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HomeMy WebLinkAboutDWR Read File Archive August 2013 f`i�art NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary August 1, 2013 Mr. Bill Green,Acting Town Manager Town of Andrews 3 Wilson Street Andrews, NC 28901 Subject: Permit No.WQ0036664 Town of Andrews Tarrent Street Sewer Line Replacement Wastewater Collection System Cherokee County Dear Mr.Green: In accordance with your application received July 25, 2013, we are forwarding herewith Permit No. WQ0036664, dated August 1, 2013, to the Town of Andrews 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 This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.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 and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Town of Andrews to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarohna Phone:(828)296-4500 FAX:828 299-7043 Naturally Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer Town of Andrews WQ0036664 If you need additional information concerning this matter, please contact Wanda Frazier at(828)296 4500 or via e-mail at Wanda.Frazier@ncdenr.gov Sincerely, x ' for Thomas A. Reeder Division of Water Quality by Chuck Cranford Asheville Region Surface Water Quality Supervisor cc: Vann Waters/Michael Waresak,P.E.-McGill Associates Cherokee County Health Department Town of Andrews Building Inspections Department Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) i ,vn of Andrews ,VQ0036664 NCDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules,and Regulations, permission is hereby granted to the Town of Andrews Cherokee County for the construction and operation of approximately 321 linear feet of 8-inch gravity sewer as part of the Tarrent Street Sewer Line Replacement project, and the discharge of previously permitted flow of collected domestic and commercial wastewater into the Town of Andrews' existing sewerage system, pursuant to the application received July 25, 2013, and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 1"day of August, 2013. f rThomasA. Reeder Division of Water Quality By Authority of The Environmental Management Commission Permit Number:WQ0036664 SUPPLEMENT TO PERMIT COVER SHEET Town of Andrews is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Town of Andrews' Wastewater Treatment Facility (NPDES Permit No. NC0020800) prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. I.STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and.. other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division 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. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 26.0506(a),and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts(1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form)can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 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. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, 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. c. Changes to the project that do not result in non-compliance with this permit, regulations,or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections),_ regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. - 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. 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. 11. 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. ,RACK ENGINEERING CERTIFICATION ,mittee: Town of Andrews Permit No.WQ0036664 roject: Tarrent Street Sewer Line Replacement Issue Date: 8/1/13 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan&profile views and detail drawings of sewer lines)of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk)in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any chanaes resulting in non-compliance with this permit regulations or minimum design criteria Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements , the Professional Engineer below has provided applicable design/construction information to,the Permittee, and the Permittee is prepared to operate &maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION ❑ Partial El Final I , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's SEND THIS FORM AND Seal,signature,and date: .......... SUPPORTING DOCUMENTATION :.............................................. .................................... WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS - - SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HWY 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. DWQ Use Only: Flow from this project is tributary to: NCO020800 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary August 1, 2013 City of Lenoir C/O Charles Beck PO Box 958 Lenoir,NC 28645 Subject: 401 Water Quality Certification -Approval Cambridge Court Drainage Improvements DWQ Project#2013-0685 Caldwell County Catawba/UT Zacks Fork Creek/ 11-39-1 /C Dear Mr. Beck: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.01 acres of wetlands and 20 feet of stream/s for the purpose of drainage improvements at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 18 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 20 (feet) Application Item C2 Wetlands 0.01 (acres) Application Item C3 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NiorthCarolina Internet:www.ncwaterquality.org N�turally An Equal Opportunity,Affirmative Action Employer City of Lenoir August 1,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result L criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office at (828) 296-4665. Sincerely, for Thomas A. Reeder TARIjas Enc: GC3890 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy S:\SWP\Caldwell\401s\Non-DOT\Cambridge Court Drainage Improvements\APRVL.401 Cambridge Court.08-01-13.doc F" NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E.Skvarla, III Governor Director Secretary August 2, 2013 Jon F Ebert 5270 Tamarind Ridge Dr Naples FL 34119 SUBJECT: Compliance Evaluation Inspection Golf Club Estates / Lot 15 Permit No: NCG551100 Jackson County Dear Mr. Ebert: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on July 16, 2013. Currently this house is listed for sale. A name/ownership form should be completed and submitted to NCDENR when the property sells. A blank form will be included with this inspection report. The facility looked to be well maintained. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menz Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCa.Tohna Phone:(828)296-4500\FAX:828 299-7043 Na'tura lJf Internet:www.ncwate[guaiiiy.org S:\SWP\Jackson\Wastewater\Generai\NCG55 SFR\SFR's NCG55\NCG551100 CEI 2013.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 W;;tpr ComIll"anre Inspection Report Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 11 12I 117 18I C I 19IS 20I1 INI 2 15I 3I NCG551100 I Remarks 211 1 1 I I I I I I I I I III II I I I I I I I I I I I I I I I I I I I I I I I I I I 1 16 I Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --- -------- ----Reserved----------671 169 70I 3 I 711 I 72I N I 7311J 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) 01:00 PM 13/07/16 12/08/01 Golf Club Estates/Lot 15 Exit Time/Date Permit Expiration Date Golf Club Estates Lot 15 Sapphire NC 28774 01:20 PM 13/07/16 13/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /n Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jon F Ebert,5270 Tamarind Ridge Dr Naples FL 34119/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signatuure((ss))of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel 0G(/J ARO WQ//828-296-4500/ ��;r3 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ! + 2el,3 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCG551100 1 11 12, 13/07/16 117 18I C' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This facility was discharging at the time of inspection. Currently this house is listed for sale. A name/ownership form should be completed and submitted to NCDENR when the property sells. A blank form will be included with this inspection report. The facility looked to be well maintained. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCG551100 Owner-Facility: Golf Club Estates/Lot 15 ,spection Date: 07/16/2013 Inspection Type: Compliance Evaluation Yes No NA NE Effluent Pipe ■ nnn Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? ■ nnn If effluent (diffuser pipes are required) are they operating properly? nn ■ n Comment: Page# 3 � �� I�-� I� ', -_ I __. ..--- _.- A`olA RCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla,III Governor Acting Director Secretary August 5, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED— -7012 1010 0002 1967 6223 Mr. John L. Beals 791 Red Maple Drive Waynesville,NC 28785 CERTIFIED MAIL RETURN RECEIPT REQUESTED— 7012 1010 00021967 6230 Ms. Elizabeth Allison 842 Red Maple Drive Waynesville,NC 28785 SUBJECT: NOTICE OF VIOLATION NOV-2013-SS-0006 Stream Standard Violation- Other Waste (In-stream sediment) Haywood County Response deadline: August 19, 2013 Dear Mr. Beals and Ms. Allison: On July 25, 2013 Susan Wilson from the Asheville Regional Office of the Division of Water Quality(DWQ)conducted a site inspection along Red Maple Drive in Haywood County. A stream standard violation was noted during the inspection and file review.-Sediment impacts to an unnamed tributary to Beantown Creek, a Class C waterbody in the French Broad River Basin, were documented. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f—An undetermined length of an unnamed tributary to Beantown Creek, along with a small aesthetic pond, was impacted by sediment deposition,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-296-45001 FAX:828-299-7043 NaturallyInternet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Mr.Beals&Ms.Allison August 5,2013 Page 2 of 2 REQUIRED RESPONSE The DWQ requests that you respond by August 19,2013. Your response should be sent to the \ attention of Ms. Susan Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Stream Standard - Other Waste(In-Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a plan for stabilization of the fill area at Ms. Allison's property and the driveway area at Mr. Beals. Some remedial stabilization measures will likely prevent future migration of sediment to the tributary and other downstream properties. You may wish to consult Haywood County Erosion Control or your local extension service for recommendations on stabilization measures. c. Once the work is complete, a final report documenting the stabilization activities should be submitted to Ms. Wilson. Thank you for your attention to this matter. Should you have any questions regarding these matters,please contact Ms. Wilson at(828) 296-4500 or susan.a.wilsonkncdenr ov . Sincerely, 14! Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Karen Higgins, WBSCP Unit ARO File Copy Marc Pruett, Haywood County Erosion and Sediment Control Mountain Ridges Property Owners (Joe Hickman, Liz Brandt,Ann Johnson) P.O. Box 1314, Maggie Valley,NC 28751 S:\SWP\Haywood\Complaints\Red Maple Dr Compint\NOV-2013-SS-0006.Red Maple Dr.8 2013.doc i Qom;: �..._ ,rA FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary August 5, 2013 CERTIFIED MAIL 7012 1010 0002 1967 6247 RETURN RECEIPT REQUESTED Mr. James Nelson 92 Mirror Lake Road Franklin,North Carolina 28734 SUBJECT: NOTICE OF VIOLATION Nelson Property off Dills Creek Road NOV-2013-PC-0280 Failure to Secure 401 Removal of Best Usage Macon County Response deadline: August 19,2013 Dear Mr.Nelson: On August 1, 2013,Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for your property off Dills Creek Road in Macon County. David McHenry of the NC Wildlife Resources Commission, Justin Anderson of the Macon County Erosion Control Program and Matt Mason of Macon County Planning Department were also present. Stream standard and 401 WQC violations were noted during the inspection and file review. Excavation and rerouting impacts to Lowery Creek, a Class WS-III; Trout surface water, were documented As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Removal of Best Usage—15A NCAC 02B.0211 (2)—Approximately 400 linear feet of Lowery Creek, Class WS-III; Trout, was impacted by the relocated stream channel and back fill, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2)• II. Failure to Secure a 401 Water Quality Certification (WQC) A review of records confirmed that neither the DWQ nor the US Army Corps of Engineers (USACOE)has received an application for a 404 Permit or 401 WQC,prior to the impacts SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE NOnIt�1C2T011115 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500\FAX:828-299-7043 �atura[l 1/ Internet: www,ncwaterquality.org An Equal Opportunity\Affirmative Action Employer James Nelson August 5,2013 Page 2 of 3 noted in item I above. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. REQUIRED RESPONSE The DWQ requests that you respond by August 19,2013. Your response should be sent to the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Removal of Best Usage—15A NCAC 02B.0211 (2) and 401 Water Quality Certification a. Please explain why these impacts occurred without prior authorization. b. Please provide a map of the project area. The map must include all streams and wetlands on-site, detailing all impacts (i.e., culverts and/or fill). Two (2) options exist to resolve the violations related to the 401 Water Quality Certification: 1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining to the work that has occurred. A 401 WQC will be required if the activities are permitted by the Corps. The application process as described does not guarantee the impacts will be approved. 2. Restore the stream to pre-existing conditions. a. includes the removal of the impacts,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. If pursuing Option l: 1. Contact the U. S. Army Corps of Engineers to determine the permitting needs of the activities you have undertaken. The Asheville office phone number is (828) 271-7980. 2. Provide a proposed schedule of when you expect to have the required Pre- Construction Notification (401 WQC application) submitted to DWQ. If pursuing Option 2: - a. Please submit a Stream Restoration Plan to this office for review and approval. You must secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. �_J 3 The plan must include the removal of the impacts, restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: b. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. c. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Kevin Barnett. It is understood that the Macon County Soil and Water Conservation Office has previously drawn up stabilization plans for this reach of stream. You are encouraged to contact Doug Johnson at 828-524-3311 to see if this is still an option. Thank you for your attention to this matter. Should you have any questions regarding these matters,please contact Kevin Barnett at(828) 296-4657 or kevin barnett cr ncdenr.> ov . Sincerely, `- Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: David McHenry,NC Wildlife Resources Commission David Brown,US Army Corps of Engineers Doug Johnson,Macon County Soil and Water Conservation Karen Higgins, WBSCP Unit ARO File Copy Matt Mason,Macon County Planning S:\S WP\Macon\ComplaintsUamesNelson\NOV-2013-PC-0280.08-02-2013.doc �\ �,j ��� 1 ; __ � -_ '► NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E.Skvarla, III Governor Acting Director Secretary August 5, 2013 Jeffery Morse Town of Valdese PO Box 339 Valdese, NC 28690 SUBJECT: Collection System Inspection Valdese Collection System Permit No: WQCS00032 Burke County Dear Mr. Morse: On July 23, 2013, 1 conducted an inspection of the Valdese collection system program. The program was found to be in compliance with permit WQCS00032. Present during the inspection were Bryan Duckworth and Shawn Meyers with the Town of Valdese. Their ' time during the inspection, as well as their efforts in this program, is appreciated. Please refer to the enclosed compliance report for the inspection observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: PERCS Central Files Asheville Files S:\SWP\Burke\Collection Systems\Valdese Collection System\CEI.LTR.07-23-13.doc', SURFACE WATER PROTECTION ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NofffiCaro ina Phone:(828)296-4500\FAX:828 299-7043 Natut'gllff Internet:www.ncwaterguality.org !__�\ r �\ __... Compliance Inspection Report ,ermit: WQCS00032 Effective: 01/08/07 Expiration: 12/31/14 Owner: Town of Valdese SOC: Effective: Expiration: Facility: Valdese Collection System PO Box 339 County: Burke Region: Asheville Valdese NC 28690 Contact Person: Jeffery V Morse Title: Phone: 828-879-2116 Directions to Facility: System Classifications: CS2, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NCO041696 Town of Valdese-Lake Rhodiss WWTP Inspection Date: 07/23/2013 Entry Time: 10:00 AM Exit Time: 02:30 PM Primary Inspector: Linda S Wiggs Phone: E Ext.46xt.46 6-4500 53 Secondary Inspectors): �M Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant 0 Not Compliant Question Areas: Miscellaneous Questions Performance Standards N Operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections N Pump Station Manhole Reqmts Lines (See attachment summary) Page: 1 Permit: WQC800032 Owner-Facility: Town of Valdese Inspection Date: 07/23/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: \' The Valdese collection system has—57 miles of sewer lines. They have 8 High Priority areas which includes 15 aerial lines. They currently use the"Naint"software and have almost complete their Asset Management with assistance from the Rural Center. An I &I study of the Cline St Pump Station drainage is almost completed with the assistance of Cavanaugh and Assoc. identifying 50 priority areas with varying degrees of infrastructure work needed. Valdese has 4 pump stations(PS)and may be taking on another one(Heritage Shopping Center PS). Of the current 4 PS, the capacities reported by the ORC during the inspection are: John Berry-683 GPM, Cline St-200 GPM, Morgan Trace-58 GPM, and High Meadows-50 GPM. The High Meadows and Cline St. PS have bacterial/enzymatic agents added to assist with grease. The Valdese septic tank ordinance is such that all residents pay a sewer utility;those with septic tanks receive pump service 1-2 a year. Page: 2 Permit: WQCS00032 Owner-Facility: Town of Valdese Inspection Date: 07/23/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Yes No NA NE Performance Standards Is Public Education Program for grease established and documented? ■ nnn What educational tools are used? Website,fat trappers,flyers. ■ Is Sewer Use Ordinance/Legal Authority available? nnn ■ nnn . Does it appear that the Sewer Use Ordinance is enforced? ■ nnn Is Grease Trap Ordinance available? Is Septic Tank Ordinance available(as applicable,i.e.annexation) ■ .nnn List enforcement actions by permittee,if any,in the last 12 months In the past the town had to issue Pizza Hut a fine. Because of the turnover rate at the restaurant the town still has to visit the restaurant occasionally. Has an acceptable Capital Improvement Plan(CIP)been implemented? nnn ■ Does CIP address short term needs and long term\"master plan\„concepts? nnn ■ nnn ■ Does CIP cover three to five year period? nn ■ Does CIP include Goal Statement? n ■ Does CIP include description of project area? nnn -F Onn ■ Does CIP include description of existing facilities? nnn ■ Does CIP include known deficiencies? ■ Does CIP include forecasted future needs? nnn Is CIP designated only for wastewater collection and treatment? nnn ■ Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments The actual CIP document was not evaluated, however the towns plans for improvements to the system were discussed with Jeff Morse(Town Mgr.)and Bryan Duckworth. An I and I study conducted by Cavanaugh and Associates is almost complete. It has identified—50 areas with varying degrees of infrastructure work needed. The town plans to request funding for the Cline Street pump station basin which includes—3,000 feet of line replacement along with manhole upgrades. Valdese is also working on Asset Management with the Rural Center. ■ n Is system free of known points of bypass? nn If no,describe type of bypass and location ■ Is a 24-hour notification sign posted at ALL pump stations? pnn #Does the sign include: ■ nnn Instructions for notification? Page: 3 Permit: WQCS00032 Owner-Facility: Town of Valdese Inspection Date: 07/23/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Pump station identifier? MOOD 24-hour contact numbers ❑ ❑ n If no, list deficient pump stations #Do ALL pump stations have an"auto polling"feature/SCADA? ■ 0 D Number of pump stations 4 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 4 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? M ❑ n #If yes,date implemented? Describe: When lines with roots are found they put them on their yearly jetting program. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? 0n 0 ❑ � Are records available that document pump station inspections? MDO D Are SCADA or telemetry equipped pump stations inspected at least once a week? M 0 D fl Are non-SCADA/telemetry equipped pump stations inspected every day? 0 0 0 0 Are records available that document citizen complaints? M 0 #Do you have a system to conduct an annual observation of entire system? ■ n 0 0 #Has there been an observation of remote areas in the last year? 0 fl n Are records available that document inspections of high-priority lines? 0 0 0 Has there been visual inspections of high-priority lines in last six months? M 0 0 fl Comment: Operation &Maintenance Requirements Yes No NA NE Are all log books available? 0 ❑ ❑ n Does supervisor review all log books on a regular basis? ■ 0 n 0 Does the supervisor have plans to address documented short-term problem areas? ■ 0 0 0 What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? <` Weekly Page: 4 Permit: WQCS00032 Owner-Facility: Town of Valdese inspection Date: 07/23/2013 inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine ■ nnn Are maintenance records for equipment available? is a schedule maintained for testing emergency/standby equipment? ■ nnn What is the schedule for testing emergency/standby equipment? Do pump station logs include: ■ nnn Inside and outside cleaning and debris removal? ■ Inspecting and exercising all valves? nnn Inspecting and lubricating pumps and other equipment? nn ■ n Inspecting alarms,telemetry and auxiliary equipment? ■ nnn Is there at least one spare pump for each pump station w/o pump reliability? nn ■ n Are maintenance records for right-of-ways available? nnn ■ Are right-of-ways currently accessible in the event of an emergency? nnn ■ ■ nnn Are system cleaning records available? ■ nnn Has at least 10%of system been cleaned annually? What areas are scheduled for cleaning in the next 12 months? � ■ Is a Spill Response Action Plan available? nnn Does the plan include: ■ nnn 24-hour contact numbers ■ nnn Response time ■ n Equipment list and spare parts inventory nn ■ nnn Access to cleaning equipment ■ Access to construction crews,contractors,and/or engineers nnn ❑ nn ■ Source of emergency funds ■ Site sanitation and cleanup materials nnn ■ nn Post-overflow/spill assessment n ■ Is a Spill Response Action Plan available for all personnel? nnn ■ nnn Is the spare parts inventory adequate? Comment: Valdese owns a tag along jetter and a push camera. Yes No NA NE Records ■ nnn Are adequate records of all SSOs,spills and complaints available? ■ Are records of SSOs that are under the reportable threshold available? Inn Page: 5 Permit: WQCS00032 Owner-Facility: Town of Valdese Inspection Date: 07/23/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ■ n n If yes,is there a corrective action plan? n n ■ n Is a map of the system available? ■ n n n Does the map include: Pipe sizes ■ n n n Pipe materials ■ n n 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 n n If no,what percent is complete? List any modifications and extensions that need to be added to the map The GIS information of the map should be updated to include more information about the pump stations i.e. the name,it should also include flow direction of the lines if possible. #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. 143-215.1C? ■ n n I_l #Is permittee compliant with all compliance schedules in the permits? n n ■ n If no,which one(s)? Comment: CLINE ST - Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n n n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ n n Ell Are all pumps present? ■ n n n Page: 6 i Permit: WQCS00032 owner-Facility: Town of Valdese Inspection Date: 07/23/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine ■ nnn Are all pumps operable? ■ nnn Are wet wells free of excessive debris? Are upstream manholes free of excessive debris/signs of overflow? ■ nnn ■ nnn Are floats/controls for pumps/alarms operable? nn ■ n Is"auto polling"feature/SCADA present? nn ■ n Is"auto polling"feature/SCADA operational? ■ nnn Is simple telemetry present? ■ nnn Is simple telemetry operational? ■ nnn Are audio and visual alarms present? ■ nnn Are audio and visual alarms operable? ■ nnn Is the Pump station inspected as required? ■ nnn Are backflow devices in place? ■ nnn Are backflow devices operable? nn ■ n Are air relief valves in place? nn ■ n Are air relief valves operable? - ■ nnn # Is an emergency generator available? nnn ■ Can the emergency generator run the pumps? n ■ nn Is the pump station equipped for quick hook-up? nnn ■ 1s the generator operable? nnn ■ #Is fuel in tank and sufficient? nnn ■ Is the generator inspected according to their schedule? ■ nnn Is a 24-hour notification sign posted? Does it include: ■ nnn Instructions for notification? ■ nnn Pump station identifier? ■ nnn Emergency phone number ■ nnn Is public access limited? ■ nnn Is pump station free of overflow piping? ■ nnn Is the pump station free of signs of overflow? yes Are run times comparable for multiple pumps? Page: 7 Permit: WQCS00032 Owner-Facility: Town of Valdese Inspection Date: 07/23/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Comment: 200 GMP pump station serving 150 homes and 1 apartment complex. Bactodose is added to this station to assist with grease. There is not a generator at this pump station, one would be rented if needed. If this pump station has issues the town should consider a permanent generator for this site. There appears to be an old transformer serving this station. MILTON RD - Manhole Yes No NA NE Is manhole accessible? ■ ❑ n n #Is manhole cover/vent above grade? ■ n n n Is the manhole free of visible signs of overflow? ■ n n ❑ Is the manhole free of sinkholes and depressions? ■ ❑ n n Is manhole cover present? ■ ❑ Q 0 #Is manhole properly seated? ■ ❑ n n #Is manhole in good condition? ■ n n n #Is invert in good condition? n n ❑ ■ Is line free-flowing and unrestricted in manhole? ■ n n n Is manhole free of excessive amounts of grease? ■ nnn Is manhole free of excessive roots? ■ n n n Is manhole free of excessive sand? ■ ❑ Q ❑ Is manhole's extended vent screened? n n ■ n Are vents free of submergence? n o ■ n Are manholes free of bypass structures or pipes? ■ n n n Comment: Two manholes were observed. Both are brick manholes and are on a priority list associated with -3,000 feet of line identified for rehab work. MORGAN TRACE - Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n ❑ n Is it accessible in all weather conditions? ■ n 00 #Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ n n 0 Are all pumps operable? ■ n n n Page: 8 Permit: WQCS00032 Owner-Facility: Town of Valdese Inspection Date: 07/23/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine ■ nnn Are wet wells free of excessive debris? ■ nnn Are upstream manholes free of excessive debris/signs of overflow? ■ nnn Are floats/controls for pumps/alarms operable? nn ■ n Is"auto polling"feature/SCADA present? nn ■ n Is"auto polling"feature/SCADA operational? ■ nnn Is simple telemetry present? ■ nnn Is simple telemetry operational? ■ nnn Are audio and visual alarms present? ■ nnn Are audio and visual alarms operable? Is the Pump station inspected as required? ■ nnn Are backflow devices in place? ■ nnn Are backflow devices operable? nn ■ n Are air relief valves in place? nn ■ n Are air relief valves operable? ■ nnn # Is an emergency generator available? ■ nnn Can the emergency generator run the pumps? n ■ nn Is the pump station equipped for quick hook-up? ■ nnn Is the generator operable? ■ nnn #Is fuel in tank and sufficient? ■ nnn Is the generator inspected according to their schedule? ■ nnn Is a 24-hour notification sign posted? Does it include: ■ nnn Instructions for notification? ■ nnn Pump station identifier? ■ nnn Emergency phone number ■ nnn Is public access limited? ■ nnn Is pump station free of overflow piping? ■ nnn Is the pump station free of signs of overflow? NE Are run times comparable for multiple pumps? Page: 9 Permit: WQCS00032 Owner-Facility: Town of Valdese Inspection Date: 07/23/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Comment: 58 GMP pump station serving 50 homes and a pizza hut. Grease has been an issue at this station, a bacteria/enzyme is injected to assist with grease. Pizza but has to be visited occasionally and has been fined in the past to gain compliance. The town is considering changing fuel complanies, so they are drawing down the fuel for the generator. r J Page: 10 AT4 102 NCDE R North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs John E. Skvarla, III Thomas A. Reeder Secretary Pat McCrory Quinn flirortnr (;nvPrnnr August 5,2013 Kenneth&Linda Grubbs 4595 Hampton Pointe Blvd. Hardeeville, SC 29927 Subject: 401 Water Quality Certification-Approval Project Name: Kenneth&Linda Grubbs Bank Stabilization DWQ Project#2013-0730 McDowell County Catawba/Lake James/ 11-8 /C Dear Mr. and Ms. Grubbs: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. ---Approval has been granted to place fill within or otherwise impact 0.01 acres of open waters for the purpose of bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control,Buffer and Flood Plain regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) I Plan Location or Reference Waters 0.01 (acres) 105 linear ft. Plan sheet 7 & 8a Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 Nol utCarollna Internet:www.ncwaterquality.org Vaturn&y An Equal Opportunity',Affirmative Action Employer ;/ Kenneth&Linda Grubbs — August 5,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result ,' criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream`impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at(828) 296-4664. Sincerely, far Thomas A. Reeder TAR/trf Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office (- WBSCP Unit—Central Office Wade Harmon—Duke Energy Lake Services Carissa Parker—Bennick Enterprises, LLC File Copy S:\SWP\A4cDowell\401s\Non-DOT\Grubbs Lot 90\APRVL.401 Grubbs Lot 90 08-05-13.doc F;�/ k2hl NCDEENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs John E. Skvarla, III Thomas A. Reeder Secretary Pat McCrory C;n�rernnr Artinn nirartnr August 5, 2013 Warren H. Maxon II 7290 Woodside CT Denver,NC 28037 Subject: 401 Water Quality Certification -Approval Project Name: Warren H. Maxon II Bank Stabilization DWQ Project#2013-0660 McDowell County Catawba/Lake James/ 11-8 /C Dear Mr. Maxon: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. .pproval has been granted to place fill within or otherwise impact 0.02 acres of open waters for the purpose of bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control, Buffer and Flood Plain regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.02 (acres) 200 linear Plan Sheet 7& 8a feet Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 No1-thCarollna Internet:www.ncwaterquality.org Xatural,6 An Equal opportunity i Affirmative Action Employer Warren H.Maxon II August 5,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in, criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream ` impacts),you may ask for an 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 15OB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at(828) 296-4664. Sincerely, for Thomas A. Reeder TAR/trf Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office Wade Harmen—Duke Energy Lake Services Carissa Parker—Bennick Enterprises, LLC File Copy S:\SWP\McDowell\401s\Non-DOT\Warren H Maxon 11 Lot 153\APRVL.401 Warren H Maxon.08-05-13.doc ga NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs John E. Skvarla, III Pat McCrory Thomas A. Reeder Secretary Governor Director August 7,2013 Haywood County TIP No.B-4763 Bridge No. 35 Replacement DWQ Project 20130619V.2 NCSR 1503 (Upper Crabtree Creek Road) Approval of 401 Water Quality Certification with Additional Conditions-Modification Dr. Gregory J.Thorpe,Ph.D.,Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina,27699-1598 Dear Dr.Thorpe: You have our approval, in accordance with the conditions listed below,for the following impacts in Bald Creek for the placement of Bridge No. 35 with a 97-foot long double(2)barrel 14-foot x 7-foot reinforced concrete box culvert (RCBC),with a low flow channel and alternating sills on NCSR 1503 (Upper Crabtree Creek Road)in Haywood County: Stream Impacts in the French Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Alignment and Fill in Impacts in Stream Impacts Stream (linear Streambank Perennial Perennial Impact Requiring ft) Stabilization Stream Stream (linear ft) Mitigation linear ft linear ft Oinear ft linear ft Site 1 0 89 97 5 191 0 Site 2 0 0 0 80 80 0 Total 0 89 97 85 271 0 Total Permanent Stream Impacts for Project: 186 lin.ft.Total Temporary Stream Impacts for Project: 851inear ft. The project should be constructed in accordance with your application dated June 10, 2013 (received June 11, 2013) and additional information dated July 31, 2013, including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must -he given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If JRFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-7043 ��tura!!lf Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Dr. Gregory J.Thorpe,Ph.D. August 7,2013 Page Two total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the\ future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h)(6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and.erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated,and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed,the requirements specified in the most recent version of the North Carolina Sediment` and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites;and waste pile(spoil)projects,including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. In-stream work and land disturbance within the 25-foot 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. 5. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to trout waters. However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet, or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches;basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. j J.Thorpe,Ph.D. 2013 tiree 6. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 7. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 8. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 9. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 11. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 12. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 13. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 14. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 15. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 16. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 17. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids, or other toxic materials. 18. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 20. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. `?. 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. Dr. Gregory J.Thorpe,Ph.D. August 7, 2013 Page Four 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., of protected riparian buffers. 24. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 25. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 26. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincceerely, for Th gras A. Reeder Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 130619V.2(Thorpe)TIP No B-4763 Replace Bridge 35 NCSR 1503(Upper Crabtree Creek Road) IT •:' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs John E. Skvarla, III Pat McCrory Thomas A. Reeder Secretary Governor Director August 7, 2013 Henderson County DWQ Project 20130315V.2 TIP No.B-4765 NCSR 1574(Fruitland Road) Approval of 401 Water Quality Certification with Additional Conditions-Modification Dr. Gregory J.Thorpe,Ph.D.,Manager North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh,North Carolina,27699 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below,for the following impacts in Kyles Creek and in / three(3)unnamed tributaries of Kyles Creek for the purpose of replacing Bridge No. 113 with a 65-foot long, single span ored slab bridge on NCSR 1574(Fruitland Road)in Henderson County: Stream Impacts in the French Broad River Basin Site Permanent Fill Streambank Temporary Temporary Total Stream in Intermittent Stabilization Impacts in Impacts in Stream Impacts Stream (linear ft) Intermittent Perennial Impact Requiring (linear ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 , 0 0 55 55 0 Site 2 0 0 82 0 82 0 Site 3 0 81 0 87 168 0 Site 4 120 0 45 0 165 0 Total 120 81 127 142 470 0 Total Permanent Stream Impacts for Project: 201 lin. ft.Total Temporary Stream Impacts for Project:269 linear it. The project should be constructed in accordance with your application dated July 24, 2013 (received August 1, 2013), 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. 3885, 3891 and 3893 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13, 23 and 33. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should our project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296-45001 FAX:828-299-7043 Naturally Intemet: www.ncwatergualityorg An Equal Opportunity 1 Affirmative Action Employer Dr. Gregory J. Thorpe,Ph.D. August 7,2013 Page Two be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from,or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Caroline', Sediment and Erosion Control Manual:- The devices shall be maintained on all construction sites, borro4l_' sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. This project has the potential to impact trout waters. No construction activities shall,begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. 5. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0 124(a)-(e)] in areas draining to (trout)waters. However, due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins,etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. ,gory J.Thorpe,Ph.D. Est 7, 2013 ge Three 6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 7. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 8. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 1. Bridge deck drains shall 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 to the most current version of Stormwater Best Management Practices. 12. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 13. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated,and disposed of properly. 14. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 15. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways, or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 16. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 17. 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. 18. 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. 19. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. A. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 21. 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. Dr. Gregory J. Thorpe, Ph.D. August 7,2013 Page Four 22. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 23. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 25. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 26. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 27. 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. 28. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 29. 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. 30. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 31. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality' standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other� appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 32. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 33. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 34. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the f Certification. Unless such demands are made,this Certification shall be final and binding. i ;,gory J.Thorpe,Ph.D. Ast 7,2013 .ge Five This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, for Thom.Reeder Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 130315V.2(Thorpe)TIP No.4765 NCSR 1574(Fruitland Road) ��� �>� `� __..... ___. I __.__ __---- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary August 7, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6254 Mr. Charles Conner SGL Carbon LLC 307 Jamestown Road Morganton,North Carolina 28655 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 NC0005258 SGL Carbon LLC SGL Carbon Corporation WWTP Case No. LV-2013-0145 Burke County Dear Mr. Conner: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,387.00 ($1,250.00 civil penalty+ $137.00 enforcement costs) against SGL Carbon LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by SGL Carbon LLC for the month of May 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0005258. The violations which occurred in May 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that SGL Carbon LLC violated the terms, conditions or requirements of NPDES Permit NC0005258 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, Chuck Cranford, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against SGL Carbon LLC: DIVISION OF WATER RESOURCES—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa,NC 28778 Phone: (828)296-4500\ FAX: (828)299-7043 Internet: www.ncwaterquality.orci An Equal Opportunity/Affirmative Action Employer I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0005258, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for OIL-GRSE. 1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. �\ $1,000.00 NC0005258,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for OIL-GRSE. $1,250.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $1,387.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 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 Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for--remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please pare a detailed statement that establishes why you believe the civil penalty should be .emitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties,Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center. Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Surface Water Protection staff of the Asheville Regional Office at 828-296-4500. Sincerely, b Chuck Cr ord, Regional Supervisor Surface Water Protection Section ATTACHMENTS Asheville Regional Office cc: DWR Regional Supervisor w/attachments NPDES Point Source w/attachments DWR Central Files w/attachments S:`,.S�Vfl`F3urke:bt`sjstawatea.,[tadastria(`,.SF.;L,Carbon 0i2i IN 2013-01d5.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0145 County: Burke Assessed Party: SGL Carbon LLC Permit No.: NC0005258 Amount Assessed: $1,387.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: �� I� %._.,\ l t�'/ _...._. fE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS SGL CARBON LLC/ ) SGL CARBON CORPORATION ) PERMIT NO. NC0005258 ) FILE NO. LV-2013-0145 Having been assessed civil penalties totaling $1,387.00 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 7, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE l��'� \+ �� d w N CD Chi IL o x x F- w w z E rn O LLI Q � � Z O H O O ;i O e 0 w H W M J� Q U F 0> J Y L 7 LG W Oz) z ZW E E =O DM 0 Lo et 0 y Q V' M U z w w Z J N w c c W C ' Cy E E J K X X U lQ � LL N N Q V m Q M M Q B 2 S- �!) Z LLI O O O O � 7 Q U C O R L O Q L O U Cuiw w (� a O O N z O c c F j> J 0 Q O W W J L J I.- U. o 0 O cc L O LO z o w 00 N N V Q CL Z Z N LO z 0 f. O } O O J O O W Q L Z N a J ILU L es ;' \ �,.._i/! J AN RMENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 7,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 70121010 0002 1967 6261 Mr. Aubrey L.Deaver A&D Water Service Inc. P.O. Box 1407 Pisgah Forest,North Carolina 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO089095 A&D Water Service Inc. High Vista Falls WWTP Case No. LV-2013-0146 Henderson County Dear Mr. Deaver: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00 ($250.00 civil penalty+ $137.00 enforcement costs) against 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 April 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0089095. The violations which occurred in April 2013 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 NCO089095 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, Chuck Cranford, Division of Water Resources Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against A&D Water Service Inc.: DIVISION OF WATER RESOURCES—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S.Highway 70,Swannanoa,NC 28778 Phone: (828)296-4500\ FAX:(828)299-7043 Internet: www.ncwateraualitv.orcl An Equal Opportunity/Affirmative Action Employer I of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No. $250.00 NC0089095,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Cone. $250.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $387.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 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 Resources 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 Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: It) 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 Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center `-= Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center , �— Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Resources staff of the Asheville Regional Office at 828-296-4500. Sincerely, d Chuck Cr ord,Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWR Regional Supervisor w/attachments NPDES Point Source w/attachments DWR Central Files w/attachments S`•:.SWP'%Ilienders(:)i-1,astewattrWinors,14iah Vista Fails 89095:1N-2013-014h.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0146 County: Henderson Assessed Party: A&D Water Service Inc./ High Vista Falls WWTP Permit No.: NC0089095 Amount Assessed: $387.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: /-' ..,,1 i .FE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT 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 A&D WATER SERVICE INC. / ) HIGH VISTA FALLS WWTP ) PERMIT NO.NCO089095 ) FILE NO. LV-2013-0146 Having been assessed civil penalties totaling$387.00 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 7, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE I��✓ ��� __ __ a d W IL X > w z m 0 m � g Q L > L 10 0 Q � Z O W W jE o e w w rw g3 �Q J> a U C 0 ~ Of J 4) = w Y 07 rn F- I a E O 'E Rr to � O � Q d M z I- V r Z N w � D U) J w U d 2 LL. m z M o _w Q W O� o Q > U a N LL W U C H W U > z L X O) _ a z z _ 0 � d J V W a ° !J. 3 J a o. G. o O LD 0) p 2 co O N 00 N CD U p z W `" z j 0 F 0 OTC ~ J o0 a n J a V ArI ,rr.�ra�rs NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary August 8,2013 Ms. Natalie 10 Berry, P.E.,Assistant County Engineer Cane Creek Water and Sewer District of Henderson County 100 North King Street,Suite 210 Hendersonville, NC 28792 Subject: Permit No.WQ0036663 Cane Creek Water and Sewer District of Henderson County Redmond Drive Sewer Extension Wastewater Collection System Extension Henderson County Dear Ms. Berry: In accordance with your application received July 12, 2013, we are forwarding herewith Permit No. WQ0036663, dated August 8, 2013, to Cane Creek Water and Sewer District of Henderson County for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein.This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Cane Creek Water and Sewer District of Henderson County to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. Unless such demands are made,this permit shall be final and binding. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S. Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500 FAX: 828 299-7043RtttrrxlCt� Internet:www ncwate!guality.org An Equal opportunity 1 Affirmative Action Employer Cane Creek Water and Sewer District of Henderson County Redmond Drive Sewer Extension WQ0036663 If you need additional information concerning this matter, please contact Wanda Frazier at(828) 296-4500 extension 4662 or via e-mail at Wanda.Frazier@ncdenr.gov. Sincerely, for Thomas A. Reeder Division of Water Resources by Chuck Cranford Asheville Region Surface Water Protection Supervisor cc: Mike Lovoy, P.E.—Engineer of Record (CCWSD X00096CC) Henderson County Health Department Henderson County Building Inspections Department Asheville Regional Office,Surface Water Protection Section Thomas E. Hartye,.P.E.,.General Manager; Metropolitan Sewerage District of Buncombe County- French Broad River Water Reclamation Facility Water Quality Central Files PERCS(electronic copy) S:\SWP\Henderson\Collection Systems\Cane Creek Water&Sewer District\WQ0036663 Redmond Drive Sewer Ext 8-8-13.doc ... ..... ..__. .:reek Water and Sewer �rict of Henderson County ,edmond Drive Sewer Extension WQ0036663 � ENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Cane Creek Water and Sewer District of Henderson County Henderson County for the construction and operation of approximately 570 linear feet of 8-inch gravity sewer to serve two office and warehouse buildings with 4500 square feet of office space and 9500 square feet of warehouse space, as part of the Redmond Drive Sewer Extension project,and the discharge of 825 gallons per day of collected domestic and commercial wastewater into Metropolitan Sewerage District of Buncombe County- French Broad River Water Reclamation Facility's existing sewerage system, pursuant to the application received July 12, 2013 and in conformity with 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued the 8th day of August, 2013. 1-107 for Thomas . Reeder Division of Water Resources By Authority of The Environmental Management Commission Permit Number:WQ0036663 SUPPLEMENT TO PERMIT COVER SHEET \ Cane Creek Water and Sewer District of Henderson County is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Metropolitan Sewerage District of Buncombe County - French Broad River Water Reclamation Facility (NPDES Permit No. NC0024911) prior to being discharged into the receiving stream. 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 Resources (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between Cane Creek Water and Sewer District of Henderson County and Metropolitan Sewerage District of Buncombe County- French Broad �- River Water Reclamation Facility for the collection and final treatment of wastewater is in full force ' and effect. 2. Construction of the subject wastewater collection system shall not commence until approval of the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County 3. By copy of this permit, the Henderson County Health Department and the Henderson Building Inspections Department are advised that, no certificates of occupancy are to be granted prior to the submittal of a sealed engineer's certification. II. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Resources (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and ' \` other supporting materials unless specifically mentioned herein. 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 to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day(i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. -_, g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts(1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable'. adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage`,, or breakage,etc.; or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 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. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes,etc. b. One copy of the supporting pump station design calculations(selected pumps, system curve,operating point, buoyancy calculations, 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. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved,thus requiring replacement or repair prior to certification&activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1,2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. 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. 11. 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 NCGO1000O,and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2 H .0500. i i �_, i ���: __ _- .RACK ENGINEERING CERTIFICATION .mittee: Cane Creek Water and Sewer District of Henderson County Permit No.WQ0036663 roject: Redmond Drive Sewer Extension Issue Date: 8-8-13 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for anv changes resulting in non-compliance with this permit regulations or minimum design criteria Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION the undersigned agent for the Permittee, 7herebystatethat this project has been constructed pursuant to the applicable standards & requirements , the Engineer below has provided applicable design/construction information to the Permittee, and the prepared to operate&maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEERS CERTIFICATION ❑ Partial ❑ Final as a I, duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: .....................................................................................: SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HWY 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. DWR Use Only: Flow from this project is tributary to NCO024911 Metropolitan Sewerage District of Buncombe Co. ��, i i, �.�;�;� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary August 8,2013 Philip Wilson, Principal NC Arden Airport, LLC 550 South Main Street Greenville,SC 29601 Subject: Permit No.WQ0036667 NC Arden Airport, LLC The Landing at Airport Rd. Wastewater Collection System Extension Buncombe County Dear Mr.Wilson: In accordance with your application received July 12, 2013, and additional information received on July 31, 2013, we are forwarding herewith Permit No. WQ0036667 dated August 8, 2013, to NC Arden Airport, 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 and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the NC Arden Airport, LLC to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarohna Phone:(828)296-4500 FAX:828 299-7043Ndhtrall'ffInternet:www.nGwatercivality.org An Equal Opportunity\Affirmative Action Employer NC Arden Airport, LLC WQ0036667 If you need additional information concerning this matter, please contact Linda Wiggs at(828) 296- \ 4500or via e-mail at Linda.Wiggs@ncdenr.gov. Sincerely, for Thomas A. Reeder Division of Water Resources cc: Asheville Regional Office,Surface Water Protection Section MSD-Stan Boyd Water Quality Central Files PERCS(e-copy) CSS, Inc.-Gene Hinkle,Josh Chapman (e-copy) S:\SWP\Buncombe\Collection Systems\MSD Collection System WQCS00004\WQ0036667.Landing-Airport Rd.docx �'\ ,�,rrrr�. inrrrr� NCD►ERR STATE'OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM.EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the NC Arden Airport, LLC The Landing at Airport Rd Buncombe County for the construction and operation of approximately 403 linear feet of 8-inch gravity sewer; a 82.7— gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a portable generator; as well as approximately 488 linear feet of 4-inch force main to serve retail and restaurant space as part of the Landing at Airport Rd project, and the discharge of 10,600 gallons per day of collected domestic and commercial wastewater into the Metropolitan Sewerage District of Buncombe County existing sewerage system, pursuant to the application received July 12, 2013,and additional information received on July 31, 2013 and in conformity with 15A NCAC 2T; - the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this 8th day of the August,2013. for Thomas A. eeder Division of ater Resources By Authority of The Environmental Management Commission Permit Number:WQ0036667 SUPPLEMENT TO PERMIT COVER SHEET NC Arden Airport, LLC is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Metropolitan Sewerage District of Buncombe County Wastewater Treatment Facility (NPDES Permit No.N00024911) prior to being discharged into the receiving stream. 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 Resources (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between NC Arden Airport, LLC and Metropolitan Sewerage District of Buncombe County for the collection and final treatment of wastewater is in full force and effect. 2. Construction of the subject wastewater collection system shall not commence until approval of the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County II. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Resources (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. �. 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 to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B.0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable o.. adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or ' breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons;or � c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO(or the most current Division approved form)within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 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. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, 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. c. Changes to the project that do not result in non-compliance with this permit, regulations,or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit (including pipe length increases of 10%or greater, increased flow,pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. i 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. 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. 11. 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. /-...� l\ � `^�� RACK ENGINEERING CERTIFICATION .nittee: NC Arden Airport, LLC Permit No.W00036667 oject: The Landing at Airport Rd Issue Date: 8/08/13 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION l the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: ........................................................................................ SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 HWY 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. DWR Use Only: Flow from this project is tributary to: NCO02491 t 1 WMENR North Carolina Department of Environment and Natural Resources Division.of Water:Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E Skvarla,III Governor Director Secretary August 9,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6346 Mr. David S. Wack Fletcher Academy Inc. Fletcher Academy WWTP P.O. Box 5335 Fletcher,North Carolina 28732 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0459 Fletcher Academy WWTP NPDES Permit No.NCO036641 Henderson County -)ear Mr. Wack: A review of the May 2013 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 05/23/2013 001 BOD 49.2 mg/1 45 mg/1 05/31/2013 001 BOD 38.2 mg/1 30 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0036641. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within +he 10-day period, a civil penalty assessment may be prepared. DIVISION OF WATER RESOURCES—ASIJEVII,I...E REGIONAL OFFICE; Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 Phone:828-296-45001 Fax:828-299-7043 Internet:ww ncwatergualitv.ora An Equal Opportunity Affirmative Action Employer Mr. David S. Wack August 9, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division o ,. Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial \ construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, - - - Y Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWR Asheville Files DWR Central Files DWR Point Source Branch Ci:l�t(7`SthPkfienitersori't'astcstiater+l,L•liuors':FietcherAcademv36641':�O -Nkl:-201 [..V-04i9.doc NCDENR North Carolina.Department of Environment and Natural Resources Division of Water Resources Water Quality Programs John E. Skvarla, III Pat McCrory Thomas A. Reeder Director Secretary Governor August 9, 2013 Mr. James J. Schenker, Environmental Associate T A Operating LLC 24601 Center Ridge Road Westlake, Ohio 44145-5634 Subject: NOTICE OF VIOLATION NOV-2013-LV-0460 Permit No. NCO085952 Candler Travel Center WWTP Buncombe County Dear Mr. Schenker: A review of Candler Travel Center's WWTP monitoring report for May 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 05/30/2013 7.5 mg/I 9.65 mg/I Daily Maximum x mum ExceedConcentration It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and anetal violations of State law. if you Cantwell or me at 828/296-500,should have any questions, please do not hesitate to contact J Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWR Asheville Files DWR Central Files James &James Environmental G\WQ\SWP\Buncombe\Wastewater\Minors\Candler Travel Center 85952\NOV-2013-LV-0460.doc DIVISION OF WATER RESOURCES 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone (828)296-4500 Internet: www.ncwaterguality.org An Equal Opportunity/Affirmative Action Employer FAX (828)299-7043 ��_✓f _. ___.. % NCDENR North Carolina Department of Environment and Natural Resources Division.of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E Skvarla,III Governor Director Secretary August 12,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6353 Mr. George W. Ware Jonas Ridge Adult Care Facility WWTP P.O. Box 519 Newland,North Carolina 28657 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LM-0047 Jonas Ridge Adult Care Facility WWTP NPDES Permit No.NCO060224 Burke County Dear Mr. Ware: A review of the May 2013 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 05/24/2013 001 BOD 82.2 mg/1 45 mg/1 05/08/2013 001 Ammonia nitrogen 11.1 mg/1 10 mg/1 05/15/2013 001 Ammonia nitrogen 12.1 mg/1 10 mg/1 05/24/2013 001 Ammonia nitrogen 25.5 mg/1 10 mg/1 05/30/2013 001 Ammonia nitrogen 11.7 mg/1 10 mg/1 05/31/2013 001 Ammonia nitrogen 10.7 mg/1 10 mg/1 05/31/2013 001 Ammonia nitrogen 14.2 mg/1 2 mg/1 Date Outfall Parameter Monitoring Frequency Violation 05/04/2013 001 TRC 2 X/Week Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0060224. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or '�quirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information DIVISION OF WA'I ER RESOURCES ASIIEV[L I..E REGIONAL.OFFICE Location:2090 U.S.Highway 70,Swannwioa,North Carolina 28778 Phone:828-296-4500\F&x:828-299-7043 Internet:ww.ncwaterouality.org An Equal Opporhmity Aftinnative Action Employer Mr. George W. Ware August 12, 2013 Page Two regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, r. Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWR Asheville Files DWR Central Files DWR Point Source Branch C,'%WQ`.SWP Burke 43 astewater'.%4inars_Torus Ridge AduIt Care 60224 NOV-NR[-2013-I.It4-004'.dnc ''I--- LA► I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs John E. Skvarla, III Pat McCrory Thomas A. Reeder Secretary Governor Director August 12,2013 City of Asheville Attn: McCray Coates Public Works Building, 161 S. Charlotte Street Asheville,NC 28801 New Belgium Brewery Company Inc. Attn: Kimberly Beth Jordan 500 Linden Street Fort Collins,CO 80524 Subject: 401 Water Quality Certification-Approval Project Name: Craven Street Improvements—New Belgium Brewery DWQ Project#20130687 Buncombe County French Broad River Basin/French Broad River/6(54.5)/B Dear Mr. Coates and Ms.Jordan: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.09 acres of wetlands and 714.5 feet of streams for the purpose of, infrastructure improvements,restoration activities and commercial development at the subject property.This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Numbers 3885,3886 and 3890. This Certification allows you to use Nationwide Permit 27, 14 &39 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control,Buffer and Floodplain regulations. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NorthCarolina Internet:www.ncwaterquality.org "n��, IZ UM �/ An Equal Opportunity,Affirmative Action Employer rj y ` L [[l� New Belgium Brewery Company Inc. August 12,2013 Page 2 of 2 Amount A proved(Units) Plan Location or Reference Stream 714.5 (total feet) Plan Sheet C3 369 ft. (T)NW 27 67.5 ft. (T)NW 39 278 ft. (P)NW 39 Wetlands 0.09 (total acres) Plan Sheet C2 0.06 acres(P)NW 14 0.03 acres(P)NW 39 Additional Conditions 1. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C.27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. ; This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at(828)296-4664. Sincerely, for Thomas A.Reeder TAR/trf Enc: GC 3885, 3886&3890 Certificate of Completion cc: Tasha McCormick-USACE Asheville Regulatory Field Office David Tuch-Equinox Environmental Consultation and Design,Inc. WBSCP Unit—Central Office File Copy G:\WQ\SWP\Buncombe\401s\Non-DOT\Craven Street New Belgium\APRVL.401Craven St New Belgium.08.12.13 (1).doc �ir� ► NCDENR North Carolina Department of Environment and Natural Resources Division of Water.Resources Water Quality Programs John E Skvarla,III Pat McCrory Thomas A.Reeder Secretary Governor Director August 12,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6360 President,Riverwind HOA, Inc. Riverwind Homeowners Association Inc. Riverwind Mobile Home Park 30 Riverwind Drive Hendersonville,North Carolina 28739 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0462 Riverwind Mobile Home Park WWTP NPDES Permit No.NCO076708 Henderson County Dear Sir/Madam: A review of the May 2013 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 400 #/ 100 ml 05/22/2013 001 Fecal coliform 2420#/ 100 ml 400#/ 100 ml 05/23/2013 001 Fecal coliform 2420 #/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0076708. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within .he 10-day period, a civil penalty assessment may be prepared. DIVISION OF WATER RESOURCES ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70.Swannanoa.North Carolina 28778 " Phone:828-296-4i001 Fax:828-299-7043 internet:ww ncwategualitv.orp An Equal Opportunity Afrniative Action Employer Riverwind HOA, Inc. � August 12, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division o Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, ffi Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWR Asheville Files DWR Central Files DWR Point Source Branch Henry Dyar/Goldie &Associates ; G:`"AO;SWP'ftentlersoii'lWaste� atee.:N--Cinors`•.Rivers,ind HOA 76708`;NOV-NR.F-2013-];V-0462.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Jahn E. S rl III Secretary Governor Director Seary August 12, 2013 Mr. Aaron Hamlin 558 Pond Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2013-LV-0463 - Permit No. NCO062634 Wedgefield Acres MHP WWTP Buncombe County Dear Mr. Hamlin: A review of Wedgefield Acres MHP WWTP's monitoring report for May 2013 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 05/21/2013 45 mg/I 46.8 mg/1 Daily - Concentration 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. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWR Asheville Files DWR Central Files James & James Environmental/ ORC G:\WCt\SWP\Buncombe\Wastewater\Minors\Wedgefield Acres MHP 62634%OV-2013-I-V-0463.doc DIVISION OF WATER RESOURCES 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone (828)296-4500 Internet: www.ncwate[guality.org An Equal Opportunity/Affirmative Action Employer FAX (828)299-7043 47 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 12, 2013 Mr. Joseph M. Moore, II, EP City of Brevard 95 West Main Street Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION NOV-2013-LV-0464 Permit No. NCO060534 Brevard WWTP Transylvania County Dear Mr. Moore: A review of Brevard WWTP's monitoring report for May 2013 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 05/31/2013 45 mg/I 48.87 mg/I Weekly Concentration Average Exceeded BOD, 5-Day (20 Deg. C) - 05/31/2013 30 mg/I 32.66 mg/I Monthly Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, Chuck C ford, Regional Supervisor Surface Water Protection Section cc: DWR Asheville Files DWR Central Files Emory G. Owen/ORC G:1WQ\SWP\Transylvania\Wastewater\Municipal\Brevard WWTP 605341NOV-2013-LV-0464.doc DIVISION OF WATER RESOURCES 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone (828)296-4500 Internet: www.ncwaterauality.org An Equal Opportunity/Affirmative Action Employer FAX (828)299-7043 �.._, `�., � .. _ i :�> A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 13,2013 Haywood County DWQ Project 20130834 Replacement of Bridge No. 321 NCSR 1820(Pleasant Hill Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. Ed Green,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Green: You have our approval, in accordance with the conditions listed below,for the following impacts in Connor Mill Branch (, for the purpose of replacing Bridge No. 321 with a double barrel 57-foot long by 9-foot wide by 9-foot high,reinforced oncrete box culvert(RCBC) on NCSR 1820(Pleasant Hill Road)in Haywood County: Stream Impacts in the French Broad River Basin Site Permanent Fill Floodplain Permanent Temporary Total Stream in Intermittent Bench and Fill in Impacts in Stream Impacts Stream Streambank Perennial Perennial Impact Requiring (linear ft) Stabilization Stream Stream (linear ft) Mitigation linear ft) (linear ft) linear ft linear ft) Sites 1,1A, 1B, IC 0 59 57 150 266 0 Total 0 59 57 150 1 266 0 Total Permanent Stream Impacts for Project: 116 lin.ft.Total Temporary Stream Impacts for Project: 150 linear ft. The project should be constructed in accordance with your application dated August 5, 2013 (received August 5, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now \. URFAGE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Mr. Ed Green,P.E. August 13,2013 Page Two or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 5. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 6. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. f .ireen,P.E. st 13,2013 ,e Three 8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 9. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. black walnut and 10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows,alders, sycamores, dogwoods, red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids, or other toxic materials. 15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 16. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. '17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact be curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 22. The outside buffer,wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 24. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. '25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. Mr. Ed Green,P.E. August 13,2013 Page Four 26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to.notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. 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, for Tho .Reed. Attachments cc: Lori Beckwith, USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20130834(Green)Bridge 321 NCSR 1820(Pleasant Hill Road) NCUENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A.Reeder John E.Skvarla, III Governor Acting Director Secretary August 13, 2013 Freddie Boan Trillium Links &Village LLC PO Box 2644 Cashiers NC 28717 SUBJECT: Compliance Evaluation Inspection Trillium Links &Village WWTP Permit No: NCO059200 Jackson County Dear Mr. Boan: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on July 24, 2013. This facility is well maintained and operated. No violations of permit \ requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Michael Dwayne Beck, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NoiUiCarofina Phone:(828)296-4500\FAX:828 299-7043 Natural!,f Internet:www.ncwaterguality.org G:\WQ\SWP\Jackson\Wastewater\Minors\Trillium Links&Village 59200\59200 CEI 2013.doc / � l � l:�/) _._.... United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO059200 111 121 13/07/24 117 18I UL C I 19I S I 20I I Remarks 211111IIII Jill IIII IIIIIIII IIII IIIIIIII I I I I IIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------------Reserved-----------—-------— 67I 169 70I_I 71 I I 721 NJ 73 L_U 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 13/07/24 13/05/01 Trillium Links&Village WWTP Exit Time/Date Permit Expiration Date NCSR 1145 Cashiers NC 28717 10:30 AM 13/07/24 17/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Michael Dwayne Beck/ORC/828-545-7724/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Dewayne Calven Ward,PO Box 2644 Cashiers NC 28717//828-743-5886/8287430687 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports ■Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ ' /Y6 Signature o anagement Q A Reviewer Agency/Office/Phone and Fax Numbers Date 71 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCO059200 111 12, 13/07/24 117 18LC Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) \ This facility appears to be well maintained and operated. It is recommended that the 'old plant" be repainted at some point to extend its life expectendency. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO059200 Owner-Facility: Trillium Links&Village WWTP ,spection Date: 0 7/2 412 0 1 3 Inspection Type: Compliance Evaluation Yes No NA NE Operations&Maintenance ■ nnn Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH, DO,Sludge ■ ❑ Cl El Judge,and other that are applicable? Comment: Yes No NA NE Permit nn ■ n (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ 00El Is the facility as described in the permit? ■ nnn #Are there any special conditions for the permit? ■ nn0 Is access to the plant site restricted to the general public? ■ n0n Is the inspector granted access to all areas for inspection? Comment: Yes No NA NE Aeration Basins Ext.Air Mode of operation Diffused Type of aeration system ■ nnn Is the basin free of dead spots? - nn ■ n Are surface aerators and mixers operational? ■ nnn Are the diffusers operational? ■ nnn Is the foam the proper color for the treatment process? ■ nnn Does the foam cover less than 25%of the basin's surface? nnn ■ Is the DO level acceptable? nnn ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Yes No NA NE Secondary Clarifier ■ nnn Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? nn ■ n ■ nnn Are weirs level? ■ nnn Is the site free of weir blockage? ■ nnn Is the site free of evidence of short-circuiting? ■ nnn Is scum removal adequate? ■ nnn Is the site free of excessive floating sludge? Page# 3 Permit: NC0059200 Owner-Facility: Trillium Links&Village WWTP Inspection Date: 07/24/2013 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the drive unit operational? n n fl Is the return rate acceptable(low turbulence)? 0 ❑ n Is the overflow clear of excessive solids/pin floc? 0 ❑ n n Is the sludge blanket level acceptable?(Approximately/of the sidewall depth) 0 0 fl n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 0 0 C1 Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ CI 0 If effluent (diffuser pipes are required) are they operating properly? 0 0 0 I_1 Comment: Page# 4 ,J14 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E.SSe rl t Ill Governor Acting Director Secretary August 13, 2013 Freddie Boan Trillium Links &Village LLC One Trillium Ctr Cashiers NC 28717 SUBJECT: Collection System Inspection Trillium Links &Village WWTP Permit No: WQCSD0453 Jackson County Dear Mr. Boan: Enclosed please find a copy of the collection system inspection conducted on July 24. 2013. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please II me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NO)�Carofina Phone: (828)296-4500\FAX:828 299-7043 �/7�V' ly Internet:www.ncwaterguality.org G:\WQ\SWP\Jackson\Collection Systems\Trillium Link and Vi1lage\WQCSD0453 CEI 2013.doc �. lam``` Compliance Inspection Report permit: WQCSD0453 Effective: 07/29/09 Expiration: Owner: Trillium Links&Village LLC SOC: Effective: Expiration: Facility: Trillium Links&Village WWTP NCSR 1145 County: Jackson Region: Asheville Cashiers NC 28717 Contact Person: Freddie Boan Title: Phone: 828-743-6161 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 07/24/2013 EEnntryy Time: 10:30 AM Exit Time: 12:00 PM Primary Inspector: Jeff Menzel e: /7 t, 60/'�/ Phone: 828-296-4500 Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ■ Compliant p Not Compliant Question Areas: Miscellaneous Questions 0 Operation&Maint Reqmts Inspections Pump Station Lines (See attachment summary) Page: 1 Permit: WQCSDO453 Owner-Facility: Trillium Links&Village LLC Inspection Date: 07/24/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: There are approximately 100 to 125 homes connected to the collection system. There are five lift stations without telemetry. Daily visits of the pump stations are made by staff 7 days a week. Three of the pump stations were observed during this inspection with no issues noted. No violations of permit requirements or applicable regulations were observed during this inspection. p Page: 2 Permit: WQCSD0453 owner-Facility: Trillium Links&Village LLC Inspection Date: 07/24/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Yes No NA NE Inspections ■ nnn Are maintenance records for sewer lines available? ■ nnn Are records available that document pump station inspections? Are SCADA or telemetry equipped pump stations inspected at least once a week? nnn Are non-SCADA/telemetry equipped pump stations inspected every day? ■ nnn ■ Are records available that document citizen complaints? #Do you have a system to conduct an annual observation of entire system? ■ nnn ■ nnn #Has there been an observation of remote areas in the last year? ■ nnn Are records available that document inspections of high-priority lines? Has there been visual inspections of high-priority lines in last six months? ■ nnn Comment: Yes No NA NE Operation &Maintenance Requirements ■ nnn Are all log books available? ■ nnn Does supervisor review all log books on a regular basis? Does the supervisor have plans to address documented short-term problem areas? ■ nnn What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? weekly/monthly ■ nnn Are maintenance records for equipment available? ■ nnn Is a schedule maintained for testing emergency/standby equipment? weekly/monthly What is the schedule for testing emergency/standby equipment? Do pump station logs include: ■ nnn Inside and outside cleaning and debris removal? ■ nnn Inspecting and exercising all valves? ■ nnn Inspecting and lubricating pumps and other equipment? ■ nnn Inspecting alarms,telemetry and auxiliary equipment? ■ nnn Is there at least one spare pump for each pump station w/o pump reliability? nnn ■ Are maintenance records for right-of-ways available? ■ nnn Are right-of-ways currently accessible in the event of an emergency? nrin ■ Are system cleaning records available? nnn ■ Has at least 10%of system been cleaned annually? Page: 3 Permit: WQCSD0453 Owner-Facility: Trillium Links&Village LLC Inspection Date: 07/24/2013 Inspection Type: Collection System Inspect Non Sampling P 9 Reason for Visit: Routine \ What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? fl n fl Does the plan include: 24-hour contact numbers 0 0 Response time 0 0 El Equipment list and spare parts inventory ❑ n 0 Access to cleaning equipment 0 0 Access to construction crews,contractors,and/or engineers 0 n Cl Source of emergency funds ❑ 0 n Site sanitation and cleanup materials 0 0 0 Post-overflow/spill assessment 0 Is a Spill Response Action Plan available for all personnel? ❑ n 0 Is the spare parts inventory adequate? fl 0 0 Comment: Page: 4 A4 !I/ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skv Ili Governor Director Secretary August 13, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6384 Ms. Anne Vance Pavillon International P.O. Box 199 Mill Spring,North Carolina 28756 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 NCO085294 Pavillon International Britten Creek WWTP Case No. LV-2013-0156 Polk County Dear Ms.Vance: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,387.00 ($1,250.00 civil penalty+ $137.00 enforcement costs) against Pavillon International. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Pavillon International for the month of May 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0085294. The violations which occurred in May 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Pavillon International violated the terms, conditions or requirements of NPDES Permit NCO085294 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, Chuck Cranford, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Pavillon International: DIVISION OF WATER RESOURCES—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500\ FAX:(828)299-7043 Internet: www.ncwaterguality.ora An Equal Opportunity/Affirmative Action Employer I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $125.00 NC0085294, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLT, \\` 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0085294, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD -Conc. 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0085294, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $312.50 NC0085294, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Conc. 1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. $312.50 NC0085294, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS - Conc. $1.250.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $1,387.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- ' 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount.of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 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 Resources 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 Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for",,,, official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Resources staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck ranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWR Regional Supervisor w/attachments NPDES Point Source w/attachments DWR Central Files w/attachments James&James Environmental/ORC w/attachments C,`u"Q St`t"Polk\��"a5te�3ater`.hlinors;PavilEitm Britten Creek 45294\1N-2013-0156.doc �J JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0156 County: Polk Assessed Party: Pavillon International/ Britten Creek WWTP Permit No.: NC0085294 Amount Assessed: $1,387.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences) _ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: fE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES BOUNTY OF POLK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS PAVILLON INTERNATIONAL/ ) BRITTEN CREEK WWTP ) PERMIT NO.NCO085294 ) FILE NO. LV-2013-0156 Having been assessed civil penalties totaling $1.3 87.00 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 13,2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE �\ \� I /\ \�. `��, _ _. ___.. C d W IL N O } W W - W W W W X W Q 7 Z) N 7 7 7 E E E `m E E E `m G> X X X X Q g 2 a, Q Z O co � M O w 0LU 0 UU WH ti CD00 ti O U) LO OM) V' � OJ r M co 0 LU t-W in m rn U? �¢ Nco co J� Q U v a V V M J O d K a E - - - O� rn rn m oo � rn rn ry E E E E E E Z Z W 7k O M2 In 10 T Q G M Z Z N D C7 Lu E E E E E E E UU. N N N N N N N Q O m 0, O7 co Q ~Q o 0 U) COo o M t6 Z o� o 0 0 0 0 0 0 a U) '> Q U a W- C G C C C I C V 2 U U U O (j U U QQ U w Q cn O O O w U) rmn m •�, G. m to m W h F F m r p c c J Q UO W W W W W W W J LL J Qa O O O O O O O �a o 0 0 0 0 0 0 O O {N Z� M M M M M M M O O toQ O O O O IL N N N N N N N CZW 6 0 0 0 ui 0 � Z O� > ~ o O IG O o O to N N to Ln m N W C Z N N N N N C] O. J d ifl in � 61) its in 6» -_... �t .J �\ (� __ 41fA RMENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E.Skvarla, III Governor Acting Director Secretary August 13, 2013 Kenneth B. Geathers Jr., Town Manager Town of Rutherford College PO Box 406 Rutherford College, NC 28671 SUBJECT: Collection System Inspection Town of Rutherford College Tracking No: WQCSD0389 Burke County Dear Mr. Geathers: On August 6, 2013, 1 conducted an inspection of the Town of Rutherford College's collection system program. You were present for part of the inspection along with John Abernethy with West Consultants. The program was found to be in compliance with the deemed collection system requirements. Your time during the inspection, as well as Mr. Abernethy's efforts in this program, is 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. Sincerely, wv,� Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: John Abernethy (e-copy) Central Files Asheville Files G:\WQ\SWP\Burke\Collection Systems\Town of Rutherford College Collection System\CEI.08-06-13.Ltr.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarofiina Phone:(828)296-4500\FAX:828 299-7043 �gtut'Lj"� Internet:www.ncwaterauality.org -, J� 1��� ` ' __ __ Compliance Inspection Report ,Jermit: WQCSD0389 Effective: 01/29/09 Expiration: Owner: Town of Rutherford College SOC: Effective: Expiration: Facility: Rutherford College Town-USDA County: Burke Region: Asheville Contact Person: Kenneth B Geathers Title: Town Manager Phone: 828-874-0333 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 08/06/2013 Entry Time: 10:00 AM Exit Time: 02:00 PM Phone: 828-296-4500 Primary Inspector: Linda S Wiggs Ext.4653 Secondary Inspector(s): -�qf- Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ■ Compliant Q Not Compliant Question Areas: ■Miscellaneous Questions Performance standards 0 Operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections E Pump Station Lines Reqmts (See attachment summary) Page: 1 Permit: WQCSD0389 Owner-Facility: Town of Rutherford College Inspection Date: 08/06/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: The Town of Rutherford College employs John Abernethy with West Consultant to operate their collection system. John Abernethy is very knowledgeable and conscientious in the job performed thus far for Rutherford College in operating and maintaining this system. This is a deemed collection system, consisting of—19 miles of sewerlines with 2 pump stations. It is a fairly new collection system (late 80s-early 90s). The entire system discharges to the Valdese collection system. Pump Stations: Carnegie St. -2 submersible 50 GPM pumps Azalea Dr. -2 submersible 200 GPM pumps The wet wells are pumped annually or as needed. Two industries currently discharge to the Rutherford College collection system: Omara and BSN Jobst. J Page: 2 Permit: WQCSD0389 owner-Facility: Town of Rutherford College Inspection Date: 08/06/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Yes No NA NE Performance Standards Is Public Education Program for grease established and documented? ■ nnn What educational tools are used? Bimonthly newsletter can include info. Is Sewer Use Ordinance/Legal Authority available? ■.nnn ■ Does it appear that the Sewer Use Ordinance is enforced? nnn ■ nnn Is Grease Trap Ordinance available? Is Septic Tank Ordinance available(as applicable,i.e.annexation) ■ nnn List enforcement actions by permittee, if any,in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? ❑ n ■ ❑ Does CIP address short term needs and long term Vmaster plant/concepts? nn ■ n nn ■ n Does CIP cover three to five year period? Does CIP include Goal Statement? n n n ■ Does CIP include description of project area? nn n Does CIP include description of existing facilities? nn ■ n nn ■ n Does CIP include known deficiencies? Does CIP include forecasted future needs? n n ■ n Is CIP designated only for wastewater collection and treatment? n Q ■ n Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments Is system free of known points of bypass? ■ nnn If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ nnn #Does the sign include: ■ nnn Instructions for notification? ■ nnn Pump station identifier? ■ nnn 24-hour contact numbers If no, list deficient pump stations Page: 3 Permit: WQCSD0389 Owner-Facility: Town of Rutherford College Inspection Date: 08/06/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine #Do ALL pump stations have an"auto polling"feature/SCADA? ■ Q ❑ n Number of pump stations 2 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 2 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ■ fl #If yes,date implemented? Describe: As needed basis. Contracted. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ 0 n 0 Are records available that document pump station inspections? ■ 0 0 n Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ 0 i_7 Q Are non-SCADA/telemetry equipped pump stations inspected every day? 0 I_l ■ 0 Are records available that document citizen complaints? ■ 0 0 C1 #Do you have a system to conduct an annual observation of entire system? ■ 0 fl n #Has there been an observation of remote areas in the last year? n n ■ 0 Are records available that document inspections of high-priority lines? ■ 0 0 Q Has there been visual inspections of high-priority lines in last six months? ■ 0 0 0 Comment: Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ nnn Does supervisor review all log books on a regular basis? ■ 0 0 Does the supervisor have plans to address documented short-term problem areas? ■ 0 0 fl What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? As needed. Are maintenance records for equipment available? ■ fl 0 1=) Is a schedule maintained for testing emergency/standby equipment? ■ 0 ❑ 0 What is the schedule for testing emergency/standby equipment? monthly Page: 4 Permit: WQCSD0389 Owner-Facility: Town of Rutherford College Inspection Date: 08/06/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Do pump station logs include: ■ nnn Inside and outside cleaning and debris removal? ■ nnn Inspecting and exercising all valves? ■ nnn Inspecting and lubricating pumps and other equipment? ■ nnn Inspecting alarms,telemetry and auxiliary equipment? Is there at least one spare pump for each pump station w/o pump reliability? ■ nnn ■ nnn Are maintenance records for right-of-ways available? ■ nnn Are right-of-ways currently accessible in the event of an emergency? ■ nnn Are system cleaning records available? ■ Has at least 10%of system been cleaned annually? nnn What areas are scheduled for cleaning in the next 12 months? Omara line. College Pines line. ■ nnn Is a Spill Response Action Plan available? Does the plan include: ■ nnn 24-hour contact numbers ■ nnn Response time Equipment list and spare parts inventory ■ nnn ■ nnn Access to cleaning equipment ■ nnn Access to construction crews,contractors,and/or engineers ■ nnn Source of emergency funds ■ nnn Site sanitation and cleanup materials ■ nnn Post-overflow/spill assessment ■ nnn Is a Spill Response Action Plan available for all personnel? ■ nnn Is the spare parts inventory adequate? Comment: The public works infrastructure O & M is contracted out, as is spill response. Yes No NA NE Records Are adequate records of all SSOs,spills and complaints available? ■ nnn nn ■ n Are records of SSOs that are under the reportable threshold available? Do spill records indicate repeated overflows(2 or more in 12 months)at same location? 000 Page: 5 Permit: WQCSD0389 Owner-Facility: Town of Rutherford College Inspection Date: 08/06/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Comment: CARNEGIE ST- A Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ D n Is it accessible in all weather conditions? ■ ❑ n n #Is general housekeeping acceptable? ■ 0 ❑ 0 Are all pumps present? ■ nnn Are all pumps operable? ■ fl El 0 Are wet wells free of excessive debris? ■ fl ❑ 0 Are upstream manholes free of excessive debris/signs of overflow? ■ 0 ❑ 0 Are floats/controls for pumps/alarms operable? ■ 0 ❑ 0 Is"auto polling"feature/SCADA present? n fl ■ Is"auto polling"feature/SCADA operational? 0 ❑ ■ 0 Is simple telemetry present? ■ nnn r'., Is simple telemetry operational? ■ nnn Are audio and visual alarms present? ■ 0 Cl n Are audio and visual alarms operable? ■ ❑ n Is the Pump station inspected as required? ■ 0 0 0 Are backflow devices in place? 0 fl ■ Are backflow devices operable? ❑ 0 ■ 0 Are air relief valves in place? rl fl ■ Are air relief valves operable? 0 f_1 ■ 0 # Is an emergency generator available? ■ 0 0 0 Can the emergency generator run the pumps? ■ ❑ fl 0 Is the pump station equipped for quick hook-up? ■ 0 0 n Is the generator operable? ■ 0 0 0 #Is fuel in tank and sufficient? n n ❑ ■ Is the generator inspected according to their schedule? ■ 0 0 n Is a 24-hour notification sign posted? ■ nnn \ Page: 8 Permit: WQCSD0389 Owner-Facility: Town of Rutherford College Inspection Date: 08/06/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Does it include: ■ nnn Instructions for notification? ■ nnn Pump station identifier? ■ nnn Emergency phone number ■ nnn Is public access limited? ■ nnn Is pump station free of overflow piping? ■ nnn Is the pump station free of signs of overflow? yes Are run times comparable for multiple pumps? Comment: OMARA-INDUSTRY - Yes No NA NE Lines/Right-of-Ways/Aerie) Lines ■ nnn Is right-of-way accessible for emergency? ■ nnn Is right-of-way free of sinkholes or depressions? n Is line/right-of-way free of evidence of leakage? ■ nn nnn ■ #Are there areas of exposed line? nnn ■ #Is any exposed line constructed of ductile iron or other approved material? _ nnn ■ Are water crossing and supports in good condition? #Is right-of-way free of non-utility motorized traffic? ■ nnn ■ nnn Is line free of visible damage? n ■ nn #Are there siphons in this system? If yes,are they maintained and documented? Comment: This line receives the two industrial wastewater discharges. Page: 9 �� 4� \\ ��' Ain, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 14, 2013 Michelle Masta,President Black Bear Paving& Construction, Inc. 6456 Sylva Road Franklin,North Carolina 28734 Subject: 401 Water Quality Certification-Approval Echo Valley Project DWQ Project#2013-0171,Version 2 Macon County LTNO1 /Coon Creek/2-24-3 /Class C Dear Ms. Masta: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 150 linear feet of streams for the purpose of —property access and equipment storage area at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control and Stormwater regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 150 (feet) Application Item C. 3. Stream -27 (linear feet) Application Item C. 3 Additional Conditions Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one Phone:828-296-4500\FAX:828-299-7043 NorthCarolina Internet:www.nrwaterquality.org vlxz'rally An Equal Opportunity'\.Affirmative Action Employer KL `LF� \ \. �'� �I l i Construction,Inc. 1. The stormwater management system, (consisting of a grassed swale and dry detention basin), all stormwater conveyances, and the grading and drainage patterns depicted on the plans signed and sealed July 30, 2013 by Ms. Wanda Austin,P.E., as approved by this office must be maintained in perpetuity.No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Resources. The stormwater management structures shall have maintenance access for the ability to maintain the structures, and to perform corrective actions. 2. The stormwater easements shall be recorded to provide protection of the structures from potential alterations by future property owners. Documentation of the easements shall be made within 6 months of completion of the stormwater management system. The Asheville Regional Office— Surface Water Protection Section shall be notified after completion of the easement documentation. 3. Echo Valley representatives must comply with the requirements of the O&M Agreements immediately upon completion of the stormwater management system. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 1,828) 296-4657. Sincerely, C I I for Tho s A. Reeder TAR/khb Enc: GC3890 Certificate of Completion cc: L. C. Jones, Black Bear Paving & Construction, Inc. 6456 Sylva Road, Franklin,NC 28734 Wanda H. Austin, P.E. 45 Homespun Road, Sylva,NC 28/779 David McHenry,NC Wildlife Resources Commission Matt Mason, Macon County Planner USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\SWP\Macon\401s\Non-DOT\EchoValley\Appvl.08-14-2013.doc .•�,•..- �,�rir► _ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, Ili Governor Director Secretary August 15,2013 Mr.Ed Green,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspections NCDOT Projects Henderson County Transylvania County Dear Mr. Green: On August 6,2013,I inspected the construction work on six(6)NCDOT construction projects in Henderson and Transylvania counties. A copy of the inspection report for each project is attached. Please ensure that all sediment and erosion control structures are being maintained as required and that seeding and mulching are being performed as needed,to protect State surface waters. Refer to the attached copy of the inspection report for additional comments regarding the inspection. If you have questions,please call me at 828-296-4500. Sincerely, 1,7 Michael R.Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office Henderson Transylvania County Inspection Letter August 2013 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-29645001 FAX:828-299-7043 One Internet:www.ncwaterguality.org NorthCarollna An Equal Opportunity t Affirmative Action Employer Vdtu affi �. ��, ,�J. r��` �.�'i . .-._....:......... _-..-_.._. Wetland Inspection Report Project Num: 20081327 Version: 1 Status: Issued Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening County: Henderson Region: Asheville Location: NCDOT-SR 1783(R-4430) Latitude: +35°17'51" Longitude: -82°24'25" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 08/06/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Inspected construction on Upward Road from Howard Gap Road to US Highway 176. Repair silt fence throughout project. Seed and mat any bare areas. Continue to maintain sediment and erosion control measures. Yes No NA NE Permit(401 WQC) Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ 0 n 0 Are the culverts and/or filled areas installed properly? MOOD Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ Q 0 0 Comment: Page: 1 ���✓ ��� I _.. _-.. Site Inspection Report Site Number: WT001246 Site Name: B-4147 Bridges 75&76 Site Address: County: Henderson Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 08/06/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: inspected site with NCDOT Inspectors. End bents had been completed for the larger of the two bridges. Contractor was driving piles on north side of larger bridge. Sediment and erosion control measures appeared to be well maintained and working properly. Continue to maintain sediment and erosion control measures. Seed and mulch all bare areas. Yes No NA NE Permit(401 WQC) Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ 0 fl n Are the culverts and/or filled areas installed properly? ■ ❑ n 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ 0 n 0 Comment: Page: 1 Wetland Inspection Report Project Num: 20111101 Version: 2 Status: Issued Project Name: NCDOT-SR 1006(R-52074) Project Type: Road maintenance/repair/improvements County: Henderson Region: Asheville Location: NCDOT-SR 1006(R-5207,4) Latitude: +35°21'44" Longitude: -82°26'55" SW Plan Location: Site Owner Name: NC DOT Division 14-Sylva Inspection Date: 08/06/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: N Permit(401 WQC) Inspection Summary: Conducted inspection of entire project.R-5207A NHM Constructors Contractor was installing culvert and pumping around. Contracator was clearing and grubbing along the roadway. Sediment and erosion control measures were being installed a various areas. Sediment and erosio control measures appeared to be working properly. Continue to maintain sediment and erosion control measures. Seed and mulch all bare areas. Page: 1 Project Num: 20111101 Owner: NC DOT Division 14-Sylva Inspection Date: 08/06/2013 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ❑ ❑ Q Are the culverts and/or filled areas installed properly? n 0 n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 ❑ 0 Comment: Page: 2 Wetland Inspection Report Project Num: 20111101 Version: 2 Status: Issued Project Name: NCDOT-SR 1006(R-5207B) Project Type: Road maintenance/repair/improvements County: Henderson Region: Asheville Location: NCDOT-SR 1006(R-5207B) Latitude: +35°21'44 Longitude: -82°26'55" SW Plan Location: Site Owner Name: NC DOT Division 14-Sylva Inspection Date: 08/06/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant ❑ Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Conducted inspection of entire project. Rip rap had been installed on downstream side of bridge to prevent erosion of bank. Clean silt from behind check dams and from basins. Reinforce all ditch check dams with more Class B rip rap and#57 stone. Seed, mulch and mat all bare slopes and other bare areas. Yes No NA NE Permit(401 WQC) Does the impact(s)match what was approved in the 401 WQC or non 404 permit? E n n n Are the culverts and/or filled areas installed properly? ■ ❑ Q 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? m 0 0 0 Comment: Page: 1 �li L �� Wetland Inspection Report Project Num: 20121077 Version: 1 Status: Issued Project Name: NCDOT-Bridge No.27 on US 64(B-5010) Project Type: Replace bridge with culvert County: Transylvania Region: Asheville Location: NCDOT-Bridge No.27 on US 64(B-5010) Latitude: +35°06'43" Longitude: -82°59'23" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 08/06/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 - Secondary Inspector(s): Facility compliance Status: N Compliant 0 Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Inspected site with NCDOT inspector. Contractor was working on traffic diversion by filling in area adjacent to pond. Grading was also underway. Sediment and erosion control measures appeared to be working properly. Continue to maintain sediment and erosion control measures and seed and mulch as required. Yes No NA NE Permit(401 WQC) Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ 0 0 0 Are the culverts and/or filled areas installed properly? ■ fl ❑ 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 ❑ I_1 0 Comment: Page: 1 �_� 1 I�� r_,,, �./ __ _ _ Site Inspection Report Site Number: WT001276 Site Name: B-5114J NCSR 1327 Site Address: 253 Webster Rd County: Transylvania Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 08/06/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Phone: Inspection Contact Person: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: ■ Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Inspected site with NCDOT Inspector. The project was being paved at the time of inspection. Sediment and erosion control measures appeared to be maintained and operating properly. Yes No NA NE Permit(401 WQC) Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ 0 0 0 Are the culverts and/or filled areas installed properly? ■ n n 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ 0 Q 0 Comment: Page: 1 AjjA KNEW North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 15,2013 Henderson County DWQ Project 20130829 TIP No. B-4988 NCSR 1528(Locust Grove Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Gregory J.Thorpe,Ph.D.,Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina, 27699-1598 Dear Dr.Thorpe: You have our approval, in accordance with the conditions listed below,for the following impacts in Featherstone Creek for the purpose of replacing Bridge No. 309 with a double barrel 77-foot long by 8-foot wide by 6-foot high,reinforced ;oncrete box culvert(RCBC) on NCSR 1528 (Locust Grove Road)in Henderson County: Stream Impacts in the French Broad River Basin Site Permanent Fill Floodplain Permanent Temporary Total Stream in Intermittent Bench and Fill in Impacts in Stream Impacts Stream Streambank Perennial Perennial Impact [Requiring (linear ft) Stabilization Stream Stream (linear ft) Mitigation linear ft linear ft (linear ft (linear ft) Sites 1 0 75 78 126 279 0 Total 0 175 78 126 279 0 Total Permanent Stream Impacts for Project: 153 lin.ft.Total Temporary Stream Impacts for Project: 126 linear ft. The project should be constructed in accordance with your application dated July 15, 2013 (received August 6, 2013), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886,corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change;you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NofthCarolina Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Dr. Gregory J.Thorpe,Ph.D. August 15,2013 Page Two or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 3. ,Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with they \j project. � c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 5. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 6. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. ,ory J.Thorpe,Ph.D. ,c 15,2013 Three 8. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 9. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 10. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 11. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 12. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 13. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic materials. 15. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 16.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 7. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 19. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. ands shall be placed at slopes no flatter than 3:1, unless otherwise 20. All fill slopes located in jurisdictional wetl authorized by this certification. 21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 22. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 23. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated,or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 24. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,etc. ' 5. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. Dr. Gregory J.Thorpe,Ph.D. August 15, 2013 Page Four 26. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. 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, 00, for Thoma A. Reeder Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ben DeWit,Roadside Environmental FO Engineer Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20130829(Thorpe)TIP No.B-4988 NCSR 1528(Locust Grove Road) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 15,2013 Emily McBride Fletcher 1028 Compass Creek Road Hayesville,North Carolina 28904 Subject: 401 Water Quality Certification-Approval 1038 Compass Creek Road Stream Ford DWQ Project#20130496 After the Fact Clay County HIWO1 /Compass Creek/ 1-21-7/Class C; Tr; HQW Dear Ms. Fletcher: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 75 linear feet of streams for the purpose of property access and fish passage at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Trout Moratorium regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 35 (linear feet)—concrete ford Application Item C. 3. Stream 40 (linear feet)—stream stabilization Additional Information and fish passage Dated August 9, 2013 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45OOt FAX:828-299-7043 NorthCarolina Internet:www.ncwaterquality.org Nahtrally An Equal Opportunity,Affirmative Action Employer 1028 Compass Creek Road August 15,2013 Page 2 of 2 Additional Conditions: I. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 2. The stream is a Class C; Trout Waters. In order to protect downstream uses for Class C; Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. 3. Within 60 days of completion of construction, as-built drawings shall be submitted to both the Division of Water Quality, Webscape Unit, 1650 Mail Service Center, Raleigh NC 27699-1650 and to the Asheville Regional Office. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at (828) 296-4657. Sincerely, for ThojA. Reeder TAR/khb Enc: GC3890 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\SWP\Clay\401s\Non-DOAI028 Compass Creek Road-Ford\Appv1.08-14-2013.doc - �1 A701'a RCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E.Skvada, III Governor Director Secretary August 16,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6414 Ms.Melba Mc Cloud-Life Estate 68 McCloud Lane Newland,NC 28657 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT DWQ Tracking Number: NOV 2013-PC-0288 Failure to Secure 401 Removal of Best Usage Avery County Response deadline: September 16,2013 Dear Ms. Mc Cloud: On July 23,2013,Jonathan Stepp from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at McCloud Lane in Avery County. Removal of best usage and 401 WQC violations were noted during the inspection and file review. Sediment impacts to an unnamed tributary to Cranberry Creek, a Class C Trout stream in the Watauga River Basin were documented. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Removal of Best Usage—15A NCAC 02B.0211 (2)—Approximately 200 feet of an Unnamed Tributary to Cranberry Creek,a Class C Trout stream was impacted by a relocated stream channel and fill, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). H. Failure to Secure a 401 Water Quality Certification (WQC) A review of records confirmed that neither the DWQ nor the US Army Corps of Engineers (USACOE)has received an application for a 404 Permit or 401 WQC,prior to the impacts noted in item III above. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 211 .0500. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One�1, Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl u1Carolina Phone:828-29645001 FAX:828-299-7043 Naturally Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Melba McCloud August 16,2013 Page 2 of 2 REQUIRED RESPONSE The DWQ requests that you respond by September 16,2013. Your response should be sent to the attention of Tim Fox,Division of Water Quality,2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Removal of Best Usage—15A NCAC 02B.0211 (2) and 401 Water Quality Certification a. Please explain why these impacts occurred without prior authorization. b. Please provide a map of the project area. The map must include all streams and wetlands on-site, detailing all impacts (i.e., culverts and/or fill). c. Please provide the permanent and temporary plans for the original stream channel including the landslide area and the re-routed stream channel. Once this information is made available and has been evaluated,DWQ staff will advise you and/or your consultant of any applicable permits required by The US Army Corp of Engineers and Division of Water Quality. 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 Tim Fox at(828)296-4500 or tim.fbx@'ncdenr.gov . Sincerely, .�. _ 11 .> Chuck Cranford,Regional"",upervisor Surface Water Protection Asheville Regional Office Enc: Stream Restoration Plan Guidance cc: Karen Higgins, WBSCP Unit ARO File Copy Tasha McCormick—USACE Regulatory Field Office Avery County Planning G:\WQ\SWP\Avery\Complaints\McCloud Lane Stream Relocation\NOV-2013-PC-0288.McCloud.08.16.13.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70.Swannanoa,North Carolina 28778 NorthCarOhllS Phone:828-296-4500\FAX:828-299-7043 Internet: www.ncwaterquality.org Action AMt 01144 An Equal Opportunity 1 Affirmative Action Employer. `�L`L A 4 ,n NCDENR North Carolina Department of Environment and Natural Resources Division of Water Water Quality Programs John E. Skvarla, III Pat McCrory Thomas A. Reeder Secretary Governor Director August 16, 2013 City of Asheville Attn: McCray Coates P.O. Box 7148 Asheville,NC 28805 Subject: 401 Water Quality Certification Approval Project Name: Lake Craig/Azalea Road DWQ Project#20130686 Buncombe County French Broad River Basin/ Swannanoa River/6-78 / C Dear Mr. Coates: The Division of Water Quality has completed the review of your 401 Water Quality Certification application issociated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 850 feet of streams for the purpose of infrastructure and stream bank improvements at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control,Buffer and Floodplain regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NQrthCarolina Internet:www.ncwaterquality.org �'V�tl raljj(f An Equal Opportunity\Affirmative Action Employer City of Asheville August 16,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Stream 850 (feet) Plan sheet Item 3a Additional Conditions 1. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fog in the Asheville Regional Office at(828) 296-4664. = Sincerely, for Thomas A. Reeder TARItrf Enc: GC3885 Certificate of Completion cc: Tasha McCormick - USACE Asheville Regulatory Field Office Joel Storrow—McGill Associates WBSCP Unit—Central Office File Copy G:\WQ\SWP\Buncombe\401s\Non-DOT\Lake Craig\APRVL.401LakeCraig-AzaleaRoad.8.16.13.doc 47� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 19,2013 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 221 DWQ Project 08-1809 Individual Certification No. 3784 TIP Nos.R-2233AA and AB Sections Rutherford County Dear Mr. Swain: On August 12,2013,I inspected the construction work on the US Highway 221 Project,R-2233 AA and AB Sections, in Rutherford County. Construction continues along most of the project with heavy grading,bridge construction,pipe installation,roadbed preparation and paving. Sediment and erosion control measures appeared to be maintained and operating properly. Heavy rains over the weekend caused minor problems with recent grading but the contractor was working on the sediment and erosion control measures. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection reports for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Chris Guffey,Assistant Resident Engineer Roger Bryan,Division 13,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 221 August 2013 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterauality.org NorthCarolina An Equal Opportunity;Affirmative Action Employer )VOdurallY Wetland Inspection Report Project Num: 20081809 Version: 1 Status: Issued Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening County: Rutherford Region: Central Location: NCDOT-US 221 (R-2233a) Latitude: +35`12-21" Longitude: -81°50'18" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 08/19/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Inspected entire project. Contractor had been working on sediment and erosion control measures the week before and the project looked very good. Heavy rains over the weekend had caused some minor problems with recent grading,but the contractor was working on the sediment and erosion control measures. Continue to maintain sediment and erosion control measures. Seed and mulch all bare areas as requied. Page: 1 Project Num: 20081809 Owner: NC DOT PDEA Inspection Date: 08/19/2013 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ❑ n n Are the culverts and/or filled areas installed properly? n ❑ n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? Q n Comment: Page: 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 19,2013 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection TIP No.B-5113C Bridge No. 144 Rutherford County Dear Mr. Swain: On August 12,2013,I inspected the construction work on TIP Project No.B-5113C on NCSR 2215 (Henson Road)in Rutherford County. The inspection found that the project had been completed and sediment and erosion control measures appeared to be operating properly. Please ensure that all sediment and erosion control structures are maintained until the grass has become stable. A copy of the inspection report is attached. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Chris Guffey,Assistant Resident Engineer Roger Bryan,Division 13,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-5113C NCSR 1874 August 2013 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-29645001 FAX:828-299-7043 One Internet:www.ncwaterguality.org NOrthCarollna An Equal Opportunity i Affirmative Action Employer NaturallY Site Inspection Report Site Number: WT001266 Site Name: BD-5113C Bridge 144 Site Address: PO Box 3279 County: Rutherford Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 08/12/13 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: N Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Inspected project and project appeared to be complete. Continue to maintain sediment and erosion control measures until project is stable. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 n f_I n Are the culverts and/or filled areas installed properly? . ❑ ❑ n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 n 0 0 Comment: Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary August 19, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 70121010 00021967 6445 Mr. James L. Long, III and Mrs. Elizabeth P. Long 10501 Denoeu Road Boynton Beach, Florida 33472-4531 SUBJECT: NOTICE OF VIOLATION Long Property at 4016 Boiling Springs Road NOV-2013-PC-0209 Failure to Secure 401 Removal of Best Usage Cherokee County Response deadline: September 6,2013 Dear Mr. and Mrs. Long: On August 1, 2013,Mr. Jeff Wait from the Asheville Regional Office of the Division of Energy, Minerals,and Land Resources (DEMLR)conducted a site inspection for your property at 4016 Boiling Springs Road in Cherokee County. Based on information provided to the Division of Water Quality from Mr. Wait's inspection,401 WQC violations were noted during the inspection and file review. • It was observed that 200 linear feet of culvert has been placed in a stream without first obtaining a US Army Corps of Engineers Section 404 permit, and a NC Division of Water Quality Section 401 Certification. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Failure to Secure a 401 Water Quality Certification (WQC) A review of records confirmed that neither the DWQ nor the US Army Corps of Engineers (USACOE)has received an application for a 404 Permit or 401 WQC,prior to the impacts noted above. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE .e t, Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Nonl L11Carolina Phone:828-2964500\FAX:828-299-7043 X&MIly Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer o Springs Road ,,2013 if 3 REQUIRED RESPONSE The DWQ requests that you respond by September 6,2013. Your response should be sent to the attention of Kevin Barnett,Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Failure to Secure 401 Water Quality Certification a. Please explain why these impacts occurred without prior authorization. b. Please provide a map of the project area. The map must include all streams and wetlands on-site, detailing all impacts (i.e.,culverts and/or fill). Two (2) options exist to resolve the violations related to the 401 Water Quality Certification: 1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining to the culvert installation that has occurred. A 401 WQC will be required if the activities are permitted by the Corps. The application process as described does not guarantee the impacts will be approved. 2. Restore the stream to pre-existing conditions. a. includes the removal of the impacts,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. If pursuing Option 1: 1. Contact the U. S. Army Corps of Engineers to determine the permitting needs of the activities you have undertaken. The Asheville office phone number is(828) 271-7980. 2. Provide a proposed schedule of when you expect to have the required Pre-. Construction Notification(401 WQC application) submitted to DWQ. If pursuing Option 2: a. Please submit a Stream Restoration Plan to this office for review and approval. You must secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. The plan must include the removal of the impacts,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. Refer to the attached Stream Restoration Plan Guidance. ,prings Road _013 s It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: b. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. c. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Kevin Barnett. 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 or kevin barnett denr.Roy . Sincerely, Chuck Cranford, Regi ial Supervisor Surface Water Protection Asheville Regional Office Enc: Stream Restoration Plan Guidance cc: Karen Higgins, WBSCP Unit David Brown,US Army Corps of Engineers David McHenry,NC Wildlife Resources Commission ARO File Copy Laura Herbert, Division of Energy, Mineral, and Land Resources Cherokee County Planning G:\WQ\S WP\Cherokee\ComplaintsUamesLong.4016BoilingSpringsRd\NOV2013 PCO290.08-19-2013.doc �, ��, �l, __. _... WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E.Skvarla, III Governor Director Secretary August 19, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 70121010 0002 1967 6421 Bills Mountain, LLC. Attn: Ed Nunez,Registered Agent 525 North Main Street Hendersonville,NC 28792 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 70121010 00021967 6438 Stig Wennerstrom 2730 SW 3rd Avenue Miami, FL 33129-2339 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT The Vista at Bills Mountain DWQ Tracking Number: NOV-2013-SS-0008 Stream Standard Violation- Other Waste (In-stream sediment) Rutherford County Response deadline: September 19, 2013 Dear, Mr.Nunez: On July 17, 2013, Tim Fox from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at The Vista at Bills Mountain in Rutherford County (GPIN 0662005678800000). A large slope failure occurred that impacted approximately 1500 feet of stream below. The slope failure has also impacted Lot 17 Phase 3 (GPIN 0662005859480000) shown by Rutherford County Property Information to be owned by Neena L.Nowell. Stream standard violations were noted during the inspection and file review. Sediment impacts to an unnamed tributary to Bills Creek, a Class C Stream were documented. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina Phone:828-296-4500t FAX:828-299-7043 NahmallyInternet: www.ncwaterquality.org An Equal Opportunity!Affirmative Action Employer LLC. ,13 I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f—Approximately 1500 feet of an Unnamed tributary to Bills Creek a Class C stream was impacted by sediment deposition measured to be in excess of 6 inches in depth throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). REQUIRED RESPONSE The DWQ requests that you respond by September 19, 2013. Your response should be sent to the attention of Tim Fox, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Stream Standard- Other Waste (In-Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address measurements of existing sediment and removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Tim Fox of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed including techniques, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel,referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Tim Fox. 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 /'- � `t� �_� r � ,�'J, LLC. A3 ature/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Tim Fox at(828) 296-4500 or tim.foxAncdenr.gov. Sincerely, Chuck Cranford,RegionaYSupervisor Surface Water Protection Asheville Regional Office Enc: cc: Karen Higgins, WBSCP Unit USACE, Asheville Regulatory Field Office ARO File Copy Laura Herbert, Division of Energy, Mineral, and Land Resources Neena Nowell—Lot 17 Property Owner Rutherford County Planning G:\WQ\SWP\Rutherford\Complaints\Bills Mountain Landslide\NOV-2013-SS-0008.Bills Mt LLC.08-19-13.doe ��\ l �, -� ���: :.% A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 20,2013 Ms. Bonny Marsh, President Carriage Park Homeowners Association P.O. Box 1793 Hendersonville,NC 28793 Subject: 401 Water Quality Certification -Approval Carriage Park HOA—UT Mill Pond Creek Bank Stabilization DWQ Project# 13-0731 Henderson County FRB/UT Mill Pond Creek/6-51 /WS-IV Dear Ms. Marsh: The Division of Water Resources has completed the review of your 401 Water Quality Certification application 'associated with the subject project listed above. f stream for the purpose of impact 15 feet o p� been ranted to lace fill within or otherwise p Approval has g p streambank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3883. This Certification allows you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) I Plan Location or Reference Stream 15 (feet) Application, Part C.3. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one Phone:828-296-4500\FAX:828-299-7043 NorthCarohna Internet:www.newaterquality.org Naturally /{�'J atuL "a l y An Equal Opportunity\Affirmative Action Employer Ms.Marsh August 20,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Susan Wilson in the Asheville Regional Office at(828)296-4500. Sincerely, for Thomas ' . Reeder TAR/saw Enc: GC3883 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\SWP\Henderson\401s\Non-DOT\Carriage Park HOA\APRVL.Carriage Park HOA.8 2013.doc NCDENIt North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 21, 2013 Timothy Dean Sweeny 130 of Chatham, LLC 3409 Birk Bluff Court Cary,North Carolina 27518 Subject: 401 Water Quality Certification -Approval Box Creek Wilderness—Copperleaf Tract—Culvert Removal DWQ Project# 2013-0788 McDowell County BRD02/Bakers Creek/9-41-17/Class WS-V Dear Mr. Sweeny: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 148 linear feet of streams for the purpose of -'stream enhancement at the subject property. This certification does not authorize the approval of credit ratios and/or releases associated with the Box Creek Wilderness Mitigation Bank nor indicate IRT approval of this bank. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows you to use Nationwide Permit 13 /27 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 148 (feet) Application Item C. 3. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NofthCarollna Internet:www.ncwaterquality.org NahirallyAn Equal Opportunity,Affirmative Action Employer 130 of Chatham,LLC. August 21,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in. criminal and/or civil penalties. Additional Conditions: 1. Monitoring benchmarks must be established. Cross sectional and longitudinal measurements shall be conducted at end of construction, at the first year anniversary after completion of the work,then bi- annually for 4 more years (along with photo documentation) at a minimum. (As-built and years 1, 3, and 5) Reports shall be submitted(after the end of each monitoring year) within 30 days of completion of each monitoring event. Both the ACOE and DWQ shall be notified if repairs are necessary and the applicant/property owner will receive approval prior to implementation. Vegetation assessments shall also be made and reported during this time. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at (828) 296-4657. Sincerely,? for Thomas A. Reeder TAR/khb Enc: GC3885 Certificate of Completion cc: Ian Eckardt, Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104, Charlotte,NC 28203 David McHenry,NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\SWP\McDowell\401sWon-DOT\Box Creek Mitigation Bank\Aprv1.08-22-2013.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvar III Governor Director Secretary ary August 22,2013 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C. Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Stormwater Inspection DWQ Project 10-10 17 TIP No.U-2550B NC Highway 18 @ I-40 Burke County Dear Mr. Swain: On August 21,2013,I inspected the construction work on TIP Project No. U-2550B,NC Highway 18 at Interstate 40 in Burke County. The inspection included a review of sediment and erosion control measures, compliance with the 401 Water Quality Certification and the stormwater permit. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Chris Guffey,Resident Engineer Roger Bryan,Division 13,DEO Ben DeWitt,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office R-2550B NC Highway 18 @ I-40 August 2013 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 1�TOn.,e,t, t Internet:www.ncwaterguality.org 1�ofthC/c`y��rollrin An Equal Opportunity i Affirmative Action Employer vv�t L wlly __ - _. _- _ ���. ��1 ��`, ,4 J Wetland Inspection Report Project Nu : 20101017 Version: 1 Status: Issued Project Name: NCDOT-NC 18(U-2550B) Project Type: Road maintenance/repair/improvements Coun : Burke Region: Asheville Locati n: NCDOT-NC 18(U-2550B) Latitude: Longitude: SW Plan Location: Site Owner Nam : NC DOT PDEA Inspection Date: 08/21/2013 Reason for Inspection: Routine Inspection Type Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Represe tative(s): Primary Inspect r: Michael R Parker Phone: 828-296-4500 Secondary I nspe ctor(s): Facility compliar ce Status: Compliant n Not Compliant Program Area: Construction SW(NCG010000) Question Areas: NCGO10000 ermit Inspection Summary: Reviewed site arid it appeared to be in compliance with the 401 Water Quality Certification and the Construciton SW Permit,except for the missing SDO data from July 29,2014 through August 4,2013. Continue to mai tain sediment and erosion control measures. Seed and mulch all bare areas as required. Page: 1 r Project Num: 20101017 Owner: NC DOT PDEA Inspection Date: 08/21/2013 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine NCG010000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? n n ■ n If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? ■ n n n Is the site maintaining their E&SC measures as per DLR or delegated program? ■ n n n Is a copy of the approved E&SC plan on site? ■ n o n Is a rain gauge present on-site or is MPE in use for the site? ■ n n n Is rain gauge data or MPE data recorded? ■ n n n Are inspection records complete? n ■ n n Is the site compliant with other conditions of the NCG010000 permit? ■ n n n Comment: There were no SDO records for July 29, 2013 through August 4, 2013. If they are available and not written in the log book, then this item needs to be completed. � l Page: 2 A FA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. S altla, III Secretary Governor Director ary August 22,2013 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C. Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 19 DWQ Project 07-1134 Individual Certification No.3706 TIP Nos.R-2519A Yancey County Dear Mr. Swain: On August 20,2013,t inspected the construction project on the US Highway 19 Project in Yancey County. Construction continues along most of the project with heavy grading,utility construction and culvert -- installation. It's important that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspections. If you have questions,please call me at 828-296-4500. Sincerely, ;ezWM4k1,2 /4? Michael R.Parker Environmental Senior Specialist Attachment cc: Randy McKinney,PE Roger Bryan,Division 13,DEO Ben DeWit,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US 19 R-2519A August 2013 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-2964500\FAX:828-299-7043 One Internet:www.ncwaterpualitv.ora NorthCarohna An Equal Opportunity;Affirmative Action Employer Natural& -------- ------ Wetland Inspection Report Project Num: 20071134 Version: 6 Status: Issued Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening R-2519A County: Madison Region: Asheville Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 08/20/2013 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): ICJ Facility compliance Status: E Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Inspected entire length of project. Heavy construction continues throughout the project with grading and pipe and culvert installation. Sediment and erosion control measures appeared to be maintained and working properly. Continue to maintain sediment and erosion control measrues. Seed and mulch all bare areas. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n 0 n Are the culverts and/or filled areas installed properly? ■ Q 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ fl n Comment: Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 22,2013 Madison County DWQ Project No.1996047OV.2 Certification No. 3078 TIP No.A-0010 C/D Interstate 26 Approval of 401 Water Quality Certification-Modification Ms.Deborah M.Barbour,P.E. Director of Preconstruction North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina,27699-1598 Dear Ms.Barbour: The Division of Water Resources understands that NCDOT wishes to fulfill the mitigation requirements for the A-0010 C/D Project through the Environmental Enhancement Program(EEP). Based on NCDOT's August 6,2013 letter and EEP's July 17,2012 acceptance letter,this transfer of mitigation requirements from North Carolina Wildlife Resources Commission(NCWRC)to EEP is acceptable to the Division of Water Resources. 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. S�ince�rely, for Tho s A. Reeder cc: Lori Beckwith,USACE,Asheville Field Office Roger Bryan,Division 13,DEO Marella Buncick,USFWS Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 1996047OV.2(Barbour)TIP No.A-0010 C/D Interstate 26 SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE On.,u1e�t, Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl Carohna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 vVa'havlly Internet: www.ncwaterquality.org K` L` An Equal Opportunity,Affirmative Action Employer ,l -�� ``�;. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, lll Governor Director Secretary August 22,2013 Joseph Moore, PE City of Brevard 95 West Main Street Brevard, NC 28712 Subject: Permit No.WQ0O36695 City of Brevard New 24" Gravity Sewer Extension along Neely Road Wastewater Collection System Extension Transylvania County Dear Mr. Moore: In accordance with your application received August 13, 2013 we are forwarding herewith Permit No.WQ0036695, dated August 21, 2013,to the City of Brevard for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the City of Brevard to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa, NC 28778 NofthCarolina Phone: (828)296-4500 FAX:828 299-7043 � K�r��``//`✓L/ Internet:www.ncwaterguality.orQ An Equal Opportunity\Affirmative Action Employer G:1WQ\SWP\Transylvan4xCollection Systems\Brevard Collection System WQCS00084!ExtensionPermitsiWQ0036695 New 24'Neely Road.doc City of Brevard WQ0036695 If you need additional information concerning this matter, please contact Jeff Menzel at 828-296-4500 or via e-mail at jeff.menzel@ncdenr.gov. Sincerely, E for Thomas A. Reeder Division of Water Resources by Chuck Cranford Asheville Region Surface Water Protection Supervisor cc: Alvin Fuller Jr., PE-Project Engineer Transylvania County Health Department Transylvania Building Inspections Department Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) of Brevard ,dQ0036695 NCDGNR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Brevard Transylvania County for the construction and operation of approximately 550 linear feet of 24-inch gravity sewer as part of the new 24" Gravity Sewer Extension Along Neely Road project,and the discharge of 0 gallons per day of collected domestic wastewater into the City of Brevard's existing sewerage system, pursuant to the application received August 13, 2013, and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 22"d day of August,2013 for Thomas,A. eeder Division of Water Resources By Authority of The Environmental Management Commission Permit Number:WQ0036695 The City of Brevard is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the City of Brevard's Wastewater Treatment Facility NC0060534 prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions. II. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved,and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T.0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO(or the most current Division approved form)within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form)can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities; the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation,Declarations/Covenants/Restrictions,and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings(plan & profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, 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. c. Changes to the project that do not result in non-compliance with this permit, regulations,or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit (including pipe length increases of 10%or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. 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. 11. 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 pertainingto wetlands under 15A NCAC 26.0200 and 15A NCAC 2H .0500. ( �\1 \ ) �,� \�;`: BACK ENGINEERING CERTIFICATION nittee: City of Brevard Permit No.W00036696 oject: 24"Gravity Sewer Extension Along Neely Road project Issue Date: 22/08/2013 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: ......................................................................................... SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 U.S.HWY 70 SWANNANOA, NC 28778 :....................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. ���� �_ t __ 4 ' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E.Skvarla, III Governor Director Secretary August 22, 2013 Sherri Bradshaw, Town Manager Town of Drexel PO Box 188 Drexel NC 28619 SUBJECT: Collection System Inspection Drexel Collection System Permit No: WQCS00323 Burke County Dear Ms. Bradshaw: On July 31, 2013, 1 conducted an inspection of the Town of Drexel's collection system program. Present during the inspection were Scotty Costner and Roger Burleson. I was hoping to meet with you to get acquainted and explain the collection system permit requirements; unfortunately you were unable to join us. The program was found to be marginally compliant with permit WQCS00323. Deficiencies exist related to reinvestment in the collection system as well as reporting. These areas are required in the permit under Section I. Performance Standards #5, and Section IV. Monitoring and Reporting #2. Please also note in the enclosed inspection report comments related to Section 11. #2 and Section V. #2 of your permit. The first area that needs your attention and response is regarding the Capital Improvement Plan (CIP). Pursuant to permit requirements Section I. Performance Standards #5, the Permittee shall designate funding for reinvest into the collection system infrastructure. During my file review, I found a CIP prepared for the Town of Drexel by HSMM in February 2009. This CIP is dated and incomplete. There are 5 sewer improvement areas listed in this CIP. According to Mr. Costner and Mr. Burleson none of these improvements have been made. I need to know if the Town of Drexel'has plans to undertake any of these improvement projects. The town has one sewer pump station, which has deficiencies. During my file review, found an Engineering Report prepared by McGill and Associates in December 2012 for a Sewer Pump Station Replacement project along with an approval letter from the Infrastructure Finance Section dated April 12, 2013. This letter sets milestones for funding of the pump station replacement project. Please respond regarding the Town's intentions on meeting these milestones. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 fiffiCarolina Phone:(828)296-4500\FAX:828 299-7043 `/VK`�cut'q`[� Internet:www.newaterguality.org Page Two Town of Drexel August 22,2103 Another area of the program that needs to be reviewed is Sanitary Sewer Overflows (SSO) reporting. This is particularly important for the Town of Drexel given your proximity to a Public Water Supply intake downstream. The sewer system and the pump station serving the Town of Drexel are aged, yet there has never been an SSO reported to the Division of Water Quality. Please review Section IV#2 in your permit for the reporting requirements relating to SSOs. I will assist Mr. Costner directly through this process. Please refer to the enclosed inspection report for other areas that need your attention. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: ORC (e-copy) Central Files Asheville Files G:\WQ\SWP\Burke\Collection Systems\Drexel Collection System\CEI.07-31-13.Ltr.doc Compliance Inspection Report Permit: WQCS00323 Effective: 05/01/13 Expiration: 04/30/18 Owner: Town of Drexel SOC: Effective: Expiration: Facility: Drexel Collection System County: Burke Region: Asheville Contact Person: Sherri Bradshaw Title: Town Manager Phone: 828-437-7421 Directions to Facility: System Classifications: CS2, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NC0041696 Town of Valdese-Lake Rhodiss WWTP Inspection Date: 07/31/2013 Entry Time: 10:00 AM Exit Time: 03:00 PM Primary Inspector: Linda S Wiggsjp/ Phone: 828-296-4500 Ext.4653 Secondary Inspector(s)IC Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant r1 Not Compliant Question Areas: Miscellaneous Questions Performance Standards operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections Pump Station Manhole Reqmts Lines (See attachment summary) Page: 1 Permit: WQCS00323 Owner-Facility: Town of Drexel Inspection Date: 07/31/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Present during the inspection were Scotty Costner and Roger Burleson with the Town of Drexel The Drexel collection system has—13 miles of sewer lines. They have 5 high priority aerial lines which they inspect monthly. The collection system is Orangeburg pipe, 60+years old. Drexel has 1 pump station at the old wastewater treatment facility. The pump station is also very old.An engineering report by McGill and Associates dated December 2012 to replace this pump station has been submitted. A Capital Improvement Plan (CIP)prepared by HSMM dated February 2009 is on file at the Asheville Regional Office; none of the improvements listed in the CIP have been initiated or completed. Although not listed in the 2009 CIP, in 2010 —1,500'of sewerline in the vicinity of Byrd Rd. and Woodman St.were replaced. There has never been an SSO reported to the Division of Water Quality by the Town of Drexel. Given the age of their system and the amount of rain in 2013,this is suspect. Discussed during the inspection were proper reporting requirements for overflows. The map needs to be updated. Pertinent people involved in this permit need to establish an ongoing meeting schedule to discuss the collection systems operation and maintenance needs. The pump station is a primary concern. See Bryant Rd pump station section of report. Page: 2 Permit: WQCS00323 Owner-Facility: Town of Drexel Inspection Date: 07/31/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ fl ❑ n What educational tools are used? Going to put education materials on their website.Currently using grease goblin flyers. Is Sewer Use Ordinance/Legal Authority available? ■ fl n n Does it appear that the Sewer Use Ordinance is enforced? ■ n ❑ n Is Grease Trap Ordinance available? ■ n fl Is Septic Tank Ordinance available(as applicable,i.e.annexation) ■ n ❑ n List enforcement actions by permittee, if any, in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? n ■ n Does CIP address short term needs and long term\"master plant/concepts? ❑ ■ o Does CIP cover three to five year period? ■ n n n Does CIP include Goal Statement? ■ n ❑ n Does CIP include description of project area? ■ ❑ n n Does CIP include description of existing facilities? ■ Q n n Does CIP include known deficiencies? ❑ ■ 0 fl Does CIP include forecasted future needs? 0 ■ n Cl Is CIP designated only for wastewater collection and treatment? fl ❑ Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments The 2012-2013 or 2013-2014 revenue and budget were not available. A CIP is on file at the regional office dated 2009,however it is incomplete and dated. Is system free of known points of bypass? ■ n n 0 If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ n ❑ n #Does the sign include: Instructions for notification? ■ ❑ ❑ n Pump station identifier? ■ n n n 24-hour contact numbers ■ n n n If no, list deficient pump stations Page: 3 Permit: WQCS00323 Owner-Facility: Town of Drexel Inspection Date: 07/31/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine \' #Do ALL pump stations have an"auto polling"feature/SCADA? ■ n n 11 Number of pump stations 1 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 1 Number of pump stations that do not meet permit requirements 1 #Does the permittee have a root control program? ■ n #If yes,date implemented? Describe: The Town uses an acid treatment for root control. Comment: The pump station is an old WWTP and is dated. The entire collection system drains to this pump station prior to being discharged into the Valdese system. Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n 0 n Are records available that document pump station inspections? ■ n ❑ 0 Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ ■ ❑ 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 #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 Has there been visual inspections of high-priority lines in last six months? ■ ❑ n n Comment: 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 n What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? It is suggested that the Water Sewer Supervisor,the Public Works Director and the Town Manager meet at least twice a year to discuss operation and maintenance issues and needs. Are maintenance records for equipment available? ■ n 0 Is a schedule maintained for testing emergency/standby equipment? n n ■ n J Page: 4 Permit: WQCS00323 owner-Facility: Town of Drexel Inspection Date: 07/31/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine What is the schedule for testing emergency/standby equipment? Do pump station logs include: Inside and outside cleaning and debris removal? MOOD Inspecting and exercising all valves? ■ 0 0 0 Inspecting and lubricating pumps and other equipment? ■ ❑ 0 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 Are maintenance records for right-of-ways available? ■ ❑ 0 0 Are right-of-ways currently accessible in the event of an emergency? ■ 0 0 Are system cleaning records available? ■ n n Has at least 10%of system been cleaned annually? ■ 0 ❑ 0 What areas are scheduled for cleaning in the next 12 months? As needed. The Town owns a rod machine and a jetter machine to assist with cleaning the system. Is a Spill Response Action Plan available? ■ n 0 0 Does the plan include: 24-hour contact numbers n ■ 0 0 Response time ❑ ■ 0 n Equipment list and spare parts inventory ■ n Access to cleaning equipment ■ ❑ 0 n Access to construction crews,contractors,and/or engineers ■ 0 ❑ n Source of emergency funds ■ 0 Site sanitation and cleanup materials ■ ❑ n n Post-overflow/spill assessment ■ n n 0 Is a Spill Response Action Plan available for all personnel? ■ Cl 0 n Is the spare parts inventory adequate? ■ n n n Comment: The Spill Response Plan needs to be updated to include 24 hour contact numbers and highlight the reporting requirements. Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ❑ ■ 00 Are records of SSOs that are under the reportable threshold available? n ■ (1 0 Page: 5 Permit: WQCS00323 Owner-Facility: Town of Drexel Inspection Date: 07/31/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n ■ n If yes, is there a corrective action plan? n n n n Is a map of the system available? ■ n ❑ n Does the map include: Pipe sizes ■ n n n Pipe materials 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 n n If no,what percent is complete? List any modifications and extensions that need to be added to the map Pipe size is listed except in the heart of town. Most of their pipes are Orangeburg/terracotta. Flow direction is not on map and needs to be added. The approximate age of the pipes is generally known but not listed. Most pipes are the original pipes.A sidebar note with pipe age and material can be included on the map at this \ point since most of the system is same. However,it is suggested there be an annual living map which indicates the location of repairs/replacements etc. The pump station is indicated but the capacity is not. #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? i_I n n ■ #Is permittee compliant with all compliance schedules in the permits? n In ■ n If no,which one(s)? Comment: No SSOs reported. BRYANT RD - Pump Station Yes No NA NE Pump station type Duplex i Are pump station logs available? ■ n n n J Is it accessible in all weather conditions? ■ n n n Page: 6 Permit: WQCS00323 owner-Facility: Town of Drexel Inspection Date: 07/31/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine #Is general housekeeping acceptable? M ❑ n n Are all pumps present? ME] n n Are all pumps operable? n n n Are wet wells free of excessive debris? 0 n 0 Are upstream manholes free of excessive debris/signs of overflow? ❑ n n Are floats/controls for pumps/alarms operable? M ❑ n n Is"auto polling"feature/SCADA present? ❑ 0 n Is"auto polling"feature/SCADA operational? n n 0 I] Is simple telemetry present? 0 ■ ❑ n Is simple telemetry operational? n 0 0 n Are audio and visual alarms present? M Cl 0 n Are audio and visual alarms operable? Cl ■ 0 0 Is the Pump station inspected as required? M n n 13 Are backflow devices in place? n n n Are backflow devices operable? 0 n 0 Are air relief valves in place? n n n Are air relief valves operable? n 0 n # Is an emergency generator available? n ■ n 0 Can the emergency generator run the pumps? n n Cl M Is the pump station equipped for quick hook-up? Cl n n Is the generator operable? n n n #Is fuel in tank and sufficient? n fl n Is the generator inspected according to their schedule? 0 ❑ n Is a 24-hour notification sign posted? ❑ n n Does it include: Instructions for notification? n n n Pump station identifier? n n n Emergency phone number n Cl n Is public access limited? ❑ ❑ n Is pump station free of overflow piping? 0 n 0 Page: 7 Permit: WQCS00323 Owner-Facility: Town of Drexel Inspection Date: 07/31/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine `\ Is the pump station free of signs of overflow? ■ n n n \ Are run times comparable for multiple pumps? unknown Comment: Run times need to be recorded and compared. McGill engineering report indicates the decline in function of this pump station. The visual alarm needs a light bulb; it appears to have been shot. Without this pump station having any telemetry and the bulb being out,the only alarm is the audible which is not sufficient. It was stated that there is an emergency generator but it is in need of repair. It is essential the town stay on track to receive funding for this pump station. Flow meter is not used for DWQ reporting. Regardless, annual calibration is recommended. REECE AND SECRETS CR - Lines/Right-of-Ways/Aeriel Lines Yes No NA NE Is right-of-way accessible for emergency? ■ n n n Is right-of-way free of sinkholes or depressions? ■ Cl n n Is line/right-of-way free of evidence of leakage? n ■ n n #Are there areas of exposed line? n n n ■ l #Is any exposed line constructed of ductile iron or other approved material? n n n ■ Are water crossing and supports in good condition? n n n ■ #Is right-of-way free of non-utility motorized traffic? ■ n n n Is line free of visible damage? ■ n n n #Are there siphons in this system? n ❑ n ■ If yes,are they maintained and documented? Comment: Portions of the line along Reece Rd. and the main line along Secrets Creek were observed. At the manhole by Myrtle Ln. and Reece Rd. line blockage was observed. At a manhole along Secrets Crk. groundwater infiltration was observed. Page: 8 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary August 22, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6452 Mr. Robert J. Boyette, City Manager City of Marion P.O. Drawer 700 Marion,North Carolina 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO031879 City of Marion Corpening Creek WWTP Case No. LV-2013-0159 McDowell County Dear Mr. Boyette: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,387.00 ($1,250.00 civil penalty+ $137.00 enforcement costs) against the City of Marion. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the City of Marion for the month of May 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in May 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Marion violated the terms, conditions or requirements of NPDES Permit NCO031879 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, Chuck Cranford, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Marion: DIVISION OF WATER RESOURCES—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500\ FAX: (828)299-7043 Internet: www.ncwaterguality.ora An Equal Opportunity/Affirmative Action Employer 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No $.00 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS - Conc. 1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $625.00 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for TSS - Conc. 1 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $625.00 NC0031879,by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for NH3-N- Conc. 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Conc. $1,250.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $1,387.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 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 Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 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 fb ,, official state holidays. The original and one (1) copy of the petition must be filed with the Office'', of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. , If you have any questions, please contact Janet Cantwell of the Water Resources staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cford, Regional upervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/attachments NPDES Point Source w/attachments NPDES Central Files w/attachments (.;:`Wo'•.SWP"Mcf)oatell;Write:vater'.Municipai'.Cbrpeniiig Creek WW RI 31 79"IN-2013_0159.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0159 County: McDowell Assessed Party: City of Marion/ Corpening Creek WWTP Permit No.: NC0031879 Amount Assessed: $1,387.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the'accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty maybe granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: �\ ��� ��� � '.I �J OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES JUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CITY OF MARION/ ) CORPENING CREEK WWTP ) PERMIT NO.NCO031879 ) FILE NO. LV-2013-0159 Having been assessed civil penalties totaling$1,387.00 for violation(s)as set forth in the assessment document of the Division of Water Resources dated August 22,2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE �� f'"� __ m -o Ni 4A N CA {fl 99 N Z m C O0 CA O O O r A O � 3 .�—► Z cn cn cn 0 cn 0 cn ME O C v-+ 7 00 y 0 0 w w w w to w w 1Z � 0 4 0 0 C 0 0 0 0 0 C. 0 'uT 0 0 0 0 0 0 o yD r C "n r D � n F C C C C C C C 1 N CD CD N (C (D W Z n N x x x x D cn cn cn w w ce w o 0 o z z z z 3 7 m o a '0 0 0 0 0 m Q o 0 o n 11 0 m m y —I 'G n D O O O O O O O 0 m j a j C > mo w w w w w w w 0 co `<x D cn cn cn cn cn cn cn n --n _ X X X X X X X x �- CD m m m m m m JD m co CD CD c ' Z x x w x CDX x z 3 -I 0 D � W 0 CA n 3c C m_Z co co so to m m co yi c0 A� v 0cc A A A 3 G O C71 UI A IV IV IV � � Q D A m cn -4 u, -4 Dc o r W A A m A 0 cs m-� m v a V N Ul! O A o O 3< m m G) A co m io 40 O O -Ip 0 KO C Z N N O m N N y S x F 7 CD (D CD < D D D D D D D 5 CD m m `m m m m m m @ v m m v O co (a cc co fn ro to Z CD m m m m m m m m m m m m m { CD m m m m m m m m m m m m m m a a a a a o_ a f--� ,� ti:="�' l i e, __ AT• FA ,w���.� WDIENR North Carolina Department of Environment and Natural Resources Division of Water Resources r1at McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 22, 2013 Jeff Jurek, Project Management Manager North Carolina Ecosystem Enhancement Program 217 West Jones Street Suite 3000A Raleigh,North Carolina 27604 Subject: 401 Water Quality Certification -Approval Junes Branch Restoration DWQ Project#20120748 Jackson County LTN02/Bumgarner Branch/2-79-48 /Class C Dear Mr. Jurek: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 3,232 linear feet of streams for the purpose of stream restoration at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows you to use Regional General Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 3,232 (linear feet) Application Item C. 3. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 1 Phone:828-296-4500\FAX:828-299-7043 NorthCarolina Internet:www.ncwaterquality.org �?at "Wilf,/ An Equal Opportunity,Affirmative Action Employer �/ `K �J August 22,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts); you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828)296-4657. Sincerely, for Thomas A. Reeder TARIkhb Enc: GC3885 Certificate of Completion 1 cc: Environmental Banc &Exchange ! 909 Capability Drive, Suite 3100, Raleigh,NC 27606 David McHenry,NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\S WPUackson\401 s\Non-DOTUunesBranch.EEP\Aprv1.08-22-2013.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources .'at McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 23,2013 Richard G.Jennings,III,President Cow Rock Mountain,Inc. Post Office Box 1459 Cashiers,North Carolina 28717 Richard G. Jennings, III,President Cow Rock Mountain,Inc. 94 Lonesome Valley Road Sapphire,North Carolina 28774 Subject: 401 Water Quality Certification-Approval Logan Creek Stream Restoration Project DWQ Project#20080879 Ver. 2 Jackson County SAV02/Logan Creek/4-13-3 /Class C;Tr Dear Mr. Jennings: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 4,965 linear feet of streams for the purpose of stream restoration at the subject property.Approval of the restoration plan and issuance of the 401 Water Quality Certification means that DWQ has determined that the proposed activity will not remove or degrade significant existing uses of the surface water(15A NCAC 2H .0506(a)). The issuance does not represent an approval of credit yield for the project. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 No thCarolina Internet:www.ncwaterquality.org Ntxtlll'ial`l�J An Equal Opportunity'\.Affirmative Action Employer August 23,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Stream 4,965 (linear feet) Application Item C. 3. Additional Conditions 1. The turbidity standard of 10 NTUs(Nephelometric Turbidity Units)shall not be exceeded as described in 15 A NCAC 02B .0200.Appropriate sediment and erosion control practices must be used to meet this standard. 2. The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. 3. Within 60 days of completion of construction, as-built drawings shall be submitted to both the Division of Water Quality, Webscape Unit, 1650 Mail Service Center,Raleigh NC 27699-1650 and to the Asheville Regional Office. 4. The designer or his designee shall supervise the installation of in-stream structures. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C.27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 0This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828)296-4657. Sincerel , for Thomas A.Reeder TAR/khb Enc: GC3885 Certificate of Completion cc: Jeff Jurek,NC Ecosystem Enhancement Program Micky Clemmons,Michael Baker Engineering,Inc. 797 Haywood Road,Asheville,NC_28704 David McHenry,NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\SWP\Jackson\401s\Non-DOT\LoganCreekRestoration\Aprvl.08-23-2013.do�,1) WC-151ENR North Carolina Department of Environment and Natural Resources Division of Water Resources ,(McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 23,2013 Jim Kalish,Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte,North Carolina 28210 Subject: 401 Water Quality Certification-Approval Messer Road Piedmont Natural Gas Line 294 Extension DWQ Project#20130719 Burke County CTB31 /Howard Creek(Propst Creek)/ 11-42-(1)/Class WS-IV CTB31 /McGalliard Creek/ 11-44-(0.5)/Class WS-IV CTB31 /Hunting Creek/ 11-36-(0.7)/ Class WS-IV Dear Mr. Kalish: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. ``.pproval has been granted to place fill within or otherwise impact 0.2874 acres of wetlands and 380 feet of streams for the purpose of infrastructure extension at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3884. This Certification allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and local Water Supply Watershed regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 1380 flinear feet) Attachment 3. Stream Impacts Wetlands 0.2874 (acres) Attachment 2. Wetland Impacts Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NorthCarollna Internet:www.ncwaterquality.org ;Vdura y An Equal Opportunity,Affirmative Action Employer Li l` rieamont rvamrai vas Line iy4 nxcension - _ - - August 23,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may resut, criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or streari, impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828)296-4657. Sincerely, for Thomas A. Reeder TARIkhb Enc: GC3884 Certificate of Completion cc: Suzanne Herron, Fisher and Arnold, Inc. 1420 Donelson Pike, Suite A-12,Nashville, TN, 37217 David McHenry,NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WPDATA\DEMWQ\NonPoint Source Team\401s-Wetlands\AuthorizationWpproval_Template_5-7-09.doc 3 �..•,. i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 23, 2013 Travis Sinclair Duke Energy Carolinas,LLC Post Office Box 1007 Charlotte,North Carolina 28201 Subject: 401 Water Quality Certification-Approval Glenville Powerhouse Access Improvements DWQ Project#20130856 Jackson County LTN02/West Fork Tuckasegee River(Thorpe Lake)/2-79-23-(1)/Class WS-III; B; HQW Dear Mr. Sinclair: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. "Approval has been granted to place fill within or otherwise impact 0.076 acres of open waters for the purpose of boating access improvement and water access at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control and Water Supply Watershed regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.076 (acres) Application Item C. 4. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NOrthCarohna Internet:www.ncwaterquality.org Vatura i(y An Equal Opportunity'\Affirmative Action Employer Duke Energy Carolinas,LLC August 23,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream � impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828)296-4657. Sincerely, ..r for Thom A. Reeder TAR/khb Enc: GC3898 Certificate of Completion cc: Wilson G. Hunter, Davis &Floyd, Inc. 1319 Highway 72/221 East, Greenwood, SC 29649 David McHenry,NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\S WPUackson\401 s\Non-DOT\Duke.LakeGlenville.PowerhouseAccesslmprovements\Aprvl.08-23-2013.doc ��i: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 26, 2013 Mr. Bill Green, Co-Town Manager Ms. Teresa Ricks, Co-Town Manager Town of Andrews 54 Park Street Andrews, NC 28901 SUBJECT: Compliance Evaluation Inspection Andrews WWTP Permit No: NCO020800 Cherokee County Dear Mr. Green and Ms. Ricks: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the f inspection which I conducted on August 22, 2013. The facility appeared to be in compliance with . _ permit NC0020800. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please do not hesitate to call meat 828-296-4500 extension 4662 Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Michael Ladd, ORC: 75 Bison Lane; Murphy, NC 28906 Central Files Asheville Files S:1SWP\Cherokee\WastewaterlMunicipaiXAndrews WWTP 2080010EI. 8-22-13.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828.296.4500 FAX:828.299-7043 // Internet: www.newaterquality.org Naturally An Equal Opportunity I Affirmative Action Employer /__ �_E��' __ United States Environmental Protection Agency rAp Approved.EPA Washington,D.C.20460 No.2040-0057 Water Comploanre. Insppdinn Repo roval expires 8 31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO020800 111 121 13/08/22 117 18I C I 19I S I 20I i Remarks 211IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -------------------------Reserved--------------- - 67( 1.0 169 70I 3 I 711 I 72 I N I 73 L_U 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 13l08/22 13/08/01 Andrews WWTP Exit Time/Date Permit Expiration Date Reagan Ave Andrews NC 28901 02:30 PM 13/08/22 17/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael J.Ladd/ORC/828-479-6428/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Michael Ladd,PO Box 1210 Andrews NC 289011210//828-321-3113/ No —' Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance ■Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete, Page# 1 NPDES yr/mo/day Inspection Type (cont. 3) 11 12 17 18 NCO020800 II 13/08/22 IICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) WWTP type: 1.5 MGD trickling filter WWTP consisting of: influent pump station with 3 submersible 1500 gpm pumps with dual high water alarms; (1 inch) manual bar screen; grit removal chamber; dual 36 ft dia dodecagon (12 sides)trickling filter tower(18 ft depth)with dome cover; dual secondary clarifiers (new 60 ft dia &old 45 ft dia); dual 222 gpm submersible sludge pumps; 61 ft dia aerated sludge digestor(0.3279 Mgal); chlorine contact chamber; dual gas chlorination (150 pound cylinders); sulfur dioxide gas dechlorination (150 pound cylinders); Hach Sigma SD-900 refrigerated composite sampler; and 200 KW emergency stand-by generator. Annual Ave. Flows: 2012: 0.622 MGD 2011: 0.732 MGD 2010: 0.937 MGD Maximum Daily Flows: 2012: 2.583 MGD 2011: 2.322 MGD 2010: 2.557 MGD Sludge Management: sludge drying beds -dried sludge is latldfilled. WWTP location: end of Reagan Avenue, Andrews, NC Responsible officials: Johnny Brown - Mayor(mayor@andrewsnc.com) Teresa Ricks &William Green - Co-Town Managers Mailing address: PO Box 1210; Andrews, NC 28901 Phone numbers: 828-321-3113 Teresa Ricks— Co-Town Manager 828-629-2503 Bill Green — Co-Town Manager 828-321-4159 Town Hall - Fax Number 828-837-9543 Michael Ladd- ORC (email: ceaderwynn@yahoo.com) 828-321-3006 Rick Day- BU ORC 828-321-3006 Tim Wood -WW II operator 828-321-5111 Water Billing Dept. Page# 2 Permit: NCO020800 owner-Facility: Andrews WWTP spection Date: 08/22/2013 Inspection Type: Compliance Evaluation Operator information: WWTP ORC: Michael Ladd; WW IV Cert. # 10942 WWTP BU ORC: Ricky D. Day; WW II - Cert. # 11203 Inspection Summary: The effluent was clear and indicated compliance with permit limits. The plant appears to be well operated and maintained. There have been no permit limit violations during the past year. The assistance of Mike Ladd, Rick Day and Tim Wood, during the inspection was greatly appreciated. r Page# 3 Permit: NCO020800 Owner-Facility: Andrews WWTP Inspection Date: 08/22/2013 Inspection Type: Compliance Evaluation -� Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n 0 ■ Is the facility as described in the permit? n ■ ❑ n #Are there any special conditions for the permit? ■ ❑ 0 El Is access to the plant site restricted to the general public? 0110 n Is the inspector granted access to all areas for inspection? ■ 0 0 ❑ Comment: Communitor was taken out of service and removed. 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 ■ ❑ ❑ fl Judge,and other that are applicable? Comment: Pump Station -Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ 0 0 I_l Is the wet well free of excessive grease? ■ fl n fl Are all pumps present? ■ Q 0 fl Are all pumps operable? ■ n n Are float controls operable? ■ ❑ 0 fl Is SCADA telemetry available and operational? n 0 ■ n Is audible and visual alarm available and operational? ■ f_I 0 Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ fl Is the screen free of excessive debris? ■ ❑ ❑ fl Is disposal of screening in compliance? ■ ❑ fl 0 Is the unit in good condition? ■ fl ❑ D Comment: Grit Removal Yes No NA NE Page# 4 Permit: NCO020800 owner-Facility: Andrews WWTP spection Date: 08/22/2013 Inspection Type: Compliance Evaluation Grit Removal Yes No NA NE Type of grit removal a.Manual ■ b.Mechanical n Is the grit free of excessive organic matter? ■ n n n Is the grit free of excessive odor? ■ n 0 n #Is disposal of grit in compliance? ■ n ❑ n Comment: Trickling Filter Yes No NA NE Is the filter free of ponding? ■ n n n Is the filter free of leaks at the center column of filter's distribution arms? ■ ❑ n Is the distribution of flow even from the distribution arms? ■ ❑ n n Is the filter free of uneven or discolored growth? ■ n n n Is the filter free of sloughing of excessive growth? ■ n ❑ ❑ r Are the filter's distribution arms orifices free of clogging? ■ n n n Is the filter free of excessive filter flies,worms or snails? ■ 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? ■ 0 ❑ n Are weirs level? ■ n n fl Is the site free of weir blockage? ■ n ❑ Cl Is the site free of evidence of short-circuiting? ■ ❑ n n Is scum removal adequate? ■ ❑ n n Is the site free of excessive floating sludge? ■ n ❑ n Is the drive unit operational? ■ n n ❑ Is the return rate acceptable(low turbulence)? ■ n ❑ n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n Comment: Disinfection-Gas Yes No NA NE Page# 5 Permit: NCO020800 Owner-Facility: Andrews WWTP Inspection Date: 08/22/2013 Inspection Type: Compliance Evaluation Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ ❑ n Are cylinders protected from direct sunlight? ■ ❑ n 0 Is there adequate reserve supply of disinfectant? ■ ❑ ❑ 0 Is the level of chlorine residual acceptable? ■ 0 0 ❑ Is the contact chamber free of growth,or sludge buildup? ■ 0 0 f_l Is there chlorine residual prior to de-chlorination? ■ 0 ❑ 0 Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? 0 0 ■ 0 If yes,then is there a Risk Management Plan on site? 0 0 ■ 0 If yes,then what is the EPA twelve digit ID Number?(1000- - ) If yes,then when was the RMP last updated? Comment: De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n ■ fl ,' Is storage appropriate for cylinders? ■ 0 0 fl #Is de-chlorination substance stored away from chlorine containers? ■ 0 0 0 Comment: Are the tablets the proper size and type? (_-I rl ■ 0 Are tablet de-chlorinators operational? 11 D ■ 0 Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 01100 Are the receiving water free of foam other than trace amounts and other debris? ■ 0 n Q If effluent (diffuser pipes are required) are they operating properly? n 0 ■ 01 Comment: Page# 6 ,*14Q 'Jr4 _ fA, WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E.Skvarla, III Governor Director Secretary August 26, 2013 Kevin A Long Camp Carolwood Inc 1181 Camp Carolwood Ln Lenoir NC 28645 SUBJECT: Compliance Sampling Inspection Camp Carolwood VW TP Permit No: NCO035939 Caldwell County Dear Mr. Long: Enclosed please find a copy of the compliance sampling inspection conducted on August 12, 2013. The facility was found to be in compliance with permit NC0035939. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please.call me at 828-296-4500. Sincerely, Katherine H. Jimison Chemistry Technician III Enclosure cc: Jerry Younce, ORC Central Files Asheville Files 35939 CSI 2013.docSURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarollina Phone:(828)296-4500\FAX:828 299-7043 NaWAVIlrf Internet:www.ncwateraualitv.or4 G:\WQ\SWP\Caldwell\Wastewater\Minors\Camp Carolwood 35939\35939 CSI 2013.doc United States Environmental Protection Agency Form Approved. , Washington,D.C.20460 OMB No.2040-0057 A ' Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 151 11 NCO035939 Ill 121 13/08/12 117 18 I S I 19SI 20 I I Remarks 211IIIIIII I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -----—--------------------Reserved---------------------- 67I 169 70I 4I 71 I I 721 N I 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:00 AM 13/08/12 08/11/01 Camp Carolwood WWTP Exit Time/Date Permit Expiration Date 1181 Camp Carolwood Ln Lenoir NC 28645 12:00 PM 13/08/12 13/10/31 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 Contacted Kevin A Long,1181 Camp Carolwood Ln Lenoir NC 28645//828-758-1467/8287590138 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kathy Jimison ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 1 j-z,311-3 -,EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NC0035939 I11 12, 13/08/12 117 18ISI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The operator, Mr. Jerry Younce was on-site during this inspection, and appears to be doing a fine job. The facility is well maintained. It should be noted that the permit for this facility expires 10/31/2013. Photos are on file of the facility. Samples were taken and the results are as follows: BOD-28mg/I TSS-12mg/I Fecal Coliform- 1 B2. The septic tank was pumped in July 2013. Two new dosing bells have been installed. New drain lines going into sand bed have been installed. Page# 2 Permit: NCO035939 Owner-Facility: Camp Carolwood WWTP Jon Date: 08/12/2013 Inspection Type: Compliance Sampling orations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ n 0 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: Plant is well maintained and organized. Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 n n ■ Is the facility as described in the permit? n ❑ n #Are there any special conditions for the permit? n I1 0 n Is access to the plant site restricted to the general public? n ❑ n Is the inspector granted access to all areas for inspection? SO n n Comment: The permit for this facility expires 10/31/2013. Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? n 0 E 0 Is septic tank pumped on a schedule? 0 n 0 n Are pumps or syphons operating properly? n ❑ n Are high and low water alarms operating properly? n n n Comment: The septic tank was pumped in July 2013. There are no alarms present at this facility. Sand Filters(Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? n n m n Is the distribution box level and watertight? ■ n n Q Is sand filter free of ponding? E ❑ n n Is the sand filter effluent re-circulated at a valid ratio? n f_l ■ n #Is the sand filter surface free of algae or excessive vegetation? ■ n n n #Is the sand filter effluent re-circulated at a valid ratio? (Approximately 3 to 1) n n ■ n Comment: Photos on file of the facility. Two new dosing bells were installed. Tank was pumped in July 2013. New drain lines going into sand bed have been installed. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? 0 ❑ 0 n Are the tablets the proper size and type? 0 0 0 1 Number of tubes in use? Page# 3 Permit: NCO035939 Owner-Facility: Camp Carolwood WWTP Inspection Date: 08/12/2013 Inspection Type: Compliance Sampling Disinfection-Tablet Yes No NA NE 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 ■ Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n 0 ■ n Is storage appropriate for cylinders? ❑ n ■ n #Is de-chlorination substance stored away from chlorine containers? 00 ■ n Comment: Are the tablets the proper size and type? ■ n n (_I Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: -, Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n f_I ■ n Is sample collected below all treatment units? ■ ❑ n n Is proper volume collected? ■ n n n Is the tubing clean? n n ■ o #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? n n ■ n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ n n 11 Comment: Grab samples are stored on ice until receipt at lab. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and_other debris? ■ ❑ n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E. Skvarla, III Governor Director Secretary August 26, 2013 Jane H Simmons Mountain View Properties LLC 100 Medical Hts Dr Morganton NC 28655 SUBJECT: Compliance Evaluation Inspection 3431 Morganton Boulevard Permit No: NCG550977 Caldwell County Dear Ms. Simmons: Enclosed please find a copy of the compliance evaluation inspection conducted on August 12, 2013. The facility was found to be in compliance with permit NCG550977. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Katherine H. Jimison Chemistry Technician III Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NoAllCaroll/ina Phone: (828)296-4500\FAX:828 299-7043 �atur�`[�/ Internet:www.ncwaterauality.org G:\WQ\SWP\Caldwell\Wastewater\General\NCG55 SFR\Mtn View Pediatrics\NCG550977 CEI 2013.doc United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057=�A Approval expires 8-31-98 Water ComIlliance Inspection Repnirt. Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 15I 31 NCG550977 111 121 13/08/12 117 18I C I 19I S I 20I I Remarks 211 1 1 1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I- inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 671 169 70 14 I 71 I I 72I N I 73 W 74 751 Ill ( I I I Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 13/08/01 12:30 PM 13/08/12 3431 Morganton Boulevard Exit Time/Date Permit Expiration Date 3431 Morganton Blvd Lenoir NC 28645 12:50 PM 13/08/12 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jane H Simmons,100 Medical Hts Dr Morganton NC 28655//828-433-0276/8284334608 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review 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 Kathy Jimison ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCG550977 I11 12, 13/08/12 117 181 CI \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The subsurface sand filter appears to be operating properly. There was no discharge at the time of this inspection. Page# 2 A IWA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Jahn E. Skvarla, Ill Governor Director Secretary August 26,2013 Richard Canipe,Town Manager Town of Spruce Pine 138 Highland Avenue Spruce Pine, NC 28777 Subject: Permit No. WQO036696 Town of Spruce Pine Spruce Pine Car Wash Wastewater Collection System Extension Mitchell County Dear Mr.Canipe: In accordance with your application received August 7, 2013, we are forwarding herewith Permit No. WQ0036696, dated August 26, 2013, to Town of Spruce Pine 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 and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Town of Spruce Pine to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 15OB 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. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,NC 28778 Nol'thCarolina Phone:(828)296-4500 FAX:828 299-7043 Internet:www ncwaterguality.org Nahmallff An Equal Opportunity i Affirmative Action Employer TOWN OF SPRUCE PINE WQ0036696 If you need additional information concerning this matter, please contact Linda Wiggs at(828)296-4500 or via e-mail at Linda.Wiggs@ncdenr.gov. Sincerely, for Thomas A. Reeder Division of Water Resources cc: Jonathan Hollifield (e-copy) Spruce Pine Building Inspections Department Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) G:1WQ\SWP\Mitchell\Collection Systems\Spruce Pine Collection System\WQ0036696.CarWash.doc ,464*� ,n.arrN► w.u.�. NCDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Spruce Pine Mitchell County for the construction and operation of a 30—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry; as well as approximately 1147 linear feet of 2-inch force main to serve a car wash as part of the Spruce Pine Car Wash project, and the discharge of 6,000 gallons per day of collected commercial wastewater into the Town of Spruce Pine's existing sewerage system, pursuant to the application received August 7, 2013, and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued the 26th day of the August,, 13. for Thomas A eder Division of Water Resources By Authority of The Environmental Management Commission Permit Number:WQ0036696 SUPPLEMENT TO PERMIT COVER SHEET Town of Spruce Pine is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Spruce Pine Wastewater Treatment Facility(NPDES Permit No. NC0021423) prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T,the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions. I.STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved,and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable;and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T.0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment r` accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours 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 SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form)within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrup., service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface"',,, waters of the State. \ 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation,Declarations/Covenants/Restrictions,and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, 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. c. Changes to the project that do not result in non-compliance with this permit, regulations,or the Minimum ` J Design Criteria should be clearly identified on the record drawings, on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C,construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. 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. 11. 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. l ��`, �� ��,lJ _ _ .cACK ENGINEERING CERTIFICATION aittee: Town of Spruce Pine Permit No.WQ0036696 oject: Spruce Pine Car Wash Issue Date: 08/26/13 Complete and submit this form to the permit issuing regional office with the following: One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk)in pdf format. Record drawings should indicate the design and the marked up changes during construction. Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations. permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date ENGINEER'S CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: ........................................................................................ SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HWY 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. DWR Use Only: Flow from this project is tributary to:NC0021423 .� `, ;- /�_', �4., wa�s� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 27, 2013 Mr. McCray Coates, Stormwater Services Manager City of Asheville P.O. Box 7148 Asheville,NC 28802 Subject: Stormwater Permit No. SW1130601 City of Asheville—Lake Craig Flood Management Project Buncombe County Dear Mr. Coates: The Division of Water Resources staff has reviewed the plans and specifications for the City of Asheville's _Lake Craig Flood Management Project stormwater system and has determined that the project, as proposed,will omply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. -The Division of Water Resources is forwarding Permit No. SW1130601 dated August 15, 2013, for the construction, operation and maintenance of the subject project and the stormwater control systems (also referred to as Best Management Practices—BMPs). This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. Please be aware of the following concerns regarding the project: • The site drainage areas must be stabilized before BMPs are put in place. • Please pay special attention to the Operation and Maintenance (O&M)requirements in this permit. Failure to establish an adequate system for inspection and maintenance of the stormwater BMPs may result in future compliance problems. • For Bioretention Basin 2, please forward this office a signed and notarized O&M Agreement by September 16, 2013. If any parts,requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NorthCarolina Internet:www.ncwaterquality.org a�a�C ra 4(y An Equal Opportunity,Affirmative Action Employer J�/ `tiL ll(� Mr.Coates August 27,2013 Page 2 of 2 This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, and Raleigh,NC 27611-7447. Unless such demands are made this permit shall be final and binding. This project will be kept on file at the Asheville Regional Office. If you have any questions, or need additional information concerning this matter,please contact Susan A. Wilson at(919) 296-4500 or susan.a.wilsonancdenngov . Sincerely, For Thomas A. Reeder Enclosure: SW1130601/Plans/Application/O&M Agreements cc: ARO Files (DWR file to DEMLR) Central Files Mike Lewis, P.E. (w/SW1130601) McGill Associates David Tuch Equinox Environmental 37 q Haywood St., Asheville,NC 28841 �; STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT SW1130601 OVERALL HIGH DENSITY 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 City of Asheville Lake Craig Flood Control Management Project Off Gashes Creek Road, Buncombe County FOR THE construction, operation and maintenance of 2 bioretention systems in compliance with the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality (Division) and considered a part of this permit. This permit shall be effective from August 27, 2013, until rescinded, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater control system has been approved for the management of stormwater runoff as described in the application and other supporting information. 3. The runoff from all built-upon areas (BUAs) within the permitted drainage areas of this project must be directed into the permitted stormwater control systems (or Best Management Practices — BMPs). 4. The BUAs associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. State Stormwate., City of Asheville—Lake Craig Flood Management F, Permit No. SW1130L 5. The following design elements have been permitted for Drainage Area 1, Bioretention 1 and must be provided in the system at all.times. [ref. Sheet C- 302 of plans] a. Drainage Area, acres: 0.34 b. Total Impervious Surface, ft2: 11,238 [0.26 acres] c. Design Storm (required), inches: 1.0 d. TSS removal efficiency: 85% e. Basin Surface Area, ft2: 2,700 (29 ft radius), approximately f. Permitted Storage Volume, ft3: 6,688 g. Receiving Stream/Basin: Swannanoa River/French Broad h. Stream Index No.: 6-78 i. Classification of Water Body: C 6. The following design elements have been permitted for Drainage Area 2, Bioretention 2 and must be provided in the system at all times. [ref. Sheet C- 303 of plans] a. Drainage Area, acres: 0.27 b. Total Impervious Surface, ft2: 11,805 [0.27 acres] c. Design Storm (required), inches: 1.0 d. TSS removal efficiency: 85% e. Basin Surface Area, ft2: 3,698, approximately f. Permitted Storage Volume, ft3: 3,328 g. Receiving Stream/Basin: Swannanoa River/French Broad h. Stream Index No.: 6-78 i. Classification of Water. Body: C II. SCHEDULE OF COMPLIANCE 1. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re-vegetation of slopes. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans. f. Debris removal and unclogging of all drainage structures, filter media, planting media, underdrains, catch basins and piping. g. Access to the cell and outlet structure must be available at all times. 2 State Stormwater Permit City of Asheville—Lake Craig Flood Management Project Permit No. SW1130601 3. Records of maintenance activities must be kept for each permitted BMP and maintained on site for review by the Division of Water Quality. The reports will indicate the date, activity, name of person performing the work and what actions were taken. 4. The permittee shall submit to the Division of Water Quality an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 5. The stormwater treatment system shall be constructed in accordance with the approved plans and specifications, the conditions of this permit, and with other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications,and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11.The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12.A copy of the approved plans and specifications shall be maintained on file by the Permittee. 13.The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 3 State Stormwate., City of Asheville—Lake Craig Flood Management,F Permit No. SW1136, Ill. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed Name/Ownership Change Form must be submitted to the Division of Water Quality, signed by the parties involved, accompanied by supporting documentation as listed on page 2 of the form. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 5. In the event that the 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 stormwater BMPs. \`? ._ . 6. The permittee grants permission to staff of the Division to access the property for the purposes of inspecting the stormwater BMPs during normal business hours. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater BMPs must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 21-1.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. �1 4 State Stormwater Permit City of Asheville—Lake Craig Flood Management Project Permit No. SW1130601 12. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. Permit issued this the 27th day of August, 2013. NORTH CAROLINA f.NVIRO ME AL MANAGEMENT COMMISSION for Thom . Reeder, Director Division o Water Resources By Authority of the Environmental Management Commission 5 City of Asheville Lake Craig Flood Management Project DWQ Stormwater Permit No. SW1130601 Buncombe County Designer's Certification as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, City of Asheville — Lake Craig Flood Management Project for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date Mail to: DWQ/ARO [Ref. SW1130601] 2090 US Highway 70 Swannanoa, NC 28778 Page 1 of 2 City of Asheville — Lake Craig Flood Management Project DWQ Stormwater Permit No. SW1130601 Buncombe County Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. _ 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. Page 2 of 2 /�--\/ i \��\/t "�/ ____ AW NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 27, 2013 Mr. Bernard M. Kelly Davidson River Village LLC P.O. Box 880 Pisgah Forest, North Carolina 28768 Subject: NOTICE OF VIOLATION NOV-2013-MV-0093 Permit No. NC0000078 Former Ecusta Mill WWTP Transylvania County Dear Mr. Kelly: A review of Davidson River Village's monitoring report for May 2013 showed the following violations: Parameter Date Measuring Frequency Violation BOD Week ending 05/11/2013 3 X/Week Failure to Monitor TSS Week ending 05/11/2013 3 X/Week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameters were left off inadvertently, please send an amended DMR within 10 business days of recei t of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4600. Sincerely, Chuck Cranford, RegionzSupervisor Surface Water Protection Section cc: DWR Asheville Files DWR Central Files G:1WQ\SWP!Transylvania\'vVastewater\lndustriaiiFormerly Ecusta 000781NOV-2013-MV-0093.doc DIVISION OF WATER RESOURCES 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone (828)296-4500 Internet: www.ncwaterauality.org An Equal Opportunity/Affirmative Action Employer FAX (828)299-7043 f�� ���i; _ _ _ __ •.r..y Ir/� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 27, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6469 Mr. Robert Gene Barker PO Box 1433 Black Mountain, NC 28711 Subject: Illegal Discharge North Fork Left Fork Road Asheville Watershed Property Asheville, North Carolina 28711 Dear Mr. Barker: This Office recently observed evidence of wastewater being illegally discharged at Asheville Watershed Property onto the ground and then into a nearby creek. This letter is to advise you that this type of discharge is a violation of North Carolina General Statute 143-215.1(6). This is a repeat occurrence at this location and was first observed in June by facility staff. By this letter, this Office is requiring that you insure that waste water generated from your RV is properly disposed. Future discharges of this type without a valid permit will be considered to be a violation of the aforementioned General Statute and could be subject to the assessment of a civil penalty. As authorized by NCGS 143-215.6A, a civil penalty may be assessed for any failure to secure a permit required by NCGS 143-215.1 or for violation of any classification, standard, limitation or management practice established pursuant to NCGS 143-214.1 or 143-215. The Environmental Management Commission is empowered to assess civil penalties of not more than twenty five thousand dollars ($25,000) per day per violation for as long as the violation continues. Any future discharges observed by DWR personnel could result in the recommendation for an enforcement action. 2090 US Hwy 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Fax:828-299-7043 Internet::www.ncwaterguality.org An Equal OpportunityMrmative Action Employer G:'',WQ\SWP',Buncombe2-Loose DocsVilegal Discharge North Fork WTP.docx Mr. Robert Gene Barker 8/27/2013 Page 2 of 2 If you should have any questions, please do not hesitate to contact Jeff Menzel at 828/296-4500. Your prompt attention to this matter is greatly appreciated. Sincerely, 14 Chuck Cr ford, Regional Supervisor Surface Water Protection Section Asheville Regional Office Cc; Asheville Files Bill Hart, ORC North Fork Water Treatment Plant NC0035807 Steve Jones/Buncombe Co. Health Department A 4"1 a NCDENR North Carolina Department of Environment and Natural Resources Division.of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E Skvarla,III Governor Director Secretary August 27,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6476 Mr. Larry Callicutt, Town Manager Town of Bryson City P.O. Box 726 Bryson City, North Carolina 28713-0726 Subject: NOTICE OF VIOLATION NOV-2013-MV-0094 Permit No. NCO026557 Bryson City WWTP Swain County )ear Mr. Callicutt: A review of January 2013 through June 2013 self-monitoring reports for the subject facility revealed violations of the following parameters: Date Outfall Parameter Monitoring Frequency Violation 06/30/2013 001 Total Nitrogen Semi-Annually Failure to Monitor 06/30/2013 001 Total Phosphorus Semi-Annually Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0026557. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the January 2013 —June 2013 Discharge Monitoring Reports. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. DIVISION OF WATER RESOURCES-ASIHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Fax:828-299-7043 Internet:ww.ncwatergualitv.org An Equal Opporhmity Affirmative Action Employer Mr. Larry Callicutt August 27, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division oi. Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWR Asheville Files DWR Central Files DWR Point Source Branch (i:.I QlSW P''s�ain.Wasteaatej'\Muiiicipal\Bryson City WWTP 2.6557`,NOV-NR.E 2013-MV-0094.doc OUR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs dt McCrory Thomas A.Reeder John E.Skvarla,III Governor Director Secretary August 29,2013 MEMORANDUM TO: Joshua B.Deyton, Division 14 Bridge Manager Mark E. Hill,Division 14 Assistant Bridge Manager FROM: Michael R. Parker,NCDWR,Asheville Regional Office SUBJECT: Division 14 July 2013 Bridge Replacement Program Scoping Review Comments In reply to your request,the NC Division of Water Resources(NCDWR)offers the following comments for the projects listed below: Project Specific Comments Bridge No.36 over Webb Creek,Cherokee County 1. The Left Fork of Webb Creek is classified C waters;however,NCWRC has indicated that this stream contains rainbow trout. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No.65 over Wolf Creek,Cherokee County 1. Wolf Creek is class C waters of the State. 2. There is an unnamed tributary and wetland to Wolf Creek located just upstream and to the right of the bridge where NCDWR will claim jurisdiction. 3. NCDWR has no other specific comments for this bridge project. Bridge No. 126 over South Shoal Creek,Cherokee County 1. South Shoal Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. SURFACE WATER PROTECTION SECTION-Asheville Regional Office One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NOrthCarohna Phone:828-296-45001 FAX:828-299-7043 Internet:www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproduc trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. li, additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. Bridge No.226 over Grape Creek,Cherokee County 1. Grape Creek is class C waters of the State. 2. NCDWR has no other specific comments for this bridge project. Bridge No.76 over Peckerwood Branch,Clay County 1. Peckerwood Branch is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 3. There is an unnamed tributary flowing into Peckerwood Branch southwest of the bridge that NCDWQ will claim jurisdiction. Bridge No.87 over Cochran Creek,Graham County 1. Cochran Creek is class C waters of the State. 2. NCDWR has no other specific comments for this bridge project. ` Bridge No.95 over Anderson Creek,Graham County 1. Anderson Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. Bridge No.107 over Mountain Creek,Graham County 1. Mountain Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. (2) Age No.48 over Devil's Fork,Henderson County 1. Devils Fork is class C waters of the State. 2. NCDWR has no other specific comments for this bridge project. Bridge No. 192 over Mud Creek,Henderson County 1. Mud Creek is class C waters of the State. 2. NCDWR has no other specific comments for this bridge project. Bridge 214 over Broad River,Henderson County 1. The Broad River is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No.215 over Tom's Fork,Henderson County 1. Tom's Fork is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No.314 over Perry Creek,Henderson County 1. Perry Creek is class B waters of the State. 2. NCDWR has no other specific comments for this bridge project. Bridge No.318 over Meninger Creek,Henderson County 1. Meninger Creek is class C waters of the State. 2. NCDWR has no other specific comments for this bridge project. Bridge No.29 over Whiteoak Creek,Macon County 1. Whiteoak Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. (3) 2. Should NC Wildlife Resources Commission(NC)ATRC)identify these waters as naturally reprodu%, trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. Iri, additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. Bridge No. 120 over Rocky Branch,Macon County 1. Rocky Branch is class C waters of the State. 2. NCDWR has no other specific comments for this bridge project. Bridge No. 192 over Ellijay Creek,Macon County 1. Ellijay Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [I SA NCAC 04B .0124]throughout design and construction of the project. 3. There is an unnamed tributary to Ellijay Creek located just upstream of the bridge where NCDWR will claim jurisdiction. Bridge No.217 over Wallace Branch,Macon County 1. Wallace Branch is class C waters of the State. '` 2. There is a possible wetland on the northwest side of the bridge. 3. NCDWR has no other specific comments for this bridge project. Bridge No.220 over Matlock Creek,Macon County 1. Matlock Creek is class C waters of the State. 2. NCDWR has no other specific comments for this bridge project. 3. There is an unnamed tributary to Matlock Creek located just upstream and to the left of the bridge where NCDWR will claim jurisdiction. Bridge No.223 over South Fork Skeenah Creek,Macon County 1. South Fork Skeenah Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 3. There is an unnamed tributary to the South Fork Skeenah Creek located northwest and upstream of the bridge where NCDWQ will claim jurisdiction. 1�l (4) Age No.308 over Watauga Creek,Macon County 1. Watauga Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented.to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No.310 over Smart Branch,Macon County 1. Smart Branch is class C waters of the State. 2. There is a possible wetland on the southeast side of the bridge. 3. NCDWR has no other specific comments for this bridge project. Bridge No.315 over East Fork Overflow Creek,Macon County 1. The East Fork Overflow Creek is classified C-trout ORW waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and the NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No. 55 over Long Branch,Jackson County 1. Long Branch is class waters. 2. NCDWR has no other specific comments for this bridge project. Bridge No. 103 over Moses Creek,Jackson County 1. Moses Creek is class WS-III-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. (5) Bridge No. 164 over Woodfin Creek,Jackson County 1. Woodfin Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. Bridge No. 182 over Johns Creek,Jackson County 1. Johns Creek is class WS-III waters. 2. NCDWR has no other specific comments for this bridge project. Bridge No.337 over Fisher Creek,Jackson County 1. Fisher Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No. 125 over Ostin Creek,Polk County 1. Ostin Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No. 144 over Panther Creek,Polk County 1. Panther Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. (6) Age No. 197 over Ostin Creek,Polk County 1. Ostin Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity,violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No.9 over an unnamed tributary to Reasonover Creek,Transylvania 1. The unnamed tributary to Reasonover Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No. 11 over Walker Creek,Transylvania County 1. The unnamed tributary to Walker Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No. 15 over Turkey Creek,Transylvania County 1. Turkey Creek is class WS-V,B-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. (7) Bridge No.22 over Thompson River,Transylvania County 1. The Thompson River is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No.28 over Morton Creek,Transylvania County 1. Morton Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No.90 over an unnamed tributary to the Thompson River,Transylvania County 1. The unnamed tributary to the Thompson River is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC-recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. Bridge No. 106 over Boylston Creek,Transylvania County 1. The Boylston Creek is classified C waters;however,NCWRC has indicated that this stream contains rainbow trout. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. (8) Age No. 127 over Williamson Creek,Transylvania County 1. Williamson Creek is class C-trout HQW waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC-recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No. 137 over Bradley Creek,Transylvania County 1. Bradley Creek is class C-trout HQW waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No. 162 over Silver Creek,Transylvania County 1. Silver Creek is class WS-V,B-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. Bridge No. 163 over North Prong Glade Creek,Transylvania County l. North Prong Glade Creek is class C-trout waters. NCDWR recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC—recommended moratoria for trout. In additions,NCDWR will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. (9) General Comments Regarding Bridge Replacement Projects 1. NCDWR is very concerned with sediment and erosion impacts that could result from these projects. NCDOT shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 2. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey Activities. 3. Low Impact Bridge Projects must fall under Nationwide Permit No. 3 to qualify for Low Impact; otherwise, standard permitting procedures will be required.Example(Regional General Permit No. 31,Nationwide Permit No.23,Nationwide Permit No. 13, etc.) 4. Whenever possible,NCDWR prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the stream banks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports(bents)should not be placed in the stream when possible. 5. Bridge deck drains shall 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 to the most current version of NCDWR's Stormwater Best Management Practices. 6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 7. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods.More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWR first. 8. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated,and disposed of properly. 9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWR in this certification. 10. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways, or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position.Under no circumstances should barges be dragged along the bottom of the surface water. 11.All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags,rock berms,cofferdams and other diversion structures shall be used to prevent excavation in flowing water. (10) If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants,hydraulic fluids,or other toxic materials. 14. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species shall be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and minimizes soil disturbance. 15. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. 16. In most cases, the NCDWR prefers the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour shall be designed and located to avoid wetland impacts,minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure shall be removed and the approach fills removed from the 100-year floodplain. Approach fills shall be removed and restored to the natural ground elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall not be used in riparian areas. Thank you for the opportunity to provide comments at this time. NCDOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information,please contact Mike Parker at 828-296-4500. cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,NCDOT, Division 14 Environmental Officer Marla Chambers,NCWRC Transportation Permitting Unit NCDOT Division 14 Bridge Scoping July 2013 (11) j _ _ `� ✓� ,.. _. �-,� __. A a MCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 29,2013 Clay County DWQ Project No.20120977V.2 TIP No.B-4733 NC Highway 175 Approval of 401 Water Quality Certification-Modification Mr. Philip S.Harris,III, P.E. Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina,27699-1598 Dear Mr.Harris: The Division of Water Resources(NCDWR)has reviewed the request from NCDOT's Hydraulics Unit,concerning the discharge of stormwater through deck drains, from the proposed bridge(TIP No.4733)on NC Highway 175, over Lake Chatuge, in Clay County. Based on NCDOT's memos dated August 6,2013 from Randy Henegar,PE and August 20, 2013 from Andrew T.Nottingham,PE, discussing stormwater treatment alternatives and additional bridge costs we have decided that NCDOT will not have to comply with the requirements for deck drain discharge listed as Condition 9. in Water Quality Certification Nos. 3891 and 3893. Removal of the bridge deck drain condition only applies to TIP Project No.B-4733 and shall not be applied to any other project without written permission from the Division of Water Resources. This letter completes the review of the Division of Water Resources 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, for Thom A.Reeder cc: Lori Beckwith, USAGE,Asheville Field Office Mark Davis,Division 14,DEO Marella Buncick,USFWS Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 20120977V.2(Harris)TIP No.B-4733 NC Highway 175 SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE PT Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 1�o hCarolina Phone:828-296-450M FAX:828-299-7043 Internet: www.ncwaterquai An Equal Opportunity Affirmative i Affirmative Action Employer ` " / _1 a"'�:_i __—._ _ r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary August 29, 2012 Buck Trott Mirror Lake 1217 Cullasaja Drive Highlands,North Carolina 28741 Subject: Upper Cullasaja Watershed Impoundment Work Group Dear Mr. Trott: We spoke on the phone the week of July 22 introducing you to this work group. The first meeting of the work group has been set for September 5, 2013, in the meeting room at the Highlands Recreational Center, in Highlands NC, at 1:00 PM. I hope that you can join us as we meet to discuss elevated water temperatures in the Upper Cullasaja Watershed, a 303d "impaired" watershed. The first few meetings will consist of general introductions, followed by presentations of resource and regulatory agencies with involvement in the watershed, followed by several meetings of the impoundment managers to discuss both management techniques and infrastructure improvements which would help in lowering the overall water temperature in the watershed. I look forward to seeing you on September 5, 2013. Should you be unable to attend, or have any questions, please do not hesitate to contact me at (828) 296-4657 or at 2090 US Highway 70, Swannanoa,North Carolina 28778. Best regards, Aevinarnett Environmental Specialist 1601 Mail Service Center,Raleigh,North Carolina 27699-1601 Phone:919-707-8600\Internet:www,ncdenr.gov An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper /,,..\ /_..._` t��' _._. __ WNW North Carolina Department of Environment and Natural Resources Division of Water Resources ,-,at McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director August 30, 2013 Linville Land Harbor POA Attn: Mike Simpson 20 Land Harbor Plaza Newland,NC 28657 Subject: 401 Water Quality Certification -Approval Project Name: Land Harbor—Linville River Bank Stabilization DWQ Project#2013-0794 Avery County Catawba River Basin/Linville River/ 11-29-(4.5) /B, Trout Dear Mr. Simpson: The Division of Water Resources has completed the review of your 401 Water Quality Certification application -associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 950 feet of streams for the purpose of stream bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control, Trout Buffer and Floodplain regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 950 (feet) Plan sheet 3a. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043 Orie Internet:www.ncwaterquality.org NorthCarolina An Equal Opportunity\Affirmative Action Employer Linville Land Harbor POA August 30,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. Additional Conditions: 1. As-built surveys with established benchmarks and years 1, 3, and 5 monitoring reports with both surveys and photos shall be submitted (after the end of each monitoring year)within 30 days of completion of each monitoring event. Both the ACOE and DWQ shall be notified if repairs are necessary and the applicant/ I I property owner will receive approval prior to implementation. Vegetation assessments shall also be made and reported during this time. 2. The stream is a Class B Trout Waters. In order to protect downstream uses for Class B Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Tim Fog in the Asheville Regional Office at (828) 296-4664. Sincerely, for Thomas A. Reeder TAR/trf Enc: GC3885 Certificate of Completion cc: JohnVillas—ENV Environmental Consulting Services, Inc USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\SWP\Avery\401s\Non-DOT\Land Harbor Linville River Bank Stabilization\APRVL.401 Land Harbor.08-27-13.doc ..`�..4 f NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources at McCrory Water Quality Programs Governor Thomas A. Reeder John E. Skvarla, III Secretary Director August 30,2013 Micky Clemmons Michael Baker Engineering, Inc. 797 Haywood Road Asheville,North Carolina 28704 Subject: 401 Water Quality Certification—Modified Approval Logan Creek Stream Restoration Project DWQ Project#20080879 Ver.2 Jackson County SAV02/Logan Creek/4-13-3 /Class C; Tr Dear Mr.Jennings: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 4,965 linear feet of streams for the purpose of stream --estoration at the subject property. Approval of the restoration plan and issuance of the 401 Water Quality Certification .ieans that DWQ has determined that the proposed activity will not remove or degrade significant existing uses of the surface water(15A NCAC 2H.0506(a)). The issuance does not represent an approval of credit yield for the project. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 4,965 (linear feet) Application Item C. 3. 3ditional Conditions Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296.4500i FAX:828-299-7043 I y Internet:www.ncwaterquality.org One NorthCarollna An Equal Opportunity 1 Affirmative Action Employer/ Cow Rock Mountain,Inc. August 30,2013 Page 2 of 2 1. The turbidity standard of 10 NTUs(Nephelometric Turbidity Units)shall not be exceeded as described in NCAC 02B .0200.Appropriate sediment and erosion control practices must be used to meet this standard. . 2. The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. 3. Within 60 days of completion of construction, as-built drawings shall be submitted to both the Division of Water Quality,Webscape Unit, 1650 Mail Service Center,Raleigh NC 27699-1650 and to the Asheville Regional Office. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828)296-4657. Sincerely, for Thomas A.Reeder TAR/khb Enc: GC3885 Certificate of Completion cc: Jeff Jurek,NC Ecosystem Enhancement Program Richard G. Jennings,III,President, Cow Rock Mountain,Inc. Post Office Box 1459,Cashiers,North Carolina 28717 David McHenry,NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\wQ\S WP\Jackson\401 s\Non-DOT\LoganCreekRestoration\Aprvl.08-23-2013.doc