/2007 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 FA F ' Is the facility as described in the permit? 0 D n #Are there any special conditions for the permit? [1 N (] C] Is access to the plant site restricted to the general public? Q rl Is the inspector granted access to all areas for inspection? In 01 ❑ 01 Comment: i Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ 0 f_l Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge IN ❑ 0 D Judge, and other that are applicable? Comment: The facility is very well maintained and operated. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? Ili Is all required information readily available, complete and current? Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ 1� Are analytical results consistent with data reported on DMRs? D Q ❑ Is the chain-of-custody complete? El D El Dates,times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis [O Name of person performing analyses El Transported COCs n Are DMRs complete:do they include all permit parameters? ❑ ❑ C Has the facility submitted its annual compliance report to users and DWQ? 0 Q ❑ (if the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 ❑ W Is the ORC visitation log available and current? 0 11 Ell Is the ORC certified at grade equal to or higher than the facility classification? 0 n (-.1 Is the backup operator certified at one grade less or greater than the facility classification? Page# 3 Permit: NCO036684 Owner-Facility: Bent Creek WWfP Inspection Date: 07/05/2007 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ■ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ n ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ n ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ n Is the drive unit operational? Cl ❑ ■ ❑ Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) ❑ ❑ ❑ ■ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ n ❑ Page# 4 Permit: NCO036684 Uvaner-Facility: Bent Creek IMNTP spection Date: 07/05/2007 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NE Number of tubes in use? 3 Is the level of chlorine residual acceptable? r1 n r=1 in Is the contact chamber free of growth, or sludge buildup? ad EI 171 F1 Is there chlorine residual prior to de-chlorination? n n 1) Comment: De-chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n 0 21 n Is storage appropriate for cylinders? f_1 n in El #Is de-chlorination substance stored away from chlorine containers? ❑ El n Comment: Are the tablets the proper size and type? 0 F1 n Are tablet de-chlorinators operational? ❑ n C_l Number of tubes in use? 5 Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n N I 1 Is sample collected below all treatment units? III m n n n Is proper volume collected? n Is the tubing clean? n 11 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? fl 1"1 0 N Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ow I Wl n n Comment: The thermometer needs to be replaced. Standby Power Yes No NA NE Is automatically activated standby power available? mn n D Is the generator tested by interrupting primary power source? n im Cl n Is the generator tested under load? 0 sm D 11 Was generator tested&operational during the inspection? ka n n n Do the generator(s)have adequate capacity to operate the entire wastewater site? Cl n [1 Page# 5 Permit: NC0036684 Owner-Facility: Bent Creek WWTP Inspection Date: 07/05/2007 Inspection Type: Compliance Sampling Standby Power Yes No NA NE Is there an emergency agreement with a fuel vendor for extended run on back-up power? ❑ ■ ❑ Is the generator fuel level monitored? ■ ❑ 0 Comment: The generator was tested during the inspection and was operational. Page# 6 QFArF Michael F.Easley,Governor Q William G.Ross Jr.,Secretary -Y North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director U C Division of Water Quality Asheville Regional Office July 13, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7006 3450 0002 7064 7955 Bret Martin Fairfield Mountains Property Owners Association, Inc. 112 Mountains Blvd. Lake Lure, North Carolina 28746 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7006 3450 0002 7064 7962 Rick Struck, Director of Facilities Maintenance Fairfield Mountains Properties Owners Association, Inc 112 Mountains Blvd. Lake Lure, North Carolina 28746 Subject: Clarification of Responsibilities Rutherford County Dear Mr. Martin and Mr. Struck: The;,Division of Water Quality is in receipt of your submitted information, dated June 7, 2007, in which you allege that the Property Owners Association is not responsible for the road repairs, and subsequent sediment released to waters of the state as previously cited in issued Notices of Violation and Recommendations for Enforcement. As attached, you will find a copy of Rutherford County Deed Book (Book 386 Page 416) which clearly states that the "extend not provided by public authorities, the cost of maintenance, capital improvements, operation, taxes and other expenses incident to the roads and streets, regardless of whether dedicated to the public or as common properties, shall be borne by the P.O.A." As the water quality violations were a direct result of, or lack of, maintenance of the roadway in question, it is the position of the Division of Water Quality to pursue restoration through the legally obligated entity. NortKarohna Naturally N.C.Division of Water Quality 2090 US Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Asheville Regional Office Internet: www-ncwaterguality.orq FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Page 2 Fairfield Mountains Property Owners Association,Inc. Rutherford County Should you have any questions regarding these matters, please contact Kevin Barnett at (828) 296-4657. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality cc: Roger C. Edwards - DWQ Asheville Regional Office Supervisor Sueanna Sumpter, NC Attorney Generals Western Office Cyndi Karoly—401 Oversight and Express Permits Unit Danny Smith — NPS Assistance and Compliance Oversight Unit DWQ Central Files Clint Calhoun, Town of Lake Lure Erosion Control Amanda Jones, U.S. Army Corps of Engineers Asheville Regulatory Field Office David McHenry, NC Wildlife Resources Commission W Michael F.Easley,Governor Q William G.Ross Jr.,Secretary PNorth Carolina Department of Environment and Natural Resources -{CO Alan W.Klimek,P.E. Director Ca Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality June 26, 2007 CERTIFIED MAIL#41 7005 1820 0002 9207 3871 RETURN RECEIPT REQUESTED CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7006 3450 0002 7064 8334 Mr. Jim Anthony, President 2ND MAILING ATTEMPT JULY 13, 2007 Balsam Mountain Preserve, L.P. 38 Church Street Waynesville,North Carolina 28786 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Balsam Mountain Preserve, L.P. Removal of Best Usage (earthen fill) Other Waste (In-stream sediment) Turbidity Standards Jackson County Dear Mr. Anthony: On June 7, 2007, Mike Parker of the NC Division of Water Quality (DWQ) performed a site inspection of the failed impoundment structure. On June 14, 2007, Kevin Barnett of the NC Division of Water Quality (DWQ), along with Lori Beckwith of the US Army Corps of Engineers (COE) and David McHenry of the NC Wildlife Resources Commission (WRC), inspected the dam failure at Balsam Mountain Preserve. It was observed that the upper impoundment had failed, discharging sediments and de- stabilizing the receiving stream for a significant distance. During the inspection DWQ staff collected measurements took photographs and made visual observations of sedimentation and earthen fill impacts to an unnamed tributary to SugarLoaf Creek (Class C), SugarLoaf Creek (Class C), Scott's Creek, Class C, Tr), and the Tuckasegee River (Class B, Trout), located along the subject tract. The site drains to the Tuckasegee River, a Class B, Tr (trout) stream, located in the Little Tennessee River Basin. As a result of the site inspection and file review, the following violations, detailed below, are noted: (1) Removal of Best Usage (earthen fill) (2) Other Waste (In-stream sediment) (3) Turbidity Standards NOrthCaroli Aatural! N. C. Division of Water Quality 2090 US Highway 70,Swann anoa,NC 28778 828-296-4500 Asheville Regional Office An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Page 2 of 3 Balsam Mountain Preserve,L.P. Jackson County Item I. Removal of Best Usage (earthen fill) The act of allowing fill (sediment) to impact approximately 8 miles of streams represents violations of 15A NCAC 02B .0211 (2), which states that the waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary , recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. Item II.Other Waste (In-stream sediment) The act of allowing fill (sediment) to impact approximately 8 miles of streams represents violations of 15A NCAC 02B .0211 (3)f, which states that oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses; Item III. Turbidity Standards The downstream turbidity reading of 400 NTU represents violations of 15A NCAC 02B .0211 (3)k, which states that the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters,the turbidity shall not exceed 25 NTU. Requested Response This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice. Your response should be sent to both this office at the letterhead address and to the attention of Mr. Danny Smith at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: 1. Please explain why these impacts occurred without prior authorization. 2. Please provide documentation that all jurisdictional water features (e.g. streams, wetlands, buffers). This plan should also describe and quantify the impacts to.those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. 3. Please submit the following documents for review and approval: a. Stream Restoration Plan (sediment. impacts) Sediment impacts to the streams onsite and downstream of the site must be removed. As a part of this plan, you should provide the amount (depth) of material that has been deposited in the floodplain, stream and any wetlands. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the stream channel. The sediment should be removed from the channel, taken to ,- i Mountain Preserve,L.P. ,on County high ground away from the stream channel and stabilized. Also,the plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. b. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted. You are encouraged to secure a consultant to assist you with your plan development, permit, certification and authorization necessary to achieve compliance. 4. It is required that you contact the Division of Land Resources and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Barnett at 828-296-4657. Sincerely, Roger C.Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality cc: Danny Smith—NPS Assistance and Compliance Oversight Unit RO File Copy DWQ Central Files Jackson County Erosion Control Program U.S. Army Corps of Engineers, Asheville Regulatory Field Office Jackson County Building Inspector David McHenry,NC Wildlife Resources Commission Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources C Coleen H.Sullins,Director Division of Water Quality n July 13, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7006 3450 0002 7064 8341 Mr. Everett E Shipman, Jr. Mrs. Sally Shipman 1226 Lyda Creek Road Pisgah Forest, North Carolina 28768-9734 Subject: Notice of Violation Notice of Recommendation for Enforcement Transylvania County, North Carolina Dear Mr. and Mrs. Shipman: The Asheville Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns discharge of fill material and water quality violations around your property located on Lyda Creek Road in Pisgah Forest, North Carolina. Specific matters include; violation of state law found at Section 143-215.1 of the General Statutes of North Carolina [discharge without a permit] plus violations of Title 15A North Carolina Administrative Code 213.0211(2) [loss of best usage] and 2B.0211(3)(c) [settleable solids violation]. The violations occurred in and around Lyda Creek, class C-trout waters of the state. The Division of Water Quality made observations on July 12, 2007. Section 143-215.1 'General Statutes of North Carolina — The referenced section of State Law mandates that no person, without having received a permit, "make any outlets into the waters of the State . . .or . . . cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable the assigned classifications . . .unless allowed as a condition of any permit, special order or other appropriate instrument issued by the Commission. . . " (emphasis added). Observations and measurements made on the property revealed sediment from land disturbing activity in Lyda Creek sufficient to establish violations of State water quality standards. The accumulated sediment confirms existence of an outlet and violation of the cited General Statute. Section 2B.0211(2) of Title 15A North Carolina Administrative Code (15ANCAC) — The cited section describes the water quality standard for best usage and loss of best usage. Sediment from North Carolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet:.www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper i Mr. and Mrs. Shipman July 13, 2007 Page 2 land disturbing activity had entered class C-trout waters of the State and accumulated to depths ot" up to 15 inches in violation of the referenced portion of the Administrative Code. The impacted segment of Lyda Creek totaled approximately 300 feet in length. 15ANCAC 2B.0211(3)(c) — The water quality standard for settleable solids is established at the specified section of the Administrative Code. Settleable solids deposits up to 15 inches in depth impaired a segment of Lyda Creek making the water unsafe or unsuitable for aquatic life and other designated uses. If you have an explanation for the described violations that they wish to present, please respond in writing within ten (10) days following receipt of this Notice. The explanation will be reviewed and if an enforcement action is still deemed appropriate, the explanation will be forwarded to the Director with the enforcement package for his consideration. 4651. If there are questions concerning this matter, please contact Mr. James Reid at 828/296- Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection xc: Point Source Compliance/Enforcement Unit Charles Koontz, Land Quality j�W ATF� Michael F.Easley,Governor William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources [�- -{ Alan W.Klimek, P.E. Director GZ Division of Water Quality Coleen H.Sullins, Deputy Director Division of Water Quality June 26, 2007 CERTIFIED MAIL # 7005 1820 0002 9207 4625 RETURN RECEIPT REQUESTED CERTIFIED MAIL James B. Hyler,Jr. RETURN RECEIPT REQUESTED - 7006 3450 0002 7064 8327 Second Western Corporation 2ND MAILING ATTEMPT - JULY 13, 2007 3128 Smoketree Court Raleigh,NC 27604 Stanley N. Robinson Creekside Condos,LLC 362 Rockwood Road Arden,NC 28704 White Pine Property Laurel Creek Community Association 325 White Pine Road Fletcher,NC 28732 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Laurel Creek Drive Property Deed Book/Page: 1556/ 0541 Removal of Best Usage (earthen fill) Other Waste (In-stream sediment) Buncombe County Dear Mr. Sirs: On June 25, 2007, Kevin Barnett of the NC Division of Water Quality (DWQ), inspected the property located behind Unit 11, Willow Tree Run in the Village at Laurel Creek. It was observed that streams have been excavated, dammed and relocated. During the inspection DWQ staff collected measurements took photographs and made visual observations of excavation and earthen fill impacts to an unnamed tributary to Gashes Creek(Class C), located in the French Broad River Basin. As a result of the site inspection and file review, the following violations, detailed below, are noted: (1) Removal of Best Usage (stream re-routing and impounding) F (2) Other Waste (In-stream sediment) (3) Failure to Secure a 401 Water Quality Certification NoAhCaroti natural! N.C.Division of Water Quality 2090 US Highway 70,Swannanoa,NC 28778 828-296-4500 Asheville Regional Office An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Page 2 of 3 Village at Laurel Creek Buncombe County Item I. Removal of Best Usage (earthen fill) The act of placing fill (rock and soil) in streams represents violations of 15A NCAC 02B .0211 (2), which states that the waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. Item II. Other Waste (In-stream sediment) The act of placing fill (rock and soil) in streams represents violations of 15A NCAC 02B .0211 (3)f, which states that oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses; Item III. Failure to Secure a 401 Water Quality Certification DWQ site visits and file review confirmed that impacts occurred without a 404 Permit from the U.S. Army Corps of Engineers. A file review indicates that the U.S. Army Corps of Engineers (COE) has not authorized use of a 404 Permit for this activity nor has notification been provided to the COE for this activity. The file review confirmed that a Pre-construction Notification has not been received by the Division of Water Quality for this project and that a 401 Water Quality Certification has not been issued. A Pre- Construction Notification submitted to DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500. Requested Response This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice. Your response should be sent to both this office at the letterhead address and to the attention of Mr. Danny Smith at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: l. Please explain why these impacts occurred without prior authorization. 2. Please provide documentation that all jurisdictional water features (e.g. streams, wetlands, buffers). This plan should also describe and quantify the impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. 3. Please submit the following documents for review and approval: at Laurel Creek ,mbe County a. Stream Restoration Plan (relocation) - A plan and implementation schedule for placing the stream back into a stable form for the valley type, to be implemented as soon as agency approval is received, and impoundment dam removal with associated stream restoration, along with supporting documentation for the reference condition and pattern, dimension and profile for the proposed restored channels along with an appropriate monitoring plan. Additionally, the 25 foot woody buffer must be re-established along both creeks on the property in accordance with 15A NCAC 04B .0125. b. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted. You are encouraged to secure a consultant to assist you with your plan development, permit, certification and authorization necessary to achieve compliance. It is required that you contact the Division of Land Resources and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this - process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at 828-296-4657. Sincerely, f_&P7 Roger C. Rdwards, Regional Superviso Surface Water Protection Section Division of Water Quality cc: Danny Smith-NPS Assistance and Compliance Oversight Unit RO File Copy DWQ Central Files Janet Boyer,NC Division of Land Resources, Asheville Regional Office U.S. Army Corps of Engineers, Asheville Regulatory Field Office David McHenry,NC Wildlife Resources Commission F�`, �J � ; __. pr Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Vy Coleen H.Sullins,Director Q Division of Water Quality July 13, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7006 3450 0002 7064 8112 Jerry M. and Mary M. Porter 312 Patton Mountain Road Asheville,NC 28804 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Jerry M. and Mary M. Porter Removal of Best Usage (earthen fill, culverts, relocated stream channel) Other Waste (In-stream sediment) Buncombe County Dear Mr. and Mrs. Porter: On June 27, 2007, Kevin Barnett of the Division of Water Quality, along with Lori Beckwith of the US Army Corps of Engineers, performed a site investigation at property registered to you, off Flint Hill Road, in the New Horizons Development (PIN # 972401361565). The site visit revealed that recent stream and wetland filling had occurred in relation to the expansion of the existing impoundment on-site. The above mentioned impacts are to an un-named tributary to Blevin Branch. Blevin Branch (class C waters), which drains to the French Broad River Basin, As a result of the site inspection and file review, the following violations, detailed below, are noted: (1) Removal of Best Usage (earthen fill, culverts, relocated stream channel) (2) Other Waste (In-stream sediment) Item I. Removal of Best Usage (earthen fill, culverts, relocated stream channel) The expansion of the footprint of the onsite dam and subsequent discharge of sediments below the dam represents violations of 15A NCAC 02B .0211 (2) which states that the waters shall be suitable for aquatic life propagation and maintenance of biological integrity,wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. One NorthCarotina Naturally N.C.Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Asheville Regional Office Customer Serivice 1-877-623-6748 Fax(828)299-7043 Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Page 2 of 3 Jerry M and Mary M Porter Buncombe County Item II. Other Waste (In-stream sediment) The discharge of sediment into the stream below the dam represents violations of 15A NCAC 02B .0211 (3)f which states that oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses; Requested Response This Office requests that you respond to this letter in writing within 30 days of receipt of this Notice. Your response should be sent to both this office at the letterhead address and to the attention of Mr. Danny Smith at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: 1. Please explain why these impacts occurred without prior authorization. 2. Please provide documentation that all jurisdictional water features (e.g. streams, wetlands, buffers). This plan should also describe and quantify the impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. 3. Please submit the following documents for review and approval: a. Stream Restoration Plan (sediment impacts) — Sediment impacts to the - streams onsite and downstream of the site must be removed. As a part of this plan, you should provide the amount (depth) of material that has been deposited in the floodplain, stream and any wetlands. This information should be depicted on a map you provide. It is recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the stream channel. The sediment should be removed from the channel, taken to high ground away from the stream channel and stabilized. Also, the plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. b. Permit Application—If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not permittable. c. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted. You are encouraged to secure a consultant to assist you with your plan development, permit, certification and authorization necessary to achieve compliance. i and Mary M Porter <,mbe County 4. It is required that you contact the Division of Land.Resources and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. By copy of this letter, the Division of Water Quality is hereby requesting that the Division of Land Resources evaluate the expanded dam to determine if this structure is jurisdictional under the Dam Safety Law. By copy of this letter, the Division of Water Quality is hereby requesting that any and all local authorizations relating to this project and the New Horizons development be withheld until such a time as the site is brought into compliance with all applicable water quality rules and regulations. Thank you for your attention to this matter. This Office is considering sending a recommendation for' enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Barnett at (828) 296-4657. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality cc: Danny Smith—NPS Assistance and Compliance Oversight Unit Asheville Regional Office File Copy DWQ Surface Water Protection Section Central Files Janet Boyer, NC Division of Land Resources, Asheville Regional Office U.S. Army Corps of Engineers, Asheville Regulatory Field Office David McHenry,NC Wildlife Resources Commission US Fish and Wildlife, Asheville Office Becky Fox, US EPA � - --- - - ��1 ,_ Michael F. Easley, Governor William G.Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources —1 Coleen H.Sullins, Director C Division of Water Quality July 13, 2007 CERTIFIED MAIL #7006 3450 0002 7064 8129 RETURN RECEIPT REQUESTED Max Steven Allison 896 Grindstone Road Waynesville,NC 28786 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2007-WQ-0062 Settlement Agreement Violations Allison Property DWQ Case# CV-2005-0006 OAH# 05 EHR 2216 Haywood County Dear Mr. Allison: On August 4, 2005, Division of Water Quality (DWQ) issued a civil penalty assessment for impacts to Hemphill Creek and Jonathan Creek without authorization from DWQ. On October 18, 2006, DWQ signed a Settlement Agreement to resolve the civil penalty assessment as well as to clearly list the actions for Mr. Allison to take to resolve the outstanding violations. On June 15, 2007, Division of Water Quality (DWQ) staff from the Asheville Regional Office conducted observations of the property and noted that no work as described in the Settlement Agreement has been implemented. From the recent site visit and DWQ file review, the following violations are noted and detailed below: Settlement Agreement Violations. Settlement Agreement Violations Paragraphs 2.A and 2.13 describes the restoration actions to be taken along Hemphill and Jonathan Creek by the Petitioner to resolve the violations. DWQ site visits described above revealed that these restoration actions have not commenced. Paragraphs 2.E describes that the restoration work described in the Settlement Agreement be completed no later than January 31, 2007. Paragraphs 3.A and 3.13 state that within 90 days of the filing of the agreement, the Petitioner will submit a Pre-construction Notification Application to the US Army Corps of Engineers and to the DWQ to obtain a 404 Permit and a 401 Water Quality Certification for the site. DWQ has no record that a 401 Water Quality Certification or 404 Permit has been issued for the site. North Carolina �iz�irra!!y N. C.Division of Water Quality 2090 US Highway 70,Swannanoa,NC 28778 828-296-4500 Asheville Regional Office An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Nu. Paragraph 4 states that in the event that the Petitioner fails to Secure a 404 Permit from the US . Corps of Engineers within one (1) year of the signing of this agreement, the Petitioner agrees to pay DVS a stipulated penalty of$1,000 per day for each day after this said deadline. Paragraph 5 states.that in the event that the Petitioner fails to Secure a 401 Water Quality Certification within one (1) year of the signing of this agreement, the Petitioner agrees to pay DWQ a stipulated penalty of$1,000 per day for each day after this said deadline. Paragraph 6 states that the breach of any condition of Paragraph's 1, 2,or 3 of this agreement will render due and payable the entire amount civil penalty assessment. Required Response This Office requires that you respond to this letter in writing within 15 days of receipt of this Notice. Your response should be sent to both this office at the letterhead address and to the attention of Mr. Shelton Sullivan at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: 1. The impacts must be restored as described in the Settlement Agreement. Clearly explain in writing when you will complete the Settlement Agreement requirements including the 401 and 404 permitting process. 2. Clearly explain when you will comply with the payment requirements detailed in the Settlement Agreement. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. The DWQ Asheville Regional Office is sending a recommendation for enforcement for civil penalty assessment to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Any response received within 15 days of your receipt of this Notice and it will be considered in this process. Your response should be sent to both this office at the letterhead address and to the attention of: Mr. Shelton Sullivan at the DWQ Wetlands and Stormwater Branch NPS Assistance and Compliance Oversight Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Fax#(919) 733-9612. If necessary, the DWQ Asheville Regional Office will request the Attorney General's Office to Allison Property Haywood County NOV-2007-WQ-0062 Page 3 of 3 ,1y pursue and proceed with collection as appropriate in Superior Court for settlement .;ement conditions noted above, including but not limited to injunctive relief. Thank you for your .cention to this matter. Should you have any questions regarding these matters, please contact Kevin Barnett at(828) 296-4657. Sincerely, i --- Roger C. Edwards Surface Water Protection Section Division of Water Quality cc: Danny Smith—NPS Assistance and Compliance Oversight Unit Sueanna Sumpter—Department of Justice, 42 North French Broad Ave., Asheville,NC 28801 US Army Corps of Engineers,Asheville Regulatory Field Office David McHenry,North Carolina Wildlife Resources Commission ARO File Copy DWQ Central Files NRCS —Haywood County ��:.,<< �� �� l�, '�, �� �, Michael F.Easley, Governor William G. Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources P i r Coleen H. Sullins, Director "I Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 13, 2007 CERTIFIED MAIL _ RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8464 Mr. Gerald Jerry Nash Fletcher Academy Inc. PO Box 5335 Fletcher, NC 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-2007-0277 Henderson County Dear Mr. Nash This letter transmits a Notice of Violation and assessment of civil penalty in the amount 'of $771.07 ($562.50 civil penalty + $208.57 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 Inca for the month of March 2007. 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 March 2007 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, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Fletcher Academy Inc.: 2090 US Hwy 70, Swannanoa, NC 28778 Phone: (828)296-4500 FAX(828)299-7043 Customer Service 1-800-623-7748 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Perm.., 250.00 NC0036641, by discharging waste water into the waters of the Statt" violation of the Permit Daily Maximum limit for Biochemical Oxygen, Demand. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 312.50 NC0036641, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for Biochemical Oxygen Demand. 562.50 TOTAL CIVIL PENALTY $208.57 Enforcement Costs $771.07 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 J assessed. Requesting remission is not the proper procedure for contesting whether the ,ation(s) occurred or the accuracy of any of the factual statements contained in the civil enalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that 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) b' days following the faxed transmission. The mailing address for the Office of Administi., 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 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 me or Wanda Frazier of the Asheville Regional Office at 828-296-4662. Sincerely, A'�ACA Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement Regional Supervisor w/ attachments ARO Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST ,VVQ Case Number: LV-2007-0277 County: Henderson Assessed Party: Fletcher Academy Inc. Permit No.: NCO036641 Amount Assessed: $771.07 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 ENVIRONMEI\. 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. ) PERMIT NO. NCO036641 ) FILE NO. LV-2007-0277 Having been assessed civil penalties totaling $771.07 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 13, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE a a a a ao w w w z N O > ? m Q X X > J N N Q fq Cp Z O W W~ cq N 00 0� D N J r, cn ao 0 0 W W J J Q U 0 N J Q� LU LL o Z Z Q E E E o �� U n N V N C O Q A O U ZO z r d N LU 7 c c c J w E E E _ K X X X U Q LL N N N L W m � L OW r r r � F O O O Q Z Q Q O N M V- Llf 0 O O O CO a. U T E N 14 v W LU Q F- N v K a m m m LL z N 0 V U- 0 w w w J ..1 J Q a O O o Fa o 0 0 D O to Z�- p t9 00 0 0 0 0 is F d N N N U 0 ZK A M M Z p 0 HH_C O_ C > O O O w J O O N tL z N J a e» ss j ., ��. _. William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office MOW SURFACE WATER PROTECTION July 16, 2007 Joel B Burrell Town of Tryon 423 N Trade St Tryon NC 28782 SUBJECT: Bioassay Compliance Inspection Tryon WWTP Permit No: NCO021601 Polk County Dear Mr. Burrell: Enclosed please find a copy of the Bioassay Compliance Inspection Report for the inspection, which I conducted at your facility, on June 5, 2007. The facility was found to be in Compliance with permit NC0021601. It should be noted that the test result was recorded as a "PASS", which indicates that the effluent would not be predicted to have water quality impacts on the receiving stream. Please refer to the enclosed inspection report for additional observations and comments. The assistance of Ms. Bradley in the collection of the samples was greatly appreciated. If you or your staff have any questions, please do not hesitate to contact me at 828-296-4500. 4Sincer , Keith Hayne Environmental Specialist Enclosure cc: Deborah M Bradley, ORC Central Files Asheville Files NorthCarotina Naturally 2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Washington,D.C.20460 Form Approved. C P//�1 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 11 NCO021601 111 121 07/06/05 117 181 BI 191 SI 20II) Remarks 21111IIIIIIIII11IIIIII1IIIIIIIIIIIII1I111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67I 169 701 I 711 I 721 ,1 73I I ( 74 711 I I I I I I 180 Section E: Facility Data t—I—I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 07/06/05 04/02/01 Tryon WWTP Old Howard Gap Rd Exit Time/Date Permit Expiration Date Tryon NC 28782 10:30 AM 07/06/OS 08/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Deborah Bradley/// Deborah M Bradley/ORC/828-859-5626/ Name,Address of Responsible Official/Title/Phone and Fax Number Joel B Burrell,423 N Trade St Tryon NC 28782/Director of Public Contacted Works/828-859-6654/ Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date 7 Keith Haynes ARO WQ//828-296-4500/ 7. Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers L6 , Roger C Edwards ARO WQ//828-296-4500/ -7 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3) NCO021601 I11 12I 07/06/05 I17 18IBI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On June 6, 2007, Division Aquatic Toxicology personnel initiated a 3-Brood Ceriodaphnia dubia pass/fail toxicity test on the effluent from the Tryon WWTP. The samples were collected on June 4-5 and 7-8, 2007 by facility staff and split by ARO staff. The result of the test indicated that the subject discharge met criteria set forth in established standards. At the instream waste concentration of(IWC = 37%), predicted by the low stream flow 7Q10 of 4.00 cfs and the permitted discharge volume of 1.5 MGD, 75% survival occurred in the test population with a treatment mean reproduction of 20.6 neonates. The control population exhibited 100% survival with a control mean reproduction of 26.4 neonates. Thus, the test was recorded as a "Pass". Other measured water quality parameter results were: first sample, pH=7.73 SU, conductivity=1180 micromhos/cm, TRC=<0.0052 mg/I; second sample pH=7.48 SU, conductivity=1560 micromhos/cm, TRC=<0.0052 mg/l. �J Page# 2 f Michael F.Easley, Governor William G. Ross Jr.;Secretary Gy North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director LA J n, -,) Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 16, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8457 President Riverwind Homeowners Association 30 Riverwind Drive Hendersonville, NC 28739 Subject: NOTICE OF VIOLATION NOV-2007-LV-0392 Permit No. NCO076708 Riverwind Mobile Home Park Henderson County Dear HOA President: A review of Riverwind Mobile Home Park's monitoring report for April 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform, 04/04/07 400 460 Daily Maximum membrane filter, colonies per colonies per Exceeded M-FC Broth at 44.5 100 ml 100 ml degrees Celcius o e NhCarolina Nat111'a lll,f North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone(828)296-4500 Internet: www.ncwatergualitV.org Customer Service 1-877-623-6748 FAX(828)299-7043 President HOA Riverwind MHP Page 2 of 2 July 16, 2007 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report(DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828- 296-4500 extension 4656. Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent(SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, o Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement DWQ Central Files Asheville Regional Office facility files Henry Dyar, Goldie & Associates Michael F. Easley, Governor 9� William G. Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director } Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 16, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8433 Thomas W. Kilpatrick Etowah Sewer Company PO Box 1659 Etowah, NC 28729 Subject: NOTICE OF VIOLATION NOV-2007-LV-0395 Permit No. NCO071323 Etowah Sewer Company WWTP Henderson County Dear Mr. Kilpatrick: A review of Etowah Sewer Company WWTP's monitoring report for May 2007 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Total Suspended Solids 05/01/07 45 mg/I 98 mg/I Daily Maximum Exceeded NoMhCarolina ,Yaturally / North Carolina Division of Water Quality 2090 US Hwy 70;Swannanoa,NC 28778 Phone (828)296-4500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX(828)299-7043 Thomas W. Kilpatrick Etowah Sewer Company Page 2 of 2 July 16, 2007 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828- 296-4500 extension 4656. Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent(SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement DWQ Central Files . ' Asheville Regional Office facility files Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office ow SURFACE WATER PROTECTION July 16, 2007 Edwin E Morrow M-B Industries Inc PO Box 1118 Rosman NC 28772 SUBJECT: Bioassay Compliance Inspection M-B Industries Inc Permit No: NC0000311 Transylvania County Dear Mr. Morrow: Enclosed please find a copy of the Bioassay Compliance Inspection Report for the inspection, which at conducted at your facility on June 12, 2007. The facility was found to be in Compliance with permit NC0000311. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Hayn s Environmental Specialist Enclosure cc: Wade Sanders, ORC Central Files Asheville Files NorthCarolina 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 �__ �i �,, ��:= United States Environmental Protection Agency Form Approved. rH P ^ Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I _I 31 NC0000311 111 121 07/06/12 117 18IBI 19Isl 201 I Remarks 21II1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67I 169 70I_I 711 I 721 N I 73I_u I 174 751 I I I I I I 180 Section B: Facility Data I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30 AM 07/06/12 05/09/01 M-B Industries WWTP US Hwy 64 W Exit Time/Date Permit Expiration Date Rosman NC 28772 11:00 AM 07/06/12 10/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Ed Morrow//919-542-4621 / Wade Sanders/ORC/828-862-4201/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Edwin E Morrow,PO Box 1118 Rosman NC 28772//828-862-4201/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ 111610-7 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NC0000311 I11 12I 07/06/12 L,' 18IBI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On June 13, 2007, Division Aquatic Toxicology personnel initiated a 3-Brood Ceriodaphnia dubia pass/fail toxicity test on grab samples of the effluent from MB Industries outfall 003. The samples were collected on June 12 and 15, 2007 by Asheville Regional Office staff. The result of the test indicated that the subject discharge met criteria set forth in established standards. At the instream waste concentration of(IWC = 0.55%), predicted by the low stream flow 7Q10 of 27.9 cfs and the permitted discharge volume of 0.1 MGD, 100% survival occurred in the test population with a treatment mean reproduction of 31.0 neonates. The control population exhibited 100% survival with a control mean reproduction of 29.7 neonates. Thus, the test was recorded as a "Pass". Other measured water quality parameter results were: first sample, pH=7.56 SU, conductivity=85.7 micromhos/cm, TRC=<0.0052 mg/I; second sample pH=7.62 SU, conductivity=84.4 micromhos/cm, TRC=<0.0052 mg/I. The result indicates that the effluent would not be predicted to have water quality impacts on the receiving stream. Page# 2 � Michael F. Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources r Coleen H.Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 16, 2007 Mr. Parks Banks P.O. Box 387 - Barnardsville, North Carolina 28709 SUBJECT: Compliance Evaluation Inspection Status: Compliant Ridgeview Acres Mobile Home Park Wastewater Treatment Plant Permit No: NCO060283 Buncombe County Dear Mr. Banks: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on July 5, 2007. The facility appeared to be in compliance with permit NC0060283. Mr. Jones is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, et Cantwell Environmental Specialist Enclosure cc: WQ Asheville Files w/ attachment WQ Central Files w/ attachment Mark Jones/ ORC w/ attachment North Carolina Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 1 \1 l -' United States Environmental Protection Agency Form Approved. C n A Washington,D.C.20460 OMB No.2040-0057 I�/`1 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00060283 111 121 07/07/05 117 181 0I 191 Si20I I Remarks -! 211II1IIIIIIIIIIIIIIIIIIII1111IIIIIIIIIIII IIII II16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70I I 71 I I 721 NJ 73' I 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Ridgeview Acres Mobile Home Park 11:30 AM 07/07/03 05/11/01 Dryman Mtn Rd Exit Time/Date Permit Expiration Date Asheville NC 28806 11:50 AM 07/07/05 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Mark Brandon Jones/ORC/828-273-0760/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Parks Banks,PO Box 387 Barnardsville NC 28709//704-626-2165/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance N Records/Reports ®Self-Monitoring Program Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 2114? 'r EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.� 3I NCO060283 I11 12) 07/07/05 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mark Jones, ORC, assisted in the inspection of this facility. This wastewater treatment facility consists of 15 separate septic tanks and subsurface sand filter systems (one tank/filter for every two mobile home spaces), a collection line, chlorine contact chamber, and effluent discharge pipe. I drove through the park and saw no evidence of ponding or apparent problems with the septic tanks and subsurface sand filter systems during this inspection. Review of the files and Discharge Monitoring Reports shows there has never been a discharge. Mr. Jones was able to locate the effluent discharge pipe on April 5, 2006. Page# 2 Permit: NCO060283 Owner-Facility: Ridgeview Acres Mobile Home Park action Date: 07/05/2007 Inspection Type: Compliance Evaluation ermit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ 0 0 n #Are there any special conditions for the permit? n ■ In n Is access to the plant site restricted to the general public? ❑ ❑ ■ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ IN ❑ Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available,complete and current? ■ ❑ ❑ n Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ Cl ❑ ■ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain-of-custody complete? ❑ ❑ ❑ ■ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ❑ ■ (If the facility is=or>5 MGD permitted flow)Do they operate 2417 with a certified operator on each shift? ❑ Cl ■ ❑ Is the ORC visitation log available and current? ® ❑ n In Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ n ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ Cl ❑ Page# 3 Permit: NCO060283 Owner-Facility: Ridgeview Acres Mobile Home Park Inspection Date: 07/05/2007 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? n n n ■ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ n Are the tablets the proper size and type? ■ n ❑ n Number of tubes in use? Is the level of chlorine residual acceptable? n n ■ n Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? n ❑ ■ n Comment: Mr. Jones keeps chlorine tablets in the chlorinator; however, there has never been a discharge. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ® n [1 If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: There was no discharge at the time of inspection, and from review of the files, there has never been a discharge. Mr. Jones had located the discharge pipe on 4/5/06 and marked it with a stake. Page# 4 Michael F.Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ^I Coleen H. Sullins, Director �. Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 16, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8440 Aubrey L Deaver A&D Water Service Inc. PO Box 1407 Pisgah Forest, NC 287681407 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 NCO059421 A&D Water Service Inc. Sapphire Lakes Plant WWTP #1 Case No. LV-2007-0284 Transylvania County Dear Mr. Deaver: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $408.57 ($200.00 civil penalty + $208.57 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc. for the month of March 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0059421. The violations which occurred in March 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc. violated the terms, conditions or requirements of NPDES Permit NC0059421 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against A&D Water Service Inc.: ore NorthCarolina 11vat rall1y 2090 US Hwy 70, Swannanoa, NC 28778 Phone: (828)296-4500 FAX: (828)299-7043 Customer Service 1-800-623-7748 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 200.00 NC0059421, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FECAL COLIFORM. TOTAL CIVIL PENALTY 200.00 Enforcement Costs 208.57 TOTAL AMOUNT DUE 408.57 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: Amit payment of the penalty: ,yment should be made directly to the order of the Department of Environment and Natural .<esources (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 "Req, Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulal., Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality'G requests that you complete and submit the enclosed "Justification for Remission Request." BoL. 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 �J 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. e any questions, please contact me or Wanda Frazier of the Asheville Regional Office /-96-4500 Ext. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement Regional Supervisor w/ attachments ARO enforcement file w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0284 County: Transylvan'k, Assessed Party: A&D Water Service Inc. Permit No.: NC0059421 Amount Assessed: $408.57 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: AORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Y OF TRANSYLVANIA THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS A&D WATER SERVICE INC. ) SAPPHIRE LAKES WWTP #1 ) PERMIT NO. NCO059421 ) FILE NO. LV-2007-0284 Having been assessed civil penalties totaling $408.57 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 16, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE a a W w � a w w z O a X X J Q � � 2 O W >~ o 0 R O- o 0 e 0 W �W a7 0 0 Uj J Q U tQ C � o0 00 a+ J V V N C f� L F- LL W E I}- of o 0 w as s'c O U O' U OD = N O Q d r-- } F- V C z Z We L N M T T G cn W N N Q m m z ~ pW- M 2 o 1) z J O o 0 Q Q > U a. at C to (L N N Y J w W J J g O U L Q U U G Q w w (� 6 LL LL � c C U ® w zr w Q J LL J LL a O O D O N Zr N o 0 o N N U O zw M M Z p O ~ o 0 W Q o 0 o. z ea a "' Michael F.Easley,Governor 7 William G.Ross Jr.,Secretary F North Carolina Department of Environment and Natural Resources F < Alan W.Klimek,P.E.Director Division of Water Quality SURFACE WATER PROTECTION July 17, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Joe Cline Tuckaseigee Water and Sewer Authority 1246 West Main Street Sylva, North Carolina 28779 Subject: NOTICE OF VIOLATION NOV-2007-SP-0012 EMC SOC WQ S05-015 TWSA No. 1 WWTP NPDES Permit Number NCO039578 Jackson County Dear Mr. Cline: On December 6, 2006, 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 the Tuckaseigee Water and Sewer Authority's (TWSA) 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 the facility's monitoring report for April 2007showed the followed violation: Parameter Date Limit Value Reported Value Limit Type Total Suspended April 7, 2007 75 mg/I 84 mg/l Weekly Average Solids You are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to this violation. Section 3 of the SOC stipulates that a penalty in the amount of$1000/violation shall be paid for noncompliance with any modified limit contained in the SOC. However, Section 4 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 TWSA. ,. TWSA o�,e NorthCarolina Natur,711,J North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper TWSA July 17, 2007 Page If you have information that will prove to the Division that any or all of the criteria set forth in Section 4 have been met, you must submit this information, in writing, to the Asheville .. Regional Office within ten (10) days after your receipt of this notice. In the absence of evidence justifying the application of the provision within Section 4, this Office will proceed with assessment of stipulated penalties as provided for in the SOC. If you have any questions about this matter, please do not hesitate to contact Mr. Keith Haynes at (828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: NPDES Unit Central Files J ARO ;orth Carolina .vent of Environment 4atural Resources .eville Regional Office Michael F.Easley, Governor William G.Ross,Jr., Secretary NCDENR Coleen H. Sullin s,Director NORTH CARD LINA DEPARTMENT OF Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES SURFACE WATER PROTECTION July 17, 2007 MEMORANDUM TO: Andrea Thomas THROUGH: Roger Edwards FROM: Linda Wiggs Av / SUBJECT: ARO Fecal Coliform Sampling for 2007 During 2006 the Ambient Monitoring System identified two sites classified "B" waters in the French Broad River Basin to have elevated fecal " coliform numbers . The French Broad River at Rosman and the French Broad River at Blantyre showed elevated levels during the calendar year of 2006. In 2007, follow up "5 in 30 sampling was initiated to determine if standard 2B. 0219 (3b) was violated. The 2007 sampling on the French Broad River occurred from May 17, 2007 through June 7, 2007 . There was no significant rainfall, nor were there any SSO' s reported on these dates . During this time the both French Broad River at Rosman and Blantyre met the standard 2B. 0219 (3b) : fecal coliform not to exceed a geometric mean of 200/100 ml based upon at least five consecutive samples examined during any 30-day period, and did not exceed the standard of 400/100 ml in more than 20 rcent of the samples examined durinq such period. Date FrB @ Rosman FrB @ Blantyre 5/17/07 23 64 5/24/07 51 40 5/31/07 22 46 6/4/07 15 96 6/7/07 23 52 Gen "Mean, 24 57 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Telephone 828-296-4500 FAX 828-296-7043 �TOne An Equal Opportunity Affirmative Action Employer j�of thCarohna �r�turallr� �� '�✓ /�_.�, �'i Michael F.Easley,Governor 7 William G.Ross Jr.,Secretary S� North Carolina Department of Environment and Natural Resources `< Alan W.Klimek,P.E.Director Division of Water Quality July 17, 2007 Mr. Ernie Rymer Quality Oil—Cherokee 1540 Silas Creek Parkway PO Box 2736 Winston Salem,NC 27102-2736 SUBJECT: NPDES General Stormwater Permit No. NCG010000 Project ID: 07-136 Project Name: Quality Oil - Cherokee Jackson County Dear Sir or Madam: Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance,bypasses, treatment unit/process failures, etc. NoithCarolina Natarally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www,ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Quality Oil July 17, 2007 This letter is also meant to advise you that should you fail to comply with the terms and condit.:� the Stormwater Construction permit, you could be subject to enforcement as called for in Section'.. 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation p:, day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously,the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so,please read the Stormwater Construction permit and contact Mr. Kevin Barnett or Ms. Starr Silvis of this Office at (828) 296-4500 if you have any questions or need clarification. Sincerely, F Starr Silvis, Environmental Engineer Surface Water Protection Section ARO Files DWQ Central Files �` QMichael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director 4Z=�w Division of Water Quality July 17, 2007 Mr. Manual DeJuan PO Box 2908 Cashier,NC 28717 SUBJECT: NPDES General Stormwater Permit No. NCGO10000 Project ID: 07-135 Project Name: Cashiers Jackson County Dear Sir or Madam: Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge Stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your Stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. o,e NorthCarohna naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper Cashiers July 17, 2007 This letter is also meant to advise you that should you fail to comply with the terms and condifr the Stormwater Construction permit, you could be subject to enforcement as called for in Section 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation p., day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously, the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so,please read the Stormwater Construction permit and contact Mr. Kevin Barnett or Ms. Starr Silvis of this Office at(828) 296-4500 if you have any questions or need clarification. Sincerely, f Starr Silvis, Environmental Engineer Surface Water Protection Section ARO Files DWQ Central Files Michael F.Easley,Governor *C. William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural-Resources Coleen H.Sullins,Director ^ Division of Water Quality July 17, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7006 3450 0002 7064 8501 Land Resources Companies George Minors, P.E.` 5323 Millenia Lakes Boulevard, Suite 300 Orlando, Florida 32839 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7006 3450 0002 7064 8518 Land Resources Companies Andy Rathke 5323 Millenia Lakes Boulevard, Suite 300 Orlando, Florida 32839 Subject: Buffer Restoration Inspection Grey Rock Lake Club Rutherford County, North Carolina Dear Sirs: Fhe Asheville Regional Office of the North Carolina Division of Water Quality inspected your buffer restoration at the Grey Rock Lake Club located off of Highway 74 within the Bat Cave/Lake Lure area. Based upon the submitted information, a sufficient buffer has been established along all waters on the property. A Conservation Easement document recorded in the Rutherford County Clerk's Office should be submitted to ensure protection of the restored buffer in perpetuity. It should be noted that the planted buffer appears to be suffering from drought stress and should be managed such that the vegetation population density does not drop below acceptable thresholds. Should you have any questions regarding these matters, please contact Kevin Barnett or myself at (828) 296-4657. Sincerely, Roger C. Edwards, Regional Supervisor Division of Water Quality Surface Water Protection Section cc: Asheville Regulatory Field Office, US Army Corps of Engineers ARO - Division of Land Resources ARO—Division of Water Quality DWQ-NPS Compliance and Assistance Unit Danny Smith Northcarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality,org FAX (828)299-7043 1-877-623-6748 An Equal Opportun4/Affirmative Action Employer—50%Recycled110%Post Consumer Paper ��� �_, i �; �_ North Carolina Department of Environment and Natural Resources DIVISION OF WATER QUALITY o�- wArF RP Surface Water Protection ° ,, Asheville Regional OfficbNCDENR >_ 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 Phone: 828/296-4500 Fax: 828/299-7043 To: �I �,���� Lle-- - L vc� Fax. From:__ C) CA rvx,, Hate: UU� Number of pages including cover: MESSAGE: If questions, please call 828/296-4500 One NorthCarolina vyaturall! Michael F.Easley,Governor 5' William G.Ross Jr.,Secretary I^ North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality July 17, 2007 Mr. Alvin Kinkaid 351 Julalbo Rd Whittier, NC 28789 SUBJECT: NPDES General Stormwater Permit No. NCG010000 Project ID: 07-126 Project Name: Cliffs at Sylva Vista Jackson County Dear Sir or Madam: Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. one NorthCarolina �aturrrllr� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Cliffs at Sylva Vista July 17, 2007 This letter is also meant to advise you that should you fail to comply with the terms and condit, the Stormwater Construction permit, you could be subject to enforcement as called for in Section 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation,:,, day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously,the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so,please read the Stormwater Construction permit and contact Mr. Kevin Barnett or Ms. Starr Silvis of this Office at(828) 296-4500 if you have any questions or need clarification. Sincerely, Starr Silvis, Environmental Engineer Surface Water Protection Section ARO Files DWQ Central Files i U Michael F.Easley,Governor `QCi 7 William G.Ross Jr.,Secretary (^" North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality July 17, 2007 Mr. Mark Fortner, Union Hill 120 Stucken Drive Bryson City,NC 28713 SUBJECT: NPDES General Stormwater Permit No. NCGO10000 Project ID: 07-128 Project Name: Union Hill Jackson County Dear Sir or Madam: Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCGO10000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and 11 of the permit. Parts I and I1 set forth the minimum visual monitoring and reporting requirements for your Stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to Stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. NoOAne hCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Union Hill July 17, 2007 This letter is also meant to advise you that should you fail to comply with the terms and conditr. the Stormwater Construction permit, you could be subject to enforcement as called for in Sectiom., 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation p, day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously,the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so,please read the Stormwater Construction permit and contact Mr. Kevin Barnett or Ms. Starr Silvis of this Office at (828) 296-4500 if you have any questions or need clarification. Sincerely, Starr Silvis, Environmental Engineer Surface Water Protection Section ARO Files DWQ Central Files Michael F.Easley,Governor pWilliam G.Ross Jr.,Secretary f" North Carolina Department of Environment and Natural Resources '< Alan W.Klimek,P.E.Director Division of Water Quality July 17, 2007 Tuck WWTP C/o Legasus Properties of NC 22 South Pack Square, Suite 700 Asheville,NC 28801 SUBJECT: NPDES General Stormwater Permit No. NCGO10000 Project ID: 07-125 Project Name: Tuck WWTP Jackson County Dear Sir or Madam: Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. One NorthCarolina Vatura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper Tuck W WTP July 17, 2007 This letter is also meant to advise you that should you fail to comply with the terms and condhk, the Stormwater Construction permit, you could be subject to enforcement as called for in Section'. 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation p: day maybe assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously, the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so,please read the Stormwater Construction permit and contact Mr. Kevin Barnett or Ms. Starr Silvis of this Office at(828) 296-4500 if you have any questions or need clarification. Sincerely, r B Starr Silvis, Environmental Engineer Surface Water Protection Section ARO Files DWQ Central Files Michael F.Easley,Governor P William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality July 17, 2007 Robin P Nickles Lowe's Home Centers PO Box 1111 North Wilkesboro, NC 28697 SUBJECT: NPDES General Stormwater Permit No. NCG010000 Project ID: 07-617 Project Name: Lowe's West Asheville Stormwater Improvements Buncombe County Dear Robin Nickles; Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your Stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. NorthCarolina ,YaturallJ North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Robin Nickles July 17, 2007 This letter is also meant to advise you that should you fail to comply with the terms and condl the Stormwater Construction permit, you could be subject to enforcement as called for in Section 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation, day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously, the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so, please read the Stormwater Construction permit and contact me at (828) 296-4500 if you have any questions or need clarification. Sincerely, Starr Silvis, Environmental Engineer Surface Water Protection Section ARO DWQ Central Files �i �Q Michael F.Easley,Governor Imo, William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality July 17, 2007 Mr. Sam Smith The Grove Park Inn Resort, Inc. PO Box 6266 Greenville, SC 29606 SUBJECT: NPDES General Stormwater Permit No. NCGO10000 Project ID: 06-5528 Project Name: The Fitzgerald Buncombe County Dear Mr. Smith; Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. One NorthCarolina NatumlI ff North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Sam Smith July 17, 2007 This letter is also meant to advise you that should you fail to comply with the terms and cond , the Stormwater Construction permit,you could be subject to enforcement as called for in Section, 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation\,, day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously,the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so,please read the Stormwater Construction permit and contact me at(828) 296-4500 if you have any questions or need clarification. Sincerely, rA& Starr Silvis, Environmental Engineer Surface Water Protection Section ARO DWQ Central Files U Michael F.Easley,Governor G William G.Ross Jr.,Secretary _ North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality July 17, 2007 Mr. Al Kopf City of Asheville PO Box 7148 Asheville, NC 28802 SUBJECT: NPDES General Stormwater Permit No. NCGO10000 Project ID: 05-3168 Project Name: Memorial Stadium Buncombe County Dear Mr. Kopf, Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCGO10000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source - discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. One NorthCarol ina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Al Kopf July 17, 2007 This letter is also meant to advise you that should you fail to comply with the terms and condi. the Stormwater Construction permit, you could be subject to enforcement as called for in Secti',,, 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation,, day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously,the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so,please read the Stormwater Construction permit and contact me at (828) 296-4500 if you have any questions or need clarification. Sincerely, Starr Silvis, Environmental Engineer Surface Water Protection Section ARO DWQ Central Files Michael F.Easley,Governor William G,Ross.Ir.,Secretary r_ North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality July 17, 2007 Ms. Kathy Porter Carolina Mountain Properties of)ANC 151 Davie Crockett Road Fairview,North Carolina 28730 SUBJECT: NPDES General Stormwater Permit No. NCG010000 Project ID: 06-3125 Project Name: Providence Place Buncombe County Dear Ms. Porter; Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCGO10000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. One North Caro]ina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Kathy Porter July 17, 2007 This letter is also meant to advise you that should you fail to comply with the terms and con di, the Stormwater Construction permit,you could be subject to enforcement as called for in Sectioi 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation, day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit,that you contact this Office immediately. As mentioned previously,the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so, please read the Stormwater Construction permit and contact me at(828) 296-4500 if you have any questions or need clarification. Sincerely, Starr Silvis, Environmental Engineer Surface Water Protection Section ARO DWQ Central Files RQ Michael F.Easley,Governor 7 William G.Ross Jr.,Secretary 1^ North Carolina Department of Environment and Natural Resources < Coleen H.Sullins,Director Division of Water Quality July 17, 2007 Mr. Douglas Rudd MR Motorsports 26 Oxbow Crossing Road Weaverville,NC 28787 SUBJECT: NPDES General Stormwater Permit No. NCGO10000 Project ID: 06-6167 Project Name: MR Motorsports Buncombe County Dear Mr. Douglas Rudd Recently you were sent an Erosion Control Plan approval from the Division of Land Resources (DLR) regarding the subject development activity. Accompanying the DLR letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Division of Land Resources are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. NorthCarolina Natiaally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Douglas Rudd July 17, 2007 This letter is also meant to advise you that should you fail to comply with the terms and condi-1. the Stormwater Construction permit,you could be subject to enforcement as called for in Section 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation',-, day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit, that you contact this Office immediately. As mentioned previously,the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so,please read the Stormwater Construction permit and contact me at (828) 296-4500 if you have any questions or need clarification. Sincerely, ._j __. j Starr Silvis, Environmental Engineer Surface Water Protection Section ARO DWQ Central Files Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 18, 2007 Lee T Huffman Huffman Finishing Inc PO Box 170 Granite Falls NC 28630 SUBJECT: Compliance Evaluation Inspection Huffman Finishing WWTP Permit No: NCO025135 Caldwell County Dear Mr. Huffman: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection, which I conducted at your facility on July 11, 2007. The facility was found to be in Compliance with permit NC0025135. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Haynes Environmental Specialist Enclosure cc: Shuford Wise, ORC Central Files Asheville Files One NorthCarolina VCI$lll'lll`l,f 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 '., /��� ��_y'; United States Environmental Protection Agency Form Approved. -PA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO025135 111 121 07/07/11 117 18I GI 19I SI 201 I Remarks 2111IIIIIIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIII116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CA --------------------------Reserved---------------------- 67I 169 701 ( 711 I 72I N I 73' Iw( 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 07/07/11 06/01/01 Huffman Finishing 4919 Hickory Blvd Exit Time/Date Permit Expiration Date Granite Falls NC 28630 11:10 AM 07/07/11 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data M Shuford Wise/ORC/828-396-7111/ Shuford Wise/// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lee T Huffman,PO Box 170 Granite Falls NC 28630//828-396-1741/ Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement ®Operations&Maintenance ®Records/Reports Self-Monitoring Program ®Facility Site Review ®Effluent/Receiving Waters Section D: Su mmary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date'' Keith Haynes ARO WQ//828-296-4500/ 7"•P. Don Price Point Source Branch//828-296-4500/ Signature of Managemen A Reviewer Agency/Office/Phone and Fax Numbers / Date Roger C Edwards 1 ARO WQ//828-296-4500/ / 71/A o EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3) NC0025135 I11 12I 07/07/11 I17 18'CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Other than minor exceptions noted in the question section of the report, the plant appears to be well operated and adequately maintained. Maintenance is performed by Huffman employees and not the operator. Page# 2 Permit: NCO025135 Owner-Facility: Huffman Finishing action Date: 07/11/2007 Inspection Type: Compliance Evaluation .,ermit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ ❑ Is the facility as described in the permit? n ■ 1-1 n #Are there any special conditions for the permit? n n ■ n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ ❑ n n Comment: Standby power is listed in the Permit and is on site but is not in working condition. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids, pH,DO,Sludge ■ n n 0— Judge,and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical ■ Are the bars adequately screening debris? ■ n ❑ n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ® n n n Comment: Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ n n n (If units are separated)Does the chart recorder match the flow meter? ■ n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Are weirs level? ■ n n n Page# 3 Permit: NCO025135 Owner-Facility: Huffman Finishing Inspection Date: 07/11/2007 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ® n n n Is the site free of excessive floating sludge? ® ❑ n n Is the drive unit operational? ■ n n n Is the return rate acceptable(low turbulence)? ® n n n Is the overflow clear of excessive solids/pin floc? ® n n n Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ■ n Q n Comment: Oxidation Ditches Yes No NA NE Are the aerators operational? ■ n n n Are the aerators free of excessive solids build up? ■ n n n #Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? n ® n n Is the DO level acceptable? ■ n n n Are settleometer results acceptable(>30 minutes)? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/I) ■ n n n Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) n n n Comment: Entire basin was cover with foam Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n In n Are all pumps operable? ■ n n n Are float controls operable? ■ n n n Are audible and visual alarms operable? ■ n n n #Is basin size/volume adequate? ■ ❑ n n Comment: Pumps are manually operated. One aerator was not in operation. One was recently repaired and had not been placed back in the basin. Page# 4 Permit: NCO025135 Owner-Facility: Huffman Finishing action Date: 07/11/2007 Inspection Type: Compliance Evaluation ,isinfection-Gas Yes No NA NE Are cylinders secured adequately? ® n n n Are cylinders protected from direct sunlight? ■ n ❑ n Is there adequate reserve supply of disinfectant? ■ n n n Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ® n n n Is there chlorine residual prior to de-chlorination? n n n Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? ❑ ■ n n If yes,then is there a Risk Management Plan on site? n n ■ n If yes,then what is the EPA twelve digit ID Number?(1000 - ) If yes,then when was the RMP last updated? Comment: Less than 2500 Ibs are kept on site. Standby Power Yes No NA NE Is automatically activated standby power available? n ■ n n Is the generator tested by interrupting primary power source? n ■ n In Is the generator tested under load? n ® n n Was generator tested&operational during the inspection? n ■ ❑ n Do the generator(s)have adequate capacity to operate the entire wastewater site? n ® n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? n ■ n n Is the generator fuel level monitored? n ® n In Comment: There is a generator on site that was used for the old WWTP. The generator is not operable and would not be able to carry the load for the new plant. De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n In Is storage appropriate for cylinders? n n ® n #Is de-chlorination substance stored away from chlorine containers? ■ n 00 Are the tablets the proper size and type? n n ® n Comment: Sodium Sulfite is mixed with water and added inline between the chlorine contact basin and the step aeration. Are tablet de-chlorinators operational? n ❑ ® n Page# 5 Permit: NC0025135 Owner-Facility: Huffman Finishing Inspection Date: 07/11/2007 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n ❑ n Are the receiving water free of foam other than trace amounts and other debris? ■ o n n If effluent (diffuser pipes are required) are they operating properly? ■ n n n Comment: Effluent pipe allows a fountain effect. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ n Is sample collected below all treatment units? ■ ❑ n n Is proper volume collected? ■ n n n Is the tubing clean? ■ n n n Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ n n (_1 Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ n 1n n Comment: J Page# 6 Michael F.Easley,Governor C' William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources --I Coleen H.Sullins,Director Division of Water Quality July 19, 2007 MEMO TO: Seth Robinson Construction Loans & Grants FROM: Roy Davis Surface Water Protection, ARO SUBJECT: Fast-Track Applications In accordance with your request, attached you will find the following Fast-Track Applications: (1) WQ0031958-Mountain Air Utilities Corporation-Waterfall Cabins. (2) WQ0031959-Rutherford Electric Membership Corporation (3) WQ0031960-Town of Columbus-Highway 108 Sewer Line Improvements (4) WQ0031961-John B. Herron-Bent Creek RV Park (5) WQ0031962-City of Hendersonville-Highland Lake Phase I Xc: Roger Edwards, Regional Supervisor NorthCarolina ,Va&,rally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Michael F. Easley, Governor G -P William G. Ross Jr., Secretary r' North Carolina Department of Environment and Natural Resources Coleen Sullins, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8532 July 19, 2007 Mr. R. Gary Reffit CGR Investments, Inc. 1378 Old Hwy 64 W Hayesville, NC 28904 Subject: Additional Information Request Stormwrater Management Permit Application Tusquittee Trace Clay County Dear Ar. Reffitt: The Division of Water Quality received a Stormwater Management Permit Application for the subject project on May 30, 2007. Our review has determined that the application requires additional information prior to approval. We need the following information,in order to conduct a complete review: 1. Our office requires that qualified registered North Carolina design professional stamp design calculations and drawings. None of the calculations or drawings are stamped. 2. One of our requirements (15A NCAC 02H.1006 (2) (b) ) for the low density option is that stormwater runoff be transported primarily by vegetated conveyances. Our rules require that the side slopes be no steeper than 3:1 (15A NCAC 02H.1008 (c) (2) ) and that the longitudinal slope be no greater than 5%. The plans submitted detail side slopes at 1.5:1, with a hand written note saying that they will be constructed at 3:1. This change should be incorporated into the plans to be stamped prior to re-submittal. If the longitudinal slope is greater than 5%, calculations must be shown detailing shear stress and velocity. Using the calculated shear stress and velocity, appropriate channel liners must be specified such that the ditches will be vegetated. 3. The narrative states that the roads are 18' and 12' wide. The plans show road footprints to be 25' wide. The plans must match the narrative. 4. One of our requirements (15A NCAC 02H.1006 (2) (c) ) for the low density option is there is 30-foot wide vegetative buffer. The plans show a 25-foot buffer. 5. The plans are difficult to read. It is our understanding through conversations with your consultant that the original plans were in color. Please submit original plans in future submittals. ne NoOrthCarolina Natul'6711Y North Carolina Division of Water Quality 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Customer Service Internet: www.ncwaterquality.org Fax (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Reffitt Page 2 of 2 July 19, 2007 The Division of Water Quality is allowed 90 days from the receipt of a complete application to issue the permit. Original documents must be provided; copies are not acceptable. If you have any questions, please contact Ken Pickle of the Stormwater Permitting Unit at (919) 733-7015 ext 584. Be advised that the construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation and Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Sincerely, Starr Silvis, P.E. Environmental Engineer cc: Richard Moore, T.D. Haney Consulting Engineers, 106 Lovers Loop Rd, Asheville, NC 28803 ARO Files Ken Pickle, DWQ, Stormwater Permitting Unit Coleen Sullins, Director G:\WPDATA\DEMWQ\CLAY\Stormwater Management\Tusquittee Trace add-info.doc Michael F,Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins.Director rr! Division of Water Quality Asheville Regional OfficeNO . SURFACE WATER PROTECTION July 19, 2007 Mr. Joe Collins, Mayor Town of Franklin 188 West Main St Franklin, North Carolina 28734 SUBJECT: Compliance Evaluation Inspection Town of Franklin Wastewater Collection System Permit No: WQCS00101 Macon County Dear Mr Collins: Attached you will find the report resulting from the Compliance Evaluation Inspection which I conducted on July 12, 2007. The purpose of the inspection was to evaluate the Town of Franklin's sewage collection system operation and maintenance program. It was my determination that the Town is doing a good job of caring for its collection system. During the inspection I determined that the Town of Franklin charges approximately three times more for the treatment and distribution of water as it does for the collection and treatment of sewage. This surprised me for the reason that many towns find that the cost of collection and treatment of sewage is the same as the treatment and distribution of finished water. In fact, some Towns find that sewerage cost are more than costs relating to finished water. I suggest that the Town of Franklin look at its actual cost of collection and treating sewage to determine if sewer charges are sufficient too meet those costs. With regards to observations made during the July 12, 2007 inspection:The Town of Franklin needs to modify it's Collection System Capital Improvements Plan (CIP) by the addition of a goals statement and description of the existing collection system. Pump station logs need to be modified by the addition of places to record ; inspection and exercising of valves and inspection and lubrication of pumps. The Town has done a good job in terms of providing a map of the collection system. The map should be modified to show pump stations' pumping capacity and sewer age. The latter piece of required map information will take a while but will be very useful for those who will be responsible for system maintenance in the future. P,lpithCarolina ll$C71Y7��Lf 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service '1 877 623-6748 Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have need to discuss any aspect of this report please do not hesitate to call me at 828-296-4500. Sincerely, Roy M. Davis Environmental Engineer Enclosure cc: Mike Decker, Town Administrator Jay Gibson, CSORC, Town of Franklin PERCS Files Surface Water Protection Central Files Asheville Files Compliance Inspection Repot_ .mit: WQCS00101 Effective: 12/31/03 Expiration: 02/28/07 Owner: Town of Franklin SOC:' Effective: Expiration: Facility: Franklin Collection System County: Macon 70 W Main St Region: Asheville Franklin NC 28734 Contact Person: David E Henson Title: Phone: 828-524-2516 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NCO021547 Town of Franklin-Franklin WWTP Inspection Date: 07/1212007 Entry Time: 09:15 AM Exit Time: 11:45 AM Primary Inspector: Roy M Davis y(1 �'�� Phone: 828-296-4500 Secondary nspector(s): Ext.4659 Reason for Inspection: Routine Inspection Type: Compliance Evaluation 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 Regmts (See attachment summary) Page: 1 Permit:WQCS00101 Owner-Facility: Town of Franklin Inspection pate: 07/12/2007 Inspection Type:Compliance Evaluation Reason for Visit: Routine \ Inspection Summary: Collection System Capital Improvements Plan needs a Goals Statement and a description of the existing system. Pump Station logs need addition of a place to record the inspection and exercising of valves and inspection and lubrication of pumps. Page: 2 Permit:WQCS00101 Owner-Facility: Town of Franklin .ispection Date: 07/12/2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? n n n What educational tools are used? Brocures at Town Hall, newsletter. Is Sewer Use Ordinance/Legal Authority available? El n 0 Does it appear that the Sewer Use Ordinance is enforced? Is Grease Trap Ordinance available? n n n Is Septic Tank Ordinance available(as applicable,i.e.annexation) f] n n List enforcement actions by permittee, if any,in the last 12 months None. Has an acceptable Capital Improvement Plan(CIP)been implemented? n n n n Does CIP address short term needs and long term\"master plan\"concepts? rA n n n Does CIP cover three to five year period? a Cl ❑ n Does CIP include Goal Statement? nN n n Does CIP include description of project area? n n n Does CIP include description of existing facilities? n iN n n Does CIP include known deficiencies? n n n Does CIP include forecasted future needs? n ❑ n Is CIP designated only for wastewater collection and treatment? lim n �II n Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? $691,000.00 CIP Comments Needs Goals Statement and description of existing facilities. Is system free of known points of bypass? n n n If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? #Does the sign include: Instructions for notification? [) n C Pump station identifier? 01 0 n 24-hour contact numbers 11 n 11 If no, list deficient pump stations NA Page: 3 Permit:WQCS00101 Owner-Facility: Town of Franklin Inspection Date: 07/12/2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine \ #Do ALL pump stations have an"auto polling"feature/SCADA? n n n n Number of pump stations 10 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 3 Number of pump stations that have only audible and visual alarms 7 Number of pump stations that do not meet permit.requirements 0 #Does the permittee have a root control program? n ■ Q n #If yes,date implemented? Describe: NA Comment: NA Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n n n Are records available that document pump station inspections? ■ n n n Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ n n n �i Are non-SCADA/telemetry equipped pump stations inspected every day? ■ ❑ n Are records available that document citizen complaints? ■ ❑ ❑ n #Do you have a system to conduct an annual observation of entire system? n n ■ n #Has there been an observation of remote areas in the last year? ■ n n n Are records available that document inspections of high-priority lines? ■ n n n Has there been visual inspections of high-priority lines in last six months? ■ n n n Comment: Entire system is routinely observed by residents. Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ n n n Does supervisor review all log books on a regular basis? ■ n n ❑ Does the supervisor have plans to address documented short-term problem areas? ■ n What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas? As needed. Are maintenance records for equipment available? ■ n ❑ n Is a schedule maintained for testing emergency/standby equipment? ■ n n n What is the schedule for testing emergency/standby equipment? Weekly. Page: 4 Permit:WQCS00101 Owner-Facility: Town of Franklin Inspection Date: 0 7/1 212 0 0 7 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? 0 n El Inspecting and exercising all valves? D w rl 0 Inspecting and lubricating pumps and other equipment? ❑ 0 0 n Inspecting alarms,telemetry and auxiliary equipment? 0 Q 0 Is there at least one spare pump for each pump station w/o pump reliability? ri 0 0 Are maintenance records for right-of-ways available? n n M 0 Are right-of-ways currently accessible in the event of an emergency? C] Cl n Are system cleaning records available? 0 CLl rl Has at least 10%of system been cleaned annually? 0 Cl 0 What areas are scheduled for cleaning in the next 12 months? Lake View, Heritage Hollow Is a Spill Response Action Plan available? 0 El [WI Does the plan include: 24-hour contact numbers Cl 11 fl Response time n 0 n Equipment list and spare parts inventory D n n Access to cleaning equipment C-t 0 El Access to construction crews,contractors,and/or engineers Ell 0 C7 Source of emergency funds 0 D Cl Site sanitation and cleanup materials D 0 Post-overflow/spill assessment 0 0 D Is a Spill Response Action Plan available for all personnel? 0 El El Is the spare parts inventory adequate? 01 ❑ Ll Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? El El 0 Are records of SSOs that are under the reportable threshold available? 0 D 0 Do spill records indicate repeated overflows(2 or more in 12 months)at same location? C) n n If yes,is there a corrective action plan? Cl s 011 Is a map of the system available? inD EI 13 Page: 5 Permit:WQCS00101 Owner-Facility: Town of Franklin Inspection Date: 07/12/2007 Inspection Type: Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes ■ ❑ n fl Pipe materials ■ o n n Pipe location ■ ❑ ❑ n Flow direction ■ ❑ n n Approximate pipe age n ,■ f l 0 Number of service taps ■ n ❑ n Pump stations and capacity n ■ ❑ n If no,what percent is complete? 97 List any modifications and extensions that need to be added to the map Pipe age and pump station capacities. #Does the permittee have a copy of their permit? ■ n n n Comment: 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. 143-215.1 C? ■ n ❑ n #Is permittee compliant with all compliance schedules in the permits? ■ n n n If no,which one(s)? Comment: Page: 6 \JqATF Michael F.Easley, Governor William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources > Alan W.Klimek, P.E.Director p" t N, Division of Water Quality Coleen H.Sullins, Deputy-Director Division of Water Quality SURFACE WATER PROTECTION March 23, 2007 CERTIFIED MAIL -7006 2150 0005 2459 7407 CERTIFIED MAIL -7006 2150 0005 2459 7414 RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED William E.&Jean M.McCoy Viktor I.&Galina Z.Kozhokaru 33 Timberwood Drive 61 Bingham Rd Asheville,NC 28806 Asheville,NC 28806 CERTIFIED MAIL-7006 2150 0005 2459 7421 CERTIFIED MAIL - 7006 2150 0005 2459 7438 RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED Scenic View Terrace,LLC Sergey&Oksana Shtempel, Attn: David R.Day 28 Woodberry Lane 6 Roberts Road Asheville,NC 28806 Asheville,NC 28803 RTIFIED M 7006 21 005 245a 7445 CERTIFIED MAIL -7006 2150 0005 2459 7452 R RN R EIPT QU TE-_ RETURN RECEIPT REQUESTED Anato Lyubov Kara oun Volodymyr&Lyudmila Shkinder III rtNN8,806 nal Driv 61 Bingham Rd eville Asheville,NC 28806 CERTIFIED MAIL -7006 2150 0005 2459 7469 CERTIFIED MAIL—7006 2150 0005 2459 7476 RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED Veniamin&Mariya But-Gusaim Matthew R King 36 Timberwood Dr 3 Murough Drive Asheville,NC 28806 Biltmore Lake,NC 28715 CERTIFIED MAIL—7006 2150 0005 2459 7483 CERTIFIED MAIL RETURN RECEIPT REQUESTED-7006 3450 0002 7064 8525 RETURN RECEIPT REQUESTED 2ND MAILING ATTEMPT-JULY 20 2007 Federico M&Maria T Marquez ANATOLI&LYUBOV KARATCHROUN 55 Timberwood Drive 423 KING FISHER LANE Asheville,NC 28806 MILLS RIVER NC 28759 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2007-SS-0007 Removal of Best Usage Other Waste (In-stream sediment) Failure to Secure a 401 WQC General Construction Stormwater Permit NCGO 10000 Serenity Forest Site Buncombe County Dear Sirs: On February 28,2007, Division of Water Quality(DWQ) and Division of Land Resources (DLR) staff from Asheville Regional Office and the Central Office conducted a site visit of the above subject site. During the site visit DWQ and DLR met with Mr. William E. McCoy and Mr. Anatoli Karatchoun. NorthCarolin ��rtirrrr!!y N. C.Division of Water Quality 2090 US Highway 70,Swannanoa,NC 28778 828-296-4500 Asheville Regional Office An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Sereni'y Buncom; NOV-2007-S. During the site visit, DWQ noted several houses under construction by various owners upslope and in the drainage area of the stream onsite, an Pr,ear W DWQ also noted an adjacent and upslope residential area off of Fallen Spruce Drive known as Mt. Carmel Village developed by Scenic View Terrace, LLC. Also during the site visit, DWQ staff observed a stream crossing, measuring approximately 20 feet in length, with two pipes installed. Mr. McCoy explained that this crossing has been in place a number of years,however one of the pipes was installed recently. Upstream of this crossing, approximately 50 feet the streambed had been excavated and there were several rock check dams installed. Mr. McCoy and Mr. Karatchoun explained that this was in response to Buncombe County's request. Downstream from the crossing DWQ observed approximately 270 linear feet of stream impacted from 8" to 12" of sediment and approximately 15 linear feet impacted from an in-stream sediment basin with an installed riser. DWQ records indicate that the sediment impacts are on the property of Mr. McCoy, Lot #'s 5807 and 4021, according to the Buncombe County website. Mr. McCoy and Mr. Karatchoun explained that the sediment basin was also in response to Buncombe County's request. Downstream of the sediment basin, DWQ observed a large area of land disturbance and fill material for development purposes including Lot # 5296 owned by Scenic View Terrace, LLC and Lot # 6576 owned by Anatoli and Lyubov Karatchroun, according to the Buncombe County website. This fill material and land disturbance was located near the intersection of New Leicester Highway and Timberwood Drive. Under this fill material, more than 400 feet of the stream has been impacted from earthen fill and pipe installation. A large borrow pit was also observed on Lot#6576 with an installed corrugated pipe leading to the roadside ditch. As a result of the site inspection and file review, the following violations and issues are detailed below: 1. Removal of Best Usage 2. Other Waste(In-stream sediment) 3. Failure to Secure a 401 WQC 4. General Construction Stormwater Permit NCG010000 Item 1. Violation of Title 15A NCAC 02B .0211 (2)-Removal of Best Usage The streambed excavation, installation of the rock check dams, installation of the stream crossing, installation of the sediment basin and riser within the stream, and the placement of earthen fill and pipe represent violations of Title 15A NCAC 02B .0211 (2) which states, "The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard." Item 2. Violation of Title 15A NCAC 02B .0211 (3)f—Deposition of Sediment The stream impacts from sediment deposition represent violation of Title 15A NCAC 02B .0211 (3) f which states "Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses;" Page 3 of 5 Serenity Forest Site Buncombe County NOV-2007-SS-0007 Item 3. Violation of Title 15A NCAC 2H .0500 — Failure to Secure a 401 Water Quality Certification The impacts in Item 1 require authorization from DWQ with a 401 Water Quality Certification. DWQ file review revealed that a 404 permit Nationwide 39 was issued to David Day for 150 feet of stream impacts. DWQ observed impacts to over 400 feet of stream from earthen fill and pipe installation. The file review also confirmed that a Pre-construction Notification has not been received by the Division of Water Quality for this project and that a 401 Water Quality Certification has not been issued. Item 4. Construction Stormwater General Permit NCGO10000 Land disturbances of 1 acre or greater, including the large area of land disturbance located near the intersection of New Leicester Highway and Timberwood Drive (Lot# 5296 owned by Scenic View Terrace, LLC and Lot # 6576 owned by Anatoli and Lyubov Karatchroun), requires an Erosion and Sedimentation Control Plan approved by the Division of Land Resources or the appropriate delegated agency. Upon the approval of an Erosion and Sedimentation Control Plan, the site is also covered under a General Permit (NCG010000) to discharge stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15A North Carolina Administrative Code 211 .0100. Adherence to the approved Erosion and Sedimentation Control Plan is an enforceable component of the General Permit. The General Permit not only requires that you follow the specifications of the approved Plan, but also includes inspection and record keeping requirements for the project site. Some of the other major permit requirements are outlined below. A full copy of this permit (NCGO10000) may be obtained on line at http://h2o.enr.state.ne.us/su/Forms—Documents.htm#StormwaterGP or at your request. A. A rain gauge must be maintained on site and a record of the rainfall amounts and dates shall be kept by the permittee. B. The permittee must inspect all erosion and sedimentation control measures at least once every seven calendar days [more often in some areas (Part I, Section B-1)] and within 24 hours after any storm event of greater than 0.5 inches of rain per 24-hour period. C. Stormwater runoff discharges must be inspected by observation for stormwater discharge characteristics as defined in the permit (Part I, Section B-2) at least once every seven calendar days [more often in some areas (Part I, Section B-1)] and within 24 hours after any storm event of greater than 0.5 inches of rain per 24-hour period to evaluate the effectiveness of the pollution control facilities or practices. D. The permittee shall retain records of all monitoring information for a period of at least 5 years from the date of the sample, measurement, report or application (Part I, Section B-3; Part 11, Section D-3). Required Response This Office requires that you respond to this letter in writing within 30 days of receipt of this Notice. Your response should be sent to both this office at the letterhead address and to the attention of Mr. Shelton Sullivan at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. Your response should address the following items: 1. Please explain the history of the above sites including when grading and construction began. Serenity',, Buncombe NOV-2007-SS 2. Please explain why these impacts occurred without prior authorization. 3. Please provide documentation that all jurisdictional water features (e.g. streams, wetlands). This plan should also describe and quantify the impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. 4. Please submit the following documents for review and approval: a. Stream Restoration Plan(earthen fill and pipe impacts)—Please explain how you plan to restore the pattern,profile and dimension of the impacted stream channels to include the removal of pipes, fill and riprap. The streambed must be restored to the original profile, the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. b. Permit Application — If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not permittable. c. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted. d. Stream Restoration Plan (sediment impacts) — Sediment impacts to the streams onsite and downstream of the site must be removed. As a part of this plan, you should provide the amount (depth) of material that has been deposited in the floodplain, stream and any wetlands. This information should be depicted on a map you provide, It is recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the stream channel. The j sediment should be removed from the channel, taken to high ground away from the stream channel and stabilized. Also, the plan must address the measures that will be used for temporary stabilization/sediment control while this work is under way. e. You are encouraged to secure a consultant to assist you with your plan development, permit, certification and authorization necessary to achieve compliance. 5. It is required that you contact the Division of Land Resources and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance wit l the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. 6. Please explain your compliance with your Construction Stormwater General Permit NCGO10000 for Lot#5296 owned by Scenic View Terrace, LLC and Lot# 6576 owned by Anatoli and Lyubov Karatchroun, according to the Buncombe County website. a. Please explain when you anticipate being in full compliance with the Construction Stormwater Permit and your Erosion and Sediment Control Plan. b. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as detailed in Item 4. above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute Page 5 of 5 Serenity Forest Site Buncombe County NOV-2007-SS-0007 violations of the subject NPDES NCGO 10000 stormwater permit. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at(828)296-4500. Sincerely, Roger Edwards,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: Danny Smith—NPS Assistance and Compliance Oversight Unit RO File Copy DWQ Central Files DLR-ARO -Laura Hubert Buncombe County—Erosion Control U.S. Army Corps of Engineers—Asheville Regulatory Field Office Buncombe County-Building Inspector NC Wildlife Resources Commission—David McHenry Michael F. Easley, Governor - � William G. Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 20, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8587 Mr. Thomas Marsalona Toxaway Falls Inc. 115US Hwy 64W Leicester, NC 28748 Subject: NOTICE OF VIOLATION NOV-2007-LV-0393 Permit No. NCO052043 Toxaway Falls WWTP Transylvania County Dear Mr. Marsalona: A review of Toxaway Falls WWTP's monitoring report for April 2007 showed the following violations: Reported Value Limit Type Parameter Date Limit Value Fecal Coliform, 04/17/07 400 600 Daily Maximum membrane filter, colonies per colonies per Exceeded M-FC Broth at 44.5 100 ml 100 ml degrees Celcius NorthCarolina Natumllff North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 FAX(828)299-7043 Mr. Thomas Marsalona Toxaway Falls Inc. Page 2 of 2 July 20, 2007 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report(DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the.DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828- 296-4500 extension 4656. Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section M. Bob Guerra, Western NPDES Point Source Compliance Enforcement DWQ Central Files 1 Asheville Regional Office facility files Wesley Royal, ORC r Michael F.Easley,Governor F�Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources PColeen H.Sullins,Director Division of Water Quality July 23, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8563 Mr. Thomas E. Hartye, PE Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, North Carolina 28804 Subject: NOTICE OF VIOLATION Permit No. WQCS00004 Metropolitan Sewerage District of Buncombe County (MSD) MSD Collection System Buncombe County Dear Mr Hartye: A review has been conducted of the MSD's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Reports. This review has shown the subject facility to be in violation of the requirements found in the MSD's Collection System Permit (WQCS00004) and/or G.S. 143-215.1(a)(1). The violations are summarized below: NOV# Violation Location Cause Volume Date NOV-2007-DV-0102 05/31/2007 158 Coleman Avenue Grease 100 gal NOV-2007-DV-0103 06/01/2007 30 Macon Avenue Aged Pipe 750 gal NOV-2007-DV-0104 06/06/2007 5 Weaverville Road Aged Pipe 4,743 gal NOV-2007-DV-0105 06/11/2007 5 Weaverville Road Aged Pipe 3,880 gal The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to these incidents. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Please note that due to the continued high numbers of SSOs in North Carolina the Division has implemented a new SSO enforcement policy that became effective on May 15, 2007. Nopll hCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Naturally Internet:wwwnewaterquality.org FAX (828)299-7043 1-877-623-6748 Thomas E. Hartye July 23, 2007 Page 2 �. Beginning June 1, 2007 and lasting through December 1, 2007 any reportable SSO will result in the issuance of a Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be assessed for SSOs based on volume, volume reaching surface waters, duration, gravity, impacts to public health, fish kills, or recreation area closures. Other factors considered in determining the amount of the civil penalty are the violator's spill history, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality ' Asheville Region Cc: PERCS Unit Barry Cook, CSORC, MSD Roy Davis ` Michael F.Easley,Governor G }? William G.Ross Jr.,Secretary C North Carolina Department of Environment and Natural Resources --1 Coleen Sullins,Director Division of Water Quality July 24, 2007 DWQ Project# 1996-1158 Version 2. Haywood County Timothy L. Howard New Hope Church of God 24 Hallelujah Drive Waynesville,NC 28786 Subject Property: New Hop Church of God Mauney Cove Branch Approval of 401 Water Quality Certification with Additional Conditions Dear Rev. Howard: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 16 linear feet of streams and restore 80 linear feet of streams for the purpose of Church Expansion at the subject property, as described within your application dated April 25, 2007, and additional information provided on May 24, 2007 After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 and 3495 (GC3402 and GC3495). The Certification(s) allows you to use Nationwide Permit(s) 27 and 39 and when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and trout buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose that you described in your application. Note that this approval does not allow for the retention of the unpermitted 80 foot culvert and junction box as no justification for this impact was included in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. NortliCarolina 401 Wetlands Certification Unit �GZtl1CG1��� 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet:http://h2o.enr.state.nc.us/ncvvetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper New Hope C.. r. July�, The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) Mauney Cove 16 (linear feet) Culvert extension UT to Mauney Cove 80 (linear feet) Culvert removal and stream restoration 2. Erosion& Sediment Control Practices 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 J North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment&Erosion Control Measures w/n Wetlands or Waters New Hope Church of God Page 3 of 3 July 24,2007 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,NC, 27699-1650. 6. Stream Restoration(Final Plan Needed) Before any of the impacts authorized in this Certification occur, you must provide and receive written approval from this Office for a final stream restoration plan. The plan must include designs and specifications that meet the definition of stream restoration (or enhancement if no relocation is proposed) according to the latest version of the Internal Technical Guide for Stream Work in North Carolina (available at http://h2o.ehnr.state.nc.us/ncwetlands/strmgide.html). The stream and buffer restoration must be constructed, maintained, and monitored according to the plans approved by this Office. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. The restored stream must be preserved in perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans. 7. Disturbed banks and a 25-foot woody, vegetated zone, must be restored along all stream banks throughout the property to natural riparian conditions with native trees and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore) to provide long-term bank stability and stream shading. Note, silky dogwood, silky willow and black willow can be planted as live stakes collected during the dormant growing season. Cuttings should be randomly planted on four (4) foot centers from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be seeded with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. The restored buffer must be preserved in perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans. 8. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected riparian zones such that it will not re-concentrate before discharging into a stream. 9. Water Quality Certification Notifications New Hope Ci. P July , The permittee must provide a copy of this issued Water Quality Certification and attache, cover letter to each property owner where the approved work will be performed. 10. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4657. Sincerely, �t Coleen Sullins, Director Division of Water Quality CS/KHB Enclosures: GC 3402 GC3495 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office David McHenry,NC Wildlife Resources Commission File Copy Central Files Filename: 96-1158.Ver2.NewHopeChurchofGod.Haywood.Approval /- �A r� Michael F.Easley,Governor Gy William G.Ross Jr.,Secretary {• North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality July 24, 2007 Greg Daughtry ONUG Communications 3 315 Atlantic Avenue Raleigh,NC 27604 Subject: Aerial Fiber Optic Cable Installation Duke Power Lake Management Area Macon County Dear Mr. Daughtry: The Division of Water Quality is in Receipt of your project perspectus describing the installation of an aerial fiber optic cable across Duke Power Lake Management Areas to provide service to the Highlands School. As the project shows no impacts to waters of the state (wetlands nor streams),this office has determined that a Clean Water Act Section 401 authorization would not be required. Should you discover that impacts to waters of the state are required for this project,you should contact this office immediately. Should you have any further questions,please do not hesitate to contact Kevin Barnett at 828-296- 4657. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Division of Water Quality cc: Lisa Leatherman, Duke Energy Lake Management NorthCarolina Xatitrally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Q Michael F. Easley, Governor ram' William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources iwa Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED BAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8549 July 24, 2007 Mr. Kenneth L Westmoreland County Manager 399 Grindstaff Cove Road Sylva, NC 28779 Subject: Permit application Return Jackson County Recreation Center - Sitework Improvements Jackson County Dear Mr. Westmoreland: On February 26, 2007 the Division of Water Quality, Asheville Regional Office received your application for State Stormwater Management Permit at the subject site located in Cashiers, North Carolina. On April 16, 2007 the Division of Water Quality sent an Additional Information Request, which required a written response within 30 days. A written response has not been received by this office as of July 24, 2007. For this reason your application is being returned as unprocessed. Resubmittal will require payment of the $420 permit application fee, as well as all new documents including permit application and site plans. The Division of Water Quality is allowed 90 days from the receipt of a completed application to issue the permit. Original documents must be provided; copies are not acceptable. If you have any questions, please contact me via e-mail at starr.silvis(abncmail.net. Be advised that the construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation and Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A Sincerely, a , Starr Silvis, P.E. Environmental Engineer Asheville Regional Office (828) 296-4665 cc: Asheville Regional Office Mr. Victor Lofquist, Lofquist &Associates, Inc., 11 Citrus Drive, Sylva, NC 28779 DWQ Central Files One NorthCarolina ,Vaturallry North Carolina Division of Water Quality 2090 US Hwy 70,Swannanoa,NC 28778 Phone(828)296-4500 Internet: www.ncwaterquality.org Fax (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Q Michael F. Easley, Governor t�i 7 William G. Ross Jr., Secretary r' North Carolina Department of Environment and Natural Resources --1 Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8556 July 24, 2007 Mr. Richard Fritts 54 JP Huggins Dr. Hendersonville, NC 28791 Subject: Additional Information Stormwater Management Permit Application Preserve at Pinnacle Henderson County Dear Mr. Fritts: The Division of Water Quality received a Stormwater Management Permit Application for the subject project on June 6, 2007. Our preliminary review has determined that the project is not in compliance with the rules governing the Stormwater Management Permit program. The following items must be clarified or changed prior to receiving approval: 1. One of our requirements (15A NCAC 02H.1006 (2) (b) ) for the low density option is that stormwater runoff be transported primarily by vegetated conveyances. While you may have rip-rap lined channels in small areas (for instance where slopes are steep) the majority of the conveyances must be vegetated in order for the project to conform to the low density option. The plans submitted show primarily rip-rap lined ditches with side slopes at 2:1. Our rules require that the side slopes be no steeper than 3:1 for vegetated conveyances (15A NCAC 02H.1008 (c) (2) ). 2. The plans show the majority of the ditches to be steeper than 5%. If the longitudinal slope is greater than 5%, calculations must be shown detailing shear stress and velocity. Using the calculated shear stress and velocity, appropriate channel liners must be specified such that the ditches will be vegetated. The Division of Water Quality is allowed 90 days from the receipt of a completed application to issue the permit. Original documents must be provided; copies are not acceptable. Two copies of all plans, specifications, and permit documents must be submitted. If you have any questions, please contact me via e-mail at starr.silvis@ncmail.net. ne NorthCarolina Natla',alllf North Carolina Division of Water Quality 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Customer Service Internet: www.ncwaterquality.or Fax (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Fritts Page 2 of 2 July 24, 2007 Be advised that the construction of any impervious surfaces, other than a construction entrance`, under an approved Sedimentation and Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please respond in writing within thirty (30) days of receipt of this letter. Your response must include at a minimum your plans for addressing the above listed deficiencies. Sincerely, Starr Silvis, P.E. Environmental Engineer Asheville Regional Office (828) 296-4665 cc: Mr. Scott Roach, Odum, Hollifield and Associates, 152 E. Main Street, Forest City, NC 28043 Mr. Mike Witt, 54 JP Huggins, Dr, Hendersonville, NC 28791 ARO Files Ken Pickle, DWQ, Stormwater Permitting Unit Central Files i SURFACE WATER PROTECTION July 24, 2007 TO WHOM IT MAY CONCERN: FROM: Donald R. Price SUBJECT: WASTEWATER TREATMENT EXAMINATION REVIEWS The following date is reserved for you to review your exam taken in Morganton in June, 2007. You only have one hour to review your exam, so please be on time. THIS WILL BE THE ONLY OPPORTUNITY YOU WILL HAVE TO REVIEW THESE EXAMS. Thursday, August 2, 2007 N. C. DENR, Asheville Regional Office Conference Room @ 3:00 p.m. to 4:00 p.m. 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 (Directions to N.C. DENR are enclosed) PLEASE BE ON TIME! You are allowed to review the exam only ONCE. The Certification Commission has initiated the following exam review policy. YOU WILL HAVE ONE HOUR IN WHICH TO REVIEW YOUR EXAM. During this time you will be allowed to review a blank exam and printout of your responses for each exam question. The printout will list the answers that you selected and the correct answers. Incorrect responses will be marked with an X. NO NOTES CAN BE TAKEN. If you have questions, please call me at 828/296-4500 If you have any comments that you wish to express regarding the exam review policy, please direct them in writing to: Certification Commission Ashley House 1618 Mail Service Center Raleigh, North Carolina 27699-1618 �� A �- �, �_ ,'\ ;, T � Michael F.Easley,Govemor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director Division of Water Quality July 25, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8600 Mr. Tom Kilpatrick Etowah Sewer Company Post Office Box 1659 Etowah, North Carolina 28729 Subject: NOTICE OF VIOLATION Permit No. WQCSDO135 Etowah Sewer Company Etowah Sewer Company Collection System Henderson County Dear Mr. Kilpatrick: A review has been conducted of the Etowah Sewer Company's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the regulatory requirements applicable to deemed permitted collection systems and/or G.S. 143-215.1(a)(1). The violations are summarized below. NOV# Violation Location Cause Volume Date NOV-2007-DV-0106 05/18/07 WWTP Lift Station Equipment 500 gal Failure The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incident. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Please note that due to the continued high numbers of SSOs in North Carolina the Division has implemented a new SSO enforcement policy that became effective on May 15, 2007. N' hCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Ivaturallrm Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 Tom Kilpatrick July 25, 2007 Page 2 , Beginning June 1, 2007 and lasting through December 1, 2007 any reportable SSO will result in the issuance of a Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be assessed for SSOs based on volume, volume reaching surface waters, duration, gravity, impacts to public health, fish kills, or recreation area closures. Other factors considered in determining the amount of the civil penalty are the violator's spill history, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Roy Davis f Michael F.Easley,Governor Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director a Division of Water Quality L3 .� July 25, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8594 Mr. David Medling Transylvania Utilities, Inc. 5999 Greenville Highway Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION Permit No. WQCS00219 Transylvania Utilities, Inc. Transylvania Utilities Collection System Transylvania County Dear Mr. Medling: A review has been conducted of the Transylvania Utilities Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in Transylvania Utilities Collection System Permit Number WQCS00219 and/or G.S. 143-215.1(a)(1). The violations are summarized below. NOV# Violation Location Cause Volume Date NOV-2007-DV-0107 06/18/07 Unit 26, Lot 18 Equipment 500 gal Failure The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incident. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Please note that due to the continued high numbers of SSOs in North Carolina the Division has implemented a new SSO enforcement policy that became effective on May 15, 2007. Nao'rthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Naturally Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 David Medling July 25, 2007 Page 2�' Beginning June 1, 2007 and lasting through December 1, 2007 any reportable SSO will result in the issuance of a Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be assessed for SSOs based on volume, volume reaching surface waters, duration, gravity, impacts to public health, fish kills, or recreation area closures. Other factors considered in determining the amount of the civil penalty are the violator's spill history, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region 1, ,1 Cc: PERCS Unit Roy Davis Michael F.Easley,Governor (i William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources A43 i Coleen H.Sullins,Director Division of Water Quality July 25, 2007 McDowell County WQ Project No. 071060 USFS Road 482(1) (Curtis Creek Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr.Kevin S.Rose Environmental Compliance Specialist U. S. Department of Transportation Federal Highway Administration 21400 Ridgetop Circle Sterling,Virginia 20166-6511 Dear Mr.Rose: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in Licklog Branch and Bear Drive Branch, for the purpose of replacing a bridge on NFSR 482(1), Curtis Creek Road in McDowell County: Stream Impacts in the Catawba River Basin Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Total Stream Stream in Intermittent Intermittent Stream Perennial Stream Dewatering in . Impact Impacts Stream(linear (linear ft) (linear ft) Perennial Stream (linear ft) Requiring ft) (linear ft) Mitigatio n(linear ft) Site 1 60 60 0 Site 2 52 52 Total 112 112 0 Total Stream Permanent Impact for Project: Temporary Impact: 112 linear feet. The project should be constructed in accordance with your application dated June 15, 2007 (received June 20, 2007), 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. 3634. This Certification corresponds to Nationwide Permit Number 33 issued by the U.S. Army Corps of Engineers. 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 will expire with the accompanying 404 Permit. 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 the 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. orc NhCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr.Kevin S. Rose July 25,2007 Page Two 1. Erosion and sediment control practices must be in full compliance with all specifications governing the prof design, installation and operation and maintenance of such Best Management Practices in order to protect surfaet. 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. 2. 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 be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 3. 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. 4. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover should be planted on all bare soil within fifteen (15) days of ground disturbing,,_," activities to provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are defined as those slopes graded at an angle, which cannot retain vegetative cover. Matting shall be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 5. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction of the roadway. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or 11 (WS-1, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 7. Bridge deck drains should not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer the most current version of the Division of Water Quality's Stormwater Best Management Practices Manual. 8. Demolition and Removal of the old bridge structures must follow US Army Corps of Engineers requirements. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods,black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. Riprap shall not be place in the active thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 11. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. /_ 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimiz%.:' sedimentation and reduce the introduction of other pollutants into the stream. 13. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. �e The dimension, pattern and profile of the stream above and below the bridge shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 15. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures such as sandbags, rock berms, cofferdams and other diversion structures should be used to prevent excavation in flowing water. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. If concrete is used during construction(e.g., headwalls), a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the US Forest Service or the on-site project manager. 20. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification. 21. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work. 22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or protected riparian buffers. 23. Upon completion of the project, the Federal Highway Administration Project Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality,2321 Crabtree Blvd., Suite 250,Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828-296-4500. Sincerely, t Coleen H. Sullins,Director Division of Water Quality cc: Lynn Hicks,USFS,Pisgah National Forest David Baker,USACE Asheville Field Office Transportation Permitting Unit Mike Parker,Asheville Regional Office / '_\ j j� ,BAT, Michael F. Easley, Governor P� William G. Ross Jr., Secretary 1 _y North Carolina Department of Environment and Natural Resources 7 Coleen H. Sullins, Director o qs=r a Division of Water Quality Asheville Regional Office July 25, 2007 Mr. Robert W. Ingalls Apple Hill of Banner Elk, LP Post Office Box 1959 Banner Elk, North Carolina 28604 Subject: Permit No. WQ0031924 Apple Hill of Banner Elk, LP Apple Hill Development Wastewater Collection System Extension Avery County Dear Mr. Ingalls In accordance with your application received on June 26, 2007 we are forwarding herewith Permit No. WQ0031924 dated July 25, 2007, to Apple Hill of Banner Elk, LP for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis or Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design , Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. it shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 One NorthCarolina DENR Customer Service Center Telephone 1 800 623-7748 �Iylgturallrf An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Apple Hill of Banner Elk, LP July 25, 2007 Page In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Apple Hill of Banner Elk, LP for the construction and operation of approximately 685 linear feet of 8-inch diameter gravity sewer to serve a commercial development and the discharge of 1,950 gallons per day of collected domestic wastewater into the Town of Banner Elk's existing sewerage system, pursuant to the application received on June 26, 2007 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 Banner Elk's Wastewater Treatment Facility (Permit No. NC0032115) prior to being discharged into the receiving stream. 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 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Avery County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0032115) Alan J. Crees, PE Town of Banner Elk Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES APPLE HILL OF BANNER ELK, LP APPLE HILL PLANNED COMMERCIAL DEVELOPMENT-PHASE 1 AVERY COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0031924 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 ,0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No WQ0031924 Apple Hill of Banner Elk LP Apple Hill Planned Commercial Dev., Avery Co.. Ju,. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection,, facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers,pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. in the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water 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 WQ0031924 Apple Hill of Banner Elk LP Apple Hill Planned Commercial Dev Avery Co July 25 07 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 25th day of July, 2007 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for C leen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0031924 3 Permit No.W00031924. Apple Hill of Banner Elk LP, Apple Hill Planned Commercial Dev., Avery Co.. Ju, ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 685 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form.Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. 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; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ..........._........................................ SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................... ............: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. i Michael F.Easley,Governor William G.Ross Jr.,Secretary l• North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 25, 2007 Bill Hall Omni Supply PO Box 99 Patterson NC 28661 SUBJECT: Compliance Evaluation Inspection River Road Site Permit No: NC0006254 Caldwell County Dear Mr. Hall: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at your facility on July 11, 2007. Don Price and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NC0006254. Please refer to the enclosed inspection report for additional observations and comments. Pay particular attention to the need for grass and weeds, growing around the facility, to be kept cut. If you or your staff, have any questions, please do not hesitate to contact me at 828-296-4500. Sincer y Keith Haynes Environmental Specialist Enclosure cc: Douglas Hill Lee, ORC Central Files Asheville Files James Pugh N'.' CK rolina Naturally2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. ..PA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00006254 ( 11 121 07/07/11 117 181 CI 191 SI 20I Remarks 21IIIIIIIIIIII1111111111111IIIIIIIIIIIIIIII1111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70II 711 I 721 N I 73I 174 751 I I I I I I 180 Section B: Facility Data I� Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) River Road Site 01:00 PM 07/07/11 05/05/01 River Rd Exit Time/Date Permit Expiration Date Patterson NC 28661 02:00 PM 07/07/11 08/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Chad Shuford/// Douglas Hill Lee/ORC/828-396-4444/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Bill Hall,PO Box 99 Patterson NC 28661//828-758-5151/8287574818 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement ®Operations&Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ Don Price w Point Source Branch//828-296-4500/ �f/ � /0 7 Signature of Managementt�Q AA Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards AeA� ARO WQ//828-296-4500/ '�� EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 31 NC0006254 111 121 07/07/11 117 18I01 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) It was discovered that a flocculant is added to the influent at the influent pump station in order to improve settling in the dual fiber settling basins. This may cause the WWTP classification to be modified to a physical chemical class in addition to the current Grade I biological class. Please note the need for the weeds and other vegetative growth to be keep mowed around the waste water treatment plant and also the effluent pipe. Page# 2 Permit: NC0006254 Owner-Facility: River Road Site -ction Date: 07/11/2007 Inspection Type: Compliance Evaluation iperations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n ■ n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n Judge,and other that are applicable? Comment: The grounds around the aeration basin and settling basins should be mowed more frequently. Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n n ■ n Is access to the plant site restricted to the general public? ■ ❑ n n Is the inspector granted access to all areas for inspection? ■ ❑ n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air - Type of aeration system Surface Is the basin free of dead spots? n ■ n In Are surface aerators and mixers operational? n ■ n In Are the diffusers operational? n ❑ ■ ❑ Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n In Is the DO level acceptable? n n ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Comment: One of the aerators was out for repairs. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ® ❑ n ❑ Is flow meter calibrated annually? ■ ❑ n n Is the flow meter operational? ■ n n n (If units are separated)Does the chart recorder match the flow meter? n n ■ n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n ■ 00 Page# 3 Permit: NC0006254 Owner-Facility: River Road Site Inspection Date: 07/11/2007 Inspection Type: Compliance Evaluation \ NA NE No \ Effluent Pipe Yes � Are the receiving water free of foam other than trace amounts and other debris? n n n If effluent (diffuser pipes are required) are they operating properly? Q n ■ n Comment: There should be a cleared path to the end of the effluent pipe. Page# 4 Memorandum To: Susan Wilson, Supervisor, Western NPDES Through: Roger Edwards, Regional Supervisor, SWP.�Ilr- From: Janet Cantwell/ Environmental Specialist Re: No Remission of LM-2007-0022 Eden's Glen MHP WWTP (Buncombe Properties/ Ms. Leigh Young) NCO068152 Buncombe County Date: July 25, 2007 Brief History: David Abernethy/ORC was employed by James & James Environmental, a contract operating firm for Eden's Glen WWTP through April 2005. Mr. Abernethy opened his own operations firm called Eco-Guardian and began operating at Eden's Glen in May 2005. NOV-2006-LR-0051 (dated July 21, 2006) was issued from Raleigh to Eden's Glen for failure to submit the May 2006 DMR. Also mentioned was the fact that the September 2005 DMR had been received late and is also considered a violation. NOV-2006-LR-0051 (dated August 8, 2006) was resent from Raleigh to Eden's Glen stating the May 2006 DMR has not been submitted. LR-2006-0033 (dated October 5, 2006) was issued from Raleigh to Eden's Glen for failure to submit the May and July 2006 DMRs. (The fine of$600.00 was remitted to $350.00 in a letter dated April 2, 2007.) LR-2006-0034 (dated October 23, 2006) was issued from Raleigh to Eden's Glen for failure to submit the May, July, and August 2006 DMRs. (The fine of$1100.00 was remitted to $600.00 in a letter dated April 2, 2007.) The last DMR signed by Mr. David Abernethy/ORC for Eden's Glen was for October 2006 and was stamped as being received by Central Files on November 20, 2006. The November 2006 DMR has not been received from Eden's Glen to date. 2 The first 13 days of the December 2006 DMR are blank. The December 2006 DMk, shows weekly monitoring by Environment Inc. at Eden's Glen began on December 14;, 2006 for BOD, NH3, TSS & Fecal. Twice weekly monitoring for Total Residual Chlorine and weekly monitoring for Flow, Temperature and pH were blank. Weekly monitoring of Flow, BOD, TSS, NH3, Fecal, Temperature and pH and twice weekly monitoring of Total Residual Chlorine began December 21 & 22, 2006 by Mark Teague of Environmental Inca It was stamped as being received by Central Files on February 9, 2007. We request that no remission for this violation be given. t DWQ CIVIL ASSESSMENT REMISSION FACTORS Number: LM-2007-0022 Region: AR County: Buncombe assessed Entity: Eden's Glen MIIP WWTP Permit: NCO068152 ASSESSMENT FACTORS ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Notes: No. The facility was not monitored and no samples were taken during the first 13 days of December 2006. Monitoring of BOD,NH3,TSS,&Fecal began on December 14,2006,however, Flow,pH,Temperature&Total Residual Chlorine were not monitored until December 21 &22, 2006. ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Notes: No. ❑ (c) Whether the violation was inadvertent or a result of an accident: Notes: Neither. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: Notes: There were two enforcements for July&August 2006 for late/missing DMRs: LR-2006- 0033 for$600,remitted down to$350. LR-2006-0034 for$1,100,remitted down to$500. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Notes: No. Money was saved by not having to pay an Operator in Responsible Charge and sampling for the first two weeks of December 2006. DECISION(Check One) Rev.7/2007 Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? Yes ❑ No ❑ Partial Remission ❑ $ (Enter Amount) Coleen H. Sullins Date DIVISION OF WATER QUALITY-CIVIL I PENALTY ASSESSMENT(FILE) Violator: Buncombe Properties/Eden's Glen IlMobile Village County: Buncombe Case Number: LM-2007-0022 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b),which are: 1) The degree and extent of harm to the natural relsources of the State,to the public health,or to private property resulting from the violation; i The facility was not monitored during the first 13 days of December 2006. There is no way of knowing what the monitoring results would have b',een and if there were any problems. All effluent violations are detrimental to the receiving stream. 2) The duration and gravity of the violation; The facility was not monitored during the first 13 days of December 2006. Monitoring began again on December 14,2006,however Flow,pH, Temperature, &Total Residual Chlorine were not monitored until December 21 &22,2006. Daily Maximum for Fecal Coliform was 200% over the limit. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations are detrimental to the receiving stream. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance;l, Money was saved by not having to pay an Operator in Responsible Charge and sampling for the first two weeks of December 2006. 6) Whether the violation was committed willfully or intentionally; It is unknown; however, it still has an effect on the receiving stream. 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 There were two enforcements for July and August 2006 for late/missing DMRs: one for$500 and the other for$1000. 8) The cost to the State of the enforcement procedures. $130.15. Date R ge' C.Edwards,Regional Supervisor Surface Water Protection Asheville Regional Office Michael F. Easley, Governor p William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources iC Coleen H. Sullins, Director © < Division of Water Quality Asheville Regional Office July 26, 2007 Mr. Joe Milo, Co-Owner National Investments, LLC Post Office Box 293 Hiwassee, Georgia 30546 Subject: Permit No. WQ0031941 National Investments, LLC Ridges at Mountain Harbor, Phase 11 Wastewater Collection System Extension Clay County Dear Mr. Milo: In accordance with your application received on June 26, 2007 we are forwarding herewith Permit No. WQ0031941, dated July 26, 2007, to National 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 incorporated therein by reference. Please send Roy Davis or Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Ctiteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org One NorthCarotina 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 Natmrallrf DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper National Investments, LLC July 26, 2007 P, 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 National Investments, LLC for the construction and operation of approximately 5,470 linear feet of 6-inch diameter gravity sewer; five sewage pumping stations as follows; two (2) 20 gallon per minute; a 22 gallon per minute; a 45 gallon per minute; and a 25 gallon per minute; all with grinder type duplex pumps, on-site audible and visual high water alarms and a portable generator receptacle with telemetry as well as approximately 6,235 linear feet of 2-inch diameter force main, approximately 5,925 linear feet of 3-inch diameter force main and 390 linear feet of 4-inch diameter force main to serve Phase 11 of the Ridges at Mountain Harbor, a residential community. The sewage collected by this system has been authorized by an earlier permit. This permit is issued pursuant to the application received on June 26, 2007 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 Clay County Water and Sewer District Wastewater Treatment Facility (Permit No. NC0026697) prior to being discharged into the receiving stream. 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 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Cd een H. Sullins, Director Division of Water Quality cc: Clay County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0026697) T. Dean Haney, PE Clay County Water & Sewer District, Layton Schuh Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NATIONAL INVESTMENTS, LLC RIDGES AT MOUNTIN HARBOR, PHASE II CLAY COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0031941 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided.as required by North Carolina General Statute §143-215.1 C. 1 Permit No WQ0031941 National Investments LLC Ridges at Mountain Harbor, Phase ll, Clay Co.. Jur. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collecti, facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water 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 .JQ0031941. National Investments LLC Ridges at Mountain Harbor Phase it Clay Co July 26 2007 Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 26`" day of July, 2007 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION l for Co en H. Sullins, Director Division of Water Quality - By Authority of the Environmental Management Commission Permit Number WQ0031941 3 Permit No W00031941 National Investments, LLC. Ridges at Mountain Harbor, Phase Il, Clay Co.. Jug, ENGINEERING CERTIFICATION POST CONSTRUCTION System Description: approximately 5,470 linear feet of 6-inch diameter gravity sewer; five sewage pumping stations as follows; two (2) 20 gallon per minute; a 22 gallon per minute; a 45 gallon per minute; and a 25 gallon per minute; all with grinder type duplex pumps, on-site audible and visual high water alarms and a portable generator receptacle with telemetry as well as approximately 6,235 linear feet of 2-inch diameter force main, approximately 5,925 linear feet of 3-inch diameter force main and 390 linear feet of 4-inch diameter force main Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ............._...................................................................... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ............................................................. : The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F. Easley,Governor ^ Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources t_ Coleen H.Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 26, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8631 Mr. J.D. Igbal 3362 Sugar Hill Road Marion, NC 28752 Subject: NOTICE OF VIOLATION NOV-2007-LV- 0394 Permit No. NCO086428 Marion Travel Plaza WWTP McDowell County Dear Mr. Igbal: A review of Marion Travel Plaza WWTP's monitoring report for April 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform, 04/04/07 400 600 Daily Maximum membrane filter, colonies per colonies per Exceeded M-FC Broth @ 44.5 100 ml 100 ml degrees Celcius North Carolina Naturallff North Carolina Division of Water Quality 2090 US Hwy 70;Swannanoa, NC 28778 Phone (828)296-4500 Internet: www.ncwatergualitV.org Customer Service 1-877-623-6748 FAX(828)299-7043 Mr. Al Singh Marion Travel Plaza WWTP Page 2 of 2 July 26, 2007 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828- 296-4500 extension 4656. Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent(SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, J�14 i�Q Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement DWQ Central Files Asheville Regional Office facility files James & James Environmental Management Michael F.Easley,Governor William G.Ross Jr.,Secretary. North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality ,4 µ � Asheville Regional Office SURFACE WATER PROTECTION July 26, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8624 Mel S Cohen City of Morganton PO Box 3448 Morganton NC 286803448 Subject: NOTICE OF VIOLATION NOV-2007-LV-0401 Permit No. NCO026573 Catawba River Pollution Control Facility Burke County Dear Mr Cohen: A review of Catawba River Pollution Control Facility's monitoring report for May 2007 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Selenium, Total (as Se) 05/03/07 52.6 ug/I 89 ug/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Keith Haynes. 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 which to consider applying for a Special Order by Consent. If you should) have any questions, please do not hesitate to contact Mr. Haynes or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Unit PERCS Unit ARO Oise NorthCarolina NaturalCr� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org \� ��� �\ ��., �% I Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality liftaw Asheville Regional Office SURFACE WATER PROTECTION July 26, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8617 Lee T Huffman Huffman Finishing Inc PO Box 170 Granite Falls NC 28630 Subject: NOTICE OF VIOLATION NOV-2007-LV-0400 Permit No. NCO025135 Huffman Finishing Caldwell County Dear Mr Huffman: A review of Huffman Finishing's monitoring report for May 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Phenolics, Total 05/16/07 20 ug/I 30 ug/I Daily Maximum Recoverable 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: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Keith Haynes. 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 which to consider applying for a Special Order by Consent. If you should have any questions, please do not hesitate to contact Mr. Haynes or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WO Central Files NPDES Unit ARO NorthCarolina ;VatAwlly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Customer Service 1-877-623-6748 Internet: www,ncwaterguality.org ��\ l � �. �i:�_� �..�;/ Michael F.Easley,Governor G William G.Ross Jr.,Secretary 1 r' North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality July 27, 2007 Swain County DWQ Project No. 071225 NCSR 1147 (East Alarka Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division Engineer N C Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in five (5)unnamed tributaries to Little Alarka Creek, for the purpose of making improvements to NCSR 1147, East Alarka Road in Swain County: Stream Impacts in the Little Tennessee River Basin Site Permanent Fill Temporary Fill in Permanent Fill in Temporary Total Stream Stream in Intermittent Intermittent Stream Perennial Stream Dewatering in Impact Impacts Stream(linear (linear ft) (linear ft) Perennial Stream (linear ft) Requiring ft) (linear ft) Mitigatio n(linear ft Station 23 80 103 0 21+77 Station 19 65 84 0 36+57 Station Seep relocation 68 ill 0 36+57 to 43 37+00 Station 11 70 81 0 39+16 Station 20 75 95 0 49+82 Total 43 73 358 474 0 Total Stream Permanent Impact for Project: 73 linear feet. Temporary Impact: 401 linear feet. The project should be constructed in accordance with your application dated July 11, 2007 (received July 16, 2007), including the environmental commitments made in the application letter.. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3627 and 3634. This Certification corresponds to Nationwide Permit Numbers 14 and 33 issued by the U.S. Army Corps of Engineers. 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 will expire with the accompanying 404 Permit. o e NhCarolina Vaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. B. Setzer,P.E. July 27, 2007 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Sfio your project change, you must notify the DWQ and submit a new application. If the property is sold, the new ovmt_ must be given a copy of this Certification and approval letter, and is thereby responsible: for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. 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. , 2. 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 be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 3. 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. 4. Placement of culverts and other structures in waters, streams and wetlands, 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, streambeds or banks, adjacent to, or upstream and down stream of the above structures. The applicant is required to provide evidence that equilibrium is being maintained, if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover should be planted on all bare soil within fifteen(15) days of ground disturbing activities to provide long-term erosion control. Erosion control mating should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Steep slopes are defined as those slopes graded at an angle, which cannot retain vegetative cover. Matting shall be secured in place with staples or wherever possible,live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 6. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning season of January 1 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction of the roadway. 7. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High" Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. ��.E. fhe dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. Riprap shall not be place in the active thalweg channel or placed in the streambed in such a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 11. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 13. All mechanized equipment operated near surface waters must be regularly inspected daily and maintained to prevent .contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 14. Rock check dams at culvert outlets should be removed at project completion to avoid impeding aquatic life movement.. 15. 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 should be used to prevent excavation in flowing water. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 17. If concrete is used during construction (e.g.,headwalls), a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In -- addition, the Water Quality Certification and all subsequent modifications, if any,-shall-be maintained with the Division Engineer and the on-site project manager. 20. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification. 21. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work. 22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or protected riparian buffers. 23. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250,Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Mr.J. B. Setzer,P.E. July 27,2007 Page Four This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you h. any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental David Baker,USACE Asheville Field Office Transportation Permitting Unit Mike Parker,Asheville Regional Office Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Allow Asheville Regional Office SURFACE WATER PROTECTION July 30, 2007 Lee Smith City of Hendersonville PO Box 1760 Hendersonville NC 287931760 SUBJECT: Pretreatment Compliance Inspection Hendersonville WWTP Permit No: NCO025534 Henderson County Dear Mr. Smith: Enclosed please find a copy of the Pretreatment Compliance Inspection Report for the inspection which I conducted of the POTW's approved pretreatment program on Jul 20, 2007. The facility was found to be in Compliance with permit NCO025534 and - pretreatment program requirements. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Mr. Bill Ashbrook and Mr. Scott Chovan, during the inspection, was greatly appreciated._ If you or your staff have any questions, please do not hesitate to contact me at 296-4500. Sincerely, Keith Haynes Environmental Specialist Enclosure cc: Bill Ashbrook Central Files Asheville Files PERCS Unit NorthCarotina Naturally2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. .t ^ Washington,D.C.20460 OMB No.2040-0057 /`1 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00025534 111 121 07/07/20 117 181 PI 191 SI 201 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67I 169 70I I 711 I 721 NJ 73I I 174 751 I I I I I Li 80 Section B: Facility Data lJJ 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) Hendersonville WWTP 09:30 AM 07/07/20 06/06/01 80 Balfour Rd Exit Time/Date . Permit Expiration Date Hendersonville NC 28792 11:55 AM 07/07/20 10/12/31 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data William J Ashbrook/// William J Ashbrook/ORC/828-884-5544/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lee Smith,PO Box 1760 Hendersonville NC 287931760//828-697-1707/ Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ 7 ` Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ -/aOle�7 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO025534 I11 12I 07/07/20 I17 18IPI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see attached PCI form. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY "PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT INFORMATION [Complete Prior To PCI• Review Program Info Database Sheet(s)] .rol Authority(POTW)Name: City of Hendersonville ,:ontrol Authority Representative(s): Bill Ashbrook Title(s): Pretreatment Coordinator Last Inspection Date: June 15,2006 Inspection Type(Circle One): ®PCI ❑Audit 5. Has Program Completed All Requirements from the Previous Inspection or Program Info Sheet(s)? ❑Yes ❑No ®N/A 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑Yes ®No Order Type and Number: Are Milestone Dates Being Met?❑Yes❑No ❑N/A PCs CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type LN ( NIC10 In 12 I 5 IS I3 14 Ln7I2oIo7I PI LLI (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SNs)? 3 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 2 CIUS 9. Number of SNs Not Inspected By POTW in the Last Calendar Year? 0 10.Number of SIUS Not Sampled By POTW in the Last Calendar Year? � 0 11.Enter the Higher Number of 9 or 10 0 NOIN 12.Number of SIUS With No IUP, or With an Expired IUP 0 NOCM 13.Number of SIUS in SNC for Either Reporting or Limits Violations During Either of the Last 2 Semi-Annual Periods(Total Number of SNs in SNC) 0 PSNC 14.Number of SIUS in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC 15.Number of SIUS In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 16.Number of SIUS In SNC For Both Reporting and Limits Violations During Either of the Last 2 Semi-annual Periods 0 POTW INTERVIEW 17. Since the Last PCI,has the POTW had any POTW Permit Limits Violations? ❑ Yes ® No If Yes,What are the Parameters and How are these Problems Being Addressed? NOV for failure to report only 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑Yes ® No Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC during either of the Last 2 Semi- SNC for Limits: none Annual Periods?Have any Industries in SNC(During Either of the Last SNC for Reporting: none - 2 Semi-Annual Periods)Not Been Published for Public Notice? Not Published: none (May refer to PAR if Excessive SNs in SNC) 20. Which Industries are on Compliance Schedules or Orders?For all SNs on an Order,Has a Signed Copy of the Order been sent to the Division? none 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑Yes ® No Ones? Filename: PCI.entry.2002 04-06 Page I Revised: 6/30/98 PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files and complete the folk;.. Program Element Date of Last Approval Date Next Due,'.. Headworks Analysis(HWA) 06/12/2003 01/31/08 Industrial Waste Survey(IWS) 02/21/2002 Sewer Use Ordinance(SUO) 07/2007 Enforcement Response Plan(EPP) 01/18/2002 Long Term Monitoring Plan(LTMP) 01/18/2002 I'. LTMP FILE REVIEW: 22. Is the LTMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®Yes ❑ No 23. Should any Pollutants of Concern be Eliminated from or Added to the LTMP? ❑Yes ® No If yes,which ones?Eliminated: Added: 24. Are Correct Detection Levels being used for all LTMP Monitoring? ®Yes ❑ No 25. Is the LTMP Data Maintained in a Table or Equivalent? ®Yes ❑ No Is the Table Adequate? ®Yes ❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 26. User Name 1. Coats American 2. 27. IUP Number 003 28. Does File Contain Current Permit? ®Yes El No ❑Yes ❑ No ❑ Yes ❑ No 29. Permit Expiration Date 1 12/31 /08 30. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A I NA 31. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No to Permit Issue Date? 32. Does File Contain an Inspection Completed Within Last Calendar Year? ®Yes ❑ No F ❑Yes ❑ No ElYes ElNo 33. a.Does the File Contain a Slug Control Plan? a. ®Yes ❑No a. ❑Yes ❑No a. ❑Yes ONO 1 b.If No,is One Needed? (See Inspection Form from POTW) b. ❑Yes ❑No b. []Yes ❑No b. ❑Yes❑No/ 34. For 40 CFR 413 and 433 TTO Certifiers,Does File Contain a Toxic ❑Yes❑NoEN/A ❑Yes❑No❑N/A ❑Yes❑No❑N Organic Management Plan(TOMP)? IL- —1 35. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes ❑No a. ❑Yes ❑No a. ❑Yes ❑No b.All Issues Resolved? b.❑Yes❑No❑N/A b.❑YesoNo❑N/A b.❑Yes❑No❑N/A 36. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No ❑Yes ❑ No ❑ Yes ❑ No its Sampling as Required by IUP? 37. Does File Contain POTW Sampling Chain-Of-Custodies? ®Yes ❑ No, ❑Yes ❑ No El Yes El No 38. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Sampling as Required by IUP? 39. Does Sampling Indicate Flow or Production? EYes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 40. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes ❑ No ❑Yes EN No ❑Yes ❑ No All Non-Compliance from Both POTW and SIU Sampling? 41. a.Was the POTW Notified by SILT(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resam le Within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 42 Was the SIU Promptly Notified of Any Violations(Per ERP)? ❑Yes❑NoEN/A 11 ❑Yes❑No❑N/A ❑Yes❑No❑N/A 43. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® NoA ❑Yes ❑ No ❑ Yes ❑ No 44. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑NoEN/A [7DMON/A pYes❑No❑N/A as Specified in the POTWs ERP? 45. Does the File Contain Penalty Assessment Notices? ❑Yes❑NoEN/A ❑Yes1❑No❑N/A ❑Yes❑No❑N/A 46. Does The File Contain Proof Of Penalty Collection? ❑Yes❑NoEN/A ❑Yesl❑No❑N/A Yes❑NopN/A 47. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A b.Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.0Yes0No0N/A-- 48. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No ❑Yes ❑ No ❑ Yes ElIv Requested Information For You? C� Filename: PCI.entry.2002 04-06 Page 2 Revised: 6/30/98 ,NTS: found to be in good order. ,UMMARY AND COMMENTS: .,�I Comments: Mr Scott Chovan of the WWTP conducts all industry inspections for the pretreatment program Requirements: Recommendations: NOD: ❑Yes ® No NOV: ❑Yes ® No QNCR: ❑Yes ® No POTW Rating: Satisfactory ® Marginal ❑ UnSatisfactory ❑ PCI COMPLETED BY:Keith Ha nesDATE:July 20,2007 INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type NIC" 0 10 12 15 4 (DTIA) (TYPI) (INSP) FACC) 1.Industry Inspected: Coats North American 2.Industry Address: Hwy 64 Hendersonville 3.Type of Industry/Product: Thread 4.Industry Contact: Danny Fulcher Title: Maintenance Manager Phone: 693-4222 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 0 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: Good inspection. Industry is active in pretreatment. Filename: PCI.entry.2002 04-06 Page 3 Revised: 6/30/99 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director -f Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 30, 2007 Tom Hartye, PE Metropolitan Sewerage District of Buncomb&:County North Carolina 2028 Riverside Dr Asheville NC 288043054 SUBJECT: Pretreatment Com. Inspection French Broad River WRF Permit No: NCO024911 Buncombe County Dear Mr. Hartye: Enclosed please find a copy of the Pretreatment Compliance Inspection Report for the inspection, which I conducted of the POTW's approved pretreatment program on July 18, 2007. The program was found to be in Compliance with permit NCO02491land the requirements of the pretreatment program. It should also be noted that a review of the program's 2006 PAR was also conducted, with no problems being noted. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Mr. Monty Payne and Mr. Jon van Hoff was greatly appreciated. If you have any questions, please do not hesitate to contact me at 296-4500. Sincerel , Keith Haynes Envioronmental Specialist Enclosure cc: Monty D Payne Central Files Asheville Files PERCS Unit Noonir hCarolina 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 Naturally i I United States Environmental Protection Agency Form Approved. l ^ Washington,D.C.20460 rH OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 11 N00024911 Ill 121 07/07/18 117 181 PI 19I SI 201 I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67I 169 70I I 711 I 721 NI 73L ' 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) French Broad River WRF 09:00 AM 07/07/18 06/11/01 NC Hwy 251 Exit Time/Date Permit Expiration Date Asheville NC 28814 12:01 PM 07/07/18 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Monty D Payne/ORC/828-254-9646/ Name,Address of Responsible Official/Title/Phone and Fax Number Michael Stamey,2028 Riverside Dr Asheville NC Contacted 288043054//828-254-9646/8282543299 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ 7 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ � EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3� NCO024911 11 12� 07/07/19 17 18N \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) See attached PCI form. It should also be noted that a PAR review was done, with no problems noted. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT A INFORMATION [Complete Prior To PCI;Review Program Info Database Sheet(s)] .Arol Authority(POTW)Name: Metropolitan Sewerage District of Buncombe County Control Authority Representative(s): Monty Payne Title(s): Pretreatment Cooridinator 4. Last Inspection Date: May 15,2006 Inspection Type(Circle One): ®PCI ❑Audit 5. Has Program Completed All Requirements from the Previous Inspection or Program Info Sheet(s)? ®Yes ❑No ❑N/A 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑Yes ®No Order Type and Number: Are Milestone Dates Being Met? ❑Yes ❑No ❑N/A PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type LsJ N I C 1 n 1 n 1 2 14 1 9 1 1 1 1 I 1 07 1 19 1 07 I LpJ LEI LtJ (DTIA) (TYPI) (INS P) (FACC) 7. Current Number Of Significant Industrial Users(SIUS)? 22 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 15 CIUS 9. Number of SIUS Not Inspected By POTW in the Last Calendar Year? 0 10.Number of SIUS Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Higher Number of 9 or 10 0 NOIN 12.Number of SIUS With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUS in SNC for Either Reporting or Limits Violations During Either of the Last 2 Semi-Annual Periods(Total Number of SIUs in SNC) 1 PSNC 14.Number of SIUS in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC 15.Number of SIUS In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 1 SNPS 16.Number of SIUS In SNC For Both Reporting and Limits Violations During Either of the Last 2 Semi-annual Periods 0 POTW INTERVIEW 17. Since the Last PCI,has the POTW had any POTW Permit Limits Violations? ❑Yes ® No If Yes,What are the Parameters and How are these Problems Being Addressed? 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑Yes ® No Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC during either of the Last 2 Semi- SNC for Limits: Day International Annual Periods?Have any Industries in SNC(During Either of the Last SNC for Reporting: NA 2 Semi-Annual Periods)Not Been Published for Public Notice? Not Published: 0 (May refer to PAR if Excessive SIUS in SNC) 20. Which Industries are on Compliance Schedules or Orders?For all SIUS on an Order,Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑Yes ® No Ones? Filename: PCI.MSDentry.2002 04-06 Page 1 Revised: 6/30/98 PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files and complete the rfollo'V Program Element Date of Last Approval Date Next Due,I1 Headworks Analysis(HWA) 10/2004 Industrial Waste Survey(IWS) 5/2005 Sewer Use Ordinance(SUO) 5/2003 Enforcement Response Plan(ERP) 5/2005 ` Long Term Monitoring Plan(LTMP) 10/2005 LTMP FILE REVIEW: 22. Is the LTMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®Yes ❑ No 23. Should any Pollutants of Concern be Eliminated from or Added to the LTMP? ❑Yes ® No If yes,which ones?Eliminated: Added: 24. Are Correct Detection Levels being used for all LTMP Monitoring? ®Yes ❑ No 25. Is the LTMP Data Maintained in a Table or Equivalent? ®Yes ❑ No Is the Table Adequate? ®Yes ❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 26. User Name 1.Blue Ridge Metals Sonopress 27. IUP Number S-060-07 S-034-07 28. Does File Contain Current Permit? I ®Yes ❑ No JFM Yes. ❑ N071 ❑Yes ❑ No 29. Permit Expiration Date 1 12/31 /2011 12/31 /2011 30. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 420 _433 31. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ®Yes ❑ No ❑Yes ElNo to Permit Issue Date? 32. Does File Contain an Inspection Completed Within Last Calendar Year? ®Yes ❑ No ®Yes ❑ TO-11 ❑Yes ❑ No 33. a.Does the File Contain a Slug Control Plan? a. NYes ❑No a. ®Yes ONO a. []Yes ❑No b.If No,is One Needed? (See Inspection Form from POTW) b. ❑Yes ❑No b. ❑Yes ❑No b. []Yes ONO 34. For 40 CFR 413 and 433 TTO Certifiers,Does File Contain a Toxic ®Yes❑NO❑N/A ❑Yes❑No❑N/ Organic Management Plan(TOMP)? 35. a.Does File Contain Original Permit Review Letter from the Division? a. NYes NNo a. NYes [ENO a. ❑Yes ❑No b.All Issues Resolved? b.❑Yes❑No®N/A b.❑Yes❑No®N/A b.❑Yes❑No❑N!A 36. During the Most Recent Semi-Annual Period,Did the POTW Complete ® Yes ❑ No F ®Yes ❑ No ❑Yes ❑ No its Sampling as Required by IUP? 37. Does File Contain POTW Sampling Chain-Of-Custodies? ®Yes ❑ No _NYes El No ❑Yes ❑ No 38. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A ®YesCINo❑N/A ❑Yes❑No❑N/A Sampling as Required by IUP? 39. Does Sampling Indicate Flow or Production? MYes F®Yes❑No❑N/A ❑Yes❑No❑N/A 40. During the Most Recent Semi-Annual Period,Did the POTW Identify M Yes ❑ No ®Yes ❑71L ElYes ❑ No All Non-Compliance from Both POTW and SIU Sampling? 41. a.Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.❑Yes❑No®N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample Within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No®N/A b.❑Yes❑No❑N/A 42 Was the SIU Promptly Notified of Any Violations(Per ERP)? ❑Yes❑No®N/A ❑Yes[1No0N/A ❑Yes❑No❑N/A 43. Duringthe Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No ❑Yes ® No ❑Yes ❑ No 44. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑NoON/A ❑Yes❑No®N/A ❑Yes❑No❑N/A as Specified in the POTWs ERP? 45. Does the File Contain Penalty Assessment Notices? ❑Yes❑NOON/A ❑Yes❑No®N/A ❑Yes❑No❑N/A 46. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A� ❑Yes❑No®N/A ❑Yes❑No❑N/A� 47. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A 1Fb[3.[1Yesr1NnRN/A . Yes❑No®N/A a.❑Yes❑No❑N/A b.Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/P,,' 48. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No ❑Yes ® No ❑ Yes ❑ No,-----" Requested Information For You? C� Filename: PCI.MSDentry.2002 04-06 Page 2 Revised: 6/30/98 ,NTS: _:a file review letter for the new SIU permits as the control authority has not received the letters from DWQ central found to be in good order. Inspection reports are very thorough .2I SUMMARY AND COMMENTS: PCI Comments: Updated SUO was submitted May 22 2007. Requirements: None Recommendations: Contiunue doing the good job currently being done! NOD: ❑Yes ® No NOV: ❑Yes ® No QNCR: ❑Yes ® No POTW Ratine: Satisfactory ® Marginal ❑ UnSatisfactory ❑ PCI COMPLETED BY:Keith Haynes DATE:July 18,2007 INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type L N N I C 10 10 1 2 14 1 9 1 1 1 1 1 107 1 18 1 07 I LT-1 I S I hJ (DTIA) (TYPI) (INSP) FACC) 1.Industry Inspected: Sonopress 2.Industry Address: 108 Monticello Road 3.Type of Industry/Product: CDs and DVDs 4.Industry Contact: David Tunnel Title: Facility Engineer 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 Very good tour. D. Sampling Review ®Yes ❑ No E. Exit Interview Z Yes ❑ No Brief exit interview,but good for this type of inspection. Industrial Inspection Comments: This was an unannounced follow-up inspection. The inspector did a very good job on this unanonounced inspection. Filename: PCI.MSDentry2002 04-06 Page 3 Revised: 6/30198 ��, �s% ,. ��/, Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources rColeen H.Sullins, Director -H Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 30, 2007 Mr. H.M. Place, III Town Manger or Lake Lure Post Office Box 255 Lake Lure, North Carolina 28746-0255 SUBJECT: Special Order by Consent Town of Lake Lure Wastewater Treatment Rutherford County Dear Mr. Place: Please find attached the final version of the proposed Special Order by Consent for the Town of Lake Lure's wastewater treatment facility. Kindly secure the Mayor's signature at the "flagged" location and forward to this agency's central office, as soon as possible, in the enclosed envelope. Your cooperation in this matter is appreciated. If there are questions or comments, contact the writer at telephone number 828-296-4651. Sincerely, -�. ` James R. Reid Environmental Engineer Cc w/attachment: Mr. Randy Hintz, McGill and Assoc. w/o attachment: Bob Guerra oe Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1 877-623-6748 ��/ - �-; �.I J/�, ,_'AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ATY OF MCDOWELL 1N THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT NC0025381. ) EMC SOC WQ S07-007 HELD BY THE TOWN OF LAKE LURE ) Pursuant to provisions of North Carolina General Statute(G.S.) 143-215.2 and G.S. 143-215.67,this Special Order by Consent is entered into by the Town of Lake Lure,hereinafter referred to as the Town,and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. The Town and the Commission hereby stipulate the following: (a) The Town holds North Carolina NPDES Permit No.NCO025381 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to the Broad River, Class C waters of this State in the Broad River Basin,but is unable to consistently comply with final effluent limitations for Biochemical Oxygen Demand(BOD),Fecal Coliform Bacteria(fecal)and Total Suspended Solids(TSS)asset forth in NPDES Permit NC0025381. Compliance will require preparation of plans and specifications for construction and operation of additional treatment works. (b) Noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of this State named above,and the Town is within the jurisdiction of the Commission as set forth in G.S.Chapter 143,Article 21. (c) The Town desires to cause or allow the discharge of 0.0048 MGD of additional wastewater to the treatment works, and the discharge of such additional wastewater will not result in any significant degradation to the quality of any waters. (d) The Town has secured a grant or has otherwise secured financing for planning,design,and construction/repairs of a new or improved waste disposal system which, once constructed and operated, will be sufficient to adequately treat wastewater presently being discharged and the additional wastewater desired to be discharged,to the extent the Town will be able to comply with final effluent permit limitations. (e) Since this Special Order is by Consent,neither party will file a petition for a contested case or for judicial review concerning its terms. 2. The Town,desiring to comply with the Permit identified in paragraph l(a)above,hereby agrees to do the following: (a) As settlement of all alleged violations of NPDES Permit NCO025381 prior to entering into this Special Order by Consent,the City agrees to pay the sum of$9,434.10.A certified check must be made payable to the Department of Environment and Natural Resources and forwarded to the Director of the Division of Water Quality at 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 by no later than fifteen(15)days following the date on which this Order is approved and executed by the Commission and received by the City. (b) Provide the Asheville Office of the North Carolina Division of Water Quality(DWQ),located at 2090 US 70 Highway,Swannanoa,NC 28778-8211,with a list of all additions of flow under the Town's Special Order by Consent,and update this list each time flow is added to the system. July 25,2007 \\ -.� �' ����, �J __ Undertake the following activities in accordance with the indicated time schedule: Scheduled Activity Due Date 1) Remove accumulated sludge from components October 15,2007 of the treatment plant on or before 2) After receipt of Authorization to Construct complete October 31,2008 installation of new sludge removal equipment in the sedimentation basin and clarifier. Complete construction of a new sludge pump station. Complete rehabilitation of existing flash mixer.Install flow-paced alum feed equipment and refrigerated composite samplers on or before 3) Achieve compliance with final permit limits on or before November 30,2008. (d) The Town shall comply with all terms and conditions of the permit except those effluent limitations identified in paragraph 1(a)above. See Attachment A for all monitoring requirements and effluent limitations. The Pernuttee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (e) During the time in which this Special Order by Consent(SOC)is effective,the Town shall comply comply with the interim effluent limitations contained in Attachment A. Under this SOC,only the parameters listed below have been modified from the most current NPDES permit currently in effect. Permit Limits Modified Limits(SOC) Parameters Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. BOD 30.0 mg/L 45.0 mg/L 30.0 mg/L 85.0 mg/L TSS 30.0 mg/L 45.0 mg/L 60.0 mg/L 75.0 mg/L FECAL COLIFORM 200/100ml 400/100ml 250/100m1 1600/100m1 (f) No later than thirty(30)calendar days after any date identified for accomplishment of any activity listed in 2(c)above,the City shall submit to the Surface Water Protection Section Regional Supervisor for the Division of Water Quality's(DWQ)Asheville Regional Office written notice of compliance or noncompliance therewith. In the case of noncompliance,the notice shall include a statement of the reason(s)for noncompliance,remedial action(s)taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. July 25,2007 �� �� 1 ->„ J/ __ Develop and adopt:sewer use ordinance limitations for addressing Fats,Oils and Grease(FOG). The Town agrees that unless excused under paragraph four(4),the City will pay the Director of DWQ,by check payable to the North Carolina Department of Environment,Natural Resources,according to the following schedule for failure to meet the deadlines set out in paragraphs 2(c)and 2(e),or failure to attain compliance with the effluent limitations/monitoring requirements contained in Attachment A. Failure to meet a schedule date. $500.00/day for the first 7 days; $1000/day thereafter Failure to maintain compliance with $1 000/violation(Monthly Average) any modified limit contained in the SOC. .$500/violation(Weekly Average or Daily Maximum) Failure to achieve compliance with $10,000 limitations at final compliance deadline. Monitoring frequency violations for relaxed $100 permitted omitted value per parameter parameters (if less than five omissions in one month) $1000 per omitted value per parameter (if five or more omissions in one month) Failure to submit progress reports $500 for first violation-penalty doubles with each subsequent assessment 4. The Town and the Commission agree stipulated penalties are not due if the Town satisfies the Division of Water Quality noncompliance was caused solely by: (a)An act of God; (b)An act of war; (c) An intentional act or omission of a third party but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the Pernuttee; (d) An extraordinary event beyond the Permittee's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Permittee's control; or (e) Any combination of the above causes. Failure within thirty(30)days of receipt of written demand to pay the penalties,or challenge them by a contested case petition pursuant to G.S. 15013-23,will be grounds for a collection action,which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30)days has elapsed. 5. In accordance with provisions of G.S. 143-215.67(b)the Commission allows the Town to accept 0.0048 MGD of additional wastewater to its waste disposal system: July 25,2007 /� _. `�.J, _-_ nature of the additional flows is such that the waste characteristics do not exceed those generally .associated with domestic waste or are pretreated to domestic strengths. Waste of greater than normal domestic strength may be accepted if the parameter(s)that exceed normal domestic strength wastewater are not those for which interim limitations have been developed and it can be demonstrated to the satisfaction of the Director the additional waste will not adversely affect the treatment efficiency of the treatment system for any modified parameter or result in the violation of any other permit limitation. All new and proposed industrial waste tributary to the system must be controlled using all needed mechanisms including but not limited to adoption and implementation of industrial waste control and pretreatment ordinances. No wastewater can be accepted which will add toxic pollutants in quantities not generally associated with domestic wastewater characteristics,unless the acceptance of the additional wastewater can be supported through appropriate analyses acceptable to the Director. 6. This Special Order by Consent and any terms,conditions,and interim effluent limitations contained herein, hereby supersede any and all previous Special Orders,Enforcement Compliance Schedule Letters,terms, conditions,and limitations contained therein issued in connection with NPDES Permit No.NC0031879. In the event of an NPDES Permit modification or renewal, any effluent limitations or monitoring requirements contained therein shall supersede those contained in Attachment A of this Special Order by Consent,except as modified and contained in paragraph 2(d) above. 7. Any violation of terms of this Special Order by Consent including paragraphs 2(c),2(d)and 2(e)above and Attachment A may,Mon the discretion of the Director,terminate paragraph five(5)of this Order and apy authorized additional waste not previously connected to the system may not thereafter be connected until the necessary sewerage system improvements have been completed and placed in operation 8. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action in addition to the above stipulations,including injunctive relief pursuant to G.S. 143-215.6(C). 9. The Permittee,upon signature of this Special Order by Consent,will be expected to comply with all. schedule dates,terms,and conditions of this document. 10. This Special Order by Consent shall expire February 28,2009. For the Town of Lake Lure: James R.Proctor,Mayor Date Signature of Signing Official For the North Carolina Environmental Management Commission Date Chairman of the Commission July 25, 2007 , C WQ S07-007 NPDES NCO025389 ATTACHMENT A EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim During the period beginning on the effective date of this Special Order and lasting until February 28,2009 the facility is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the City as specified below: EFFLUENT ' 'Limits IVionitorng Requirements CHARACTERISTICS s Monthly average Weekly Measurement Sample Type Sample Location Average ,Oequenpy, BOD5,20°C 30.0 m /L 85.0 m /L Weekl Com osite Effluent Total Suspended Solids 60,0 m /L 75.0 m /L Weekly Composite Effluent Fecal Coliform(geometric mean 2501100 ml 1600/100 nil Weekly Grab Effluent NOTE: All other limits, frequencies and conditions in Permit No. NCO025381 must be met. Only those limits and conditions listed above are relaxed under this Special Order. July 25,2007 Michael F.Easley,Governor QG William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources '-1 Coleen H.Sullins,Director Division of Water Quality July 31, 2007 Mr. John D. Gamble Beverly-Grant, Inc, 64 Peachtree Rd., Suite 201 Asheville, North Carolina 28803 SUBJECT: NPDES General Stormwater Permit No.NCG010000 Permit#07-3043 Project Name: Western N.C.Women's Specialty Center Buncombe County Dear Mr. Gamble: Recently you were sent an Erosion Control Plan approval from the City of Asheville-Stormwater Services Division regarding the subject development activity. Accompanying the letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the City of Asheville-Stormwater Services Division are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. NorthCarolina Naturally( North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Gamble July 31, 2007 This letter is also meant to advise you that should you fail to comply with the terms and conditiori3l\ the Stormwater Construction permit, you could be subject to enforcement as called for in Section 14)�, 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation per day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit, that you contact this Office immediately. As mentioned previously, the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so, please read the Stormwater Construction permit and contact Mr. Kevin Barnett or Ms. Linda Wiggs of this Office at(828) 296-4500 if you have any questions or need clarification. Sincerely, Roger C. Edwards,Regional Supervisor Surface Water Protection Section ARO DWQ Central Files G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCGO1\NCGOl(07-3043).doc Michael F.Easley,Governor 1�G William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources N Coleen H.Sullins,Director Division of Water Quality July 31, 2007 Mr. Lee Thomason One Town Square Blvd, Ste 330 Asheville,North Carolina 28803 SUBJECT: NPDES General Stormwater Permit No.NCG010000 Permit#07-2415 Project Name: Ramble wellness Center Buncombe County Dear Mr. Thomason: Recently you were sent an Erosion Control Plan approval from the City of Asheville-Stormwater Services Division regarding the subject development activity. Accompanying the letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge Stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the City of Asheville-Stormwater Services Division are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. NorthCarolina �QtllP6Z��l� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Thomason July 31, 2007 This letter is also meant to advise you that should you fail to comply with the terms and concr..\ the Stormwater Construction permit, you could be subject to enforcement as called for in Sectiai., 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violation`,v day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit, that you contact this Office'immediately. As mentioned previously, the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so, please read the Stormwater Construction permit and contact Mr. Kevin Barnett or Ms. Linda Wiggs of this Office at(828) 296-4500 if you have any questions or need clarification. Sincerely, Roger C. Edwards,Regional Supervisor Surface Water Protection Section ARO DWQ Central Files G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCGO1\NCGO1(07-2415).doc Michael F.Easley,Governor QG William G.Ross Jr.,Secretary ta4�r North Carolina Department of Environment and Natural Resources ^-I Alan W.Klimek,P.E.Director Division of Water Quality July 31, 2007 Dove Mountain c/o Mr. Brad Collins, 112 Iris Lane Whittier, NC 28789 SUBJECT: NPDES General Stormwater Permit No.NCGO10000 Project ID: 07-123 Project Name: Dove Mountain Jackson County Dear Mr. Collins: Recently you were sent an Erosion Control Plan approval from the Jackson County Planning Department and Erosion Control regarding the subject development activity. Accompanying the letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Jackson County Planning Department and Erosion Control are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part I, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. NoAhCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Dove Mountain July 31, 2007 This letter is also meant to advise you that should you fail to comply with the terms and con` the Stormwater Construction permit, you could be subject to enforcement as called for in Sec6, 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violatio., day may be assessed for such violations. We ask that if you find at any time that you are unable to`., comply with the terms and conditions of the Permit, that you contact this Office immediately. As mentioned previously, the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so,please read the Stormwater Construction permit and contact Mr. Kevin Barnett or Ms. Linda Wiggs of this Office at(828) 296-4500 if you have any questions or need clarification. Sincerely, .Roger Edwards,Regional Supervisor Surface Water Protection Section ARO Files DWQ Central Files G:\WPDATA\DEMWQ\Jackson\Stormwater Construction NCGOl\NCGO10000(07-123).doc Michael F.Easley,Governor �G William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources Alan W.HIimek,P.E.Director Division of Water Quality July 31, 2007 Grape Cove C/o Mr. Ernest Guerrera, 22 Eisenhower Dr. S. Easton MA 02375 SUBJECT: NPDES General Stormwater Permit No. NCGO10000 Project ID: 07-127 Project Name: Grape Cove Jackson County Dear Mr. Guerrera: Recently you were sent an Erosion Control Plan approval from the Jackson County Planning Department and Erosion Control regarding the subject development activity. Accompanying the letter was a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit No. NCG010000. That permit authorizes you to discharge stormwater to the surface waters of North Carolina. Those point source discharges are associated with activities such as clearing, grading, and other land disturbing and construction activities. The purpose of this letter is to draw your attention to and to stress the importance of that NPDES General Stormwater Permit. The requirements contained in the stormwater permit coupled with the requirements called for by the Jackson County Planning Department and Erosion Control are vitally important to the protection of the waters of the State. If you have not already done so, you are urged to immediately read and adhere to the stormwater permit requirements contained there in. Of particular importance are Parts I and II of the permit. Parts I and II set forth the minimum visual monitoring and reporting requirements for your stormwater discharge. In particular, Part 1, Section B describes the visual monitoring frequencies and locations, the requirement to maintain a rain gauge onsite, and the need to maintain a written record of all inspections. Upon commencement of your land disturbing activity, you must initiate the visual monitoring and record keeping requirements as called for in the permit. The visual monitoring data results, along with all other permit required records must be maintained on-site and made available to Division of Water Quality representatives upon request and/or during inspections. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to stormwater discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Servir Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-67 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Grape Cove July 31, 2007 This letter is also meant to advise you that should you fail to comply with the terms and co: the Stormwater Construction permit, you could be subject to enforcement as called for in Sec,. 215.6 of the North Carolina General Statutes. A civil penalty (fine) of up to $25,000 per violati, day may be assessed for such violations. We ask that if you find at any time that you are unable to comply with the terms and conditions of the Permit, that you contact this Office immediately. As mentioned previously, the purpose of this letter is to advise you of the importance of the NPDES General Stormwater permit and by this notification prevent unnecessary impacts to the waters of the State. Again, if you have not already done so, please read the Stormwater Construction permit and contact Mr. Kevin Barnett or Ms. Linda Wiggs of this Office at(828) 296-4500 if you have any questions or need clarification. Sincerely, �t C. Roger Edwards, Regional Supervisor Surface Water Protection Section ARO Files DWQ Central Files J G:\WPDATA\DEMWQ\Jackson\Stormwater Construction NCG01\NCGO10000(07-127).doc SOC PRIORITY PROJECT: No IF YES, SOC NUMBER J: NPDES UNIT WATER QUALITY SECTION ATTENTION: Jim McKay DATE: July 31, 2007 NPDES STAFF REPORT AND RECOMMENDATION HENDERSON COUNTY PERMIT NUMBER NCG551404 PART I - GENERAL INFORMATION 1. Facility and Address: Ellsworth Gallimore 111 Benhurst Ct. Ridgeview @ Sweetwater Hills Henderson County, North Carolina Mailing: Mr. Ellsworth Gallimore 1557 North Wymore Road Maitland, FL 32751 2. Date of Investigation: May 24, 2007 3. Report Prepared By: Keith. Haynes 4. Persons Contacted and Telephone Number: Jack Crabtree 5. Directions to Site: Hwy 191 to North Rugby Rd. Turn right. Turn left at Ridgeview Hill Drive, left on Benhurst to 3rd lot on left. 6. Discharge Point(s), List for all discharge points: Latitude: N 35.22.296 degrees Longitude: W 82.31.557 degrees Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. U.S.G.S. Quad Name Hendersonville 7. Site size and expansion area consistent with application? XX Yes No If No, explain: 8. Topography (relationship to flood plain included): gentle slope toward creek. 9. Location of nearest dwelling: 200 feet -1- 10. Receiving stream or affected surface waters: Unnamed Tributary a. Classification: C b. River Basin and Subbasin No.: Broad C. Describe receiving stream features and pertinent downstream uses: Secondary recreation and fishing. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a.Volume of wastewater to be permitted 360 gpd b. What is the current permitted capacity of the Wastewater Treatment facility? N/A C. Actual treatment capacity of the current facility (current design capacity N/A d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: NONE f. Please provide a description of proposed wastewater treatment facilities: NONE g. Possible toxic impacts to surface waters: Chlorine residual h. Pretreatment Program (POTWs only): in development approved should be required not needed 2. Residuals handling and utilization/disposal scheme: N/A a. If residuals are being land applied, please specify DWQ Permit Number Residuals Contractor Telephone Number b. Residuals stabilization: PSRP PFRP OTHER C. Landfill: d. Other disposal/utilization scheme (Specify): 3. Treatment plant classification (attach completed rating sheet): N/A 4. SIC Codes(s): N/A Primary Secondary Main Treatment Unit Code: ter' -2- f III OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: None 3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) Date Submission of Plans and Specifications Begin Construction Complete Construction 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non-discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: No adjacent land Connection to Regional Sewer System: Not possible Subsurface: Soil not suitable Other disposal options: According to soil study and engineering study no other option is suitable. 5. Other Special Items: PART IV - EVALUATION AND RECOMMENDATIONS This is a subsurface sand-filter for a single family residence. There appears to be no other option for wastewater disposal at this time. Providing that the owner has met all submittal requirements with the application and is able to meet the new setback requirements, the regional office recommends the issuance of the permit. Signature of Feeport Preparer Wate Quality Regional Supervisor Date -3- 0 _. �L= ��