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HomeMy WebLinkAboutDWR SWP Read File Archive August 2008 Michael F.Easley,Governor /Q William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 1, 2008 Mr. D. Brent Nappier Sunny Forcast 64, LLC PO Box 1870 Hendersonville,NC 28793 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Wolfchase Development DWQ Tracking Number: NCR000979 Reference: NOV-2008-PC-0483 Henderson County Dear Mr.Nappier: A Notice of Violation(NOV), referenced above, was issued on July 2, 2008 for Wolfchase along Hwy 64 in Hederson County. Clear Water Environmental Consultants provided a response for this NOV to the Division of Water Quality on July 25, 2008. The NOV required sediment removal, specifically Required Response II. Clear Water Environmental Consultants provided a Sediment Removal Plan as part of the response to the NOV. This Sediment Removal Plan.is approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty (30) days of this approval letter. Sincerely, p Linda Wiggs Surface Water Protection Section cc: ARO File Copy DWQ Central Files Division of Land Resources-ARO Clear Water Environmental Consultants 718 Oakland St. Hendersonville NC 28791 Enclosure: Sediment Removal Guidance NorthCarolina 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 877-623-6748 Ivatura!!y G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCG01\WolfChase-ncr000979\sedremovalapprove.doc Sediment Removal Guidance Sediment Removal Plan I. Intro./Overview II. Stream Description/Impact Summary III. Sediment Removal Plan of Action a. Sediment Removal Technique b. Turbidity Reduction Technique Downstream c. Sediment Spoil Area/Mechanisms d. Timeline for Removal Process e. Who will oversee laborers performing work Attachments: • Site Map-USGS Topo • Photo Documentation of Sediment Impacts (Minimum 1 photo per 100 Linear Feet of Stream Channel Impacts) • Stream Reach Overview/Delineation o Indicate Markers/Cross Sections/Reference Points for Photo documentation. Note: If Cross Sections are performed or required, include "PRE"Removal Cross Sections Sediment Removal Final Report I. Overview of Restoration Work II. Post Removal Assessement a. Photo Documentation following Sediment Removal at same locations as previous photo documentation (Also include a photo documenting spoil area) b. Other Findings-Visual/Survey Work III. Conclusions Note: If Cross Sections have been surveyed included "POST" Removal Cross Sections. lF� Michael F.Easley,Governor William-G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources on17- Coleen H.Sullins,Director -► Division of Water Quality `C Asheville Regional Office SURFACE WATER PROTECTION SECTION August 1, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2561 Mr. Stephen E. Shealy She-Can Company P.O. Box 2805 Asheville, North Carolina 28802 Subject: NOTICE OF VIOLATION NOV-2008-LV-0359 Permit No. NCO075680 Rosewood Mobile Home Park WWTP Buncombe County Dear Mr. Shealy: A review of Rosewood Mobile Home Park's monitoring report for May 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Chlorine, Total Residual 05/29/08 28 ug/I 30 ug/I Daily Maximum Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, ��ryl,� Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/ DWQ Enforcement Files J. Fred Edwards/ORC G:\WPDATA\DEMWQ\Buncombe\75680 Rosewood MHP\NOV-2008-LV-0359.75680.doc One NhCarolina aturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director -1 Division of Water Quality © `C Asheville Regional Office SURFACE WATER PROTECTION SECTION August 1, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2578 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Board of Education 175 Bingham Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2008-LV-0357. Permit No. NCO073814 North Buncombe Elementary School WWTP Buncombe County Dear Mr. Hall: A review of North Buncombe Elementary School's monitoring report for May 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 05/07/08 400#/100m1 600#/100m1 Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/DWQ Enforcement Files RPB Systems/ORC G:\WPDATA\DEMWQ\Buncombe\73814 North Elementary\NOV-2008-LV-0357.73814.doc NoAhCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 �\ �� ��,V Michael F. Easley,Governor William G. Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director --� Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION August 5, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2547 Mr. John Cilone Fair Haven Home 149 Fair Haven Drive Bostic,North Carolina 28018 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 NCO079448 Fair Haven Home WWTP Case No. LV-2008-0262 Rutherford County Dear Mr. Cilone: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$165.00 ($100.00 civil penalty+ $65.00 enforcement costs) against Fair Haven Home. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (I)MR-) submitted by Fair Haven Home for the month of April 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0079448. The violations which occurred in April 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Fair Haven Home violated the terms, conditions or requirements of NPDES Permit NCO079448 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215,1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against Fair Haven Home: NorthCarolina �atura!!t� North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterguality.orq FAX (828)299-7043 1-800 623-7748 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0079448,by discharging waste water into the waters of the State \ in violation of the Permit Daily Maximum limit for RES/TSS. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. -- $100.00 NC0079448, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. $100.00 TOTAL CIVIL PENALTY $65.00 Enforcement Costs $165.00 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; andJ (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please .pare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 J Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/attachments Water Quality Lab & Operations/ORC w/attachments G:\WPDATA\DEMWQ\Rutherford\79448 Fair Haven\V-2008-0262.79448.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0262 County: Rutherford Assessed Party: Fair Haven Home Permit No.: NC0079448 Amount Assessed: $165.00 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.01S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME�N.. AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FAIR HAVEN HOME WWTP ) PERMIT NO. NCO079448 ) FILE NO. LV-2008-0262 Having been assessed civil penalties totaling$165.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 5, 2008,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE W d) ra u 8 r w w z O > > N F� E E m m O 2 > T T 0) O O Q 2 O W W F- o > 0 �J 7 .- 6 a W W J a (O N U> J a U L V [Y d J R� W LL It z oa E E zW O U N co N O Q 00 F- G C W L1�1 o N 7 T T CU J W 0 w Q = W z a o m 7 Q g OW o 0 z Q Q % to W 0O o o Q � U m E 0 2 � c ui N W U 2 QQ t Q p w m a m X U. } z O J Q W 3 U 0 w w a J W J as Na o 0 7 O 00 O It Z - w 00 C �W N N U o zw a v z O i= o L �' Q o o d W 64 J a "' N N '0 O UU o N"c O rn xmaa z N � p O W � r C N A co a. y C 1"' 0 O Ul N C C N O N W WOO m o E¢ `° U:i-o m c O w y C IL 0 E EO c O_ N C N� m 2 E C Wa'¢ U Ol ). C -0 UAL W22 O C o«, N E E wGC¢ (13 v �- ,� c 0 O U., C Ltu W s v •No Nd N Nd> a E cu N a v o ro t E m m s p 3 N C 24 N `c o c U W U. Lo vi o to � c5 o_ =0 0 dE o IL o 0 c w d Ea mvio E aci via 2 c (L¢¢ C C O co S O N o m U N tL Z Q ' u) 4) 04 d 3 d m Z o U a IL C D! N N A m U J F l0- Michael F.Easley,Governor William G.Ross Jr.,Secretary qG North Carolina Department of Environment and Natural Resources rColeen H.Sullins.Director / --� Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 5, 2008 Mr. Robert Frye, Town Manager Town of Sawmills 4076 US Hwy 321-A Granite Falls, North Carolina 28630 SUBJECT: Compliance Evaluation Inspection Town of Sawmills Wastewater Collection System Permit No: WQCS00318 Caldwell County Dear Mr. Frye: Enclosed you will find the report resulting from the Collection System Compliance Evaluation Inspection which I conducted on August 1, 2008. The Town of Sawmills is doing a good job of operating and maintaining its wastewater collection system. Files were in good order and the Town now has an excellent collection system map. Please tell everyone involved that I appreciate their effort. The Town of Sawmills now has a smoke machine and trailer mounted jetter to be used in the operation and maintenance of the system. 1 recommend that the Town Council budget for the purchase of a closed circuit television camera to be used for the same purpose. A closed circuit television camera will quickly pay for it self by preventing unnecessary digging up of sewers. also recommend that the Council take a look at the Town's sewer rates to see if adjustment is warranted in the light of inflation and changed expectations. Should you have need to discuss this inspection report please do not hesitate to call me at (828) 296- 4659. Sincerely, Roy M. avis Environmental Engineer Enclosure cc: Don Turnmire, CSORC, Town of Sawmills PERCS Unit Asheville Regional Office Central Files Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Caldwell\Sawmills Collection System\Sawmills CS CEI Cover Letter.08.doc NorthCarolina 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 �� ���'� i� y ;:,��i Compliance Inspection Report Permit: WQCS00318 Effective: 06/30/05 Expiration: 05/31/10 Owner: Town of Sawmills SOC: Effective: Expiration: Facility: Sawmills Collection System County: Caldwell Region: Asheville Contact Person: Robert Frye Title: Town Manager Phone:828-396-7903 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: WQCS00035 City of Lenoir-Lenoir Collection System Inspection Date: 08/01/2008 Entry Time: 09:00 AM Exit Time: 11:30 AM Primary Inspector: Roy M Davis Phone:828-296-4500 Secondary Inspector(s): 5k _ Ext.4659 Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant Q Not Compliant Question Areas: Miscellaneous Questions 'Performance Standards Operation&Maint Reqmts .Records .Monitoring&Rpting ■Inspections ■Manhole Regmts (See attachment summary) Page: 1 Permit:WQCS00318 Owner-Facility:Town of Sawmills Inspection Date: 08/01/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine i Inspection Summary: The Town of Sawmills is doing a fine job of operating and maintaining its wastewater collection system. Page: 2 Permit:WQCS00318 Owner-Facility:Town of Sawmills Inspection Date: 08/01/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ (=1 What educational tools are used? Items in Town's newsletter. Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ■ ❑ ❑ ❑ Is Grease Trap Ordinance available? ■ ❑ ❑ ❑ Is Septic Tank Ordinance available(as applicable, i.e.annexation) El Cl ❑ ■ List enforcement actions by permittee, if any, in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ ❑ ❑ ❑ Does CIP address short term needs and long term\"master plant/concepts? ■ ❑ ❑ ❑ Does CIP cover three to five year period? ■ ❑ ❑ ❑ Does CIP include Goal Statement? ■ ❑ ❑ Cl Does CIP include description of project area? ■ ❑ ❑ ❑ Does CIP include description of existing facilities? ■ ❑ ❑ ❑ Does CIP include known deficiencies? ■ ❑ ❑ ❑ Does CIP include forecasted future needs? ■ ❑ ❑ ❑ Is CIP designated only for wastewater collection and treatment? ■ ❑ ❑ ❑ Approximate capital improvement budget for collection system? $00,00 Total annual revenue for wastewater collection and treatment? $100,000.00 CIP Comments Excellent CIP Is system free of known points of bypass? ■ ❑ ❑ ❑ If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ ❑ ❑ #Does the sign include: Instructions for notification? ■ ❑ ❑ ❑ Pump station identifier? ■ ❑ ❑ ❑ 24-hour contact numbers ■ ❑ ❑ ❑ If no, list deficient pump stations NA Page: 3 Permit:WQCS00318 Owner-Facility:Town of Sawmills Inspection Date: 08/01/2008 Inspection Type:Compliance Evaluation Reason for Visit: Routine #Do ALL pump stations have an"auto polling"feature/SCADA? n ■ In n Number of pump stations 3 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 3 Number of pump stations that have-only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n ■ n #If yes,date implemented? Describe: Town does not practice chemical root control. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n o n Are records available that document pump station inspections? ■ Cl n n Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ n n n Are non-SCADA/telemetry equipped pump stations inspected every day? n ❑ ■ ❑ j Are records available that document citizen complaints? n n ■ n #Do you have a system to conduct an annual observation of entire system? ■ ❑ n n #Has there been an observation of remote areas in the last year? ■ n n n Are records available that document inspections of high-priority lines? ■ n n n Has there been visual inspections of high-priority lines in last six months? ■ n n n Comment: Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ n n n Does supervisor review all log books on a regular basis? ■ n n n Does the supervisor have plans to address documented short-term problem areas? n ❑ ■ n What is the schedule for reviewing inspection,maintenance, &operations logs and problem areas? As needed. Are maintenance records for equipment available? Q n n Is a schedule maintained for testing emergency/standby equipment? ■ n n n What is the schedule for testing emergency/standby equipment? Generators,weekly. Page: 4 Permit:WQCS00318 Owner-Facility:Town of Sawmills Inspection Date: 08/01/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? ■ ❑ ❑ 0 Inspecting and exercising all valves? ■ ❑ ❑ 0 Inspecting and lubricating pumps and other equipment? ■ ❑ ❑ ❑ Inspecting alarms,telemetry and auxiliary equipment? ■ ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? 0 0 ■ ❑ Are maintenance records for right-of-ways available? ■ ❑ f=1 I=1 Are right-of-ways currently accessible in the event of an emergency? ■ ❑ ❑ ❑ Are system cleaning records available? ■ Q 13 ❑ 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? ■ ❑ ❑ ❑ Does the plan include: 24-hour contact numbers ■ ❑ ❑ ❑ Response time ■ ❑ ❑ ❑ Equipment list and spare parts inventory ■ ❑ ❑ ❑ Access to cleaning equipment ■ ❑ ❑ ❑ Access to construction crews, contractors, and/or engineers ■ ❑ ❑ ❑ Source of emergency funds ■ ❑ ❑ ❑ Site sanitation and cleanup materials ■ ❑ ❑ ❑ Post-overflow/spill assessment ■ ❑ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ■ ❑ ❑ ❑ Is the spare parts inventory adequate? ■ ❑ ❑ ❑ Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ❑ ❑ ■ ❑ Are records of SSOs that are under the reportable threshold available? ❑ ❑ ■ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ❑ ■ ❑ If yes, is there a corrective action plan? ❑ ❑ ■ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Page: 5 Permit:WQCS00318 Owner-Facility:Town of Sawmills Inspection Date: 08/01/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes M 0 n n Pipe materials In o n n Pipe location ® n n n Flow direction ® � 0 fl Approximate pipe age ■ n ❑ n Number of service taps ■ ❑ ❑ n Pump stations and capacity M 0 ❑ 0 If no,what percent is complete? 100 List any modifications and extensions that need to be added to the map #Does the permittee have a copy of their permit? m D 0 n Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? n n ■ Are public notices and proof of publication available? n ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1C? e n #Is permittee compliant with all compliance schedules in the permits? ❑ . If no,which one(s)? NA Comment: Pager 6 -9 Michael F.Easley,Governor William G.Ross Jr.,Secretary n� ) G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director LA —I Division of Water Quality o Asheville Regional Office SURFACE WATER PROTECTION SECTION August 5, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2554 Ms. Beverly L. Schwing Pine Mountain Property Owners Association 8456 Wards Gap Road Connelly Springs, North Carolina 28612. Subject: NOTICE OF VIOLATION NOV-2008-LV-0360 Permit No. NCO036935 Pine Mountain Lakes WWTP Burke County Dear Ms. Schwing: A review of Pine Mountain Lakes WWTP's monitoring report for May 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended 05/15/08 45 mg/I 54 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, CT. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/Enforcement Files KACE Environmental/ORC G:\WPDATA\DEMWQ\Burke\36935 Pine Mountain Lakes\NOV-2008-LV-0360.36935.doc NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 Michael F.Easley,Governor William G.Ross Jr.,Secretary ^}t"G North Carolina Department of Environment and Natural Resources ■ y}r Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 6, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7841 Mr. Thomas Frungillo 3403 Old Onslow Rd Greensboro,NC 27407 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Frungillo Property DWQ Tracking Number: 200802057 NOV-2008-OP-0038 Removal of Best Usage Standard Violation- Other Waste (In-stream sediment) Failure to Obtain 401 Water Quality Certification(WQC) Caldwell County Dear Mr. Thomas Frungillo: , On July 17, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection of your property along Brigadoon Road in Caldwell County. Present during the inspection were Division of Land Resources representatives, Bill Beck, Katerine Marciniak, and Jeff Wait. Stream standards violations were noted during the inspection. Fill and sedimentation impacts to Mine Branch and an Unnamed Tributary to Mine Branch, classification C-Trout waters, were documented constituting stream standard violations. Earthen fill was placed instream creating a pond impacting approximately 150 feet of stream. Another 50 feet of stream was impacted by the installation of a culvert . Failure to have erosion control measures in place caused sediment deposition impacts to approximately 70 feet of stream. File review and Agency inquiries indicated no permits were issued for this activity. As a result of the site inspection and file review, the following violations, detailed below, were noted: NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Vatura!!y Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Caldwell\Com plaints\Frungillo\frungilloNOV-2008-op-0038.doc An Equal Opportunity/Affirmative Action Employer-50%Recycled110%Post Consumer Paper Frungillo Property Page 2 of 4 August 6, 2008 VIOLATIONS I. Removal of Best Usage—15A NCAC 02B.0211 (2)—Greater than 200 feet of Mine Branch, classification C-Trout waters, was impacted by earthen fill and pond creation as well as culvert installation, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 70 feet of Mine Branch and an Unnamed Tributary to Mine Branch, classification C-Trout waters, were impacted by sediment deposition greater than 3 inches in pockets and throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) III. Failure to Obtain a 401 Water Quality Certification-15A NCAC 2H.0500-DWQ site visit and file review confirmed that the above-mentioned impacts occurred without an issued 401 Water Quality Certification. The file review confirmed that a Pre-construction Notification has not been received by the Division of Water Quality for this project and that a 401 Water Quality Certification has not been issued. A Pre-Construction Notification submitted to DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500. Also these impacts require a 404 Permit from the U.S. Army Corps of Engineers. A file review indicates that the U.S. Army Corps of Engineers (COE)has not authorized use of a 404 Permit for this activity nor has notification been provided to the COE for this activity REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Removal of Best Usage: 1. Unauthorized stream impacts a. Please explain why the above-mentioned impacts occurred without prior authorization. b. Please provide documentation(including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This documentation should describe and quantify the current impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. c. Please submit the following documents for review and approval: i. Stream Restoration Plan—Please explain how you plan to restore the pattern,profile and dimension of the impacted stream channels to include v the removal of any pipes, and earthen fill. The streambed must be restored to the original profile,the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. .(y Page 3 of 4 ,J8 d. Permit Application—If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers(USACOE) for information on the type(s) of permit required. Depending on the type of permits the USACE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not permittable. e. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted. II. Stream Standard - Other Waste (In-Stream Sediment). a. Please explain when construction(excavation, grubbing, and clearing) began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide. c. Please submit a Sediment Removal Restoration Plan(Restoration Plan)to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from Mines Branch and the Unnamed Tributary to Mines Branch. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development,permit application and authorization necessary to achieve compliance. It is recommended that your consultant contact Linda Wiggs of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. a A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity is not released. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Linda Wiggs. Frungillo Property Page 4 of 4 August 6, 2008 Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs or myself at (828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit 401/Wetlands Unit Army Corp of Engineers ARO File Copy DWQ Central Files Division of Land Resources Caldwell County Planning Michael F.Easley,Governor William G.Ross Jr.,Secretary �G North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director ={ Division of Water Quality IC:!W `C Asheville Regional Office SURFACE WATER PROTECTION August 6, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2585 Mr. Franklin Daniel Anderson 2833 Arthurs Ln Lenoir,NC 28645 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Anderson Property DWQ Tracking Number:200802053 NOV-2008-OP-0037 Removal of Best Usage Failure to Obtain 401 Water Quality Certification (WQC) Caldwell County Dear Mr. Franklin Daniel Anderson: On July 17, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection of your property along Brigadoon Road in Caldwell County. Present during the inspection were Division of Land Resources representatives, Bill Beck, Katerine Marciniak, and Jeff Wait. Stream standards violations were noted during the inspection. Earthen fill, rerouting, and channelization impacts to Unnamed Tributary to Mine Branch, classification C-Trout waters, were documented constituting stream standard violations. Earthen fill was placed instream creating a pond impacting approximately 100 feet of stream. Another 100 feet of stream was rerouted and channelized to this pond. File review and Agency inquiries indicated no permits were issued for this activity. As a result of the site inspection and file review, the following violations, detailed below, were noted: VIOLATIONS I. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 200 feet of an Unnamed Tributary to,Mine Branch, classification C-Trout waters, was impacted by earthen fill and pond creation as well as channelizing the stream, representing Water Quality Stream Standard violation of 1.5A NCAC 02B .0211 (2) NorthCarolina �61�1lCll`�l� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Caldwell\Complaints\Anderson\andersonNOV-2008-op-0037.doc An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Anderson Property Page 2 of 3 August 6, 2008 II. Failure to Obtain a 401 Water Quality Certification-15A NCAC 2H.0500-DWQ site visit and file review confirmed that the above-mentioned impacts occurred without an issued 401 Water Quality Certification. The file review confirmed that a Pre-construction Notification has not been received by the Division of Water Quality for this project and that a 401 Water Quality Certification has not been issued. A Pre-Construction Notification submitted to DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500. Also these impacts require a 404 Permit from the U.S. Army Corps of Engineers. A file review indicates that the U.S. Army Corps of Engineers (COE)has not authorized use of a 404 Permit for this activity nor has notification been provided to the COE for this activity. REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Ms. Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Removal of Best Usage: 1. Unauthorized stream impacts a. Please explain why the above-mentioned impacts occurred without prior authorization. b. Please provide documentation(including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams, wetlands,buffers) on the site. This documentation should describe and quantify the current impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. c. Please submit the following documents for review and approval: i. Stream Restoration Plan—Please explain how you plan to restore the pattern, profile and dimension of the impacted stream channels to include the removal of any pipes, and earthen fill. The streambed must be restored to the original profile, the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. d. Permit Application—If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits the USACE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not permittable. e. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted. You are encouraged to secure a consultant to assist you with your plan development, permit, certification and authorization necessary to achieve compliance. �1p.Ay Page 3 of 3 , JVV Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Linda Wiggs or myself at (828) 296-4500. Sincerely, /V Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit 401/Wetlands Unit Army Corp of Engineers ARO File Copy DWQ Central Files Division of Land Resources Caldwell County Planning _ __ --- _- _ T - ------ -- � --------- --- -- �� K "� �'i _. Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 7, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7858 Doug Bush, / COO VP Omni Supply PO Box 99 Patterson NC 28661 Subject: NOTICE OF VIOLATION NOV-2008-LV-0378 Permit No. NC0006254 River Road Site Caldwell County Dear Mr. Bush: A review of River Road Site's monitoring report for January 2008 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) 01/31/08 167 Ibs/day 233.4 Ibs/day Monthly 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: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Keith Haynes. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems,and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact of this Office for additional information. If you should have any questions, please do not hesitate to contact Mr. Haynes or me at 828/296-4500. Sincerely, Roger C. Edwar s, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files NPDES Unit ARO G:\WPDATA\DEMWQ\Caldwell\06254 Omni Supply\nov2008lvO378.doc None Carolina Ntcrrally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 .\ �� �� _. �_..�) i� Michael F.Easley,Governor William G.Ross Jr.,Secretary Q North Carolina Department of Environment and Natural Resources F' Coleen H.Sullins,Director �. -j Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION August 8, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7889 Mr. Gregory A. Ward Trillium Links &Village LLC P.O. Box 2644 Cashiers,North Carolina 28717 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 NCO059200 Trillium Links &Village LLC WWTP Case No. LV-2008-0279 Jackson County Dear Mr. Ward: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$515.00 ($450.00 civil penalty+ $65.00 enforcement costs) against Trillium Links &Village LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Trillium Links &Village LLC for the month of May 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0059200. The violations which occurred in May 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Trillium Links &Village LLC violated the terms, conditions or requirements of NPDES Permit NCO059200 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I,Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment .against Trillium Links &Village LLC: - NoLCarolina Ivaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterauality.org FAX (828)299-7043 1-800 623-7748 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. \ �\ $200.00 NC0059200, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0059200, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD. $450.00 TOTAL CIVIL PENALTY $65.00 Enforcement Costs $515.00 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- 2 82.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State.of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please ,are a detailed statement that establishes why you believe the civil penalty should be emitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties,Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that 1` you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative -' Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m, and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed provided the original and one copy of the document is received in the Office of Administrative Hearings within five(5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center ) Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, RogVeC. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/attachments RPB Systems/ORC w/attachments GAWPDATA\DEMWQ\Jackson\59200 Trillium Links\LV-2008-0279.59200.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0279 County: Jackson Assessed Party: Trillium Links & Village WWTP Permit No.: NC0059200 Amount Assessed: $515.00 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: A STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME \. AND NATURAL RESOURCES COUNTY OF JACKSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN , OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND } STIPULATION OF FACTS TRILLIUM LINKS &VILLAGE LLC WWTP ) PERMIT NO. NCO059200 ) FILE NO. LV-2008-0279 Having been assessed civil penalties totaling$515.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 8, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE w A VVx w w W z E EN O a O 2 2 n N T z L C r Q Z O W wh o o N v r ZD 0 W f'W n= N Ou I- U a 00 J� Q U F N Y U 7 w LL o Z ¢ E E E Zw O O� U U � J h J N y O f O z O wz w o$ J w a d m U Y � LL Q c w z I— J- O w w co m F- 0 0 0 Q Z -J o M a _ W O� 0 0 0 H Q > U 06 J N td N Y � C w J wLU 2 a 0 0 0 IL m m m > z J F > > > U UO w w EF w a LL J as Fn o 0 0 D O O O (� N Z F O —a,w co w v! 00 o o 0 U p Z� z , 2 O +_ o 0 0 a a o o N z D a 6-1 d, d, N N N N (D (D co (D r @ W O O O O O O O O o O O d v i0 0 to ol w r n d N N O O Cl) O O (D �- �- O D O UU O O O O O O O O O O O O O O \\ m E_ z z Z Z Z Z Z z z Z Z Z Z z N - SdG. 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Y x o aaa c c 0 J J C4 (D o 0 0 O 0 0 0 0 0 0 O O O O O O O O O O O "� N O N N N N N N N N N P. .� V N n N r 00 4 �A " L U N (u w m m o N ro " a2 o to m d L •• d N N O O @ N O 0 aD (D N N n yj E V N O 0 0 O O M M �t V N N d cc E o 0 0 0 0 0 0 0 0 0 0 o O o N c a e- N N N (0 N w 0 F t- f` w C0 N d 3 U d y Z O O O O O O O O O O O O O O U a.@ IL o 00 0 0 0 0 O 0 0 o O o 0 LL � N N N N N N N N N N N N N N N ab+ b > > > > > > > > > > > > > 0 0 Michael F.Easley,Governor `9Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources J Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 8, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7926 Danny McIntosh Town of Burnsville PO Box 97 Burnsville NC 28714 Subject: NOTICE OF VIOLATION NOV-2008-LV-0385 Permit No. N00020290 Burnsville WWTP Yancey County Dear Mayor McIntosh: .A review of Burnsville WWTP's monitoring report for April 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) 04/30/08 30 mg/I 35.89 mg/I Monthly Average Exceeded The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems,and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this Office for additional information. If you should have any questions, please do not hesitate to contact Mr. Haynes or me at 828/296-4500. Sincerely, �F'v e. IZ;a4 Roger C. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files NPDES Unit ARO PERCS Unit G:\WPDATA\DEMWQ\Yancey\20290 Burnsville WWTP\NOV2008LV0385.doc NoehCarolina Natwvlly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 a �\ \\ `��_ i:�. Michael F.Easley,Governor `RQ William G.Ross Jr.,Secretary (r North Carolina Department of Environment and Natural Resources PColeen H.Sullins,Director --) Division of Water Quality t7 'C Asheville Regional Office SURFACE WATER PROTECTION August 11, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7964 Lee H Clippard, Sr City of Saluda PO Box 248 Saluda NC 287730248 Subject: NOTICE OF VIOLATION NOV-2008-LV-0388 Permit No. NCO028975 Saluda WWTP Polk County Dear Mr Clippard: A review of Saluda WWTP's monitoring report for April 2008 showed.the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 04/30/08 2.4 mg/I 3.08 mg/I Monthly (as N) 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: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Keith Haynes. The Division of Water Quality may pursue enforcement actions for this and.any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems,and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Mr. Haynes of this Office for additional information. If you should have any questions, please do not hesitate to contact this Office at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Unit G:\WPDATA\DEMWQ\POLK\28975 Saluda WWTP\NOV2008LV0388.doc NoithCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748 Michael F.Easley,Governor William G.Ross Jr.,SecretaryG North Carolina Department of Environment and Natural Resources rColeen H.Sullins.Director Division of Water Quality Asheville Regional Office August 11, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 7957 Danny McIntosh Town of Burnsville PO Box 97 Burnsville,NC 28714 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO020290 Town of Burnsville Burnsville WWTP Case No. LV-2008-0292 Yancey County Dear Mayor McIntosh: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $7,820.00 ($7,750.00 civil penalty+$70.00 enforcement costs) against the Town of Burnsville. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Burnsville for the month of May 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0020290. The violations, which occurred in May 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Burnsville violated the terms, conditions or requirements of NPDES Permit NCO020290 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Town of Burnsville: Noe Carolina �turally 2090 U.S. Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500 FAX:299-7043 Customer Service 1-800 623-7748 I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0020290, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CADMIUM. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NC0020290, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for RES/TSS. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,000.00 NC0020290, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,000.00 NC0020290, by discharging waste water into the waters of the State in violation of the Permit Monthly Geometric Mean limit for FEC COLI. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,000.00 NC0020290, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/TSS. 4 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $2,000.00 NC0020290, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for BOD. $7,750.00 TOTAL CIVIL PENALTY $70.00 Enforcement Costs $7,820.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: \i ,ubmit payment of the penalty: . ayment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the'civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address; A Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 _. OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. ave any questions,please contact Mr. Keith Haynes or me of the Water Quality staff of the ,ville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments Enforcement File w/attachments Central Files w/attachments NPDES Unit JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0292 County: Yancey \ Assessed Party: Town of Burnsville Permit No. :NC0020290 Amount Assessed: $7,820.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the i 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: OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES _0UNTY OF YANCEY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Town of Burnsville WWTP ) STIPULATION OF FACTS PERMIT NO. NCO020290 ) FILE NO. LV-2008-0292 Having been assessed civil penalties totaling $7,820.00 for violation(s)as set forth in the assessment document of the Division of Water Quality dated August 11, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby Waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE a a a a a a a a a a ry N N C N N N N N @ N U) N U U U a a a a a a x x x m x a a }W � 0 � a�i � � W W W � F- W W W W W W N N N �a N W W v a) 4) O m '�` m ro E o 0 o E� o m m d N N N N E N N N o X N (D < ¢' < ¢' < '� E E E 0W E •� O_ N N N .0 N �' T O o m 0 0 o m M 0 0 o N N 0:3 N O W O N V Omi N ar r r 8 W F W N M N m M N O O O ((00 r 0 r- 0 m O m m (p W w co V -J Q v N O O O O O N O V V � J C (0 W LL E 0= E E E E O O O O O Z ~4 E E E E E m o 0 0 0 0 Oww O - U N [A N (U C00 r F > O Z Z In O W .Y Y Y Y Y Y Y Y Y Y Y Y W L N 7 N N N N N �` N N N N N N N s w 3 3 3 3 3 d 3 3 3 3 3 3 3 m J rr x x x x x x x x x x x x \ UW, x LL M Cl) M M M Cl) M M M M M M 3 m 0 m m m m m m m m m co m m m f— W o 0 0 0 0 0 0 o O o 0 0 0 Q 0 FQ Or N M M sN- O N M M N M F— Z p u� v n n n n u� n n n W 0 o 0 0 0 0 0 0 0 00 0 0 0 0 U4 > Q U IL w d W W O O O O O U U U U C t i Q O O O O O Q W W W W W W W d m m m m m U LL LL LL LL LL w w m } Z F N N N N N N N N N N N N N J Q 7 7 7 7 7 7 7 7 7 7 7 7 7 Q UO W W W W W W W W W W W W, W LL J J _ Qa O O O O O O O O O O O O O LL 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 M O 0 m O N O �� m m m m m m m m m m m m m N o 0 0 0 0 0 0 0 0 0 0 0 0 p N 00 0 0 0 0 0 0 0 0 0 0 0 0 0 p C f..0. N N N N N N N N N N N N N V O E W N N uh %h N V! N LA N N UI N (N Z R > O O O O O O O O O O O O W " Q o 0 0 0 0 0 0 0 0 00 d W N N N 0 (n N N N N N t00 J a Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director 'A , Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 11, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7940 Brenda Cook Town of Elk Park PO Box 248 Elk Park,NC 28622 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO079561 Town of Elk Park Elk Park W WTP Case No. LV-2008-0297 Avery County Dear Ms Cook: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,070.00 ($1,000.00 civil penalty+ $70.00 enforcement costs) against Town of Elk Park. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Town of Elk Park for the month of May 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0079561. The violations which occurred in May 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Elk Park violated the terms, conditions or requirements of NPDES Permit NCO079561 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Town of Elk Park: ne No rthCarolina �lltllPR��I� i North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterguality.org FAX (828)299-7043 1-800 623-7748 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0079561, by discharging waste water into the waters of the State \\ in violation of the Permit Weekly Average limit for RES/TSS. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $750.00 NC0079561, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NII3-N. $1,000.00 TOTAL CIVIL PENALTY $70.00 Enforcement Costs $1,070.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty __ assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please .ire a detailed statement that establishes why you believe the civil penalty should be :miffed, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 1438-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the.Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative.Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center ' Raleigh,North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Keith Haynes of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, e, F RoggerC. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments Enforcement File w/ attachments ' Central Files w/attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0297 County: Avery Assessed Party: Town of Elk Park Permit No. (if applicable): NC0079561 Amount Assessed: $1,070.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN,� AND NATURAL RESOURCES COUNTY OF Avery �\ Town of Elk Park IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Elk Park WWTP ) STIPULATION OF FACTS PERMIT NO. NCO079561 ) FILE NO. LV-2008-0297 Having been assessed civil penalties totaling $1,070.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 11, 2008,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of 120 SIGNATURE ADDRESS TELEPHONE LU Uxx W W Z d O N rn m v Fqq Q Q t > t c � Q � Z O W w!= o OJ 0 w w �-w E, c-i y J H U F- � N � V � J 41 Q LL W Y O7 — — Z zd E E ® U ti m N O Q V 00 U F- c z Z a.LLI N w y , a T T a s Y W J w m (U U p W 3 coOZ co F— 0 0 Q F- z g w a M w Q � U A w H a Z C M w =� a z � W > Z F- O J F > > U p w w Q J LL J LLa o 0 Ha o 0 O CO L Z� w m ao . C OIL N N V 0 O� u N Z 0 F- C LU H O O a Z i. N J (L vs » L �� �, �" Michael F.Easley,Governor '9Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director --I Division of Water Quality "C Asheville Regional Office SURFACE WATER PROTECTION August 11, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7933 Brenda Cook Town of Elk Park PO Box 248 Elk Park NC 28622 Subject: NOTICE OF VIOLATION NOV-2008-LM-0013 Permit No.NCO079561 Elk Park WWTP Avery County Dear Ms Cook: A review of Elk Park WWTP's monitoring report for April 2008 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 04/30/08 4.2 mg/l 5.03 mg/1 Monthly (as N) Average Exceeded Parameter Date Measuring Violation Frequency Solids, Total Suspended 04/26/08 Weekly Failure to monitor Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR did not provide an adequate explanation for the subject violation,it is requested that a response be submitted to this Office to the attention of Keith Haynes. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Mr. Haynes of this Office for additional information. If you should have any questions,please do not hesitate to contact Mr. Haynes or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Unit G:\WPDATA\DEMWQ\Avery\79561 Elk Park\NOV2008LM0013.doc NoAhCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 \/\ I �/�I 4.✓ �~ (\ "'qTF Michael F.Easley,Governor William G.Ross Jr.,Secretary r7 North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality August 12, 2008 Edgar B. Shope 756 Wayah Road --Franklin,_NC_28734 Charles D. Owen, Jr. Rainbow Springs Partnership 7 Greenwood Road Asheville,NC 28803 SUBJECT: Sediment Removal Plan Approval NOV-2008-SS-0019 Macon County Dear Messrs. Shope and Owen: The Division of Water Quality has received the additional information requested on July 16, 2008 in order to complete a review of the proposed Sediment Removal Plan submitted by Fish and Wildlife Associates, Inc. This Sediment Removal Plan has been approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within 45 days of this letter. Thank you for your attention to this matter. Please contact me if you have any questions or I can be of any further assistance. , Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection Section cc: Pam Boaze—Fish and Wildlife Associates,Inc. Tim Moore—Rainbow Springs ARO File Copy DWQ Central Files Macon County Planning One NorthCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 I-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper r� Michael F.Easley,Governor pG W ill iam"G.Ross.l r.,Secretary North Carolina Department of Environment and Natural Resources DUG') O Coleen H.Sullins,Director Division of Water Quality August 12, 2008 DWQ Project# 08-1000 Buncombe County Darlene Flynn RUKH Asheville Properties 3000 Hadley Road South Plainfield,NJ 07080 Subject Property: Chimney Laurel UT to Ox Creek(040302, 6-87-6-(2), C-Tr) Approval of 401 Water Quality Certification Dear Ms. Flynn: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 299 feet.of streams for the purpose of road crossings at the subject property, as described within your application dated June 19, 2008 and received by the N.C. Division of Water Quality (DWQ) on June 23, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non- discharge, and stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit, This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification. 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream UT to Ox Crk 92 (feet) A culvert Stream UT to Ox Crk 60 (feet) B culvert Stream UT to Ox Crk 80 (feet) C culvert Stream UT to Ox Crk 67 (feet,) D Culvert One North Carolina Natatally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Buncombe\401 s\Chim neyLaurel-081000\(08-1000)401APPROVAL.doc An Equal Opportunity/Affirmative Action Employer-50%Recycled110%Post Consumer Paper Dal Page_, August 12,26c, 2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP)to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check(made payable to: DENR—Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP . Should be contacted at(919) 716-1921 if you have any questions concerning payment into a restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes,this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation River Basin and HUC Number Required Strearn 299 (feet) French Broad 06010105 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Aheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director Enclosures: GC 3705 Certificate of Completion cc: 401/Wetland Unit USACE Asheville Regulatory Field Office DWQ Asheville Regional Office Central Files Clear Water Environmental Consultants Darlene Flynn 9107 Del Prado Dr. Palos Hills, IL. 60465 �� � Michael F.Easley,Governor William G.Ross Jr.,Secretary Q�r North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director j Division of Water Quality AG - Asheville Regional Office SURFACE WATER PROTECTION SECTION August 12, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7902 Mr. Aaron Hamlin Wedgefield Acres Mobile Home Park 558 Pond Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION N OV-2008-LV-0394 Permit No. NCO062634 Wedgefield Acres MHP WWTP Buncombe County Dear Mr. Hamlin: A review of Wedgefield Acres MHP WWTP's monitoring report for May 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 05/01/08 400#/100ml 600#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500, Sincerely, Roger Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Bob Guerra/ DWQ Enforcement Files James &James Environmental/ORC G:\WPDATA\DEMWQ\Buncombe\62634 Wedgefield Acres MHP\NOV-2008-LV-0394.62634.doc NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.or-q FAX (828)299-7043 1-877-623-6748 �� >. \�\ �� �' ,_ i `l^, ' Michael F.Easley,Governor RQWilliam G.Ross Jr.,Secretary G North Carolina Department of Environment and,Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 12, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7919 Steven Wheeler, Manager Town of Lake Lure PO Box 255 Lake Lure NC 287460255 Subject: NOTICE OF VIOLATION NOV-2008-LV-0389 Permit No. N00025381 Lake Lure WWTP Rutherford County Dear Mr. Wheeler: A review of Lake Lure WWTP's monitoring report for May 2008 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 05/31/08 4.3 mg/I 4.52 mg/I Monthly (as N) 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 did not provide an adequate explanation for the subject violation, it is requested that a response be submitted to this Office to the attention of Keith Haynes. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Mr. Haynes of this Office for additional information. If you should have any questions, please do not hesitate to contact this Office at 828/296-4500. Sincerely, • ��' � Roger C. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files NPDES Unit G:\WPDATA\DEMWQ\Rutherford\25381 Lake Lure\nov-2008-Iv-0389.doc N�oAhcarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality_org FAX (828)299-7043 1-877-623-6748 �� \. �� l�\ %_. I\ �" Michael F.Easley,Governor �( William G.Ross Jr.,Secretary 7 North Carolina Department of Environment and Natural Resources l Colleen H.Sullins,Director Division of Water Quality August 12,2008 Macon County DWQ Project No. 080792 NCSR 1521 A (Mountain Grove Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division 14 Engineer N C Department of Transportation 253 Webster Road Sylva,North Carolina 28779 . Dear Mr. Selzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in five (5) unnamed tributaries to Falls Branch, two (2) unnamed tributaries to the North Prong Ellijay Creek and in two (2) unnamed tributaries to Laurel Creek, for the purpose of making improvements to NCSR 1521A (Mountain Grove Road) in Macon County: Stream Im acts in the Little Tennessee River Basin Site Permanent Temporary Fill in Permanent Fill in Temporary Total Stream Stream Fill in Intermittent Perennial Stream Dewatering in Impact Impacts Intermittent Stream(linear ft) (linear ft) Perennial Stream (linear ft) Requiring Stream (linear (linear ft) Mitigation ft) _ linear ft Site 3 0 0 0 75 75 0 Site 4 0 0 10 65 75 0 Site 5 0 0 15 65 80 0 Site 6 0 0 15 65 80 0 Site 7 0 0 10 65 75 0 Site 8 0 0 _ 25 80 105 0 Site 9 0 0 10 70 80 0 Site 10 0 0 13 80 93 0 Site 11 0 0 0 75 75 0 Total 0 A _ 98 640 738 0 Total Stream Permanent Impact for Project: 98 linear feet. Temporary Impact for Project: 640 linear feet. The project should be constructed in accordance with your application dated August 1, 2008 (received August 5, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work. NorthCarolina Nalumlly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.nmaterquality,org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. B. Setzer,P.E. August 12, 2008 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland,fills for this project(now or in the future) exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and(7). For this approval to be valid, you must,follow the conditions listed in the attached certification and any additional conditions listed below. 1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and.riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction of the roadway. 5. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-1, WS-11), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 7. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 8. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 10. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 14. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. r, P.E. 2008 nree 15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 16. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 18. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 19. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification 20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 21. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604, If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike.Parker of the Asheville Regional Office at 828.296.4500. Sincerely, A Coleenn H. Sullins, Director Division of Water Quality cc: Mark Davis, Division 14, DEO Ed Ingle,.Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 080792(Setzer)NCSR 1521 (Mountain Grove Road) �� �� �'�. i �� ��, Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources 1� p Coleen H.Sullins,Director Division of Water Quality August 13, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7007 1490 0004 0798 7971 Ms. Diane Duermit 441 Coopers Hawk Drive Asheville, North Carolina 28803 Subject: NOTICE OF VIOLATION-2008-DV-0329 Incident Number 200802087 146 Rock Hill Road City of Asheville Buncombe County Dear Ms. Duermit: As you are aware, the service line serving your rental house at 146 Rock Hill Road is not capable of carrying sewage and was overflowing sewage onto property at 156 Rock Hill Road. The overflowing of sewage onto the surface of the ground is a violation of North Carolina General Statute 143-215.1 (a). It is our view that this violation has been corrected by the vacating of the house at 146 Rock Hill Road. Placing anyone back in the house without first providing an adequate sewer service and therefore causing further overflows of sewage onto the surface of the ground would be an intentional violation of North Carolina General Statute 143-215.1(a). Intentional violation of North Carolina General Statute 143-215.1 is a Class I felony. North Carolina General Statute 143-215.6 provides for civil penalties of up to $25,000 for discharging sewage without a permit. The same statute empowers a State agency to go into Superior court seeking a court order prohibiting an activity which is in violation of the Statutes. NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Naturally Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 encourage you to call Roy Davis at (828) 296-4500 should you need to discuss this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: City of Asheville, Building Safety Department Buncombe County Health Department Roy Davis G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\NOV-2008-DV-0329 Diane Duermit.doc dAT�R Michael F.Easley,Governor QG William G.Ross Jr.,Secretary cj North Carolina Department of Environment and Natural Resources �, Coleen H.Sullins,Director 5 Division of Water Quality August 13, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7995 Mr. William James Jones, P.E. Carolina Civil Design Associates PA 4A Herman Avenue Extension Asheville, North Carolina 288032 Subject: Fast-Track Application Return Lago Vista Subdivision Town of Lake Lure Rutherford County Dear Mr. Jones: Attached herewith is the Fast-Track Sewer Application that you submitted seeking permission to construct a sewer to serve the Lago Vista Subdivision. The application is being returned for the following reasons: (1) The Operational Agreement submitted does not show the name of our current i F Director. (2) Section B-9 of the application was not completed to indicate how the flow volume was determined. Please do not resubmit the Application until we have a better feel of what the future wastewater treatment plant at Lake Lure will look like. A telephone call prior to resubmission would be in order. Recently completed wastewater treatment units at Lake Lure are not functioning as envisioned. For your information I will mention that the Town's current SOC expires on February 28, 2009 and calls for compliance with permit final limits on November 30, 2008. Please do not hesitate to call me at 828/296-4659 should you wish to discuss this matter. Sincerely, Roy M. avis Environmental Engineer C: Tom Zinc, Jr., Raven Ridge, LLC Steve Wheeler, Town of Lake Lure GAWPDATA\DEMWQ\Rutherford\Lake Lure Collection System\Application Return-Lago Vista NorthCarolina Subdivision.doc Na&llally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper \�� ��� ��� �,� ���, �I /-�. '�<�,. Michael F.Easley,Governor William G. Ross Jr.,Secretary V North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION August 14, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7988 Mr. David W Odom, PE Highlands at Walnut Creek 152 E Main St Forest City,NC 28043 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Highlands at Walnut Creek DWQ Tracking Number: NCROO1051 NOV-2008-PC-0585 Construction Stormwater Permit—NCG010000 Stream Standard Violation- Other Waste (In-stream sediment) Polk County Dear Mr. Odom: On August 4, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for Highlands at Walnut Creek along County Line Road in Polk County. Todd Frasier, Josh Perry, and Mike Hager were present during the inspection. Construction Stormwater Permit NCGO 10000, and stream standards violations were noted during the inspection and file review. Sediment impacts to Unnamed Tributaries to Walnut Creek, classification C, were documented constituting permit and stream standard violations. Two tributaries to Walnut Creek were impacted throughout the channel with sediment deposition up to 6 inches along approximately 2500 linear feet of stream reach. As a result of the site inspection and file review,the following violations, detailed below, were noted: VIOLATIONS I. Construction Stormwater Permit NCGO10000 - A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. Specifically, the NCG010000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. One NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycledl10%Post Consumer Paper Highlands at Walnut Creek-Odom Page 2 of August 14, 2008 a. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. \ No.2) Failure to follow Erosion Control Plan, as cited in Division of Land Resources (DLR)Notice of Violation dated June 30, 2008 and DLR inspection dated _. July 23, 2008, represents a violation of NCGO10000 Permit. b. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Division of Land Resources Notice of Violation dated June 30, 2008 and DLR inspection dated July 23, 2008, represents a violation of NCGO 10000 Permit. II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 2000 feet of Unnamed Tributaries to Walnut Creek, classification C were impacted by sediment deposition greater than 2 inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCG010000 a. Please explain when you anticipate being in full compliance with the NCG010000 Permit and your Erosion and Sediment Control Plan. II. Stream Standard - Other Waste(In-Stream Sediment) a. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response. b. Please submit a Sediment Removal Restoration Plan(Restoration Plan)to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from the unnamed tributaries to Walnut Creek. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. It is recommended that you contact Linda Wiggs of the Asheville Regional Office for additional guidance during restoration plan development. Mr. Frasier has received a guidance document for sediment removal activities, however, briefly the Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. ,,,ut Creek-Odom Page 3 of 3 JS • A diagram of the stream channel, referenced with photo documentation of sediment impacts. A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity is not released. c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Linda Wiggs. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs or myself at (828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources Polk County Planning GAMDATA\DEMWO\POMStormwater Construction NCG01\HighlandsWainutCrk-NCR001051\NOV-2008-pc-0585.doc Michael F. Easley, Governor �0 WaT �'Q William G. Ross Jr., Secretary �O Gy North Carolina Department of Environment and Natural Resources — r Coleen H. Sullins, Director p Division of Water Quality Asheville August 14, 2008 Mr. Steven G. Harris, Manager Cashiers Canoe Club Development, LLC 1246 West Main Street Sylva, North Carolina 28779 Subject: Permit No. WQ0033344 Cashiers Canoe Club Development, LLC Canoe Club Wastewater Collection System Extension Jackson County Dear Mr. Harris: In accordance with your application received on August 4, 2008, we are forwarding herewith Permit No. W00033344, dated August 14, 2008, to Cashiers Canoe Club Development, LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's Notice to Proceed for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design. Criteria adopted February 12, 1996 as applicable; and the Division's.Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC-28778 Telephone (828)296-4500 Fax (828)299-7043 One NorthCarolliina DENR Customer Service Center Telephone 1 800 623-7748 Naturally An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Cashiers Canoe Club Development, LLC August 14, 2008 Page' . In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby \\ granted to Cashiers Canoe Club Development, LLC for the construction and operation of 4,077 linear feet of 8-inch diameter gravity sewer, and 392 linear feet of 4-inch diameter force main and the discharge of 30,600 gallons per day of additional wastewater into Tuckasiegee Water& Sewer Authority's (TWSA) existing sewerage system, pursuant to the application received on August 4, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the TWSA Cashiers Wastewater Treatment Facility (Permit No. NC0063321) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Jackson County Building Inspector Joe Cline, Tuckasiegee Water & Sewer Authority ARO, Surface Water Protection (WWTF Permit No. NC0063321) Martin Kocot, PE Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CASHIERS CANOE CLUB DEVELOPMENT, LLC CANOE CLUB JACKSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033344 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1 This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 26 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. � An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No W00033344 Cashiers Canoe Club Development, LLQ- Canoe Club Jackson County, August 14 20,, 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this. request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 26 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 No W00033344,Cashiers Canoe Club Development LLC, Canoe QlA Jackson County August 14, 200 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 14th day of August, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Cole n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033344 3 Permit No W00033344 Cashiers Canoe Club Development, LLC, Canoe Club Jackson County August 14 20c ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 4,077 linear feet of 8-inch diameter gravity sewer, and 392 linear feet of 4-inch diameter force main Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑full time) the construction of the above referenced project for the Permittee hereby state that, to the.best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ....._..............................................................................................: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C.EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .................................................................................................... : The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F.Easley,Governor William G. Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources 7� Coleen H.Sullins,Director ..1 Division of Water Quality `C AC:!1W Asheville Regional Office SURFACE WATER PROTECTION August 14, 2008 Mr. Steven Wheeler, Town Manager Town of Lake Lure PO Box 255 Lake Lure, N.C. 28746-0255 SUBJECT: Technical Assistance Inspection Town of Lake Lure, WWTP NPDES Permit Number NCO025381 Rutherford County Dear Mr. Wheeler: Enclosed please find a copy of the Technical Assistance Inspection form from the inspection conducted on August 12, 2008. Don Price and Jeff Menzel of the Asheville Regional Office conducted the Technical Assistance Inspection. The facility was found to be Non-Compliant with permit NC0025381. The non-compliance determination is based on observations and overall appearance of the WWTP at the time of the Technical Assistance. It appears several items at the WWTP, the Flash mix and Flocculation chamber were out of service and not functioning, and appeared to have been out of service for some time. This observation has been made previously in inspections and needs to be corrected. Other observations made during the Technical Assistance indicate the facility is not conducting adequate process control to determine the optimum coagulant dosage to the system. There are some competing reactions, varying levels of alkalinity and other factors at the WWTP, that typically make calculation of proper chemical dosages difficult. Therefore it was suggested the facility staff begin a 2/week Process Control program, which includes acquiring and using a Jar Testing unit to determine the optimum chemical dosage. Overdosing can diminish the effectiveness of treatment. You will find attached to this report a copy of EPA Fact Sheet on "Chemical Precipitation", which should be beneficial to your staff at the WWTP. Also attached is a "sample" Process Control Log for your review and comment. NorthCarolina naturally 2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 Lake Lure TA, page 2 NC0025381 The time and assistance of you and your staff in conducting the Technical _... Assistance inspection 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, Don Price, CET WWTP Consultant Enclosure cc: Mr. William Grimes, Lake Lure WWTP ORC Central Files Asheville Regional Office Files United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO025381 Ill 121 08/08/12 117 18I DI 191,GI 20I Remarks 211 I I I I I I I I I I I I I I I I I I i l l l 1 t 1 1 1 1 1 1 1 1 1 J 1 1 1 1 11 1 I 1 1 1 1 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67 169 70I 1 I 71 UI 72 L N I 73�74 751 I I I I I I 180 Section B: Facility Data '— Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Lake Lure WWTP 09:00 AM 08/08/12 04/04/01 PO Box 255 Exit Time/Date Permit Expiration Date Lake Lure NC 28746 10:00 AM 08/08/12 08/08/31 Name(s)of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data William R Grimes/ORC/828-625-9983/ Name,Address of Responsible Official/Title/Phone and Fax Number H M Place,PO Box 255 Lake Lure NC 28746//828-625-9983/ ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance ■Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Don Price Point Source Branch//828-296-4500/W 15-/0 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Fol 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont. �. 3� NCO025381 11 12� 08/08/12 117 18IN1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This Technical Assistance (TA) was conducted as a follow-up to the TA conducted in October 2007. At that TA information was given to ORC, William Grimes, regarding conducting "Jar Test"to determine optimum dosage for feeding coagulants to the process. Lake Lure has been modified to be operated as a "Physical/Chemical"WWTP rather than a conventional Activated Sludge WWTP.Lake Lure staff has not used the "Jar Test" procedure and prefers to use the data obtained from Influent and Effluent monitoring (i.e. BOD, TSS, Ammonia)and removal efficiencies. This method of process control does not allow for "Optimum" chemical dosage or solids accumulation.Chlorine is added at the influent to"disinfect"the flow. The process operates by Influent entering the WWT system via a Lift Station at the foot of the Dam. From the entry point of the flow it travels through a " Bar Screen", "Flash Mix", and "Flocculation Chamber", then to a "Sedimentation Basin", and "Final Clarifier", "Chlorine Contact Chamber", and finally discharge to the Broad River. At the time of the TA the Flash Mix, Flocculation Chamber, and Sedimentation Basin were out of service. Lake Lure staff stated the Flash mix and Floc chamber were operational, but it appeared they have not been used in quite some time. The Sedimentation Basin was down and being by-passed so work could be done to dis-assemble the sludge removal equipment.Comments by Lake Lure staff indicated the sludge removal system did not operate from its initial installation in 2007. The "New" sludge removal system to be installed will use the existing "Return/Waste" pumps and a new piping/collection system to be located in the bottom of the Sedimentation Basin: The inlet end of the Sedimentation Basin will need some modification in the form of a baffle, in order to allow and improve flocculation and sedimentation. It will also help prevent"short-circuiting" through the basin. The effluent piping system needs to be "straightened" to allow a consistent discharge from the WWTP. At the present time flow is backed up into the chlorine contact chamber and secondary clarifier. This correction has been mentioned previously by ARO staff and CGAL's staff. I am enclosing a EPA Wastewater Technology Fact Sheet on "Chemical Precipitation"for use and review by Lake Lure WWTP staff. It should provide some ideas to WWTP staff to "improve" and "optimize"the operation and get the WWTP into compliance. I am also suggesting to Lake Lure WWTP staff to try a small amount of"Potassium Permanganate"(KMn04) in conjunction with the coagulant to see if improved settling can be accomplished. The KMn04 should aid in organic removal (i.e. BOD) and improve settling. Jar test should be conducted to determine the "optimum" dosage. Page# 2 Permit:NCO025381 Owner-Facility: Lake Lure WWTP Inspection Date: 08/12/2008 Inspection Type: Technical Assistance Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ 0 0 Does the facility analyze process control parameters,for ex:MLSS, MCRT, Settleable Solids,pH, DO, Sludge ❑ ® ❑ n Judge,and other that are applicable? Comment: It has been discussed in previous facility inspections and Technical Assistance visits , that facility staff need to conduct process control on the WWTP operation. This is a greater concern, because the WWTP operates as a "Physical/Chemical"facility and there is no indication as to how much solids are produced. Page# 3 �tT�9 Michael F.Easley,Governor North Carolina Department of Environment and Natural Res outcry G- William G.Ross Jr.,Sec _ Resources > .� 4 Coleen H.Sullins,Director Division of Water Quality August 14, 2008 DWQ Project # 08-1012 Macon County CERTIFIED MAIL RETURN RECEIPT REQUESTED — 70071490 0004 0798 8008 Dan Springman, Superintendent Macon County Board of Education Post Office Box 1029 Franklin, NC 28744 Subject Property: Highlands School Soccer Field UT to Harris Lake REQUEST FOR MORE INFORMATION Dear Mr. Springman: On June 26, 2008, the Division of Water Quality (DWQ) received your application in regards to culverting a segment of stream to facilitate the installation of a soccer field at the Highlands School. The DWQ has determined that your application was incomplete. Therefore, unless we receive the additional information requested below, we will place this project on hold as incomplete until we receive this additional information, or until the below stated deadline has passed. If the requested information is not received by the deadline below, the package will be returned. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. In Application Item Vill., it is stated that the proposed mitigation will be through the donation of a degraded stream along with adjacent land such that it shall someday be restored. As the Division requires that the mitigation occur prior to, or concurrent with, the impacts as to minimize temporal ecological losses associated with the project, this mitigation is inappropriate. You must provide an adequate mitigation package for the proposed activity, which will provide an ecological uplift within the drainage basin where the impacts will occur. Should you not be able to secure an appropriate mitigation plan, you may choose to withdraw your application until such a time that you can provide an acceptable mitigation package for the proposed impacts. NorthCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Macon\401 s\08-1012.HighlandsSchoolSoccerField.Add-Info.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Highlands School You must submit information which clearly provides the necessary information indicated a5 being needed above, or request withdrawl of the application. Please respond before September 25, 2008 by sending this information to both the 401 Permitting Unit at: Mrs. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 and to the Asheville Regional Office at: Chuck Cranford Surface Water Protection Section 2090 US HWY 70 Swannanoa, NC 28778 If we do not hear from you before September 25, 2008, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Chuck Cranford at 828-296-4500 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, =-' Roger C. Edwards, Regional Supervisor Division of Water Quality Surface Water Protection Section RCE/khb cc: Pam Boaze, Fish and Wildlife Service, Inc. Post Office Box 241 Whittier, NC 28789 401 Permitting Unit, Central Office USACE Asheville Regulatory Field Office David McHenry, Wildlife Resources Commission File Copy Central Files Filename: 08-1012.HighlandsSchoolSoccerField.Add-Info 0 WAT �i' Michael F. Easley, Governor p William G. Ross Jr., Secretary O G North Carolina Department of Environment and Natural Resources co � r Coleen H. Sullins, Director Division of Water Quality Asheville August 15, 2008 Ms. Sally W. Sandy City Manager City of Morganton Post Office Box 3448 Morganton, North Carolina 28680-3448 Subject: Permit No. WQ0033345 City of Morganton Flowers Foods Wastewater Collection System Extension Burke County Dear Ms. Sandy: In accordance with your application received on August 1, 2008 we are forwarding herewith Permit No.W00033345, dated August 15, 2008, to the City of Morganton for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please notify Roy Davis in writing when you begin construction of this collection system extension. Please pay particular attention to Permit Condition 3 that requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC.2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org One 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 North Carolina Naturally DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper City of Morganton August 15, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Morganton to construct and operate approximately 160 linear feet of 8-inch diameter gravity sewer to serve Flowers Foods and the discharge of 2,130 gallons per day of collected domestic wastewater into the City of Morganton's existing sewerage system, pursuant to the application received on August 1, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Morganton Wastewater Treatment Facility (Permit No. NC0026573) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Burke County Building Inspector ARO, Surface Water Protection (WWTF Permit No.N00026573) B. Chad Houser, PE Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF MORGANTON FLOWERS FOODS BURKE COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT W00033345 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 26 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No W00033345, City of Morganton, Flowers Food, August 15 2008 Burke County 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation' of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional - Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours % or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 4o W00033345 City of Morganton Flowers Foods August 15. 2008, Burke County a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 15th day of August, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1 Q for dol6an H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033345 3 Permit No. W00033345, City of Morganton. Flowers Foods, August 15, 2008, Burke County ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 160 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: .........................................................................._..........: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. J O 9 Michael F. Easley, Governor William G. Ross Jr., Secretary 1, North Carolina Department of Environment and Natural,Resources �—� Coleen H. Sullins, Director p Division of Water Quality Asheville August 15,2008 Mr. Lee Smith, Director Water & Sewer Department City of Hendersonville 305 Williams Street, Suite 119 Hendersonville, North Carolina 28792 Subject: Permit No. WQ0033340 City of Hendersonville Blue Rock Commerce Center Wastewater Collection System Extension Henderson County Dear Mr. Smith: In accordance with your application received on July 31, 2008, we are forwarding herewith Permit No. WQ0033340 dated August 15, 2008, to the City of Hendersonville for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's " notice to proceed" for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.newaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%o post-consumer paper City of Hendersonville August 15, 2008 Page 2 �. In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Hendersonville to construct and operate approximately 5,265 linear feet of 8-inch diameter gravity sewer, to serve the Blue Rock Commerce Center and the discharge of 500 gallons per day of additional wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received on July 31, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility (Permit No., NC0025534) prior to being discharged into Mud Creek in the French Broad River Basin. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, ;D=1een H. Sullins, Director Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025534) Surface Water Protection Central Files Jon H. Laughter, PE PERCS Files G:\WPDATA\DEMWQ\Henderson\Hendersonville CS\WQ0033340 Hendersonville-Blue Rock.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF HENDERSONVILLE BLUE ROCK COMMERCE CENTER HENDERSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0033340 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1', 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1 C. 1 A Permit No W00033340,City of Hendersonville, Blue Rock Commerce Center, Henderson County Aug 15 20D 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through§143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 r4o W00033340, City of Hendersonville, Blue Rock Commerce Center, Henderson County, Aug 15, 2008 or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be .considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 15h day of August, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for of en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033340 3 Permit No. W00033340 City of Hendersonville, Blue Rock Commerce Center. Henderson County, Aug. 15 20'u ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: approximately 5,265 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the U observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February'12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: :.............................................................................................:......: SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC.28778 ......................................:.............................................................; The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. 9 Michael F.Easley,Governor p� William G.Ross Jr.,Secretary —i North Carolina Department of Environment and Natural Resources Colleen H.Sullins,Director Division of Water Quality August 15, 2008 DWQ Project# 08-1027 Madison County Madison County Governing Board Mr. Charles Tolley, Project Manager 930 Long Branch Road Marshall,NC 28753 Subject Property: Madison County Jail Project Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Tolley: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 290 feet of streams for the purpose of construction of a jail at the subject property, as described within your application dated June 17, 2008 and received by the N.C. Division of Water Quality(DWQ) on June 27, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s)3705 (GC3705). The Certification(s)allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers(USACE). In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to) Erosion and Sediment Control regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 290 (feet) UT to Hayes Run NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www,.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr.Ci. Pat August 15,,E 2. Certificate of Completion �\ Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Starr Silvis in the DWQ Asheville Regional Office at 828-296-4665. Sincerely, /0-t Coleen H. Sullins,Director CHS/ses Enclosures: GC 3705 Certificate of Completion cc: Mr. Scott Gregory, Baker Engineering, 797 Haywood Road, Suite 201,Asheville,NC 28806 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office Cyndi Karoly, Wetlands and Stormwater Branch Central Files i GAWPDATA\DEMWQ\Madison\401 s\08-1027Madison.J ail.Project.Approval.doc Michael F.Easley,Governor Q�i William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources -i Coleen H.Sullins,Director Division of Water Quality August 15, 2008 Macon.County DWQ Project 20081022 TIP No. B-4179 NCSR 1513 (Cat Creek Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Greg Thorpe, PhD., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh,North Carolina,27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts to Rabbit Creek for the purpose of constructing a fifty-three (53) foot bottomless con-span culvert on NCSR 1513 (Cat Creek Road) in Macon County: Stream Im acts in the Little Tennessee River Basin Site Permanent Streambank Permanent Temporary Total Stream Fill in Stabilization Fill in Impacts in Stream Impacts -' Intermittent (linear ft) Perennial Perennial Impact Requiring Stream (linear Stream Stream (linear ft) Mitigation ft) linear ft) linear ft) (linear ft) Site 1 0 82 53 144 279 0 Total 1 0 82 1 53 1 144 1 279 1 0 Total Stream Permanent Impact for Project: 135 linear feet. Temporary Impacts for Project: 144 linear feet. The project should be constructed in accordance with your application dated June 16, 2008 (received June 27, 2008) and additional information received on July 29, 2008, including the environmental commitments made in the application letter. . After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3689, 3701 and 3688, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13, 23 and 33. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre,or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer A Dr. Greg Thorpe, PhD. August 15,2008 Page Two \ Condition(s) of Certification: 1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures must be installed and maintained on the project site until all disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas. 3. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 5. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices. Mowing of existing vegetated buffer areas is strongly discouraged. 6. If multiple pipes or barrels are required, that shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. The dimension, pattern and profile of the stream, above and below the new culvert and old bridge, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 15. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 16. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 18. 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. pe, PhD. 2008 ,nree 19. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 20. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,DWQ may reevaluate and modify this certification. 21. 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. 22. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 23. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604. 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 ,04 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. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: David Baker, USACE,Asheville Field Office J. B. Setzer, P.E., Division 14 Engineer Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Marla Chambers,NCWRC Marela Buncick,USFWS Transportation Permitting Unit Asheville Regional Office 081022(Thorpe)TIP B-4796 NCSR 1513 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director --I Division of Water Quality `C Asheville Regional Office SURFACE WATER PROTECTION August 18, 2008 Highlands at Walnut Creek Mr. David W Odom, PE 152 E. Main St Forest City,NC 28043 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Highlands at Walnut Creek DWQ Tracking Number: NCR001051 Reference: NOV-2008-PC-0585 Polk County a Dear Mr. Odom: A Notice of Violation(NOV), referenced above, was issued on August 14, 2008 for Highlands at Walnut Creek along County Line Road in Polk County. Odom Hollifield and Associates provided a sediment removal plan as part of a response for this NOV to the Division of Water Quality on August 12, 2008. The NOV requested sediment removal, specifically Required Response 411. This Sediment Removal Plan is approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty (30) days of this approval letter. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Section cc: ARO File Copy DWQ Central Files NorthCarolina Naturally 2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 877-623-6748 G:\WPDATA\DEMWQ\POLK\Stormwater Construction NCG01\HighlandsWainutCrk-NCR001051\highlands- SedimentRemovalAPP ROVE.doc \� .,,\ ,\ l L_...:.. �__, 1�/l �:�✓. Q�WAr,�, Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources -� Coleen H. Sullins, Director © Division of Water Quality Asheville August 19, 2008 Mr. George W. Walker, Chairman Camp Dorothy Walls Conference and Retreat Center, Inc. Post Office Box 26770 Charlotte, North Carolina 28221 Subject: Permit No. WQ0033341 Camp Dorothy Walls Conference and Retreat Center, Inc. Wastewater-Collection System Extension Buncombe County Dear Mr. Walker: In accordance with your application received on March 24, 2008 and resubmitted on August 11, 2008 we are forwarding herewith Permit No. WQ0033341, dated August 19, 2008, to Camp Dorothy Walls Conference and Retreat Center, Inc. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's Notice to Proceed for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.nowaterquality.org One 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 No'rthCarofiinna a DENR Customer Service Center Telephone 1 800 623-7748 d�'aturall ff An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Camp Dorothy Walls August 19, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North \ Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Camp Dorothy Walls Conference and Retreat Center, Inc. to construct and operate approximately 535 linear feet of 6-inch diameter gravity sewer to serve a conference center and retreat and the discharge of 12,000 gpd of additional domestic wastewater pursuant to the application received on August 11, 2008 and in conformity with 15A NCAC 2T .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Metropolitan Sewerage District of Buncombe County's (MSD) Wastewater Treatment Facility (Permit No. NCO024911) prior to being discharged into the receiving stream. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4659. Sincerely, �- IVT1 for Coleen H. Sullins, Director Division of Water Quality cc: Buncombe County Building Inspector ARO, Surface Water Protection (NC0024911) Michael A. Widenhouse, PE Stan Boyd, MSD PERCS Files Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\WQ0033341-Camp Dorothy Walls.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CAMP DOROTHY WALLS CONFERENCE AND RETREAT CENTER, INC. BUNCOMBE COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033341 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. y 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 26 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permitflo W00033341 Camp Dorothy Walls Conference and Retreat Center, Inc Buncombe Co Aug 19 20 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump - stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life - ' of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1,.2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 c'No W00033341, Camp Dorothy Walls Conference and Retreat Center, Inc Buncombe Co Aug. 19, 20& a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 19th day of August, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION fo C een H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033341 i 3 Permit No. W00033341 Cam D� orothy Walls Conference and Retreat Center, Inc. Buncombe Co., Aug. 19, 2b ENGINEERING CERTIFICATION — POSY CONSTRUCTION System Description: 535 linear feet of 6-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: :..................................................................................................... SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .._................................................................................................: The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow _- made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. �- Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality "C Asheville Regional Office SURFACE WATER PROTECTION August 19, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 8015 Mr. Robert Shane Vance PO Box 5 Spruce Pine, NC 28777 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 8022 Mr. Jonathan Lane Pitman 2431 Jacksontown Road Spruce Pine, NC 28777 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-SS-0029 Stream Standard Violation - Other Waste (In-stream sediment) Mitchell County Dear Messrs. Vance and Pitman: On July 24, 2008, Starr Silvis from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at the Altapass Dam in Mitchell County. Mr. Bill Beck with the Asheville Regional Office of the Land Quality Section and Mr. Robert Shane Vance were on site at the time of the inspection. Stream standards violations were noted during the inspection. Sediment impacts to Rose Creek, classified as C Trout, were documented constituting stream standard violations. Approximately 1,000 feet of Rose Creek was impacted with between 6 and 20 inches of sediment. The riser pipe of the lake area was removed or displaced causing the water contained behind the dam to be released. Subsequently, the unstable sediments located on the bed of the lake have been washing downstream for an undetermined amount of time. As a result of the site inspection and file review, the following violations, detailed below, were noted: Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Greater than 1,000 feet of Rose Creek(C, Tr) was impacted by sediment deposition from 6 to 20 inches deep throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) NoithCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Robert Shane Vance and Jonathan Lane Pitman Page 2 of 3 August 19, 2008 REQUIRED RESPONSE This Office requests that you respond in writing within 30 days of receipt of this Notice. Your response should be sent to both to the attention of Mr. Roger Edwards Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: a. Please provide a map that exactly details the impacts to jurisdictional waters. This map should indicate all of the impacts to jurisdictional waters both on and off site. This information must be clearly depicted on a map that you provide as a part of this response; b. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from Rose Creek. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development and authorization necessary to achieve compliance. It is recommended that your consultant contact Roger Edwards of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to the Asheville Regional Office. G:\WPDATA\DEMWQ\Mitchell\Altapass Dam\NOV-2008-SS-0029.doc .nce and Jonathan Lane Pitman Page 3 of 3 ,18 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 maybe 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 me at (828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files ARO Land Quality Section Tom Freeman, Consultant G:MPDATA\DEMWQ\Mitchell\Altapass Dam\NOV-2008-SS-0029.doc \\ \� \;_. �� i-...\ �J Michael F.Easley,Governor William G.Ross Jr.,Secretary C, North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION August 19, 2008 Mr. John C. Francis 201 Freeman Road Waynesville, North Carolina 28786 SUBJECT: Compliance Evaluation Inspection Status: Compliant Green Valley Mobile Home Park WWTP Permit No: NCO030422 Haywood County Dear Mr. Francis: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 15, 2008. The facility appeared to be in compliance with permit NC0030422. Mr. Wike is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call meat 828-296-4500 Ext. 4667. Sincerel-�-, Jan Cantwe nvironmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Environmental Inc./ ORC w/ attachment G:\WPDATA\DEMWQ\Haywood\30422 Green Valley MHP\30422-CE1.08.doc ' IVY rthCarolina Naturally 2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 \� \� l �\..... �_ /--., ���✓ _..._._. United States Environmental Protection Agency Form Approved. EPA n Washington,D.C.20460 OMB No.2040-0057 GI'/'1 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 II 2 151 31 NCO030422 111 121I 08/08/15 117 181 CI 19's 20I I +-J Remarks �J —J 211 I I I I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111 I 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70 U 71 IJ 72I NJ 731L1 74 751 I I I I ( I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Green Valley Mobile Home Park 11:40 AM 08/08/15 06/12/01 131 Freeman Rd Exit Time/Date Permit Expiration Date Waynesville NC 28786 12:30 PM 08/08/15 11/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number John Carr Francis,201 Freeman Rd Waynesville NC 28786//828-456-843C/ntaCted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports ®Self-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667f �0 ure of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 's2c� 0 0 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 1\\ 3I NCO030422 I11 12I 08/08/is 117 18'Yf Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Gray Wike/ORC and John Francis/Green Valley MHP owner assisted in the inspection. The previous compliance evaluation inspection was conducted on 5/22/07. A review of the files indicates that the permit expires 1/31/2011. The Annual Performance Report has been filed for the year. Mr. Francis stated that he is working on purchasing an equalization basin. Mr. Wike stated that he will realign one of the blowers next week and is in the process of getting the second blower fixed. He will also fix the leak in the airline pipe and surface skimmer. The Collection System inspection will be sent separately from the WWTP inspection. Page# 2 Permit: NCO030422 Owner-Facility: Green Valley Mobile Home Park Inspection Date: 08/15/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ 0 ❑ #Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ❑ ■ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Unauthorized access into the facility through the chain link fence and below the shed needs to be remedied. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids, pH, DO,Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available,complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ❑ ❑ ■ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain-of-custody complete? ❑ ❑ ❑ ■ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ONO Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Page# 3 A Permit: NCO030422 Owner-Facility: Green Valley Mobile Home Park Inspection Date: 08/15/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? ■ ❑ n 0 Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n In Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ® n n n Is the foam the proper color for the treatment process? ■ n n Does the foam coverless than 25%of the basin's surface? ■ ❑ n n Is the DO level acceptable? 110 n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n Comment: Lagoons Yes No NA NE Type of lagoons? Anaerobic #Number of lagoons in operation at time of visit? 1 Are lagoons operated in? Series #Is a re-circulation line present? - ❑ ■ ❑ ❑ Is lagoon free of excessive floating materials? ■ n n n #Are baffles between ponds or effluent baffles adjustable? n ❑ ■ n Are dike slopes clear of woody vegetation? ■ ❑ n Q Are weeds controlled around the edge of the lagoon? ■ n ❑ n Are dikes free of seepage? ❑ ❑ n ■ Are dikes free of erosion? n ■ n n Are dikes free of burrowing animals? n n n ■ #Has the sludge blanket in the lagoon(s)been measured periodically in multiple locations? ■ n #If excessive algae is present, has barley straw been used to help control the growth? n ❑ ■ n Is the lagoon surface free of weeds? ■ ❑ ❑ ❑ _-- Page# 4 Permit: NCO030422 Owner-Facility: Green Valley Mobile Home Park Inspection Date: 08/15/2008 Inspection Type: Compliance Evaluation Lagoons Yes No NA NE Is the lagoon free of short circuiting? ® ❑ ❑ ❑ Comment: Polishing pond was pumped 8/14/08. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ® ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ® ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ■ ❑ Comment: f \ Page# 5 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources =.� Coleen H.Sullins,Director i Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 19, 2008 Ms. Barbra Hammond, Town Manager Town of Rhodhiss Post Office Box 40 Rhodhiss, North Carolina 28667 SUBJECT: Compliance Evaluation Inspection Rhodhiss Wastewater Treatment Plant Permit No NCO025917 Burke County Dear Ms. Barbra Hammond: Enclosed please find the Compliance Evaluation Inspection repot from the inspection conducted on June 24, 2008. It was my determination that the Town of Rhodhiss is taking the necessary steps to insure more effective treatment at its facility, therefore, the Town's wastewater treatment was found to be in Compliance with permit NC0025917. Discrepancies were observed which have been noted on previous inspection reports. The flow measurement device needs to be calibrated at least annually. The sand filters need to function in the manner for which they were intended. Currently within the sand beds there is severe ponding, algae growth, and misaligned pipes within the system. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at. 828-296-4658 Sincerely, Jeff Menzel Enclosure cc: ;ORC Central Files Asheville Files NonrthCarotina Natfir,11l,J 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Burke\25917 Rhodhiss �\ i\ \\ �_� C .- United States Environmental Protection Agency Form Approved. EPA n/� Washington,D.C.20460 OMB No.2040-0057 f Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 1 NI 2 ) 51 31 NC0025917 111 121 08/06/24 117 181 Cl 191.sl 20' ' Remarks 211 11 1 1 1 11 1 1 I I IJ I I l l l 1 i l l l 1 I I I I l l l l 1 l l l l 1 1 l l l l l l 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 671 169 701 31 71 I_I 721 N I 73 LU 74 751 I I I I I I (80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Rhodhiss WWTP 02:00 PM 08/06/24 05/06/01 Catawba Ave Exit Time/Date Permit Expiration Date Rhodhiss NC 28667 03:15 PM 08/06/24 10/03/31 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Rick Justice,PO Box 40 Rhodhiss NC 28667//828-396-8400/ Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement Operations&Maintenance ®Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 3� NC0025917 (11 121 08/06/24 117 18N Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This facility is currently upgrading its treatment capabilities. As stated in previous inspection reports there is constant ponding in the sand beds and the filter pipes are not functioning in the manner for which they were intended. The flow measurement system needs to be calibrated at least once a year and documentation of this event needs to be kept on site. The facility also needs to be enclosed to restrict public entry. The effluent was clear. This facility has requested that Mr. Don Price of DWQ offer his technical assistance to help insure compliance with its NPDES permit. The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants (WWTP) and Collection Systems (CS) with operational concerns. This service is free and non-regulatory to assist in the identification and correction of operational problems. The service can be utilized for optimization of the operation of WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828-296-4500. 1 Page# 2 Permit: NCO025917 Owner-Facility: Rhodhiss WWTP .nspection Date: 06/24/2008 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids, pH, DO, Sludge n n ■ ❑ Judge, and other that are applicable? Comment: This facility is currently under construction housekeeping is considered acceptable even though there is disturbed areas and equipment lying around. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available,complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ® ❑ ❑ ❑ Is the chain-of-custody complete? ■ ❑ ❑ ❑ Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ■ ❑ ❑ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Page# 3 Permit: NCO025917 Owner-Facility: Rhodhiss wwTP \ Inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? mn n n Facility has copy of previous year's Annual Report on file for review? n n n Comment: Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? n n n Is flow meter calibrated annually? n m n In Is the flow meter operational? n n n (If units are separated) Does the chart recorder match the flow meter? n n 0 n Comment: This facility relies on pump dose counts to calculate flow it is recommended that these pump volumes be calibrated to insure a more accurate flow measurement. Sand Filters (Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? n ■ n n Is the distribution box level and watertight? ■ n n n Is sand filter free of ponding? fl ■ n n Is the sand filter effluent re-circulated at a valid ratio? n n ■ n #Is the sand filter surface free of algae or excessive vegetation? ❑ ■ n n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ n Comment: As noted in previous inspection reports...there is significant ponding and algae growth in several of the sand filter beds. There are several pipes, which are not aligned properly; also there is one pipe which has become disconnected. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ ❑ n n Are cylinders protected from direct sunlight? ® n n n Is there adequate reserve supply of disinfectant? ® ❑ n n Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ n n n Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? n ■ n n If yes,then is there a Risk Management Plan on site? n ■ n n If yes,then what is the EPA twelve digit ID Number?(1000- Page# 4 Permit: NC0025917 Owner-Facility: Rhodhiss WWTP Inspection Date: 06/24/2008 Inspection Type: Compliance Evaluation Disinfection-Gas Yes No NA NE If yes,then when was the RMP last updated? Comment: A RMP is not required at this facility. De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? 0 n 0 (l Is storage appropriate for cylinders? ❑ n n #Is de-chlorination substance stored away from chlorine containers? ® n n ❑ Comment: Are the tablets the proper size and type? n ® n Are tablet de-chlorinators operational? n n ® n Number of tubes in use? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? n n ® n Is septic tank pumped on a schedule? ■ n n n Are pumps or syphons operating properly? ® n n n Are high and low water alarms operating properly? n n ® n Comment: This facility has recently installed two new septic tanks, at the time of inspection work was still being done on these units. Page# 5 Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director �—H Division of Water Quality 'C. Asheville Regional Office SURFACE WATER PROTECTION August 20, 2008 Seven Falls Keith Vinson 39 Pleasant Grove Church Rd Hendersonville,NC 28739 SUBJECT: Sediment Removal Plan Approval Seven Falls DWQ Tracking Number: NCR001043 Henderson County Dear Mr. Vinson: Twenty-four hour notification of sediment loss was reported to Division of Water Quality (DWQ) on July 10, 2008. I performed a site inspection on July 24, 2008 and required restoration of the impacted stream channel. Present during this inspection were Bill Lapsley with Lapsley and Associates and Bill Newman with Taylor and Murphy. Clear Water Environmental Consultants provided a response for this restoration effort to the Division of Water Quality on July 23, 2008 recommending a hand labor technique for sediment removal. During my inspection on July 24, 2008 it was determined that because of the substrate and impacts hand labor alone would be ineffective in restoring the stream channel. Bill Newman stated that Taylor and Murphy could successfully perform a re-suspension or spray and wash technique for remediation. Clear Water Environmental Consultants provided DWQ a modified remediation plan on August 18, 2008, The Sediment Removal Plan provided by Clear Water Environmental Consultants is approved. Activities involved in this approved plan,as well as submittal of the final report, are to be completed within thirty (30) days of this approval letter. Bill Newman stated on the phone August 19, 2008 the estimated schedule to initiate this process is the week of August 25th. Sincerely, Linda Wiggs Surface Water Protection Section cc: ARO File Copy DWQ Central Files Lapsley and Associates Taylor and Murphy Bill Lapsley Bill Newman Two Town Square Suite 320 1121 Brevard Road Asheville NC 28803 Asheville NC 28816 NorthCarolina Naturally 2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 877-623-6748 G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCG01\SevenFalls-NCR001043\7Falls-SedimentRemovalAPPROVE.doc Michael F.Easley,Governor William G.Ross Jr.,Secretary `aG North Carolina Department of Environment and Natural Resources r7 Ceen H.Sullins,Director D Division of Water Quality `C Asheville Regional Office SURFACE WATER PROTECTION SECTION August 19, 2008 Mr. George S. Schmitt Mark Laurel Homeowner's Association P.0 Box 375 Highlands, North Carolina 28741 SUBJECT: Compliance Evaluation Inspection Status: Compliant Mark Laurel WWTP Permit No: NCO061930 Macon County Dear Mr. Schmitt: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 14, 2008. The facility appeared to be in compliance with permit NC0061930. There are, however, several items which need attention: y • Work needs to be done on the return pipes in the clarifier. • Clarifier needs to be pumped. State electrical code requires that the outdoor power outlets be GFCI (Ground Fault Circuit Interrupter). There are three outlets on site which need replacement for the safety of the operator. The shed roof is in dire need of replacement. (The shed contains the composite sampler, records, chemicals and UV disinfection.) Large holes in the bottom walls of the shed are in need of immediate repair to prevent wildlife access into the shed for the safety of the operator. Trimming of the tree limbs above the facility would help reduce leaves/twigs from entering the plant and possibly clogging the lines. Please refer to the enclosed inspection report for additional observations and comments. Mr. Teague is doing a fine job of operating your facility. If you or your staff have any questions, please call me at 828-296-4500 ext.4667. Sincerely, anet Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Environmental Inc./ORC w/attachment G:\WPDATA\DEMWQ\Macon\61930 Mark Laurel\61930-CE1.08.doc NorthCarolina Naturafly 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 �. '�. �� �j �� �, United States Environmental Protection Agency Form Approved. C P n Washington,D.C.20460 OMB No.2040-0057 / i Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NC0061930 111 121 08/08/14 117 181 rI 19LGI 20I� I L—Remarks 1= -! 211111111111111111111111111111111111111111111111 .16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CA ---------------------------Reserved---------------------- 671 169 70Li 71 LI 721 N1 73 W 74 751 1 1 1 1 1 1 1 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:50 AM 08/08/14 07/10/01 Mark Laurel WWTP 215 N 4th St Exit Time/Date Permit Expiration Date Highlands NC 28741 12:40 PM 08/08/14 12/08/31 Name(s)of Onsite Representative(s)rritles(s)/Phone and Fax Number(s) Other Facility Data Mark Fredrick Teague/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted George S Schmitt,PO Box 375 Highlands NC 28741//828-526-2412/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement ■Operations&Maintenance ■Records/Reports Self-Monitoring Program ■Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ VArV�/ 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� NC0061930 11 12� 08/08/14 17 181_ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mark Teague/ORC assisted in the inspection of this facility. Ronnie Waller/ Mark Laurel Homeowners Association dropped by to discuss the collection system. The previous compliance evaluation inspection was conducted on 7/10/07. The Annual Performance Report has been filed for the year. Work needs to be done on the return pipes in the clarifier. Clarifier needs to be pumped. State electrical code requires that the power outlets be GFCI (Ground Fault Circuit Interrupter). There are three outlets on site which need replacement for the safety of the operator. The shed roof is in dire need of replacement. (The shed contains the composite sampler, records, chemicals and UV disinfection.) Large holes in the bottom walls of the shed are in need of immediate repair to prevent access of wildlife into the shed. Trimming of the tree limbs above the facility would help reduce leaves/twigs from entering the plant and possibly clogging the lines. Collection System inspection will be sent separately from the WWTP inspection. Page# 2 Permit: NCO061930 Owner-Facility: Mark Laurel WVVTP Inspection Date: 08/14/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ IN ❑ Is the facility as described in the permit? M ❑ Cl ❑ #Are there any special conditions for the permit? ❑ ® ❑ ❑ Is access to the plant site restricted to the general public? ® ® ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ® ❑ ❑ ❑ Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ® ❑ ❑ ❑ Is all required information readily available,complete and current? ■ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ Q ❑ Is the chain-of-custody complete? Cl ❑ ❑ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ® ❑ Is the ORC visitation log available and current? 0 ❑ Cl ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ Page# 3 Permit: NCO061930 Owner-Facility: Mark Laurel WWTP Inspection Date: 08/14/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ Cl ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: Metal housing for the flow meter has rusted through and needs replacement. The power outlet needs to be replaced with a GFCI which is required by State electrical code. Operator stated he is waiting on the manufacturer to calibrate the flow meter; last calibration was 7/07. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ❑ ■ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ■ ❑ ❑ Comment: DO was 6.7mg/I at 19.3 degrees C. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Page# 4 Permit: NCO061930 Owner-Facility: Mark Laurel wwTP Inspection Date: 08/14/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the drive unit operational? fl 0 ® Q Is the return rate acceptable(low turbulence)? ® n 0 L Is the overflow clear of excessive solids/pin floc? N 0 0 Cl Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) Q Q Comment: DO was 6.1 mg/I at 20.3 degrees C. Disinfection-UV Yes No NA NE Are extra UV bulbs available on site? ® n ❑ Q Are UV bulbs clean? 0 0 El Is UV intensity adequate? ® Q ❑ Q Is transmittance at or above designed level? N 0 ❑ n Is there a backup system on site? ® Q ® Q Is effluent clear and free of solids? N 0 00 Comment: Sample results have been within permit limits; however, panel lights are not working and need replacement and a couple of quartz crystal tubes are cracked and need replacement along with grommets and lock nuts. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? Q ■ ❑ Q Is sample collected below all treatment units? Cl Is proper volume collected? ■ Q Q Q Is the tubing clean? ❑ ■ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ 0 Q Is the facility sampling performed as required by the permit(frequency,sampling type representative)? N C1 Cl 0 Comment: Operator stated that sampler tubing is being replaced. Temperature was at 3 degrees C. Page# 5 ,......\ �\ i �.:.. �\ �� /_\ A T�9 Michael F.Easley,Governor William G.Ross Jr.,Secretary .2 1 1_ North Carolina Department of Environment and Natural Resources > .a © Coleen H.Sullins,Director Division of Water Quality August 19, 2008 Mr. Al Matthews Town of Canton Post Office Box 987 Subject: Collection System Inspection Permit Number WQCS00307 Town of Canton Haywood County Dear Mr. Matthews: Attached is the report resulting from the wastewater collection system inspection that conducted at the Town of Canton on August 19, 2008. 1 found the Town's collection system to be well operated and maintained. Current paper maps, while good, do not fully meet collection system permit requirements. Items missing from the current maps are pipe material, pipe age, and pump station capacities. When the opportunity presents, I encourage the Town to go in the direction of GPS based mapping. Electrical "quick connects" have been provided at some of the Town's sewage pumping - stations. Where the Town has not installed "quick connects" and you feel that you may want to drive the station with a generator during a power outage, I encourage you to install "quick connects". Our records do not indicate that the Town has designated the current Collection System ORC and Backup ORC. Please complete the enclosed ORC Designation form and submit same to the address indicated on the form. Please convey my appreciation to everyone involved in taking care of the Town's collection system. Do not hesitate to call me at 828-296-4659 should you have need to discuss matters relating to wastewater collection. Sincerely, Roy M. bavis Environmental Engineer Xc: Richard Hodge, Town of Canton, CSORC Steve Reid, Education & Training Specialist, (Without Attachment) G:\WPDATA\DEMWQ\Haywood\Canton Collection System\Inspection Cover Letter.08.doc NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Permit:WQCS00307 Owner-Facility:Town of Canton \ Inspection.Date: 08/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine \ Inspection Summary: The Town of Canton is doing a good job of operating and maintaining its wastewater collection system. The Town should provide"quick connects"at any pump station which might be driven by a portable generator. The Town could improve upon its collection system map by using a GPS to locate manholes. Page: 2 Permit:WQCS00307 Owner-Facility:Town of Canton Inspection Date: 08/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Handout in Town Hall. Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ■ ❑ ❑ ❑ Is Grease Trap Ordinance available? ■ ❑ ❑ ❑ Is Septic Tank Ordinance available(as applicable,i.e.annexation) ❑ ❑ ❑ ■ List enforcement actions by permittee, if any, in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ ❑ ❑ ❑ Does CIP address short term needs and long term Tmaster plan\"concepts? ■ ❑ ❑ ❑ Does CIP cover three to five year period? ® ❑ ❑ ❑ Does CIP include Goal Statement? ■ ❑ ❑ ❑ Does CIP include description of project area? ■ ❑ ❑ ❑ Does CIP include description of existing facilities? ■ ❑ ❑ ❑ Does CIP include known deficiencies? ■ ❑ ❑ ❑ Does CIP include forecasted future needs? ■ ❑ ❑ ❑ Is CIP designated only for wastewater collection and treatment? ■ ❑ ❑ ❑ Approximate capital improvement budget for collection system? $275,000.00 Total annual revenue for wastewater collection and treatment? $180,242.00 CIP Comments Revenue figure is for 2005-2006 Is system free of known points of bypass? ■ ❑ ❑ ❑ If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ ❑ ❑ #Does the sign include: Instructions for notification? ■ ❑ ❑ ❑ Pump station identifier? ■ ❑ ❑ ❑ 24-hour contact numbers ■ ❑ ❑ ❑ If no, list deficient pump stations None Page: 3 Permit:WQCS00307 Owner-Facility:Town of Canton Inspection Date: 08/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine \ #Do ALL pump stations have an"auto polling"feature/SCADA? ❑ ■ ❑ ❑ Number of pump stations 13 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 13 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? ❑ ■ ❑ ❑ #If yes,date implemented? Describe: Town does not practice chemical root control. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ ❑ ❑ Are records available that document pump station inspections? ■ ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ ❑ ■ ❑ Are records available that document citizen complaints? ■ ❑ ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ■ ❑ ❑ ❑ #Has there been an observation of remote areas in the last year? ■ ❑ ❑ Cl Are records available that document inspections of high-priority lines? ■ ❑ ❑ ❑ Has there been visual inspections of high-priority lines in last six months? ■ ❑ ❑ ❑ Comment: . Operation & Maintenance Requirements Yes No NA NE Are all log books available? i ❑ ❑ ❑ Does supervisor review all log books on a regular basis? ■ ❑ 0 Cl Does the supervisor have plans to address documented short-term problem areas? ❑ ❑ ■ ❑ What is the schedule for reviewing inspection,maintenance, &operations logs and problem areas? As needed. Are maintenance records for equipment available? ■ ❑ ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ■ ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? Generators-monthly J Page: 4 Permit:WQCS00307 Owner-Facility:Town of Canton Inspection Date: 08/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? ■ ❑ ❑ ❑ Inspecting and exercising all valves? ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? ■ ❑ ❑ ❑ Inspecting alarms,telemetry and auxiliary equipment? ❑ In In Is there at least one spare pump for each pump station w/o pump reliability? ❑ Cl ■ ❑ Are maintenance records for right-of-ways available? ❑ ■ ❑ ❑ Are right-of-ways currently accessible in the event of an emergency? ■ ❑ 0 ❑ Are system cleaning records available? ® ❑ ❑ ❑ Has at least 10%of system been cleaned annually? ■ Cl ❑ ❑ What areas are scheduled for cleaning in the next 12 months? 10% Is a Spill Response Action Plan available? ■ ❑ ❑ ❑ Does the plan include: 24-hour contact numbers ■ ❑ ❑ ❑ Response time ■ ❑ ❑ ❑ Equipment list and spare parts inventory ■ ❑ ❑ ❑ Access to cleaning equipment ■ ❑ ❑ ❑ Access to construction crews,contractors, and/or engineers ❑ ❑ n ❑ Source of emergency funds . ❑ ❑ ❑ ■ Site sanitation and cleanup materials ■ ❑ ❑ ❑ Post-overflow/spill assessment ■ ❑ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ■ Cl ❑ ❑ Is the spare parts inventory adequate? ■ ❑ ❑ ❑ Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ■ ❑ ❑ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ■ ❑ ❑ If yes, is there a corrective action plan? ❑ ❑ ■ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Page: 5 Permit:WQCS00307 Owner-Facility:Town of Canton Inspection Date: 08/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes ■ ❑ ❑ ❑ Pipe materials ❑ ■ ❑ ❑ Pipe location ■ ❑ ❑ ❑ Flow direction ■ ❑ ❑ In Approximate pipe age ❑ ■ ❑ Cl Number of service taps ■ ❑ ❑ ❑ Pump stations and capacity ❑ ■ ❑ ❑ If no,what percent is complete? 70 List any modifications and extensions that need to be added to the map Pipe material,pipe age, and pump station capacity. #Does the permittee have a copy of their permit? ■ ❑ ❑ Cl Comment: Good permit. Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ■ ❑ ❑ ❑ Are public notices and proof of publication available? ■ ❑ ❑ ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1 C? ■ ❑ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? ❑ ❑ ■ ❑ If no,which one(s)? Comment: # 15-James Street Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ ❑ ❑ ❑ Is it accessible in all weather conditions? ■ ❑ ❑ 0 #Is general housekeeping acceptable? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ■ ❑ ❑ ❑ Are wet wells free of excessive debris? ■ ❑ ❑ ❑ Are upstream manholes free of excessive debris/signs of overflow? ■ ❑ Cl ❑ Page: 6 Permit:WQCS00307 Owner-Facility:Town of Canton Inspection Date: 08/19/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are floats/controls for pumps/alarms operable? 0 n ❑ Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present? ® ❑ 0 n Is simple telemetry operational? ® 0 n Are audio and visual alarms present? ■ 0 0 0 Are audio and visual alarms operable? ■ 0 0 0 Is the Pump station inspected as required? ■ 0 0 C3 Are backflow devices in place? ■ 0 0 13 Are backflow devices operable? ■ 0 0 n Are air relief valves in place? 0 ❑ n ■ Are air relief valves operable? 0 0 n ■ # Is an emergency generator available? ■ 0 0 0 Can the emergency generator run the pumps? ■ 0 n 0 Is the pump station equipped for quick hook-up? ■ 0 ❑ n Is the generator operable? ■ 0 0 0 #Is fuel in tank and sufficient? ❑ 0 0 ■ Is the generator inspected according to their schedule? ■ 0 0 0 Is a 24-hour notification sign posted? ■ ❑ 0 0 Does it include: Instructions for notification? ■ 0 0 Pump station identifier? ■ 0 n Emergency phone number ■ 0 0 0 Is public access limited? ■ ❑ 0 Cl Is pump station free of overflow piping? ■ 0 0 0 Is the pump station free of signs of overflow? ■ ❑ 0 0 Are run times comparable for multiple pumps? NE Comment: Good station. Page: 7 '� �_.., r i Michael F.Easley,Governor >'QWilliam G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources P Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 20, 2008 Mr. Danny McIntosh, Mayor Town of Burnsville Post Office Box 97 Burnsville, North Carolina 28714 Subject: - Town of Burnsville Collection System Infiltration & Inflow Permit Number WQC300143 Yancey County Dear Mr. McIntosh: On August 1, 2008 1 had lunch in Burnsville. While eating lunch the Town experienced a hard rainfall lasting possible half an hour. Arriving at the Burnsville wastewater treatment plant a short while later we observed a dramatic increase in the volume of wastewater entering the plant. The plant, which has a design capacity of 0.8 million gallons per day, was receiving wastewater at a rate of 1.6 million gallons per day. The Town's wastewater collection system is obviously subject to significant stormwater inflow. On August 14, 2008 we found very high fecal coliform counts in samples drawn from Pine Swamp Branch. This prompted me to pull out the 2003 Infiltration & Inflow study done for the Town of Burnsville by McGill Associates. The study found the Burnsville collection system to be in a terrible condition: The problems ranged from easy to correct ones such as residential downspouts tied to the sanitary sewer to sewers needing replacement. Please inform us in writing which of the problems described in the 2003 report have been corrected. Please describe the Town's efforts to budget or secure funding for the eight capital projects described in the report. Removal of building downspouts from the sanitary system, elimination of cross connections with the storm drain system, and elimination of openings of the sanitary system to the ground surface are all within the capability of Town forces to correct. would hope to hear from you within thirty days from date of receipt of this letter. Sincerely, �- Roy M. Davis Environmental Engineer cc: Tom Storie, Town of Burnsville Jeff Menzel, ARO ne G:\WPDATA\DEMWQ\Yancey\Burnsville Collection System\I & I Letter.doc MD Carolina Nturally 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 �\ ,,� �'� �\ `� .. �- '�`�J � , Michael F.Easley,Governor William G.Ross Jr.,Secretary ✓G North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director Division of Water Quality `C Asheville Regional Office SURFACE WATER PROTECTION August 20, 2008 David E Marek Feldspar Corporation PO Box 99 Spruce Pine NC 28777 SUBJECT: Compliance Evaluation Inspection Spruce Pine facility Permit No: NC0000353 Mitchell County Dear Mr. Marek: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection conducted on August 7, 2008. Don Price and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NC0000353. Please note the comments regarding the influent pump and flume serving Plant 1. 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 contact me at 828-296-4500. Sincerel , Keith Hayne Environmental Senior Specialist Enclosure cc: Timothy W Calloway, ORC Central Files Asheville Files G:\WPDATA\DEMWQ\Mitchell\Feldspar 00353\CE108-07-08.doc NorthCarolina Natcaally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 ��\ �\ \� I�. �� �d,_ � United States Environmental Protection Agency Form Approved. c Washington,D.C.20460 OMB No.2040-0057 EPA Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NJ 2 15� 31 NC0000353 111 121 08/08/07 117 18LC 191 lJ .GI 201 I _! —t Remarks L 21I1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA ---------------------------Reserved---------------------- 67I (69 70I I 71 UI 72)N� 73' I W�74 751 I I I I I I 180 Section B: Facility Data t--+ 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) 09:55 AM 08/08/07 06/10/01 Spruce Pine facility 530 Altapass Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 11:45 AM 08/08/07 11/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Timothy W Calloway/// Timothy W Calloway/ORC/828-765-5974/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted David E Marek,PO Box 99 Spruce Pine NC 28777//828-765-5500/8287662110 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Flow Measurement Operations&Maintenance ■Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ �? ` q• Don Price Point Source Branch//828-296-4500/ (~/ ( [ �V Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ ` EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3� NC0000353 11 12� 08/08/07 17 181 LZJ _. Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see comments noted in each section of the report. Mr. Calloway is doing a good job of operating the WWTP, but management needs to support him with adequate funding for rountine maintenance/repairs. It should also be noted that further malfunctions at the Plant 1 "influent" pump could result in this Office recommending an enforcement action. f Page# 2 Permit: NC0000353 Owner-Facility: Spruce Pine facility Inspection Date: 08/07/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ Cl Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Plant maintenance is marginal as the operations are due to be shut down soon. The WWTP should not be neglected by management, i.e., rusting steps, railing and grates around the facility should be properly maintained. There was a leaking sand room recycle pump, (near the 55 clarifier)which should be repaired as the leak was going down the bank toward the river. Also noted was a leak on the influent flume from plant one. This leak had entered the river and had caused a small area of solids build-up in the river. This leak needs to be repaired immediately and the solids removed from the river as was discussed during the inspection. Also of concern is the continual issues with the pump for plant 1. Apparently the pump motor is a constant speed motor and should be replaced with a variable speed to better facilitate lower discharge rates from Plant 1. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ❑ Cl ■ ❑ Is the site free of excessive floating sludge? ❑ ■ ❑ ❑ Is the drive unit operational? ■ ❑ ❑ Is the return rate acceptable(low turbulence)? ❑ ❑ ■ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ❑ ❑ ❑ ■ Page# 3 Permit: NC0000353 Owner-Facility: Spruce Pine facility \ Inspection Date: 08/07/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Comment: There was an unusual amount of scum on the surface of two of the three operating clarifiers. The ECAT appeared to be in good operating condition. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ Q n Q Is flow meter calibrated annually? ■ ❑ 00 Is the flow meter operational? ■ 0 ❑ Q (If units are separated) Does the chart recorder match the flow meter? 00 ■ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 Q ■ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ Q If effluent (diffuser pipes are required) are they operating properly? ❑ Q ■ Q Comment: A slight plume of what appeared to be bubbles was noted within 50 feet of the discharge. No problems noted after the plume. Page# 4 J� 1N ATFR Michael F.Easley,Governor `` QG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources l Coleen H.Sullins,Director Division of Water Quality August 21, 2008 Mr. Terry E. Allen, P.E. T.E. Allen Engineering, P.E. Post Office Box 103 Rosman, North Carolina 28772 Subject: Fast-Track Application Return Summit Charter School Foundation, Inc. Summit Charter School Jackson County Dear Mr. Allen: Attached herewith is the Fast-Track Sewer Application submitted by the Summit Charter School Foundation, Inc. seeking permission to construct a sewer line to serve the Summit Charter School. It has been determined that jurisdiction over the sewer line in question lies with the Jackson County Health Department. Please do not hesitate to call me at 828/296-4659 should you wish to discuss this matter. Sincerely, Roy M. Davis Environmental Engineer cc: Tanya Howell, Jackson County Health Department G:\WPDATA\DEMWQ\Jackson\Application Return-Summit Charter School.08.doc NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality "t Asheville Regional Office SURFACE WATER PROTECTION August 21, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 8039 Richard D. Bullman 1104 Ferdinand Street Coral Gables, FL 33134 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 8046 Edward R. Mack, Jr. 2261 Trescott Drive Tallahassee, FL 32308 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 8053 Guyte P. McCord, Jr. 503 Vinnedge Ridge Tallahassee, FL 32303 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-SS-0030 Stream Standard Violation- Other Waste (In-stream sediment) Macon County Dear Messrs. Bullman, Mack and McCord: On August 19, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection along an unnamed tributary to Edwards Creek below the McCord Dam in Macon County. Sediment impacts to the unnamed tributary of Edwards Creek, classified as Trout/Outstanding Resource waters, were documented during the site visit, constituting stream standards violations. Approximately 200 feet of stream have sediment deposits ranging from 6— 17 inches as a result of the dam failure and pond drainage. NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www,.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Messrs. Bullman, Mack and McCord Page 2 of"-, August 21, 2008 VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 200 feet of an unnamed tributary to Edwards Creek, classified as Trout/Outstanding Resource waters was impacted by sediment deposition ranging from 6— 17 inches in pockets within the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both to the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: I. Stream Standard -Other Waste (In-Stream Sediment) a. Please submit a Sediment Removal Plan to this office for review and approval. The Plan must address removal of the accumulated sediment from the unnamed tributary to Edwards Creek. The Division of Water Quality must approve the Plan prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during Plan development. The Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. b. Once the Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. Please note: The current sediment deposition related to the dam failure and subsequent drainage was _ intermittent and limited to the stream reach above the confluence of Edwards Creek. However, without rapid stabilization of the pond bottom and/or sufficient erosion control measures, more deleterious loss of silt and sediment is likely, which could lead to additional, more complicated and costly restoration efforts. ,,,'Mack and McCord Page 3 of 3 .,08 .,ank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Chuck Cranford or myself at(828) 296-4500. Sincerely, U Roger C. Edwards Regional Supervisor Surface Water Protection Section Enclosures cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources Town of Highlands—Josh Ward G:\WPDATA\DEMWQ\Macon\Complaints\McCordPond 1�A Michael F.Easley,Governor Q(i William G.Ross Jr.,Secretary 7 North Carolina Department of Environment and Natural Resources DUG p ,C Coleen H.Sullins,Director Division of Water Quality August 21, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8060 Douglas David and Rhonda Kay Wester 37 Bogey Court Canton, NC 28716 Subject: Unnamed Tributary to Hominy Creek Haywood County Dear Mr. and Mrs. Wester: It has come to the attention of this Office that you have placed a structure in an unnamed tributary to Hominy Creek for the purpose of withdrawing water. This process is drying up the unnamed tributary downstream of the withdrawal activity. The drought conditions are stressing water resources all across western North Carolina. The drying up of the Unnamed Tributary can constitute a Removal of Best Useage under Title 15A North Carolina Administrative Code 2B .0211 (2). No more than half of the streams flow should be removed at any time. Additionally, any fill (earthen fill, culverts, etc) can constitute a Removal of Best Useage under Title 15A North Carolina Administrative Code 2B .0211 (2). The intake structure may be considered a fill. Placing temporary or permanent fill in a stream requires a Clean Water Act (Section 404) permit from the US Army Corps of Engineers and a Clean Water Act (Section 401) Water Quality Certification from the Division of Water Quality. The US Army Corps of Engineers can be reached at 828-271-7980. NorthCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Haywood\401 s\Wester.Flow.Notice.UttoHominy.Canton.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Douglas David and Rhonda Kay Wester Notice of Unauthorized Activity�� Page 2. Your prompt attention to this matter is greatly appreciated in this situation. Should you have any questions regarding the withdrawal of flow from this stream, please do not hesitate to contact Kevin Barnett at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Division of Water Quality Surface Water Protection Section Attachment: Pre-Construction Notice cc: ARO Files John Hennessey, DWQ - NPS Compliance and Assistance Unit Haywood County Sediment and Erosion Control Office. Tom Walker, US Army Corps of Engineers David McHenry, Wildlife Resources Commission Central Files i Wester.Flow.Notice.UttoHominy.Canton rt)�R Michael F.Easley,Governor aG William G.Ross Jr.,Secretary r7 North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director a Division of Water Quality August 22, 2008 Mr. Tom Hogg Interim Town Manager Town of Spindale Post Office Box 186 Spindale, North Carolina 28160 Subject: Oak Street Pump Station Force.Main Town of Spindale Permit Number WQ0032292 Rutherford County Dear Mr. Hogg: I was requested to look at the point of termination of the new Oak Street Wastewater Pumping Station force main. The new force main was originally intended to tie back into the existing 14-inch diameter ductile iron force main just north of the old Southern Railway tracks using a fitting. It was subsequently determined that the old force main did not have sufficient structural integrity remaining to withstand the stresses associated with making the proposed mechanical connection. It is now proposed to set a new manhole and tie the new force main into the old force main at that manhole. Making the connection at a man hole may have the additional benefits of reducing hydraulic pressure on the deteriorated portion of the ductile iron force main and offering the opportunity to ventilate the line thereby possibly reducing the rate of hydrogen sulfide erosion. I concur with that proposal. The setting of a manhole will turn the last 3,000 feet of the old force main into a gravity line. I therefore recommend that the Town of Spindale set additional manholes along the remainder of the line to allow access for cleaning or responding to blockages. The spacing of those additional manholes should be determined by the capability of the equipment owned by the Town to clean sewers. Sincerely; A Na) Roy M. avis Environmental Engineer Xc: Davis Arrowood, Town of Spindale Clay Helms, Summit Engineering Group, Inc. G:\WPDATA\DEMWQ\RUtherford\Spindale Collection System\Oak Street PS Force Main.08.doc one NorthCarolina lvatura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 22, 2008 Keith E Hoilman Town of Newland PO Box 429 Newland NC 28657 SUBJECT: Compliance Evaluation Inspection Newland WWTP Permit No: NCO021857 Avery County Dear Mr. Hoilman: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted on August 7, 2008. Don Price and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NCO021857 with the exception of the noted issue with the composite sampler. This matter should be addressed as quickly as possible. It is requested that a letter be submitted to this Office once the work on the sampler is complete, so a follow-up inspection can be conducted. 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 contact me at 828-296-4500. Sincer y, Keith Hayn Environmental Senior Specialist Enclosure cc: Larry E Townsend, ORC Central Files Asheville Files NonrthCarolina G:\WPDATA\DEMWQ\Avery\21857 NewlandTE1080708.doc Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 �:�_ ��� /��� /�� Imo, __. United States Environmental Protection Agency Form Approved. EPA n Washington,D.C.20460 OMB No.2040-0057 Gf' 1 Water Compliance Inspection ReiDort Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 2 15I 3I N00021857 111 _121 08/08/07 117 18I rl L_ 191 cI 201 I L1 Remarks lJ 21I11111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -------------—------------Reserved---------------------- 67 I 169 70 U 71 U 721 j 73I I 174 751 I I I I I I 180 Section B: Facility Data —� W Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:00 PM 08/08/07 06/04/01 Newland WWTP Cow Camp Rd Exit Time/Date Permit Expiration Date Newland NC 28657 03:00 PM 08/08/07 11/02/28 .Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Larry E Townsend//828-898-9212 / Larry E Townsend/ORC/704-898-9212/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted -o Keith E Hoilman,PO Box 429 Newland NC 28657//828-733-2023/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance N Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ 0+ Don Price Point Source Branch//828-296-4500/ Signature of Management QQpA�yReviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards' W ARO WQ//828-296-4500/ V EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1� 3� NCO021857 11 121 08/08/07 17 18U Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The new WWTP is in excellent condition.. The issue with the composite sampler needs to be remedied as soon as possible as the current method of sampling is in violation of the NPDES permit requirements. Page# 2 Permit: NCO021857 Owner-Facility: Newland WWTP Inspection Date: 08/07/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ❑ ■ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ® ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: The new WWTP has been completed according to A to C issued July 17, 2006. Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids,pH,DO,Sludge ■ ❑ ❑ ❑ Judge,and other that are applicable? Comment: Oxidation Ditches Yes No NA NE Are the aerators operational? ■ ❑ ❑ ❑ Are the aerators free of excessive solids build up? ■ ❑ ❑ ❑ #Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ ■ Are settleometer results acceptable(>30 minutes)? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Are settelometer results acceptable?(400 to 800 ml/i in 30 minutes) ■ Q ❑ ❑ Comment: Only one of the two ditches is currently in use. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑ Are weirs level? 11■ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑. ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ■ ❑ ❑ ❑ Page# 3 Permit: NCO021857 Owner-Facility: Newland WWTP `. Inspection Date: 08/07/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ Q Q Q Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ❑ ❑ ❑ ■ Comment: Only one of the two clarifers is currently in use. Disinfection-UV Yes No NA NE Are extra UV bulbs available on site? ■ ❑ ❑ Q Are UV bulbs clean? ■ Q Q Q Is UV intensity adequate? ■ ❑ ❑ ❑ Is transmittance at or above designed level? ■ Q Q Q Is there a backup system on site? Q ■ Q ❑ Is effluent clear and free of solids? ■ ❑ Q Q Comment: No back-up disinfection. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? Q ■ ❑ Q /— Is sample collected below all treatment units? ■ ❑ Q Q Is proper volume collected? ❑ ■ ❑ ❑ Is the tubing clean? ■ ❑ Q ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? Q ■ ❑ ❑ Is the facility sampling performed as required by the permit(frequency,samplirg type representative)? ❑ ■ ❑ ❑ Comment: The new composite sampler was not.connected to the flow meter. Also, it appeared that sampler was not being used according to permit requirements. The permit requires flow proportional sampling at the effluent three times per week. Page# 4 Michael F.Easley,Governor 1Q William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality o < Asheville Regional Office SURFACE WATER PROTECTION SECTION August 22, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8077 Mr. James Kunevicius Coastal Ventures Group ll, LLC 127 N. Tryon Street; Suite 602 Charlotte, NC 28202 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO080098 Coastal Ventures Group ll, LLC Linville Falls Club WWTP Case No. LV-2008-0314 McDowell County Dear Mr. Kunevicius This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $770.00 ($700.00 civil penalty + $70.00 enforcement costs) against Coastal Ventures Group II LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Coastal Ventures Group II LLC for the month of November 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0080098. The violations which occurred in November 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Coastal Ventures Group II LLC violated the terms, conditions or requirements of NPDES Permit NCO080098 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143- 215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Coastal Ventures Group II LLC: NO�ne carollna �tura!!y North Carolina Division of Water Quality 2090 US Highway 70;Swannanoa, NC 28778 Phone(828)296-4500 Customer Service 1-800 623-7748 Internet:www.ncwaterguality.org FAX (828)299-7043 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Perrmt, 200.00 NC0080098, by discharging waste water into the waters of the State'--..,-,, violation of the Permit Daily Maximum limit for TOTAL SUSPENDED SOLIDS. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 250.00 NC0080098, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for AMMONIA NITROGEN. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 250.00 NC0080098, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TOTAL SUSPENDED SOLIDS. 700.00 TOTAL CIVIL PENALTY $70.00 Enforcement Costs $770.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors >iow as they may relate to the reasonableness of the amount of the civil penalty .jsed. Requesting remission is not the proper procedure for contesting whether the .J(ation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil .,Penalty Remissions (Committee). Please be advised that the Committee cannot consider ,'information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North.Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in ,the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)b. days following the faxed transmission. The mailing address for the Office of Administr,, Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact me or Wanda Frazier of the Water Quality staff of the Asheville Regional Office at (828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Bob Guerra, Compliance / Enforcement w/ attachments Central Files w/ attachments G JUSTIFICATION FOR REMISSION REQUEST )WQ Case Number: LV-2008-0314 County: McDowell Assessed Party: Coastal Ventures Group ll, LLC Permit No.: NC0080098 Amount Assessed: $770.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors r are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN AND NATURAL RESOURCES COUNTY OF MCDOWELL \ IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS COASTAL VENTURES GROUP II, LLC ) PERMIT NO. N00080098 ) FILE NO. LV-2008-0314 Having been assessed civil penalties totaling $770.00 for violation(s) as set forth in the assessment document of the Division of Water-Quality dated August 22, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE a. W Lb z rn E E o m > > m y F m E E u, o % a s z 0 w w wi M W o O J vNi a c°o e 0 w rQ-w a JQ a0 > Q U — F —y 'g U) n 0 0 0 w LL K O=to m m m O z Z¢ E E E E O 2 U U J J � — M Q C } {- co z G w w N O 3 3 3 \ r a J UW U Y � w Q y m o 0 0 o Q ' F~ M N N M 5 z O 0 R vwi a U U .a . 0 U c 0 U z z d IL z m w w m Z 0 U p w w w w Q J LL J AIL 0 0 0 0 O o> o z� 00 aK o 0 0 0 O C �a N N N N w- Z A oK F O 0 0 0 0 IL •�" z N 0 O N J n. Q� 69, %h`9 Michael F.Easley,Govemor William G.Ross Jr.,Secretary Uap North Carolina Department of Environment and Natural Resources —i Coleen H.Sullins,Director Division of Water Quality August 22, 2008 Mr. Kenneth L. Westmoreland, County Manager Jackson County 401 Grindstaff Cove Road Sylva, NC 28779 Subject: Stormwater Permit No. SW10807021 Jackson County Recreation Center Sitework Improvements High Density Permit Jackson County Dear Mr. Westmoreland: The Asheville Regional Office received a complete Stormwater Management Permit Application for Jackson County Recreation Center Sitework Improvements on July 23, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW10807021 dated August 22, 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until August 22, 2018 and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. 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 sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Starr Silvis or me at(828) 296-4500. Sincerely, Roger Xdwards, Supervisor Asheville Regional Office Surface Water Protection Section cc: Mr. Victor Lofquist, 11 Citrus Drive, Sylva, NC 28779 ARO Central Files Robbie Shelton, Jackson County Erosion Control NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 GAWPDATA\DEMWQ\Jackson\State Stormwater Management\Cashiers Rec Center\Cover Letter.doc An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper State Stormwater Management Systems Permit No. SW1080702 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT 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 Jackson County Jackson County Recreation Center Sitework Improvements 249 Frank Allen Road, Cashiers, Jackson County FOR THE construction, operation and maintenance of 2 bioretention basin(s) in compliance with the provisions of 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 and considered a part of this permit. This permit shall be effective from the date of issuance until August 22, 2018, 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 system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 117,692 and 2,312 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area as indicated in Section 1.6 of this permit, and per the application documents and the approved plans. The built-upon area for the future development is limited to 0 square feet. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 1 of 7 State Stormwater Management'b,, Permit No. SW1086, 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 6. The following design criteria have been provided in the bioretention basin # 1 and must be maintained at design condition: a. Drainage Area, acres: 5.56 Onsite, ft : 5.56 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 117,692 Onsite, ft : 117,692 Offsite, ft2: 0 C. Design Storm, inches: 1 d. Max. Ponded Depth, feet: 9 e. TSS removal efficiency: 85% f. Seasonal High Water Table, fmsl: 3490 g. Media Depth, feet: 3 h. Basin Dimensions, feet: 60 x 230 i. Bottom Elevation, fmsl: 3494 j. Permitted Storage Volume, ft3: 9,833 k. Temporary Storage Elevation, fmsl: 3498.75 I. Drawdown Time, hours: 21 M. Underdrain? yes n. Total number of plants provided: 130 o. Receiving Stream/River Basin: Chattooga River/ Cashiers Lake P. Stream Index Number: 3 q. Classification of Water Body: B, Tr, ORW 7. The following design criteria have been provided in the bioretention basin # 2 and must be maintained at design condition: a. Drainage Area, acres: 0.20 Onsite, ft : 0.20 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 2,312 Onsite, ft : 2,312 Offsite, ft2: 0 C. Design Storm, inches: 1 d. Max. Ponded Depth, feet: 9 e. TSS removal efficiency: 85% f. Seasonal High Water Table, fmsl: 3490 g. Media Depth, feet: 3 h. Basin Dimensions, feet: 12 x 25 i. Bottom Elevation, fmsl: 3494 j. Permitted Storage Volume, ft3: 211 k. Temporary Storage Elevation, fmsl: 3498.75 I. Drawdown Time, hours: 21 M. Underdrain? yes n. Total number of plants provided: 11 o. Receiving Stream/River Basin: Chattooga River/ Cashiers Lake p. Stream Index Number: 3 q. Classification of Water Body: B, Tr, ORW Page 2 of 7 State Stormwater Management Systems Permit No. SW1080702 II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all time 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 and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ.. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and 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 via appropriate recorded easements 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. Page 3 of 7 State Stormwater Management�S;� Permit No. SW108u:. 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 or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. 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. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form signed by both parties, to the Division of Water Quality, accompanied by the appropriate documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. 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 management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. 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. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. Page 4 of 7 State Stormwater Management Systems Permit No. SW1080702 9. 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. Permit issued this the 22 day of August, 2008. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION t for Co en . ullins, Director Divisi of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 State Stormwater Management Sy, Permit No. SW1080,. Jackson County Recreation Center Sitework Improvements \ Stormwater Permit No. SW1080702 Jackson 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, (Project Name) 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 included in the Certification. Noted deviations from approved plans and specification: ,J SEAL Signature Registration Number Date Page 6 of 7 State Stormwater Management Systems Permit No. SW1080702 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, per the vegetation plan. 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, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office Robbie Shelton, Jackson County Building Inspections Page 7 of 7 Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 26, 2008 Steve Vermillion HMVHN-3 VHM, LLC 1600 Camden Rd Charlotte,NC 28203 Jim Waddell Taylor and Murphy Construction Co. 1121 Brevard Rd. Asheville NC 28816 SUBJECT: Notice of Violation Response-Sediment Removal/Restoration Plan Approval Notice of Violation Response-More Information Requested North Ridge Commons DWQ Tracking Number: NCR000781 Reference: NOV-2008-PC-0527 Buncombe County Dear Sirs: A Notice of Violation (NOV), referenced above, was issued on July 22, 2008 for North Ridge Commons along HWY 25/70 and I-26 in Buncombe County. Clear Water Environmental Consultants provided a Response/Restoration Plan for this NOV to the Division of Water Quality on August 18, 2008. The NOV requested sediment removal and stream restoration,specifically Required Response Ila. The response and sediment removal plan submitted is incomplete and needs clarification regarding Unnamed Tributary to Gill Branch#2 as listed in Figure 3 of response. Please supply more information prior to work on Unnamed Tributary to Gill Branch#2. Listed in Figure 3 of response submittal are both Tributaries numbered for identification. Unnamed Tributary to Gill Branch#1 is the Northern tributary. This tributary (#1) is the channel needing sediment removal, channel and streambank restoration, along with riprap and relic culvert removal. Please note response on page 2 of 7 Item 1. states "DWQ instructed CEC to submit plans for Stream #2", which is incorrect. Properly stated on Page 6 of 7, II.a. the Restoration Plan for Unnamed Tributary to Gill Branch#1 is approved. A monitoring plan for success on the restored stream channel needs to be developed and implemented. Activities involved in this approved plan, as well as submittal of the final report, including monitoring plan, are to be completed within thirty (30) days of this approval letter. More information is requested for Unnamed Tributary to Gill Branch#2,the Southern tributary listed in Figure 3. Page 4 of 7 Stream Standard Violation II. refers to 350 feet of impacts to Unnamed Tributaries to Gill Branch. The 350 feet was discussed on the phone with Consultant No"rthCarolina Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 877-623-6748 G:IWPDATAIDEMWQ1Buncombe\Stormwater Construction NCG011NoahRidge-WalmartNCR0007811RestorationlAPPROVE-moreinfo.doc North Ridge Commons Page 2 8/26/08 and onsite with Taylor and Murphy representative as being the area specifically under the arched \ culverts on Tributary#2 in the vicinity of the erosion control failure. On Page 5 of 7 is the \ responded action for this violation that needs amendment. The responded action refers to Unnamed Tributary to Gill Branch#1. Finally, on Page 5 of 7 Required Response I.b.and c. heavy rainfall is mentioned with regard to failed erosion control measures. Please understand that a 2.5 inch rainfall event within 24 hours does not constitute a 10 or a 25 year storm event. North Ridge Commons Erosion Control Plan is designed for a 25 year storm event. Any violations during event less than this are enforceable. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Section cc: ARO File Copy DWQ Central Files Buncombe County Erosion Control Clear Water Environmental Consultants F9 Michael F.Easley,Governor QG William G.Ross Jr.,Secretary =i North Carolina Department of Environment and Natural Resources ,f Coleen H.Sullins,Director Division of Water Quality August 26, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 8084 Mr. Rusty Pulliam Sizemore Developers, LLC Racquet Club Partners, LLC Turtle Creek Partners, LLC Crowfields Partners, LLC 2 Walden Ridge Drive, Suite 70 Asheville, North Carolina 28803 Subject: Follow-up to Notice of Violation and Recommendation for Enforcement NOV-2008-SS-0023 Buncombe County Dear Mr. Pulliam: The Division of Water Quality (DWQ) has received your written correspondence dated August 4, 2008, regarding the Notice of Violation and Recommendation for Enforcement NOV-2008-SS-0023 dated June 17, 2008. DWQ has reviewed the information provided and conducted a follow-up site visit on July 14, 2008. The written response has satisfactorily resolved the violations noted in the Notice of Violation and Recommendation for Enforcement dated August 4, 2008. This letter in no way precludes this Office for taking action on this or any other violation. Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett or myself at (828) 296- 4500. Sincerely, Roger C. -dwards Surface Water Protection Section Regional Supervisor cc: US Army Corp of Engineers Asheville Regional Office File Copy NPS Assistance and Compliance Oversight Unit DWQ Central Files e NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.,ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Buncombe\401 s\Weirbridge.NOV2008SS0023.Resorution.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper \� \� �\ (\�_� �✓.�� i,\_�� RMichael F.Easley,Governor pG William G.Ross Jr.,Secretary 7 North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director Division of Water Quality August 26,2008 DWQ Project# 07-0525v2 Avery County Pepper Rodgers 172 Cherry Brook Lane Boone,NC 28607 Subject Property: Indian Saddle(Secret Springs) UT Martins Creek-FrB Basin Approval of 401 Water Quality Certification Dear Mr. Rodgers: You have our approval, in accordance with the attached conditions,to place fill within or otherwise impact 144 feet of streams for the purpose of road crossings at the subject property, as described within your application dated February 28,2007 and received by the N.C. Division of Water Quality (DWQ)on July 7, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s)29 when issued by the US Army Corps of Engineers (USACE). In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non-discharge, and 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 you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification. 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 40 (feet) I Stream 60 (feet) 2 Stream 44 (feet) 3 NOne orthCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Avery\401 s\secretspgs-indiansaddle07-0525,doc An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Peh;� P� Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director Enclosures: GC 3705 Certificate of Completion cc: USACE Asheville Regulatory Field Office Avery County Planning File,Copy Central Files Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources p Coleen H.Sullins,Director Division of Water Quality August 27, 2008 Mr. Randy Cunningham, Chairman Junaluska Sanitary District Post Office Box 35 Lake Junaluska, North Carolina 28745 Subject: Compliance Evaluation Inspection Junaluska Sanitary District Permit Application WQCS00182( Draft) Wastewater Collection System Haywood County Dear Mr. Cunningham: Attached is the report resulting from my August 26, 2008 inspection of the wastewater collection system operation and maintenance program being conducted by the Junaluska Sanitary District. I found the system to be well operated and maintained. My comments, which follow, relate primarily to documentation and record keeping. As soon at the District's Collection System Permit is issued and the system classified, the District will be required to designate a Collection System Operator in Responsible Charge and a Backup Operator in Responsible Charge. The form necessary for that purpose is attached. I was informed that the District has acquired a good GPS unit. The District need to locate all system manholes and allow Haywood County to accurately show those manholes on the District's collection system map. Ted Underwood's imminent retirement makes this even more important. Ted will carry a wealth of knowledge away with him which, in many cases, can best be captured on a modern map. The District's Collection System permit will require that the District have a system map which shows pipe size, material, flow direction, pipe age, taps, and pump stations and their capacities. The District's Capital Improvements Plan (CIP) needs modification by the addition of a description of the service area, description of the existing collection system,known deficiencies, and forecasted future needs. The District is not submitting annual reports in accordance with the requirements of North Carolina General Statute 143-215.1 C. The Richland Creek pump station needs to be inspected daily until such time that it is equipped with telemetry. one NorthCarolina �aA(ra!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterqualiV.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper The District's Spill Response Action Plan needs to be updated. The City of Brevard's Spill-,, Response Action Plan, which has been sent to the District's administrative office electronically, would be a good model. I encourage you or the staff of the Junaluska Sanitary District to call me at 828-296-4659 \ should I be able to advise in any way regarding these requirements. Sincerely, Roy M. Davis Environmental Engineer Xc: Charlie Wright, CSORC, Junaluska Sanitary District �1 PERCS Unit Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Haywood\Junaluska Sanitary District Collection System\Inspection Cover Letter.08.doc Compliance Inspection Report Permit: WQCS00182 Effective: Expiration: Owner: Junaluska Sanitary District SOC: Effective: Expiration: Facility: Junaluska Collection System County: Haywood PO Box 35 Region: Asheville Lake Junaluska NC 287450035 Contact Person: Bruce Briggs Title: Phone:828-452-1178 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 08/26/2008 Entry Time: 08:45 AM Exit Time: 10:30 AM Primary Inspector: Roy M Davis Phone. 828-296-4500 Secondary Inspector(s): Ext.4659 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting .Inspections Reqmts (See attachment summary) Page: 1 Permit:WQCS00182 Owner-Facility: Junaluska Sanitary District Inspection Date: 08/26/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine \ Inspection Summary: The Junaluska Sanitary District will need to desigante a Collection System Operator in Responsible Charge and a Backup Operator in Responsible Charge as soon as a collection system Permit is issued and the system classified. All collection system man holes need to be GPS located. Richland Creek Pump Station needs to be inspected daily until such time that it is equipped with telemetry. CIP needs to be modified by addition of description of project area, description fo existing facilities, discussion of known deficiencies, and forecasted future needs. Spill Response Action Plan needs to be updated. The City of Brevard Spill Response Action Plan would be a good model for the District to use. Annual Report is not being submitted. Page: 2 Permit:WQCS00182 Owner-Facility:Junaluska Sanitary District Inspection Date: 08/26/2008 Inspection Type:Compliance Evaluation Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ■ ❑ ❑ ❑ Is Grease Trap Ordinance available? ■ ❑ ❑ ❑ Is Septic Tank Ordinance available(as applicable, i.e. annexation) ❑ ❑ ❑ ■ List enforcement actions by permittee,if any,in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ ❑ ❑ ❑ Does CIP address short term needs and long term\"master plan\"concepts? ■ ❑ ❑ ❑ Does CIP cover three to five year period? ■ ❑ ❑ ❑ Does CIP include Goal Statement? ■ ❑ ❑ ❑ Does CIP include description of project area? ❑ ■ Cl ❑ Does CIP include description of existing facilities? n ■ ❑ ❑ Does CIP include known deficiencies? ❑ ■ ❑ n Does CIP include forecasted future needs? ❑ ■ ❑ ❑ Is CIP designated only for wastewater collection and treatment? ❑ ■ ❑ ❑ Approximate capital improvement budget for collection system? $701,000.00 Total annual revenue for wastewater collection and treatment? $.00 CIP Comments CIP project is Rogers Cove sewer. Is system free of known points of bypass? ■ ❑ ❑ ❑ If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ ❑ ❑ #Does the sign include: Instructions for notification? ■ n ❑ n Pump station identifier? ■ ❑ ❑ ❑ 24-hour contact numbers ■ ❑ ❑ ❑ If no, list deficient pump stations i None Page: 3 Permit:WQCS00182 Owner-Facility: Junaluska Sanitary District Inspection Date: 08/26/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine \ #Do ALL pump stations have an"auto polling"feature/SCADA? ❑ ■ ❑ ❑ Number of pump stations 3 Number of pump stations that have SCADA 0 Number of pump stations that have simple,telemetry 1 Number of pump stations that have only audible and visual alarms 2 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ❑ ■ ❑ ❑ #If yes,date implemented? Describe: NA Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ ❑ ❑ Are records available that document pump station inspections? ■ ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ ■ ❑ ❑ Are records available that document citizen complaints? ■ ❑ ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ■ ❑ ❑ ❑ #Has there been an observation of remote areas in the last year? ■ ❑ ❑ ❑ Are records available that document inspections of high-priority lines? ■ ❑ ❑ ❑ Has there been visual inspections of high-priority lines in last six months? ■ ❑ ❑ ❑ Comment: Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ ❑ ❑ Does supervisor review all log books on a regular basis? ■ ❑ ❑ ❑ Does the supervisor have plans to address documented short-term problem areas? Cl ❑ ■ ❑ What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? As needed Are maintenance records for equipment available? ■ ❑ ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ■ ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? Weekly(generator) l Page: 4 Permit:WQCS00182 Owner-Facility: Junaluska Sanitary District Inspection Date: 08/26/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? ■ ❑ ❑ ❑ Inspecting and exercising all valves? ■ ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? ■ ❑ ❑ ❑ Inspecting alarms, telemetry and auxiliary equipment? ■ ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? ❑ ❑ ■ ❑ Are maintenance records for right-of-ways available? ❑ ■ ❑ ❑ Are right-of-ways currently accessible in the event of an emergency? ■ ❑ ❑ ❑ Are system cleaning records available? ■ ❑ ❑ 0 Has at least 10%of system been cleaned annually? ■ ❑ ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? ■ Cl ❑ ❑ Does the plan include: 24-hour contact numbers ■ ❑ ❑ ❑ Response time ■ ❑ ❑ ❑ Equipment list and spare parts inventory ■ ❑ ❑ ❑ Access to cleaning equipment ■ ❑ ❑ ❑ Access to construction crews, contractors, and/or engineers ■ ❑ ❑ ❑ Source of emergency funds ❑ ❑ ❑ ■ Site sanitation and cleanup materials ■ ❑ ❑ ❑ Post-overflow/spill assessment ■ ❑ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ■ ❑ ❑ ❑ Is the spare parts inventory adequate? ■ ❑ ❑ ❑ Comment: Spill Response Action Plan needs upgrading. Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ❑ ❑ ■ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ■ ❑ ❑ If yes, is there a corrective action plan? ❑ ❑ ■ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Page: 5 Permit:WQCS00182 Owner-Facility:Junaluska Sanitary District Inspection Date: 08/26/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes ■ ❑ ❑ ❑ Pipe materials ■ ❑ ❑ ❑ Pipe location ■ ❑ ❑ ❑ Flow direction ❑ ■ ❑ ❑ Approximate pipe age ■ ❑ ❑ ❑ Number of service taps ■ ❑ ❑ ❑ Pump stations and capacity ❑ ■ ❑ Cl If no,what percent is complete? List any modifications and extensions that need to be added to the map System manholes need to be located by GPS. Map needs flow direction arrows, and pump station capacities. #Does the permittee have a copy of their permit? Cl ❑ ■ ❑ Comment: Permit not yet issued. Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ❑ ❑ ■ ❑ Are public notices and proof of publication available? ❑ ❑ ■ ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1C? ❑ ■ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? ❑ ❑ ■ ❑ If no,which one(s)? Permit not yet issued. Comment: Page: 6 Michael F.Easley,Governor William G.Ross Jr.,Secretary v North Carolina Department of Environment and Natural Resources ..'Oa-. �a� 7 Coleen H.Sullins,Director ► r— Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION August 28, 2008 Mr. Martin J. Lashua Carolina Water Service Inc. Of N.C. 5701 W. Park Drive, Suite 1 Charlotte, North Carolina 28210 SUBJECT: Compliance Evaluation Inspection Status: Compliant Fairfield Sapphire Valley WWTP Permit No: NCO022985 Jackson County Dear Mr. Lashua: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 26, 2008. The facility appeared to be in compliance with permit NC0022985. Mr. McFalls and Mr. McNeely are doing a fine job of operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, net Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Edwin L. McFalls/ ORC w/ attachment G:\WPDATA\DEMWQ\Jackson\22985 CWS Fairfield\22985-CE1.08.doc NorthCarolina Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 �� �\\ %,-....� �2�_ �, �\ `/ United States Environmental Protection Agency Form Approved. EPA C Washington,D.C..20460 OMB No.2040-0057 Gf Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I 11 12I 08/08/26 117 18J 191.GI 20 __jI Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67I 169 70IU 711 I 72I NI 73w 74 75I I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:55 AM 08/08/26 07/11/01 Fairfield Sapphire Valley WWTP 4000 US Hwy 64 W Exit Time/Date Permit Expiration Date Sapphire NC 28774 12:25 PM 08/08/26 12/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Edwin L McFalls/ORC/828-743-2480/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Martin J: Lashua,5701 W Park Dr Ste 1 Charlotte NC 28210//704-525-7990/7045258174 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance ■Records/Reports Self-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-45.00 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ' C �.' EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NC0022985 I11 12) 08/08/26 117 181_I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Edwin McFalls/ORC & Peter McNeely assisted in the inspection of this facility. Mr. McFalls stated that expansion of the facility would begin early next year. The facility is well operated and maintained. Page# 2 Permit: NCO022985 Owner-Facility: Fairfield Sapphire Valley WWTP inspection Date: 08/26/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids,pH, DO,Sludge ■ ❑ 110 Judge,and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available,complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5years)? ❑ ❑ ❑ ■ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain-of-custody complete? ❑ ❑ ❑ ■ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (if the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Page# 3 Permit: NCO022985 Owner-Facility: Fairfield Sapphire Valley wwTP \ Inspection Date: 08/26/2008 Inspection Type: Compliance Evaluation \ Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Comment: Records are well organized. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ 0 ❑ Q Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ n Is the DO level acceptable? In ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ■ ❑ ❑ Cl Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ❑ ❑ ❑ ■ Comment: Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑ (Sodium Hypochlorite)Is pump feed system operational? ■ ❑ Cl ❑ Is bulk storage tank containment area adequate?(free of leaks/open drains) ❑ ❑ ■ ❑ Page# 4 Permit: NCO022985 Owner-Facility: Fairfield Sapphire Valley WWTP Inspection Date: 08/26/2008 Inspection Type: Compliance Evaluation Disinfection-Liquid Yes No NA NE Is the level of chlorine residual acceptable? ❑ ❑ ® ❑ Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ■ ❑ Comment: TRC limit is not in effect at this time. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ .Comment: Flow meter is calibrated twice per year and last calibration was done April 10, 2008. Page# 5 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION August 28, 2008 Mr. Stephen L. Nix Town of Highlands P.O. Box 460 Highlands, North Carolina 28741 SUBJECT: Compliance Evaluation Inspection Status: Compliant 4th Street Water Treatment Plant Permit No: N00032778 Macon County Dear Mr. Nix: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 26, 2008. The facility appeared to be in compliance with permit NC0032778. Mr. Wilson and Mr. Mull are doing a fine job of operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext, 4667. Sincerely, net Ca Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Wade S. Wilson/ ORC w/ attachment G:\WPDATA\DEMWQ\Macon\32778 Highland WTP\32778-CE1.08.doc one NorthCarolina naturally 2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Re ort Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 ' 5I 31 NCO032778 111 121 08/08/26 117 181 CI 19f s 20I LJ Remarks t=. LJ 211111111111111111111111 .11111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67I 169 70IU 71I I 721 NI 13LL 74 711 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) 01:15 PM 08/08/26 08/01/01 4th Street WTP Hickory Hill Rd Exit Time/Date Permit Expiration Date Highlands NC 28741 02:10 PM 08/08/26 12/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Wade S Wilson/ORC/828-526-2185/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Richard P Betz,PO Box 460 Highlands NC 28741//828-526-2118/828526259 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports Self-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ a ignature of Management Q A eviewer Agency/Office/Phone and Fax Numbers Date � f EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type , 3I NC0032778 I11 12I 08/08/26 ( 17 18,_1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Wade Wilson/ORC and Jimmy Mull assisted in the inspection. The facility was not discharging at the time of inspection. Records and reports were well organized and in good order. This facility is being well operated and maintained. Page# 2 Permit: NCO032778 Owner-Facility: 4th Street wrP .nspection Date: 08/26/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ■ ❑. ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids, pH, DO,Sludge ■ ❑ ❑ ❑ Judge,and other that are applicable? Comment: The facility is well operated and maintained. Page# 3 ��. I �� i ���i Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources rColeen H,Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION August 28, 2008 Mr. Martin Lashua Carolina Water Service Inc. Of N.C. P.O. Box 240908 Charlotte, North Carolina 282240908 SUBJECT: Compliance Evaluation Inspection Status: Compliant Bear Paw WWTP Permit No: NCO023001 Cherokee County Dear Mr. Lashua: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 20, 2008. The facility appeared to be in compliance with permit NC0023001. Mr. Murphy is doing a fine job of operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, net Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Phillip K. Murphy/ ORC w/ attachment G:\WPDATA\DEMWQ\Cherokee\23001-CE1.08.doc NorthCarolina �atura!!y 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 �� .� �, .__ -, r�, �; United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 NJ 2 I5I 31 N00023001 Ill 121 08/08/20 117 181Ct 191SI 201LJ J U Remarks tJ 2111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -------------------------Reserved--------------------- 67 I 169 70 U 71 U 721 NJ 73 L U 74 751 I I I 11 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 08/08/20 07/11/01 Bear Paw WWTP 100 M Below xiwassee Dam Exit Time/Date Permit Expiration Date Murphy NC 28906 01:55 PM 08/08/20 12/08/31 Name(s)of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data Phillip K Murphy/ORC/828-644-5066/ Name,Address of Responsible Official/Title/Phone and Fax Number Phillip Murphy,PO Box 240908 Charlotte NC Contacted 282240908//704-525-7990/7045258174 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports Self-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date .y ,../ Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date o g EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO023001 I11 12 08/08/20 117 18I_' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Phillip Murphy/ORC assisted in the inspection. A review of the files indicates that the permit expires 8/31/2012. The Annual Performance Report has been filed for the year. This facility is well operated and maintained. Page# 2 i Permit: NCO023001 Owner-Facility: Bear Paw WWTP .aspection Date: 08/20/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids,pH, DO,Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Facility is well operated and maintained. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ® ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ❑ ❑ ■ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain-of-custody complete? ❑ ❑ ❑ ■ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Page# 3 Permit: N00023001 Owner Facility: Bear Paw VW TP Inspection Date: 08/20/2008 Inspection Type: Compliance Evaluation Yes No NA NE Record Keeping Facility has copy of previous year's Annual Report on file for review? ® n n n Comment: Operator maintains very good records. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ❑ n n Is the screen free of excessive debris? ■ ❑ n 0 Is disposal of screening in compliance? 0 ❑ n Is the unit in good condition? ® ❑ n 0 Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused i Is the basin free of dead spots? n 0 n -J Are surface aerators and mixers operational? ❑ n ■ n Are the diffusers operational? 0 n n n Is the foam the proper color for the treatment process? n Cl n Does the foam cover less than 25%of the basin's surface? n ❑ n Is the DO level acceptable? ■ ❑ ❑ Q Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? M n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n Q N Are weirs level? n n Q Is the site free of weir blockage? ❑ ❑ ❑ Is the site free of evidence of short-circuiting? n Q Is scum removal adequate? n ❑ n Is the site free of excessive floating sludge? n ❑ n Page# 4 Permit: NG0023001 Owner-Facility: Bear Paw WWTP ,nspection Date: 08/20/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the drive unit operational? 0 Q ® Q Is the return rate acceptable(low turbulence)? ■ n 0 Is the overflow clear of excessive solids/pin floc? ■ Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) O 0 Q ■ Comment: Page# 5 i p7-�� MichaelF.Easley,Governor William G.Ross Jr.,Secretary y North Carolina Department of Environment and Natural Resources > r—� Coleen H.Sullins,Director Division of Water Quality August 28, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 8091 Roger Robinson RWR Land Company Post Office Box 1900 Mars Hill,NC 28754 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-CV-0015 RWR Land Company Removal of Best Usage (culverts) Failure to Secure a 401 WQC Madison County Dear Mr. Robinson: On August 22, 2008, Kevin Barnett and Linda Wiggs from the Asheville Regional Office of the Division of Water Quality conducted site inspections for the tract/project known as Roger Robinson Commercial Fill Site in Madison County,NC. During the inspection DWQ staff collected measurements took photographs and made visual observations of sedimentation and earthen fill impacts to an unnamed tributary to the Big Branch, located along the subject tract. The site drains to Big Branch, a Class Water Supply—I1, High Quality Water stream, located in the French Broad River Basin. As a result of the site inspection and file review, the following violations, detailed below, were noted: (1) Removal of Best Usage (culverts) (2) Failure to Secure a 401 WQC Item I. Removal of Best Usage (culverts) The culverting of approximately 840 linear feet of an un-named tributary to Big Branch (WS-II, HQW) represents violations of 15A NCAC 02B .0211 (2). The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. No e hCarolina aturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Madison\401 s\RWRLandCompany.NOV2008CV0015.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Page 4 of 4 \ RWR Land Company \ , Madison County 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 or myself at (828) 296-4500. Sincerely, t_ Roger C. Edwards Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Asheville Regulatory Field Office, U.S. Army Corps of Engineers David McHenry,NC Wildlife Resources Commission Madison County Building Inspector Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources }' .Coleen H.Sullins,Director Division of Water Quality A=!11111 "C Asheville Regional Office SURFACE WATER PROTECTION August 28, 2008 Mr. Timothy J. Barth Town Manager Town of Maggie Valley 3987 Soco Road Maggie Valley, North Carolina 28751 SUBJECT: Compliance Evaluation Inspection Town of Maggie Valley Maggie Valley Collection System Permit No: WQCS00122 Haywood County Dear Mr. Barth: Enclosed please find the Compliance Evaluation Inspection report resulting from my August 27, 2008 inspection of operational and maintenance activities relating to the Town of Maggie Valley's sewage collection system. The Town is doing a fine job of taking care of its collection system. The Town has a good system map. Mike Mehaffey is to the point of turning a hand corrected copy of the collection system map over to McGill & Associates. The next logical step is the purchase of a good GPS unit to more accurately establish manhole locations. encourage the purchase of such a unit. The Town would find it useful for other purposes such as location of water system components and municipal boundaries. I appreciate the job Mr. Mike Mehaffey and Mr. Mike Corbin are doing in taking care of the Town wastewater collection system. If you need to discuss matters relating to wastewater collection, please do not hesitate to call me at 828-296-4659. Sincerely, Roy M. avis Environmental Engineer Enclosure cc: Mike Mehaffey, CSORC PERC Unit Asheville Files Surface Water Protection Section Central Files GAWPDATA\DEMWQ\Haywood\Maggie Valley Collection System\Inspection Cover Letter.08.doc NorthCarolina Aatural(ry 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 O �_ /�, �� ,--. �..� Compliance Inspection Report Permit: WQCS00122 Effective: 12/31/03 Expiration: 06/30/08 Owner: Town of Maggie Valley SOC: Effective: Expiration: Facility: Maggie Valley Collection System County: Haywood 3987 Soco Rd Region: Asheville Maggie Valley NC 28751 Contact Person: Michael Lee Mehaffey Title: Phone: 828-926-0866 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NC0056561 Town of Maggie Valley-Maggie Valley WWTP Inspection Date: 08/27/2008 Entry Time: 09:00 AM Exit Time: 11:45 AM Primary Inspector: Roy M Davis Phone: 828-296-4500 Secondary Inspectors): ��� Ext.4659 Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant [i 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:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 08/27/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The Town is doing an excellent job of maintaining and operating its wastewater collection system. The Town has developed a fine collection system map.The logical next step is to purchase a good GPS Unit to more accurately locate system manholes. Page: 2 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 08/27/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ■ ❑ ❑ Cl Is Grease Trap Ordinance available? ■ ❑ ❑ ❑ Is Septic Tank Ordinance available(as applicable, i.e. annexation) ❑ ❑ ❑ ■ List enforcement actions by permittee,if any, in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ ❑ ❑ ❑ Does CIP address short term needs and long term 1"master plan\"concepts? ■ ❑ ❑ ❑ Does CIP cover three to five year period? ■ ❑ ❑ ❑ Does CIP include Goal Statement? ■ ❑ ❑ ❑ Does CIP include description of project area? ■ ❑ ❑ ❑ Does CIP include description of existing facilities? ■ ❑ ❑ ❑ Does CIP include known deficiencies? ■ ❑ ❑ ❑ Does CIP include forecasted future needs? ■ ❑ ❑ ❑ Is CIP designated only for wastewater collection and treatment? ■ ❑ ❑ ❑ Approximate capital improvement budget for collection system? $45,000.00 . Total annual revenue for wastewater collection and treatment? $793,600.00 CIP Comments Approximately$25,000 of capital budget will be used for repairs and$20,000 for long term improvements. Is system free of known points of bypass? ■ 0 ❑ ❑ If no, describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ ❑ ❑ #Does the sign include: Instructions for notification? ■ ❑ ❑ ❑ Pump station identifier? ■ Cl ❑ ❑ 24-hour contact numbers ■ ❑ ❑ ❑ If no, list deficient pump stations None Page: 3 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 08/27/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine \ #Do ALL pump stations have an"auto polling"feature/SCADA? n ■ n n Number of pump stations 1 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 1 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n ■ n #If yes,date implemented? Describe: Town does not practice chemical control of roots. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ n Q Are records available that document pump station inspections? ■ n n n Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ n Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ n ■ n / Are records available that document citizen complaints? ■ ❑ 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 ❑ Are records available that document inspections of high-priority lines? ■ ❑ ❑ 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 ❑ ❑ 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 Cl ■ ❑ What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? Are maintenance records for equipment available? ■ n n n Is a schedule maintained for testing emergency/standby equipment? ■ ❑ n n What is the schedule for testing emergency/standby equipment? As needed Page: 4 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 08/27/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? ■ ❑ ❑ ❑ Inspecting and exercising all valves? ■ ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? ■ Cl ❑ ❑ Inspecting alarms,telemetry and auxiliary equipment? ■ ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? ❑ ❑ ■ ❑ Are maintenance records for right-of-ways available? ■ ❑ ❑ ❑ Are right-of-ways currently accessible in the event of an emergency? ■ ❑ ❑ ❑ Are system cleaning records available? ■ ❑ ❑ ❑ Has at least 10%of system been cleaned annually? ■ ❑ ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? ■ ❑ ❑ ❑ Does the plan include: 24-hour contact numbers ■ ❑ ❑ ❑ Response time ■ ❑ ❑ ❑ Equipment list and spare parts inventory ■ ❑ ❑ ❑ Access to cleaning equipment ■ ❑ ❑ ❑ Access to construction crews, contractors, and/or engineers ■ ❑ ❑ ❑ Source of emergency funds ■ ❑ ❑ ❑ Site sanitation and cleanup materials ■ ❑ ❑ ❑ Post-overflow/spill assessment ■ ❑ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ■ ❑ ❑ ❑ Is the spare parts inventory adequate? ■ ❑ ❑ ❑ Comment: Records Yes No NA NE Are adequate records of all SSOs, spills and complaints available? ■ ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ■ ❑ ❑ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ■ ❑ ❑ ❑ If yes, is there a corrective action plan? ❑ ❑ ■ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Page: 5 Permit:WQCS00122 Owner-Facility:Town of Maggie Valley Inspection Date: 08/27/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: \ Pipe sizes ® n n n Pipe materials ■ n n n Pipe location ■ ❑ n Q Flow direction ■ Q Approximate pipe age ® n n n Number of service taps ® ❑ n n Pump stations and capacity ■ ❑ ❑ If no,what percent is complete? 99 List any modifications and extensions that need to be added to the map Mike needs to get hand corrected collection system map to McGill #Does the permittee have a copy of their permit? ® Q n Q Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ❑ n ■ n Are public notices and proof of publication available? n Q ■ ❑ /i #Is an annual report being prepared in accordance with G.S. 143-215.1C? ❑ Q n #Is permittee compliant with all compliance schedules in the permits? ❑ ❑ ■ n If no,which one(s)? Comment: Page: 6 �R Michael F.Easley,Governor William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources © .0 Coleen H.Sullins,Director Division of Water Quality August 27, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8107 Billy Jack Queen Tammy Jo Queen 138 Sorrells Cove Road Waynesville, NC 28786 Subject: Unnamed Tributary to Richlands Creek Haywood County Dear Mr. and Mrs. Queen: It has come to the attention of this Office that you have placed a structure in an unnamed tributary to Richlands Creek for the purpose of withdrawing water and / or impounding water. This process is drying up the unnamed tributary downstream of these activities. The drought conditions are stressing water resources all across western North Carolina. The drying up of the Unnamed Tributary can constitute a Removal of Best Useage under Title 15A North Carolina Administrative Code 2B .0211 (2). No more than half of the streams flow should be removed at any time. Additionally, any fill (earthen fill, culverts, etc) can constitute a Removal of Best Useage under Title 15A North Carolina Administrative Code 2B .0211 (2). The intake structure may be considered a fill. Placing temporary or permanent fill in a stream requires a Clean Water Act (Section 404) permit from the US Army Corps of Engineers and a Clean Water Act (Section 401) Water Quality Certification from the Division of Water Quality. The US Army Corps of Engineers can be reached at 828-271-7980. N rthCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.,ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Haywood\401 s\Queen.Flow.Notice.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Billy Jack and Tammy Jo . i Notice of Unauthorized Actl', Page 2. Your prompt attention to this matter is greatly appreciated in this situation. Should you have any questions regarding the withdrawal of flow from this stream, please do not hesitate to contact Kevin Barnett at 828-296-4500. Sincerely, i Roger C. Edwards, Regional Supervisor Division of Water Quality Surface Water Protection Section Attachment: Pre-Construction Notice cc: ARO Files John Hennessey, DWQ - NPS Compliance and Assistance Unit Haywood County Sediment and Erosion Control Office Tom Walker, US Army Corps of Engineers David McHenry, Wildlife Resources Commission Central Files Queet.Flow.Notice.UttoRichlandCk.Waynesville