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HomeMy WebLinkAboutDWR SWP Read File Archive August 2012 i�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 1,2012 Mr. J. B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1112 Chambers Farm Road TIP No.B-3187 Haywood County Dear Mr. Setzer: On August 1, 2012, I inspected the construction work for the new bridge over the West Fork Pigeon River on NCSR 1112(Chambers Farm Road) in Haywood County. There was no construction activity at the time of inspection. The end bents have been poured and I understand that the contractor is awaiting steel beams to be delivered to the site before construction continues. Sediment and erosion control structures appear to be maintained and working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Mitchell Bishop,PE Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NCSR 1112(Chambers Farm Road)Inspection Letter August 2012 SURFACE WATER PROTECTION SECTION-Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterguality.org NorthCarohna An Equal Opportunity',Affirmative Action Employer Naturally - _ v iJ Site inspection Report Site Number: WT000188 Site Name: B-3187 NCSR 1112 Chambers Farm Road Site Address: County: Haywood Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT-Division 14 Inspection Date: 08/01/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant Q Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: There was no construction activity at the time of inspection. Contractor is awaiting arrival of steel beams. Sediment and erosion control structures appear to be working properly. Site appeared to be in good shape. Permit 401 WQC Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? Q n n Are the culverts and/or filled areas installed properly? Q ❑ ❑ Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ ❑ D Comment: Page: 1 AvA RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 1,2012 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Stormwater Inspection NCSR 1100 Crawford Creek Road TIP No.B-3657 Haywood County Dear Mr. Setzer: On August 1,2012, I inspected the construction work for the new bridge over Crawford Creek on NCSR 1100 (Crawford Creek Road)in Haywood County. Construction of the new bridge is underway. Sediment and erosion control structures appear to be maintained and working properly. Ensure that stormwater records are maintained up-to-date. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Mitchell Bishop,PE Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NCSR 1100(Crawford Creek Road)Inspection Letter August 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 One Internet:www.ncwatemualitv.ora NorthCarollna An Equal Opportunity\Affirmative Action Employer ; atura jly Site Inspection Report Site Number: WT000524 Site Name: B-3657 NCSR 1100 Site Address: County: Haywood Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 08/01/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant n Not Compliant Program Area: Construction SW(NCG010000) Question Areas: 0 NCG010000 Permit Inspection Summary: Construction was underway for new bridge project. Drilling contractor was on-site. Sediment and erosion control structures has been installed. Maintain up to date records. Page: 1 Site Number: WT000524 Owner: NCDOT Division 14 Inspection Date: 08/01/12 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine l N_CG_0_10000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? ■ n n n If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? ■ n n n Is the site maintaining their E&SC measures as per DLR or delegated program? ■ n n n Is a copy of the approved E&SC plan on site? ■ n ❑ 0 Is a rain gauge present on-site or is MPE in use for the site? ■ n n n Is rain gauge data or MPE data recorded? ■ n n n Are inspection records complete? n ■ n n Is the site compliant with other conditions of the NCG010000 permit? ■ n n n Comment: All records should be maintained up to date. Contractor was not up to date. Page: 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P,E. Dee Freeman Governor Director Secretary August 1, 2012 Charles Rudman 105 Glen Abbey Way Greer, SC 29650 Subject: 401 Water Quality Certification -Approval Project Name: Charles Rudman Bank Stabilization Project DWQ Project# 12-0546 Rutherford County Broad Basin/Lake Lure/9-(17)/B;Tr Dear Mr. Rudman: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. ,Approval has been granted to place fill within or otherwise impact 278 square feet of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control, floodplain and buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters Approx. 278 sq. feet Lake Lure Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 T�TOn,.e,i, t Internet:www.ncwaterquality.org No ffiCarolrna ;Vatlttally An Equal Opportunity'.Affirmative Action Employer Charles Rudman 8/01/2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream \ impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at 828- 296-4664. Sincerely, Charles Wakild, P.E., Director CW/trf Enc: GC3898 Certificate of Completion cc: Steve Kichefski -USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office Clint Calhoun—Town of Lake Lure Jonathan Hinkle—Marathon Builders of WNC INC File Copy S:\SWP\Rutherford\401s\Non-DOT\Charles Rudman\Approval.401Rudman7-31-2012.doc rCDEHR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 1, 2012 Kevin Moore 22 Schofield Rd. Phoenixville, PA 19460 SUBJECT: Buffer and Water Quality Certification Inspection Kevin Moore, Lot 216-Paradise Harbor Project No: 12-0369 Burke County Dear Mr. Moore: This letter is in follow-up to the inspection conducted on July 19, 2012. The site was found to be non-compliant with the Catawba Buffer Rules. Impacts were noted to the riparian buffer on Lake Rhodhiss which is subject to the Catawba River Buffer Rules. Impacts to the buffer include removal of the vegetation. The area of disturbance where vegetation had been removed was approximately 7,500 square feet in Zone 1 and approximately 5,000 square feet in Zone II. The above is a violation of 15A NCAC 02B .0243 (4) of the Catawba Buffer Rules which states that: Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses provided for in Item (6). Ongoing stormwater management of your property is also required according to 15A NCAC 02B .0243 (5) of the Catawba Buffer Rules. The site is currently under construction. A Construction Stormwater Permit (NCG010000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. This permit regulates stormwater management during the construction activities. To assist you with compliance of your project, I have, emailed you and your contractor pertinent information regarding the buffer rule and stormwater management. Required Response Please respond to this letter in writing within, 30`.calendai days of receipt of this letter. Your response should be sent to the Division of Water Quality, attention Linda Wiggs, 2090 HWY 70 Swannanoa,NC 29778. Your response should include the following: 1. Riparian Zone planting — Please submit a Restoration Plan to this office for review and approval. This plan should be developed to ensure that at least two native tree species are planted at a density sufficient to provide 320 trees/acre at maturity. This density is usually achieved by planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on a 8 ft. x 8 ft. grid. Include in the plan the types of native woody vegetation selected, methodology of planting, and a site map indicating the location of the replanting efforts. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 Internet:www.ncwaterquality.org NorthCarollna ahmallb, An Equal Opportunity 1 Affirmative Action Employer Page Two Kevin Moore August 1,2012 2. Stormwater Management-Please submit a Stormwater Plan to this office for review. This plan should include: a. How stormwater will be managed during the construction of your home. If your disturbance is greater than 1 acre the Division of Land Resources should be contacted regarding Sedimentation and Erosion Control requirements. b. How stormwater will ultimately be managed on the property to"meet the buffer requirement 15A NCAC 02B .0243 (5). Please contact me at (828) 296-4500 or linda.wiggsaamcdenr.gov, if I can be of any further assistance. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection cc: Asheville Files Burke County Planning Duke Energy-Wade Harmon SASWP\Burke\401s\Non-DOT\Moore kevin-lake rhodhiss lot 216\CELKMoore.LTR.2012.doc f NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles.Wakild, P.E. Dee Freeman Governor Director Secretary August 2, 2012 Jones Farm Ferguson-Tony Jones 10614 W Hwy 268 Boomer,NC 28606-9141 Subject: 401 Water Quality Certification -Approval Tony Jones Stream Restoration DWQ Project 4 12-0651 Caldwell County YDK/Yadkin Rvr/ 12-(1)/C, Tr Dear Mr. Jones: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Lpproval has been granted to place fill within or otherwise impact 700 feet of streams and for the purpose of streambank stabilization at the subject property.This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control and trout regulations. This approval is for the purpose and design that you described in your application and incorporates the comments by the North Carolina Wildlife Resources Commission. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as,long as%all of the other specific and general conditions of this Certification arse met. No other impacts are apprg.yed including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 700 (feet) S 1-3 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296450M FAX:828-299-7043 N0rtllNorCc`lY'0lllla L, Internet:www.ncwaterquality,org Nahlrally An Equal Opportunity 1 Affirmative Action Employer Tony Jones August 2,2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Linda Wiggs in the Asheville Regional Office at 828-296-4500. Sincerely, Charles Wakild, P.E., Director C W/lsw Enc: GC3885 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy Caldwell Soil&Water-Kevin Clark(e-copy) S:\SWP\Caldwell\401s\Non-DOT\Tony Jones Stream Restoration\TonyJones.Approval.July 2012.doc l NCDER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary August 3, 2012 David Sanders, Owner 574 Brendle Road Franklin, NC 28734 Subject: Permit No. WQ0036074 David Sanders Sanders Parcel Sewer Wastewater Collection System Extension Macon County Dear Mr. Sanders: In accordance with your application received July 27, 2012 and we are forwarding herewith Permit No. WQ0036074 dated August 3, 2012 to David Sanders for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. - Please pay particular attention to Permit Condition 3, which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Applicant for the construction and operation of approximately 142 linear feet of 6-inch gravity sewer to serve 4 three-bedroom units, as part of the Sanders.Parcel Sewer project, and the discharge of 1,080 gallons per day of collected domestic wastewater into the Town of Franklin's existing sewerage system, pursuant to the application received July, 27, 2012 and in -- conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted _February 12, 1996 as applicable: the Division's Minimum Design Criteria for the Fast-Track SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500 FAX:828 2997043 NOIthCa.Tollina Internet:www.ncwaterquality.org atura!!tf An Equal Opportunity t Affirmative Action Employer David Sanders WQ0036074 August 3, 2012 Page 2 of 2 Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Franklin's Wastewater Treatment Facility NPDES NCO021547 prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between David Sanders and the Town of Franklin for the collection and final treatment of wastewater is in full force and effect. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Jeff Menzel at 828-296-4652-8 or via E-mail at jeff.menzel@ncdenr.gov Sincerely, for Charles Wakild, P.E., Director Division of Water Quality enclosure: Operational Agreement cc: Larry Lackey, CEtech Associates, PA Macon County Health Department Asheville Regional Office, Surface Water Protection Section The Town of Franklin WWTP NCO021547 Water Quality Central Files PERCS (electronic copy only) S:\SWP\Macon\Collection SystemsTranklin Collection System\WQ0036074 Sanders Parcel Sewer 08-03-2012.docx NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C. 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: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858- 0368 or (919) 733-3300.Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 3rd day of Augugst, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wakild, P.E., Director Division of Water Quality by authority of The Environmental Management Commission Permit Number WQ0036074 FAST TRACK ENGINEERING CERTIFICATION Permittee: David Sanders Permit No. WQ0036074 Project: Sanders Parcel Sewer Issue Date: August 3, 2012 County: Macon Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. Modifications should be submitted prior to certification This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation " of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: :......................................................................................................... SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US Highway 70 Swannanoa, NC 28778 ......................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. JF NORTH CAROLINA _dTY OF Macon Permit No. WQ0036 74 DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of by and between the North Carolrni�v�icaa �ietatl �4arzagernel# Commission, an agency of the State of North Carolina, hereinafter known a ; an rk ;. Sanders , an individual in the State of North Caro it DEVELOPER. WITNESSETH: 1 � }1. The DEVELOPER is the owner of the certain lands lying in_Macon WA7E�Fift�`�Yipp� ,chi is Ll F Rcl�3rlPLi�E erecting and will erect dwelling units and other improvements, said de � r�beztro - as Sanders Parcel (hereinafter the Dcvclwluptit)-' 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wasteNvate,i treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter r 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (Sanders Parcel Owners' Association) (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re-constructing and repairing the common elen7ents of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re-construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly' constructed, maintained and operated in accordance with law and permit provisions in order to'protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The = request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. inn r a. rYw 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal Systc appurtenances thereto are part of the common elements and shall thereafter be properly maintained a , operated in conformity with law and the provisions of the permit for construction, operation, repair, anc, maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire Nyastewatei, treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be finds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System,the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter;become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolutions without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A_copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of IncorpPration of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL David Sanders MANAGEMENT COMMISSION Name of DEVELOPER Lv Charles Wakild, P. , Director (Signature) Division of Water Quality a /(/ - Print Name and Title -7 a �-� �2- (D—t)� (Date) A4JFA := Can NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary August 3, 2012 Jerry Walker, Town Mayor Town of Clyde P. O. Box 386 Clyde, North Carolina 28721 Subject: Permit No. WQ0036076 Town of Clyde Bridge 321 on Pleasant Hill Wastewater Collection System Extension Haywood County Dear Mayor Walker: In accordance with your application received July 30, 2012 and we are forwarding herewith Permit No. WQ0036076, dated August 3, 2012 to the Town of Clyde for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3, which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. The Town must label these lines as "high priority lines"and treat them as such by providing inspection at least every six months and cleaning on an as-needed basis. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500 FAX:828 2997043 �atllPattl� Internet:www.ncwaterqualimorg An Equal Opportunity\Affirmative Action Employer Town of Clyde-WO0036076 August 3, 2012 Page 2 of 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to The Town of Clyde for the construction and operation of approximately 234 linear feet of 6-inch gravity sewer; as part of the Bridge 321 on Pleasant Hill Road project, and the discharge of 0 gallons per day of collected domestic wastewater into the Waynesville Wastewater Treatment Plant NCO025321 existing sewerage system, pursuant to the application received July 30, 2012 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Waynesville Wastewater Treatment Facility NCO025321 prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between The Town of Clyde and Waynesville Wastewater Treatment Facility for the collection and final treatment of wastewater is in full force and effect. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Jeff Menzel at (828) 296-4500 or via E-mail at jeff.menzel@ncdenr.gov Sincerely, for Charles Wakild, P.E., Director Division of Water Quality cc: Eric Tweed, CH Engineering PLLC Asheville Regional Office, Surface Water Protection Section Waynesville Wastewater Treatment Plant NCO025321 Water Quality Central Files PERCS (electronic copy only) SASWMaywood\Collection Systems\Clyde WQCS00259\WQ0036076 Bridge 321 on Pleasant Hill.docx 1 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permiee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 4. This permit shall not be transferable. In the event there is a desire for the wastewater �J collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina ' General Statutes §143-215.6A through §143-215.6C. 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: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858- 0368 or (919) 733-3300.Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued August 3, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wakild, P.E.,Director Division of Water Quality by authority of The Environmental Management Commission Permit Number WQ0036076 FAST TRACK ENGINEERING CERTIFICATION Permittee: Town of Clyde Permit No. WQ0036076 Project: Bridge 321 on Pleasant Hill Road Issue Date: August 3, 2012 County: Haywood Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. Modifications should be submitted prior to certification This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: ......................................................................................................... SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US Highway 70 Swannanoa, NC 28778 ......................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 6, 2012 Eddie Evans, Camp Manager Young Life 120 Coles Cove Road Weaverville, NC 28787 Subject: Permit No. W00036079 Young Life Entrance Road Sewer Relocation Wastewater Collection System Extension Buncombe County Dear Mr. Evans: In accordance with your application received July 26, 2012, we are forwarding herewith Permit No. WQ0036079 dated August 6, 2012 to Young Life for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3, which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification' provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, ---_ construction-ofiadditional--or-replacement wastewater collection facilities,-and/or referral-of-the North Carolina-licensed Professional Engineer to the licensing board. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S. Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500 FAX:828 2997043 NorthCarolina// Intemet:www.ncwaterquality.ory Naturallu An Equal Opportunity\Affirmative Action Employer Young Life WQ0036079 August 6, 2012 Page 2 of 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Applicant for the construction and operation of approximately 430 linear feet of 8-inch gravity sewer as part of the Entrance Road Sewer Relocation project, and the discharge of 0 gallons per day of collected domestic wastewater into the Windy Gap Camp existing sewerage system, pursuant to the application received July 26, 2012, and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Windy Gap Camp Wastewater Treatment Facility NPDES Permit No. NCO034304 prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Jeff Menzel at 828-296-4500 or via e-mail at jeff.menzel@ncdenr.gov Sincerely, for Charles Wakild, P.E., Director Division of Water Quality cc: Michael R. Goforth, PE, High Country Engineering, PC Buncombe County Health Department Asheville Regional Office, Surface Water Protection Section Water Quality Central Files PERCS (electronic copy only) SASWP\Buncombe\Collection SystemsWoung_Life Windy Gap\WQ0036079 Young_Life-Windy-Gap-relocation.docx--- - NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division)Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permtee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease.interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina -J 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: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible,but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858- 0368 or (919) 733-3300.Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 6th day of August, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wakild,P.E.,Director Division of Water Quality by authority of The Environmental Management Commission Permit Number WQ0036079 FAST TRACK ENGINEERING CERTIFICATION Permittee: Young Life Permit No. WQ0036079 Project: Entrance Road Sewer Relocation Issue Date: August 6, 2012 County: Buncombe Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria Modifications should be submitted prior to certification This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division ENGINEER'S CERTIFICATION ❑ Partial ❑ Final l as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation ` of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: ......................................................................................................... SEND THIS FORM&SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US Highway 70 Swannanoa, NC 28778 ......................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. 4°• NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretar v August 7,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870'0003 0874 9001 Ms. Susan Glenn Blackberry Sewer System P.O.Box 1770 Blowing Rock,North Carolina 28605-1770 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-MV-0064 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: A review of the September 2011 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Measuring Frequency Violation 09/03/2011 001 BOD Weekly Failure to Monitor 09/03/2011 001 Fecal coliform Weekly Failure to Monitor 09/03/2011 001 DO Weekly Failure to Monitor 09/03/2011 001 Flow Weekly Failure to Monitor 09/03/2011 001 Ammonia Nitrogen Weekly Failure to Monitor 09/03/2011 001 pH Weekly Failure to Monitor 09/03/2011 001 TSS Weekly Failure to Monitor 09/03/2011 001 Temperature 5 X/Week Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO055611. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along - with-any-information-provided on tire-September 2011 Discharge Monitoring-Report. -You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office f within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SLC'PION-Ai(I:VIL EREGIONAL:OFIICE Location:2090 U.S Highway 70,Swannanoa,North Carolina 2871,,8 One Phone:828 296-4�00\Fax.828-299-7043Qf% NorthCaroltna Internet:http://portal.ncdenr.org/web/wq Natural& An Equal Opportunity'.Affirmativc Action Employer--50%Recycicd 10",o Post Consumer gaper Ms. Susan Glenn August 7, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, � Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch r.; 4 swl':Cakltv-II`,waste-kk a x l3inor. 731ackbeipc i4t..5,hl l �f?4 NRE--'Ol-?—MV-0064.d(}. -_ s T/" .;`,,,,mil!' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 7,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8998 Ms. Susan Glenn Blackberry Sewer System P.O.BOX 1770 Blowing Rock,North Carolina 28605-1770 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-MV-0063 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: A review of the July 2011 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Measuring Frequency Violation 07/02/2011 001 BOD Weekly Failure to Monitor 07/02/2011 001 Fecal coliform Weekly Failure to Monitor 07/02/2011 001 DO Weekly Failure to Monitor 07/02/2011 001 Flow Weekly Failure to Monitor 07/02/2011 001 Ammonia Nitrogen Weekly Failure to Monitor 07/02/2011 001 pH Weekly Failure to Monitor 07/02/2011 001 TSS Weekly Failure to Monitor 07/02/2011 001 Temperature 5 X/Week Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO055611. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with-any--itformati-on-provi-ded-on-the-July 20-11-Discharge Monitoring-Report. "ou will thenbe notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within `the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION 1SHE ILLE REGIONAL OFFICE Location:2090 U.S.Hwhway 70,S«annanoa.North Carolina 28778 One Phone:828-2964�00\Pax:828-299-7043 NorthCarolina Internet:http:Uportal.nedenr.org/web/wq -rF <ttlll"ll jl/ An Equal Opportunity''.Affirmative Action Emplover—309ti Recycled-104,o Post Consumer paper Ms. Susan Glenn August 7, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division off Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional'Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch -S.S1t•'(''E alcl se4l,tita<tewYtiter 1,iina>e Black-berry hide ?61 I NO -NIZE-_2017 M -006_.doc - 4 ai1�.n... NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 7, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8981 The Honorable Mel L. Cohen City of Morganton P.O. Box 3448 Morganton, North Carolina 28680 Subject: NOTICE OF VIOLATION NOV-2012-LV-0397 EMC-SOC-WQ-S10-005 Permit No. NCO026573 Catawba River Pollution Control WWTP Burke County Dear Mayor Cohen: On December 1, 2010, the Environmental Management Commission entered into the subject Special Order by Consent (SOC)whereby the subject WWTP was granted relaxed effluent limitations for BOD, TSS and Fecal Coliform from those imposed by the NPDES Permit, in exchange for Morganton's commitment to a schedule of wastewater treatment plant improvements that will return the WWTP to compliance with the terms of the NPDES Permit. The SOC contains provisions for the assessment of stipulated penalties when modified limits are exceeded or schedule dates are not met. A review of Catawba River Pollution Control Facility WWTP's monitoring report for May 2012 showed the following violations: Parameter Date Interim Limit Reported Limit Type Value BOD 05/31/2012 60 mg/I 107.91 mg/I Monthly Average Exceeded BOD Week ending 120 mg/I 120.8 mg/I Weekly Average 05/12/2012 Exceeded BOD Week ending 120 mg/l 281.4 mg/I Weekly Average 05/19/2012 Exceeded Fecal coliform Week ending 500#/ 100 1046.1 mg/I Weekly Geometric 05/12/2012 ml Average Exceeded NorthCarolina Aatull'<hi& North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.orgd& FAX (828)299-7043 Mayor Mel L. Cohen August 7, 2012 Page Two Parameter Date Interim Limit Reported Limit Type Value TSS 05/31/2012 70 mg/I 118.36 mg/I Monthly Average Exceeded TSS Week ending 150 mg/I 341.6 mg/I Weekly Average 05/19/2012 Exceeded You are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to this violation. Section III of the SOC stipulates that a penalty in the amount of $1,000 be paid for noncompliance with any modified limit contained in the SOC. However, Section IV of the SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of the Catawba River Pollution Control WWTP. If you have information that will prove to the Division that any or all of the criteria set forth in Section IV have been met, you must submit this information in writing to the Asheville Regional Office within ten (10) days after receipt of this notice. In the absence of evidence justifying the application of the provision within Section IV, this Office will proceed with assessment of stipulated penalties as provided for in the SOC. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:\SWPN ,Burke\wastewater\Municipal',Morganton wwTP 26573\NaV-2012-LV-0397-SOC.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E Dee Freeman Governor Director Secretary August 9, 2012 CERTIFIED MAIL RETURN RECIEPT REQUESTED 7010 1870 0003 0874 9032 The Honorable Mel L. Cohen City of Morganton P.O. Box 3448 Morganton, North Carolina 28680 Subject: Department of Environment and Natural Resources and Environmental Management Commission vs. City of Morganton Special Order by Consent WQ-S10-005 Stipulated Penalties SP-2012-0009 NPDES Permit Number NCO026573 Catawba River Pollution Control WWTP Burke County Dear Mayor Cohen: The City of Morganton entered into a Special Order by Consent (SOC)WQ-S10-005 with the North Carolina Environmental Management Commission whereby operation of the City of Morganton Wastewater Treatment Plant (WVVfP) has been placed under interim effluent limitations and an enforceable schedule while the existing WWTP is being upgraded. Under section 3 of the Special Order by Consent, the City of Morganton was required to comply with interim effluent limitations as set forth in the Consent Order. The WWTP failed to comply with the interim effluent limitations for Total Suspended Solids contained in "Attachment A" of the Order for the month of December 2011. After careful review of this matter, I have not found grounds for sufficient justification to waive the stipulated penalty, therefore, and pursuant to section 3 of the Special Order by Consent, a stipulated penalty in the amount of$1,000.00 is now due for each violation for a total of$2,000.00. Payment by certified check payable to the Department of Environment and Natural Resources must be submitted to the Department at the address given below within thirty (30) days from receipt of this demand: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 T�TOne Phone: 828-296-4500/FAX: 828-299-7043/Internet: www.ncwaterquality.org l�O1thCuohna An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper ;Vaturally Mayor Mel L. Cohen August 9, 2012 Page Two You are reminded that payment of said penalties mentioned in this letter will not foreclose further penalties for any future or continuing violations, failure to meet deadline dates, or interim effluent violations. If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: 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 If you have any questions concerning this notification please contact Janet ' Cantwell of this Office or me at(828) 296-4500. Sincerely, ,1 Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DENR General Counsel NPDES Point Source Unit S:\SWP\Burke\Wastewater\Municigal?ivlorganton VVVIITP 265731SP-2012-0009-SOC.doc w C) d IL w w O � � g Q > O a 4 s > a) d Q � � z 0 w >R OR CIO O� C. 0 ° w I—w o0 U> N i Q U o 0 df J Y 7 [}0 w f- O w E E H w O U o� 0 0 0 c Q O CN U c O Z CV Q)i ro w p1 d CY 3 1°O = x x U g d a Ln m H O m ►+ z O v Z LL ga o 0 w o_° CO U > c O U c 0 ° 0 IL d > Of w U O � � O U 3 0 y Q O 0 tC a m r U z a) d J U > Q O W W LL _.1 Qa Ha o 0 O M ti O !ly z N O c Oa N N_w U 0 zoo Z O � H O_ f o 0 L� J w E w J a e> vs I� '� � � J ��i / \ _. V __.... _-._.. ___..... AV NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E Dee Freeman Governor Director Secretary August 9, 2012 CERTIFIED MAIL RETURN RECIEPT REQUESTED 7010 1870 0003 0874 9018 The Honorable Mel L. Cohen City of Morganton P.O. Box 3448 Morganton, North Carolina 28680 Subject: Department of Environment and Natural Resources and Environmental Management Commission vs. City of Morganton Special Order by Consent WQ-S10-005 Stipulated Penalties SP-2012-0008 NPDES Permit Number NCO026573 Catawba River Pollution Control WWTP Burke County \ Dear Mayor Cohen: The City of Morganton entered into a Special Order by Consent (SOC)WQ-S10-005 with the North Carolina Environmental Management Commission whereby operation of the City of Morganton Wastewater Treatment Plant (WWTP) has been placed under interim effluent limitations and an enforceable schedule while the existing WWTP is being upgraded. Under section 3 of the Special Order by Consent, the City of Morganton was required to comply with interim effluent limitations as set forth in the Consent Order. The WWTP failed to comply with the interim effluent limitations for Total Suspended Solids contained in "Attachment A" of the Order for the month of November 2011. After careful review of this matter, I have not found grounds for sufficient justification to waive the stipulated penalty, therefore, and pursuant to section 3 of the Special Order by Consent, a stipulated penalty in the amount of$1,000.00 is now due for each violation for a total of$1,000.00. Payment by certified check payable to the Department of Environment and Natural Resources must be submitted to the Department at the address given below within thirty (30) days from receipt of this demand: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,,North Carolina 27699-1617 Asheville Regional Office One 1, 1 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl`C11C 'Ohria Phone: 828-296-4500/FAX: 828-299-7043/Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper ;V49harallY Mayor Mel L. Cohen August 9, 2012 Page Two You are reminded that payment of said penalties mentioned in this letter will not foreclose further penalties for any future or continuing violations, failure to meet deadline dates, or interim effluent violations. If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: 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 If you have any questions concerning this notification please contact Janet Cantwell of this Office or me at(828) 296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section CC' DWQ Asheville Files DENR General Counsel NPDES Point Source Unit S:1SWP\Burke'Miastewater\[Municipal\Morganton VVWTP 26573\SP-2012-0008-SOC.doc IL L >- x F w z rn O m � g a > L M o Q � Z O w 7 N O J a W gW n J N U> aD J a U H r d J L 3 m. W } LL W F- O w E F Z ZW O U 0 0 0 0 Q O N U Z M N � W Q1 d C! 3 = L. to W X U LL n F O w z O gaU Z o w Q O > L U = O U c O 6 IL L m > W- w m s� U R Q to a F V z _ O H N J U � Q Q W LL J an Ha o 7 O M ti O Z N N 00 o cli c o a O w U � ow Z R H O >' a J CD Cl d W Ci - J a e» _- _ __ _ ._ __ _-"- �� 4<, 11 `�. NCD, North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles W'akild,P.E. ' Dee Freeman Governor Director Secretary August 9, 2012 Unimin Corporation-Rolf Pippert PO Box 588 7638 HWY 226 South Spruce Pine,NC 28777 Subject: Request for More Information 401 Water Quality Certification West Schoolhouse Mine Expansion DWQ Project# 12-0632 Avery County Response deadline: September 28,2012 ,:; Dear Mr. Pippert: The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification nplication submitted for the above referenced property. Additional information will be required in order to mplete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Water Quality Standard Impacts: Mining operations expose large areas of land and alter topography. Please explain how water quality standards will not be violated downstream, specifically: a. Flow and Temperature: How will downstream flows and temperature be monitored to maintain compliance with water quality standards 15A NCAC 02B.0211 (1) and (3) 0). b. Turbidity: How will water quality standards 15A NCAC 02B.0211 (3) (k) in the receiving stream will be achieved. 2. Avoid and Minimize: Stringent Best Managenent Practices(BMPs)will be needed to avoid and minimize impacts to the receiving stream. ,Please describe what BMPs will be used to protect water quality. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 One Internet:www.ncwaterquality.org NorthCaroll.na An Equal Opportunity 1 Affirmative Action Employer � 'tll�llj�l�f Rolf Pipped-Unimin August 9,2012 Page 2 of 2 a. Section 8.2.2 states that during construction the suspended solids/turbidity may be increase but only minimally and temporarily. How much and for how long do you expect an increase? What is the expected life of this mine? b. Section 8.2.3 and 9.15 states accumulated water in mining pit will be treated by existing stormwater facilities at the site. This project will increase flows to these stormwater facilities;there will be the natural stream flows and stormwater runoff flows that have to be managed. Please explain how these flows will be diverted to the existing stormwater facilities? Please explain how the existing stormwater facilities are of a sufficient size to handle these added flows while maintaining compliance with the Stormwater Permit NCG020795 benchmarks and avoiding water quality standards violations? Please provide your response in writing to the addresses below prior to September 28,2012. Four copies of the required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit at: Ian McMillan WeBSCaPe Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Linda Wiggs Surface Water Protection Section 2090,US HWY 70 Swannanoa,NC 28778 If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized(at this time) by the DWQ. Please call Linda Wiggs 828-296-4500, if you have any questions. Sincerely, t A l �} Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Tasha McCormick-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Karen Higgins-WeBSCaPe Unit DLR-ARO ARO File copy Clearwater Consultants(e-copy) S:\SWP\Avery\401s\Non-DOMnimin Schoolhouse West Mine\AddInfo.Unimin.Schoolhouse.2012.doc ALT_1_rYVJ .'a rNCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 10, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9056 Mr. J. Robert Boyette City of Marion P.O. Drawer 700 Marion,North Carolina 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES Permit NCO031879 City of Marion Corpening Creek WWTP Case No. LV-2012-0139 McDowell County Dear Mr. Boyette: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00 ($250.00 civil penalty+ $137.00 enforcement costs) against the City of Marion. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the City of Marion for the month of December 2011. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in December 2011 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Marion violated the terms, conditions or requirements of NPDES Permit NCO031879 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, l, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Marion: ne NorthCarolina �atura!!r� SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500\FAX:828 2997043 Internet:www.ncwaterguality.org I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for TSS - Conc. $250.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $387.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: r 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 r_\ hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 ------------ OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office or me at 828-296-4500. Sincerely, Chuck-Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments DWQ Central Files w/attachments Point Source Unit w/attachments S:'k5S 1'`Nle Dim ell".Waste"a'ter Municipal\ Cochin C'ed.'VVWJT 18�E)`.LV-2{�I?-t!l;c?.clt;rc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0139 County: McDowell Assessed Party: The City of Marion/ Corpening Creek WWTP Permit No.: NC0031879 Amount Assessed: $387.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT`,, 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 THE CITY OF MARION / CORPENING ) CREEK WWTP ) PERMIT NO.NCO031879 ) FILE NO. LV-2012-0139 Having been assessed civil penalties totaling $387.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 10, 2012,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE W a) F- w r OCD m gQ O > I Q � z O C9 W r � W .>� N O J m e W W rW g= U> J a U O J O V W On yy f-U) CD z ZW O U rn M O Q N } C U WY W N 3 J W X = w a 0 U o z0 Z Op W (n > Q U IL Y Gf d L U � w cm W c 0 C U a a � O a r U z O c H � J U Q O � w LL J as Ha o 7 O o> ti O oD Z r M �� o = a.O W Cv O Z O� O � ." J o a LO (L J W N -. _. _- _ _--` ,:_ - _.. :_:- ,,. ._ice_ i I�� �\ _.. - ---- -_.... _-.-_ -r, __.. {. + ' Aw NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles W?l,iW D c _ Freeman Governor Direct( Secretary August 13, 2012 Buncombe County Board of Education `i � Attn: Tim Fierle C- 175 Bingham Road Asheville,NC 28806 Subject: 401 Water Quality Certification -Approv Project Name: West Buncombe/Eblen Drive A-S i DWQ Project# 12-0704 Buncombe County 2, French Broad/Lees Creek/6-83 /C Dear Mr. Fierle: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 60 linear feet of streams for the purpose of driveway expansion at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control, floodplain and buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 60 linear(feet) UT2 to Lees Creek Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-29645001 FAX:828-299-7043 7�TOne L. Internet:www.ncwaterquality.org NorthCarollna An Equal Opportunity 1 Affirmative Action Employer lll'lCli f Tim Fierle August 13,2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Tim Fox in the Asheville Regional Office at 828- 296-4664. Sincerely, r'r Charles Wakild, P.E., Director CWl trf Enc: GC3890 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office Barbara Wiggins, CLM—Wiggins Environmental Services, LLC Charles C. Day PE—Civil Design Concepts Buncombe County Planning File Copy S:\SWP\Buncombe\401s\Non-DOT\West Buncombe Eblen Driveway EXP\APRVL.401WestBuncombeEblenDrivewayExp.08-10-12.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman Governor Director Secretary August 13, 2012 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-Bridge 419 US Highway 19-23-74 TIP No.B-3656 Haywood County Dear Mr. Setzer: On August 1,2012, I inspected the construction work at the new bridge site on US Highway 19-23-74 in Haywood County. The project is almost complete except for some minor construction and paving. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Mitchell Bishop,P.E. Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)B-3656 Inspection Letter August 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 One Internet:wwwmwaterguality.org NOrthCarollna An Equal Opportunity;Affirmative Action Employer ;Vatmal f Wetiand inspection report Project Num: 20100745 Version: 1 Status: Withdrawn Project Name: NCDOT-Bridge No.419 on US 19/23/74 Project Type: Replace bridge with bridge County: Haywood Region: Asheville Location: NCDOT-Bridge No.419 on US 19/23/74 Latitude: +35°31'54" Longitude: -82°50'32" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 07/01/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): i Facility compliance Status: E Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Project is almost complete. Some minor work such as curb and gutter,clean-up and paving is left to complete. Some work is needed on the outlet of the two stormwater pipes on the east side of the river downstream of the bridge. Recent heavy rains resulted in the outlet rocks being moved by the stormwater. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? E n n n Are the culverts and/or filled areas installed properly? No n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ ❑ ❑ n Comment: Project is almost complete except for minor work and paving. Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE. Dee Freeman Governor Director Secretary August 13,2012 Cherokee County DWQ Project 20120751 Bridge No.2 NC Highway 141 Approval of 401 Water Quality Certification with Additional Conditions Mr. J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in Slow Creek for the -' purpose of relocating the stream channel away from bridge support structures at Bridge No.2 over NC Highway 141 in Cherokee County: Stream Impacts in the Hiwassee River Basin Site Permanent Fill Temporary Permanent Temporary Total Stream in Intermittent Impacts in Fill in Impacts in Stream Impacts Stream(linear Intermittent Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation (linear ft) (linear ft) (linear ft) (linear ft) Site 1 0 0 95 120 215 0 Total 0 0 1 95 120 215 0 Total Permanent Stream Impacts for Project: 95 lin. ft.Total Temporary Stream Impacts for Project: 120 linear ft. The project should be constructed in accordance with your application dated July 10, 2012 (received August 8, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3883, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 3. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOlt11Ca1Ohlla Phone: 296 45001 FAX: 299-7043 ��������� Internet:: www.ncwaterquality.or.org An Equal Opportunity 1 Affirmative Action Employer Mr. J. B. Setzer,P.E. August 13,2012 Page Two ,v 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 214 .0506 (h) (6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, ar..v% maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. The channel relocation will be constructed in a dry work area and stabilized before stream flows are diverted into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. 5. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 6. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be ,\ ' temporary and be revegetated with native riparian species. .r.J. B. Setzer, P.E. August 13, 2012 Page Three 7. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 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. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters duce to the potential for elevated pH and possible aquatic life and fish kills. 16. No rock, sand or other materials shall be dredged from the stream channel, except where 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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 19. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 20. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 21. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 22. 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, storrnwater management rules, soil erosion and sedimentation control requirements,etc. 23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 24. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division - Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all __> work included in the §401 Certification has been completed. Mr.J.B. Setzer, P.E. August 13,2012 Page Four Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Charles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 12-0751(Setter)NC Highway 141 Bridge No.2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman Governor Director Secretary August 13,2012 Mr.Michael Pettyjohn,P.E. Division 11 Engineer N.C. Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Inspection US Highway 321A TIP No.U-2211B DWQ Project No. 2011-0844 Caldwell County Dear Mr.Pettyjohn: On August'7,2012,I inspected the new construction project on US Highway 321A to NCSR 1712(Starcross Road),TIP No. U-2211B, in Caldwell County. Construction activities include clearing and grubbing and installation of sedimentation and erosion control measures. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also, please refer to the attached inspection report for any specific items noted during the inspections. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: David Poindexter,PE Heath Slaughter,Division 11,DEO Neal Trivette,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office TIP No.U-2211B August 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 Elie Internet:w ncwaterpualiy A,c NofthCarohna An Equal Opportunity Affirmative Action Employer r� / ilf' irJt1 vflitf ____ _ -- _ ---- �� ,. �l �__. __ __ __ Wetland Inspection Report Project Num: 20110844 Version: 1 Status: Issued Project Name: NCDOT-SR 1001 Connelly Springs Road(U-2211 B) Project Type: Road.maintenance/repair/improvements County: Caldwell Region: Winston-Salem Location: NCDOT-SR 1001 Connelly Springs Road(U-2211 B) Latitude: +35°53'26" Longitude: -81°31'11" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection[late: 08/07/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: n Compliant E Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Met with DOT inspector and looked at site. Clearing and grubbing was taking place and sediment and erosion control structures were being installed. The large sediment basin adjecent to US 321 had been constructed. Water and sewer lines were also being installed. The contractor installing these lines was washing Berkley Street after they finished for the day and sediment was getting into UT1 of Gunpowder Creek. I advised the inspector of this and contractor indicated that they would change the way they were cleaning the street. Page: 1 Project Num: 20110844 Owner: NC DOT PDEA Inspection Date: 08/07/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? 171 n 0 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n Comment: Sediment getting into UT1 of Gunpowder Creek from street washing relating to water and/or line construction. Page: 2 AZ4 r� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman Governor Director Secretary August 13, 2012 Mr.Michael Pettyjohn,P.E. Division 11 Engineer N.C.Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Stormwater Inspection NCSR 1764(New Farm Road) TIP No.U-5204 Caldwell County Dear Mr. Pettyjohn: On August 7,2012, I inspected the new construction project on NCSR 1764(New Farm Road),TIP No. U-5204, in Caldwell County. Construction activities include clearing and grubbing and grading activities. I inspected the stormwater records for the project and found them to be in very good condition. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspections. If you have questions,please call me at 828-296-4500. Sincerely, 1z_01Z14_ Michael R. Parker Environmental Senior Specialist Attachment cc: David Poindexter,PE Heath Slaughter,Division 11,DEO Neal Trivette,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office TIP No.U-5204 August 2012 Stonnwater Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043ow trg Qlle Internet:www.nnity eA r aliiy Ac NojhC� a.Tollna An Equal Opportunity;Affirmative Action Employer 'AI*T114AA'At, _ �, i ,�, ��. Site Inspection Report Site Number: WT000423 Site Name: NCSR 1764 U-5204 Site Address: County: Caldwell Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 11 Inspection Date: 08/07/12 Reason for Inspection: Routine Inspection Type: Records/File Review(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): r Facility compliance Status: Compliant n Not Compliant Program Area: Construction SW(NCG010000) Question Areas: 0 NCG010000 Permit Inspection Summary: Inspected stream crossings and sediment and erosion control structures. No sediment was observed downstream of project. Areas where sediment was lost in June were cleaned and appeared to be in good shape. Mulch had been placed on areas where sediment had been removed from the wooded areas. Stormwater records were complete and thorough. Page: 1 Site Number: WT000423 Owner: NCDOT Division 11 Inspection Date: 08/07/12 Inspection Type: Records/File Review(DOT) Reason for Visit: Routine NC_G010000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? ■ n n n If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? ■ fl n I_I Is the site maintaining their E&SC measures as per DLR or delegated program? ■ n n (_l Is a copy of the approved E&SC plan on site? ■ n n n Is a rain gauge present on-site or is MPE in use for the site? n n n Is rain gauge data or MPE data recorded? ■ n n n Are inspection records complete? ■ n n n Is the site compliant with other conditions of the NCG010000 permit? ■ n n n Comment: ` Stormwater Inspection records were neat, complete and in very good condition. Page: 2 NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 13, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9063 Mr. J. Robert Boyette City of Marion P.O. Drawer 700 Marion,North Carolina 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO031879 City of Marion Corpening Creek WWTP Case No. LV-2012-0142 McDowell County Dear Mr. Boyette: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00 ($250.00 civil penalty+ $137.00 enforcement costs) against the City of Marion. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the City of Marion for the month of January 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in January 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Marion violated the terms, conditions or requirements of NPDES Permit NCO031879 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-21.5.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Marion: None rthCarohna Naturally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa,NC 28778 r6� Phone:(828)296-4500\FAX:828 2997043 Internet:www.ncwaterguality.orp I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for TSS - Conc. 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $00.00 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS - Conc. $137.00 Enforcement Costs $387.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and - (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative l hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources ; 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office or me at 828 2.96-4500. Sincer , Chuck Gfanford, Regional`Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments \' DWQ Central Files w/attachments Point Source Unit w/attachments 4 `i%V}:",Ale[?twAeEl wasto%%!attt1Nienircipa-C'orpeiiin_,Creek EVLb`"FP 31f3'-, `__V-2012-0142,doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0142 County: McDowell Assessed Party: The City of Marion/ Corpening Creek WWTP Permit No.: NC0031879 Amount Assessed: $387.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors inN.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 ENVIRONMENT,, 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 THE CITY OF MARION / CORPENING ) CREEK WWTP ) PERMIT NO. NCO031879 ) FILE NO. LV-2012-0142 Having been assessed civil penalties totaling$387.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 13, 2012,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of 120 SIGNATURE ADDRESS TELEPHONE CD CD w a a) a X x > w w z rn rn O m d ~ D Q N 00 � C Q Z O co W LLI 0 (7 >9 v Q' O J co a 0 w F-w_ 00 N J00 � V> N co J a U _ F O J U L w CD co Z Za E E > >2 O U N O r Q CCN U ~ O O w Y Y Z LLI J w 3 3 U O � LL n n w ��+ Co N N V j H H 4 Q Z go m w O o 0 U) '> U a as m °' = w 0 0 EU U a ai ai O a r r- U z m a J U 0 W O w Q J LL J Qa FLL a o 0 O rn ti p 00 !� Z� N N o W 00 N N p C to p w Z O� F- O Q o 0 W z N 65 C .J wa 69 -i__ �:._/, NCDENK North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 14, 2012 Randall Hamby Hamby Brothers Concrete, Inc. PO Box 844 Lenoir,NC 28645 SUBJECT: Notice of Violation NOV-2012-PC-0176 Hamby Brothers Concrete Incorporated NPDES General Stormwater Permit—�NCG140097 Caldwell County Dear Mr. Hamby: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on July 25, 2012. The Division of Water Quality (DWQ) appreciates the time you and your staff spent with Ms. Wiggs during the inspection. Hamby Brothers Concrete was found to be in violation of permit NCG140097. The following permit condition violations were noted during the inspection: 1. Qualitative Monitoring ➢ Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. 2. Analytical Monitoring ➢ Analytical monitoring has not been.condue,f ;and recorded in accordance with permit requirements. As required by the permit Part IV Section D monthly analytical monitoring shall be instituted. The parameters in Table 7 (pH, Total Suspended Solids, Settleable Solids and Total Petroleum Hydrocarbons) shall be sampled according to Footnote#2. All sample results shall be submitted within 7 day of receiving laboratory results to: DENR-Linda Wiggs, 2090 US HWY 70, Swannanoa,NC 28778. Enclosed is a copy of the Compliance Inspection Report,_ which contains additional observations and comments for your reference. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 828-296-45001 FAX:828-299-7043 NOrthCa1 Ohllc`1 Internet:www.ncwaterquality.org 1 N� r�� An Equal Opportunity i Affirmative Action Employer Naturally Hamby Concrete August 14,2012 Page 2 of 2 Should you have any questions regarding these matters,please contact Linda Wiggs at(828)296- 4500 or linda.wiggs@ncdenr.gov . Sincerely, Chuck Branford, Regional Supervisor Surface Water Protection Asheville Regional Office Enc: Inspection Report cc: WeBSCaPU—Karen Higgins ARO File Copy S:\SWP\Caldwell\Stonnwater\NCG14 Ready Mix\Hamby\July 2012 visit\NOV-2012-PC-0269.Hamby.doc Compliance Inspection Report Permit: NCG140097 Effective: 07/01/11 Expiration: 06/30/16 Owner: Hamby Brothers Concrete Inc SOC: Effective: Expiration: Facility: Hamby Brothers Concrete Incorporated County: Caldwell 2051 Morganton Blvd SW Region: Asheville Lenoir NC 28645 Contact Person: Randall Hamby Title: Phone: 828-754-2176 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 07/25/2012 Entry Time: 12:00 PM Exit Time: 01:40 PM Primary Inspector: Linda S Wiggs Phone: 828-296-4500 Ext.4653 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Ready eay Mix Concrete Stormwater/Wastewater Discharge COC Facility Status: ❑Compliant ■ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG140097 Owner-Facility: Hamby Brothers Concrete Inc Inspection Date: 07/25/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Met with Randall Hamby,James Triplett and Mel Skinner. Mel walked the site with me and Crystal took notes to relay to Jenny Anders in office.Appoximately 1"of rain had fallen that morning. Sampling data has not been produced for inspector. It could not be found during inspection and a request via email on 8/2/12 has not received a response. The site has comingled stormwater(SW)and wastewater(WW)and should have been performing quarterly sampling. The facility will have to institute-monthly monitoring_for_paratmeters listed in Table 7. pH readings were obtained during the inspection are as follows: Truck washflow area pH=11.2 sm. Bermed Pit pH=11.4 sm. Grass pit/swale pH=10.6 pH will likely have to be reduced prior to discharge to meet benchmark. The facility needs to purchase a pH meter. pH reading are to be obtained immediately; in-situ. The bermed containment area is along side of the grass swale/pond area. On the day of the inspection the bermed containment area appeared to be receiving most of the water from the site. Water was flowing through the berm towards the grass area. It would be better if the berm was properly constructed with a rock weir to allow for a controlled release as oppose to a funneling through the berm. Because the area between the facilities treatment area and the receiving stream is overgrown, it was not determined if the berm is also directly discharging to the stream. The facility will have to determine this. The berm should not be discharging into the receiving stream. Page: 2 Permit: NCG140097 Owner-Facility: Hamby Brothers Concrete Inc Inspection Date: 07/25/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ 0 #Does the Plan include a General Location(USGS)map? ■ ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? ■ 0 n 0 #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n Q ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ 0 #Has the facility evaluated feasible alternatives to current practices? ■ ❑ 0 Q #Does the facility provide all necessary secondary containment? ❑ n ❑ ■ #Does the Plan include a BMP summary? ■ Q O ❑ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ 0 I_l Q #Does the facility provide and document Employee Training? Q Q Q ■ #Does the Plan include a list of Responsible Party(s)? ■ Q ❑ 11 #Is the Plan reviewed and updated annually? ■ Q ❑ n #Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ 0 Has the Stormwater Pollution Prevention Plan been implemented? 0 Q Q Comment: Facility has a SPPP. Not all aspects of this were evaluated during inspection. SPPP should state sampling occurs quarterly. Site haS coiifiingled stormwater(sw)and wastewater(ww) and is therefore required to sample quarterly. See summary and NOV for current requirements. The SPPP states that James Mel Skinner and James O. Triplett will ensure that all housekeeping and monitoring procedures are implemented. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? 0 ■ n Q Comment: Qualitative reports were not presented for inspection. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? 0 ■ 0 0 #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? [1 ■ ❑ 0 Comment: Analytical monitoring since January 2011 has not been performed. Data was not onsite during inspection and was not produced upon request. Monthly monitoring shall be instituted and submitted to Asheville Regional Office. Permit and Outfalls Yes No NA NE Page: 3 Permit: NCG140097 Owner-Facility: Hamby Brothers.Concrete Inc Inspection Date: 07/25/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ 00 #Were all outfalls observed during the inspection? ■ n 00 #If the facility has representative outfall status,is it properly documented by the Division? ❑ ❑ ■ 0 #Has the facility evaluated all illicit(non stormwater)discharges? ■ 0 ❑ ❑ Comment: SW and WW drain to one location. It is unknown where the actual discharge point is located. The area between where the discharge should be and the receiving water is extremely overgrown, making it difficult to determine if there is more than one discharge point. Visibility to the creek/discharge location needs to be improved. See summary. i . Y Page: 4 A' North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild; P.E. Dee Freeman Governor Director Secretary August 14, 2012 Mr. Jouko Lahepelto, Sr. VP, Americas &Asia Pacific UPM,Raflatac, Inc. 400 Broadpointe Drive Mills River, NC 28759 SUBJECT: NPDES Stormwater Permit Compliance Inspection UPM-Raflatac Inc. Permit No: NCG050376 Henderson County Dear Mr. Lahepelto: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on August 7, 2012, with the assistance of Laura Cummings, James Horton, and Alexa Dengos. The facility was found to be in compliance with permit NCG050376. Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and comments for your reference. Please contact me at(828) 296-4665 or Susan.A.Wilson(gmcdenr.gov, if I can be of any further assistance. Sincerely, 'Susan A. Wilson Environmental Engineer Surface Water Protection Enclosure cc: Laura Cummings, UPM Raflatac, Inc. Central Files Asheville Files S:\SWP\Henderson\Storrnwater\NCG05 Apparel,Printing,\UPM Raflatac Broad Pointe\LTR.CEI Insp NCG050376.8 2012.doc Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 One L Phone:828-296-4500\FAX:828-299-7043 N(Jl'l�1Car Oi�llla Internet:www.ncwaterquaiity.org �q "l�CCI,f An Equal Opportunity\Affirmative Action Employer l i� \: �I ��_ I -- ompitance Ins pection-Reporf - ----------------_ Permit: NCG050376 Effective: 10/31/08 Expiration: 05/31/13 Owner: Upm Raflatac Inc SOC: Effective: Expiration: Facility: UPM-Raflatac Inca County: Henderson 400 Broad Point Rd Region: Asheville Mills River NC 28759 Contact Person: Laura Cummings Title: Phone: 828-651-4800 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NCGNE0198 Upm Raflatac Inc-UPM-Raflatac Inc. Inspection Date: 08/07/2012 Entry Time: 10:00 AM Exit Time: 12:15 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Apparel/Printing/Paper/Leather/Rubber Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: E Storm Water (See attachment summary) Page: 1 Permit: NCG050376 Owner-Facility: Upm Raflatac Inc Inspection Date: 08/07/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Susan Wilson (DWQ)met with Laura Cummings, James Horton and Alexa Dengos at the UPM Raflatac facility,400 Broadpointe Road. UPM Raflatac makes adhesive labels for customers worldwide. The facility maintains a stormwater permit covered under sector General Permit NCG050000 (Paper and Paperboard Products). Domestic wastewater is tied into MSD. Batch process wastewater is also tied into MSD. Stormwater records were excellent and the facility appeared very well maintained. No potential adverse impacts to stormwater were observed at the time of inspection. UPM has 2 defined stormwater outfalls-001 (to McDowell Creek-incorporates much of the employee parking lot, trim waste area, loading area); 002-discharges to a small scour pool then overland, essentially does not discharge to surface waters(incorporates the area of industrial activity). While 002 could be observed, due to the vegetated growth around McDowell Creek, the ultimate outfall for 001 could not be observed (however,the final drop inlet on UPM property was observed). DWQ will come back during the winter months and evaluate outfall 001 (more in the interest of assessing hydraulic impact from the discharge, rather than a water quality concern). DWQ does suggest that UPM evaluate the scour pool at 002 periodically-additional rip rap may be needed at some point (this will ensure that hydraulic loading to the adjacent landowner does not become an issue). This facility at one time had a No Exposure permit(NCGNE0198)-which was rescinded and NCG050376 was reactivated. Page: 2 Permit: NCG05037 3 Owner-Facility: Upm Raflatac Inc Inspection Date: 08/07/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ n n n #Does the Plan include a General Location(USGS)map? ■ n n n #Does the Plan include a"Narrative Description of Practices"? ■ n n n #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n n n #Does the Plan include a list of significant spills occurring during the past 3 years? ■ n n n #Has the facility evaluated feasible alternatives to current practices? ■ n n n #Does the facility provide all necessary secondary containment? ■ o n n #Does the Plan include a BMP summary? ■ n rl n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n n n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n C #Does the facility provide and document Employee Training? ■ C n n #Does the Plan include a list of Responsible Party(s)? ■ n n n #'Is the Plan reviewed and updated annually? ■ C Cl Cl #Does the Plan include a Stormwater Facility Inspection Program? ■ n n n Has the Stormwater Pollution Prevention Plan been implemented? ■ n n n Comment: The SWPPP is excellent-easy to understand and follow. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n n n Comment: Qualitative monitoring is performed as required (on both outfalls - 2/year). Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n n ■ C #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? C C ■ C Comment: There is no vehicle maintenance activity. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n n n #Were all outfalls observed during the inspection? ■ n n n #If the facility has representative outfall status,is it properly documented by the Division? n n ■ n #Has the facility evaluated all illicit(non stormwater)discharges? ■ C n C Comment: The facility maintains excellent records with regard to the stormwater permit requirements. Page: 3 j--,.. \�Ji \�/ I A ��� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 14, 2012 Mr. Jouko Lahepelto, Sr. VP,Americas &Asia Pacific UPM Raflatac, Inc. 400 Broadpointe Dr. Mills River,NC 28759 SUBJECT: NPDES Stormwater Permit Compliance Inspection UPM Raflatac - Cane Creek Facility Permit No: NCG050399 Henderson County Dear Mr. Lahepelto: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on August 7, 2012, with Laura Cummings, James Horton, and Alexa Dengos. The facility was found to be in compliance with permit NCG050399. Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and comments for your reference. Please contact me at(828)296-4665 or Susan.A.Wilson.c oncdenr.gov, if I can be of any further assistance. Sincerely, 4 'Susan A. Wilson Environmental Engineer Surface Water Protection Enclosure cc: Laura Cummings, UPM Raflatac, Inc. Central Files Asheville Files S:\SWP\-Ienderson\Stormwater\NCG05 Apparel,Printing,\UPM Raflatac Cane Crk Road\LTR.CEI NCG050399.8 2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�T�fl t Phone:828-296-4500\FAX:828-299-7043 NOI'tllcit01111a Internet:www.ncwaterquality.org ` t�N �� An Equal Opportunity`:Affirmative Action Employer (/V kit /�__.. i�/ �vi ----��mpliance nspec ion Rem- -- -----_ -- Permit: NCG050399 Effective: 04/02/12 Expiration: 05/31/13 Owner: Upm Raflatac Inc SOC: Effective: Expiration: Facility: UPM Raflatac Cane Creek Facility County: Henderson 280 Cane Creek Rd Region: Asheville Fletcher NC 28732 Contact Person: Laura Cummings Title: Phone: 828-651-4800 Directions to Facility: from 1-26,take US25 N(Exit 44)for 2.7 miles,turn rt on Cane Creek Rd for 1 mile,facility on right System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 08/07/2012 Entry Time: 12:30 PM Exit Time: 01:00 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 ` Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Apparel/Printing/Paper/Leather/Rubber Stormwater Discharge COC Facility Status: ■ Compliant 0 Not Compliant Question Areas: M Storm Water (See attachment summary) Page: 1 Permit: NCGO50399 Owner-Facility: Upm Raflatac Inc Inspection Date: 08/07/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: ` Susan Wilson (DWQ) inspected the UPM Raflatac-280 Cane Creek Road with Laura Cummings, James Horton, and Alexa Dengos On August 7, 2012 (after inspecting the Broadpointe site). UPM Raflatac makes special order labels at this facility(the property is leased by UPM). The facility is covered under sector General Permit NCG050000 (Paper and Paperboard Products). Domestic wastewater and batch process wastewater goes ultimately to MSD. The facility appears well maintained and record keeping is excellent. Although this permit has just recently been issued- they have already performed their qualitative monitoring and already have their SWPPP in place. The existing property has been expanded and part of UPMs piping goes to new basins (which appear to be post construction basins). DWQ has contacted Henderson County regarding those basins (they are not yet fully stabilized with vegetation). Both stormwater outfalls at the facility discharge to Pinner Creek(C-Trout).Outfall B discharges directly from drop inlets (which incorporate part of the access road used by another industry, as well as some of the loading area used by UPM). Outfall A incorporates part of the loading area and the back of the building-which goes to the post construction stormwater pond and then to Pinner Creek. No adverse impacts from stormwater were noted during the inspection. UPM Raflatac used to be located at 267 Cane Creek Road and was covered by No Exposure permit NCGNE0547 (and moved to this location-280 Cane Creek Road). This will be rescinded. Page: 2 Perm i :NCGO50399 Owner-Facility: Upm Raflatac Inc -- — _ . Inspection Date: 08/07/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ n n #Does the Plan include a General Location(USGS)map? ■ n n n #Does the Plan include a"Narrative Description of Practices"? ■ n n n #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ 11 n n #Does the Plan include a list of significant spills occurring during the past 3 years? n ❑ ■ n #Has the facility evaluated feasible alternatives to current practices? ■ n n n #Does the facility provide all necessary secondary containment? ■ ❑ n n #Does the Plan include a BMP summary? ■ ❑ n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n n n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ n #Does the facility provide and document Employee Training? ■ ❑ n n #Does the Plan include a list of Responsible Party(s)? ■ n n n #Is the Plan reviewed and updated annually? ■ n n n #Does the Plan include a Stormwater Facility Inspection Program? ■ n ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ Comment: The facility has an excellent SWPPP- it is already in place and being implemented (this permit just got issued April 2012). No documented spills have occurred. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n n n Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n n ■ 11 #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ n ■ Comment: No vehicle maintenance activities are conducted. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ n #Were all outfalls observed during the inspection? 0110 n #If the facility has representative outfall status,is it properly documented by the Division? n n ■ ❑ #Has the facility evaluated all illicit(non Stormwater)discharges? ■ n n Page: 3 Permit: NCG050399 Owner-Facility: Upm Raflatac Inc Inspection Date: 08/07/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: Page: 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Beverly Eaves Perdue Director Dee Freeman Governor Secretary August 14, 2012 Matt Wignot 12311 Daneilla Christina Ct. Charlotte,NC 28216 SUBJECT: Sediment Removal Plan Approval Bluffs-Wignot Property Caldwell County Dear Mr. Wignot: The Division of Water Quality has received correspondence from J.Lee Gragg dated August 9, 2012, in response to the Division of Land Resources Notice of Violation. The proposal includes the removal of sediment from an unnamed tributary to Johns River.Removal of the sediment by manual means is proposed along with replanting an'area of the riparian buffer. The remedial actions presented in the correspondence from Mr. Gragg have been found satisfactory and are approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty (30) days of this approval letter. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection cc: ARO File Copy Lee Gragg(e-copy) S:\SWP\Caldwell\Stormwater\NCGO1 Construction\Bluffs-Wignot\SedimentRemovalAPPROVE.Aug2012.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NdfthCarolina Phone: 8-45DO1gAX828299-7043 Internet: www,ncwateruali ory �atur "lff An Equal Opportunity\Affirmative Action Employer FOYA North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 14, 2012 Mr. Van D. Medlock, Environmental Manager Rogers Group, Inc. 421 Great Circle Road Nashville, TN 37228 SUBJECT: NPDES Stormwater Permit Compliance Inspection Rogers Group, Inc. Permit No: NCG160150 Henderson County Response Deadline: September 14, 2012 Dear Mr. Medlock: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on July 27, 2012,with the assistance of Jon Parton,Asphalt Plant Supervisor. The facility was found to be in compliance with permit NCG160150. However, several items should be improved at the site. Enclosed is a copy of the Compliance Inspection Report. Please provide this office with a written response as to when the facility will complete the recommended measures. Please contact me at(828)296-4665 or Susan.A.Wilson(c4ncdenr.gov, if I can be of any further assistance. Sincerely, G'v cc Susan A. Wilson Environmental Engineer Surface Water Protection Enclosure cc: David Wilson, Rogers Group, 2700 Asheville Hwy., Hendersonville,NC 28791 Central Files Asheville Files S:\SWP\Henderson\Stormwater\NCG16 Asphalt Paving Mixtures\Rogers Group NCG160150\2012\LTR.CEI NCG160150.8 2012.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NorthCarohna Internet:www.ncwaterquality.org Aditllmlly An Equal Opportunity\Affirmative Action Employer � >� �J; ''°�� -Coat liancl�lrr _-_.--- p s��-tion-Repdr�-______-----__------------- Permit: NCG160150 Effective: 10/01/09 Expiration: 09/30/14 Owner: Rogers Group Inc SOC: Effective: Expiration: Facility: Rogers Group, Inc. County: Henderson 2700 Asheville Hwy Region: Asheville Hendersonville NC 28791 Contact Person: Jon Parton Title: Phone: 828-697-1007 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 07/27/2012 Entry Time: 02:00 PM Exit Time: 04:00 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Asphalt Paving Mixture Stormwater Discharge COC Facility Status: IN Compliant D Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG160150 Owner-Facility: Rogers Group Inc Inspection Date: 07/27/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Susan Wilson (DWQ)met Jon Parton (of the Rogers Group, Inc.)at the asphalt plant in Hendersonville on July 27,2012. Recycled asphalt, sand, gravel are stored on-site for use, along with chemicals used for asphalt production. The plant also will use a small percentage of recycled asphalt shingles(to be tested/crushed offsite). There was some citizen concern re. the recycled asphalt shingles-DWQ does not expect adverse impacts to water quality due to stormwater from the recycled asphalt shingles,with the small percentage and crushing performed off-site. DWQ does have several recommendations for the site (some of which were stated previously): 1)The SWPPP should be reviewed and errors corrected. 2)The site plan/drainage should be improved,with outfalls clearly noted (and drainage throughout the site updated and noted). 3) DWQ recommends better communication/employee training (DWQ did not see the annual training noted). 4)Secondary containment should be provided for the fuel tank. 5)The bermed areas should be stabilized (to prevent loss of sediment to the tributary to Mud Creek). Because a rain event occurred during the time of inspection-it was noted that the outfall near the unnamed tributary (south side)likely needs to be enlarged. It provided little to no detention for rainfall events. This should be re-evaluated. No sand dipping is performed by the facility(a letter from the DWQ indicated this was done under prior ownership). No sand dipping should be performed again without first contacting ARO/DWQ (Jon indicated that this was highly unlikely). Page: 2 Permit: NCG160150 Owner-Facility: Rogers Group Inc Inspection Date: 07/27/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ n n n #Does the Plan include a General Location(USGS)map? ■ n n n #Does the Plan include a"Narrative Description of Practices"? ■ n n n #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ n n n #Does the Plan include a list of significant spills occurring during the past 3 years? ■ n n n #Has the facility evaluated feasible alternatives to current practices? n o n ■ #Does the facility provide all necessary secondary containment? ❑ ■ n n #Does the Plan include a BMP summary? ■ n n n #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ n n n #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ n n n #Does the facility provide and document Employee Training? ■ n n n #Does the Plan include a list of Responsible Party(s)? ■ n n n #Is the Plan reviewed and updated annually? ■ n n n #Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ n Has the Stormwater Pollution Prevention Plan been implemented? ■ n n n Comment: The SWPPP needs to be reviewed again there appear to be some errors re. what is stored on site, tank sizing, etc. There also appear to be some incorrect references within the plan. The site plan and drainage areas should be updated, as it was somewhat unclear. DWQ also suggests that the stormwater outfalls be designated (as Stormwater Disharge Outfall 01, 02, etc. -SDO-01, SDO-02)-and this designation remain consistent. Although the employee training program is documented - DWQ suggests the corporate environmental coordinator visit the site at least annually and go over the plan, good housekeeping, sample locations, etc. (it was unclear if the employee training had been completed by necessary parties at the site). Secondary containment should be provided around the fuel tank area (please submit a schedule of compliance for this). NE = Not Evaluated; NA= Not Applicable Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ n n Page: 3 Permit: NCG160150 Owner-Facility: Rogers Group Inc Inspection Date: 07/27/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ 0 #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ 0 Comment: No routine vehicle maintainance is conducted on-site. Analytical monitoring for asphalt activities only. Analytical monitoring should be done in conjunction with qualitative monitoring. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ n 0 #Were all outfalls observed during the inspection? ■ 0 ❑ Q #If the facility has representative outfall status, is it properly documented by the Division? 0 0 ■ 0 #Has the facility evaluated all illicit(non stormwater)discharges? ■ D ❑ n Comment: The illicit discharge certification should be signed (it appears updated but should be signed). Outfalls were observed (and after a rain event). Discharge was noted from the outfall south of the property(near the unnamed tributary to mud creek); no discharge was noted from the outfall to Mud Creek after the rain event. Page: 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 15,2012 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Stormwater Inspection NCSR 1660 (Siler Road) TIP No.R-4748 Macon County Dear Mr. Setzer: On August 9, 2012,I inspected the construction work and reviewed the stormwater records for the Siler Road project(NCSR 1660) in Macon County. Construction includes heavy grading and bridge construction. The stormwater records appear to be maintained in a good and orderly manner. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Mitchell Bishop,PE Mark Davis,Division 14,DEO Ed Ingle,Roadside Enviromnental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NCSR 1660(Siler Road)Stormwater Inspection Letter August 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500 i FAX:828-299-7043 One Internet:www.ncwatermuality.org N6rthCarolina An Equal Opportunity Affirmative Action Employer Nahlrall r Site Inspection Report Site Number: WT000186 Site Name: R-4748 Siler Road NCSR 1660 Site Address: County: Macon Region: Asheville Directions: Latitude: +35°27'49" Longitude: -82°53'59" Site Owner Name: NCDOT-Division 14 Inspection Date: 08/09/12 Reason for Inspection: Routine Inspection Type: Records/File Review(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant n Not Compliant Program Area: Construction SW(NCG010000) Question Areas: NCG010000 Permit Inspection Summary: Reviewed project with DOT inspector(Todd). Stormwater records and reports appear to be maintained in good orderly manner. Stormwater has eroded a ditch on the steep slope on the northwest side of the bridge going to the sediment pond. Some type of measures are needed to correct this problem. Also,the ditch lines between the gas station and Wall Mart need some work to stop sediment transport. Seed and mulch all bare areas as needed. Page: 1 Site Number: WT000186 Owner: NCDOT-Division 14 Inspection Date: 08/09/12 Inspection Type: Records/File Review(DOT) Reason for Visit: Routine N_CG_01_000_0 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? ■ ❑ Q If Yes,what was the DLR/de►egated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? ■ ❑ ❑ 0 Is the site maintaining their E&SC measures as per DLR or delegated program? ■ 0 n fl Is a copy of the approved E&SC plan on site? ■ nnn Is a rain gauge present on-site or is MPE in use for the site? ■ ❑ ❑ 0 Is rain gauge data or MPE data recorded? ■ ❑ n n Are inspection records complete? ■ 0 f_l f_I Is the site compliant with other conditions of the NCG010000 permit? ■ ❑ ❑ n Comment: Records appear to be maintained in a good and orderly manner. Page: 2 A�/ a�s NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild Dee Freeman Governor Director Secretary August 15,2012 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NC Highway 28 DWQ Project 09-0451 TIP No.R-2408B Macon County Dear Mr. Setzer: On August 9,2012,I inspected the construction work on NC Highway 28 in Macon County. Construction continues along most of the project with grading,culvert and pipe installation underway. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: W.Trent Anderson Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NC Highway 28 Inspection Letter August 2012 SURFACE WATER PROTECTION SECTION-Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterguality.org N6 thCarollna An Equal Opportunity\Affirmative Action Employer ,IVr�turr�//�a Wetland inspection Report Project Num: 20090451 Version: 1 Status: Issued Project Name: NCDOT-NC 28 on SR 1323 (R-2408) Project Type: Road/Highway Widening County: Macon Region: Central Location: NCDOT-NC 28 on SR 1323 (R-2408) Latitude: +35°13'26" Longitude: -83°23'54" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 08/09/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): i Facility compliance Status: M Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Reviewed project and contacted DOT staff. Grading and heavy construction continuing along project. Sediment and erosion control structures appear to be working properly. Seed and mulch all bare areas as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 00011 Comment: Page: 1 A� "A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 15, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9087 Mr. William N. Hughes, Mayor Town of Murphy P.O. Box 130 Murphy, North Carolina 28906-0130 Subject: NOTICE OF VIOLATION NOV-2012-DV-0158 Permit No. WQCS00132 Town of Murphy Murphy Collection System Cherokee County Dear Mr. Hughes: A review has been conducted of the Murphy Collection System's self reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by the Town of Murphy. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00132 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type SSO 6-6-2012 Sanitary Sewer Overflow Discharge Without Valid Permit 176,000 gallons from the Incident#201201051 Golf Course Right-of-way Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. As a reminder, when reporting SSOs, please use the following contact information and speak directly with a staff member. Do not leave messages on the Asheville office answering machine after business hours, call the toll free number for after hours reporting. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarolina Phone:828-296-45001 FAX:828-299-7043 Naturally www.ncwaterquality.org• An Equal Opportunity 1 Affirmative Action Employer Mr. William N. Hughes, Mayor Town of Murphy August 15, 2012 Page 2 of 2 SSO Reporting Contacts Asheville Regional Office Switchboard: 828-296-4500 (Mon.-Fri. 8 am-5 pm) Asheville Regional Office Fax: 828-299-7043 Attention: Chuck Cranford Environmental Emergencies: 1-800-858-0368 (after business hours) If you should have any questions, please do not hesitate to contact the Asheville Regional Staff or me at 828-296-4500. Sincerely, Chuck Cranford Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files Eldon Roberts— Superintendent, Collection System PERCS Unit SASWP\Cherokee\Collection SystemsWurphy WQCS001 32\NOV-2012-DV-01 58 8-15-12.doc DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 15, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9070 Mr. Frederick L. Baker, P.E. Director of Public Works Town of Waynesville PO Box 100 Waynesville, NC 28786 Subject: NOTICE OF VIOLATION NOV-2012-DV-0157 Permit No. WQCS00039 Town of Waynesville Waynesville Collection System Haywood County Dear Mr. Baker: A review has been conducted of the Waynesville Collection System's self reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by the Town of Waynesville. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00039 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type SSO 7-31-2012 Sanitary Sewer Overflow Discharge Without Valid Permit 9,000 gallons to Richland Creek Incident#201201318 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. In the future, when identifying the cause of the SSO as being a "severe natural condition", please provide documentation (such as local weather data) to support this condition, in the 5-day report. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-7043 Internet: www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer Mr. Frederick L. Baker, P.E. Town of Waynesville August 15, 2012 Page 2 of 2 If you should have any questions, please do not hesitate to contact the Asheville Regional Staff or me at 828-296-4500. Sincerely, Chuck Cranford Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files Wentford Henson - ORC PERCS Unit \ SASWP\Haywood\Collection Systems\Waynesville WQCS00039\NOV-2012-DV-0157 8-15-12.doc L A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 15, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9094 Mr. Anthony F. Hensley Director of Public Works Town of Burnsville PO Box 97 Burnsville NC 28714-0097 Subject: NOTICE OF VIOLATION NOV-2012-DV-0159 Permit No. WQCS00143 Town of Burnsville Burnsville Collection System Yancey County Dear Mr. Hensley: A review has been conducted of the Burnsville Collection System's self reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by the Town of Burnsville. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00143 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type SSO 5-29-2012 Sanitary Sewer Overflow Discharge Without Valid Permit 12,000 gallons from.OMC Pump Station Incident#201200965 to Crabtree Creek Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296.45001 FAX:828-299.7043 // Internet: www.newaterquality.org Naturalltf An Equal Opportunity 1 Affirmative Action Employer Mr. Anthony F. Hensley Town of Burnsville August 15, 2012 Page 2 of 2 If you should have any questions, please do not hesitate to contact the Asheville Regional Staff or me at 828-296-4500. Sincerely, 71 i � 1 Chuck Cranford Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files Ronnie Tipton —Operations Manager PERCS Unit SASWP\Yancey\Collection Systems\Burnsville WQCS00143\NOV-2012-DV-0159 8-15-12.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman Governor Director Secretary August 17,2012 Mr. J. B. Setzer,P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection US Highway 19-74 TIP No.B-4286 Swain County Dear Mr. Setzer: On August 9, 2012,I inspected the construction work at the new bridge site over the Nantahala River on US Highway 19-74 in Swain County. The project is almost complete except for some minor construction,paving and removal of the temporary bridge. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, 1 Michael R.Parker Environmental Senior Specialist Attachment cc: Trent Anderson,P.E. Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)B-4286 US 19-741nspection Letter August 2012 SURFACE WATER PROTECTION SECTION-Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:wvvw.ncwaterguality.org NorthCarolina An Equal Opportunity;Affirmative Action Employer aturall Site Inspection Report Site Number: WT000544 Site Name: B-4286 US Highway 19-74 Site Address: County: Swain Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 08/09/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant t Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Looked at site with DOT inspector. Bridge is complete except for minor work, paving and removing the temporary bridge. Sediment and erosion control structures appear to be maintain and working properly. Permit 401 WQC Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ Cl ❑ Cl Are the culverts and/or filled areas installed properly? ■ n 0 n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ ❑ n n Comment: Page: 1 AzifL;A'r WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman Governor Director Secretary August 17,2012 Mr.J. B. Setzer,P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-Bridge No. 283 NCSR 1334 TIP No.B-4692 Haywood County Dear Mr. Setzer: On August 1, 2012,I inspected the construction work at the new bridge site on NCSR 1334 in Haywood County. The project is almost complete except for some minor construction,paving and removal of the temporary bridge. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Mitchell Bishop,P.E. Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)B-4692 Inspection Letter August 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa.NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwatermuality.org NorthGarohna An Equal Opportunity 1 Affirmative Action Employer Naturally Site inspection Report Site Number: WT000543 Site Name: B-4692 SR 1334 Site Address: County: Haywood Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 08/01/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Reviewed site with DOT inspector. Bridge has been completed. Minor work continuing to complete project. Sediment and erosion control structures appear to be functioning properly. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ ❑ fl Are the culverts and/or filled areas installed properly? ■ ❑ ❑ n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ 0 n Comment: Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 17,2012 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NCSR 1783 Upward Road DWQ Project 08-1327 TIP No. R-4430 Henderson County Dear Mr. Setzer: On August 2, 2012,I inspected the construction work on Upward Road between US Highway 176 and Howard Gap Road in Henderson County. Construction work is continuing all along Upward Road between Howard Gap Road and US Highway 176 with the main focus on grading,paving and moving traffic onto the new section of Upward Road. Please ensure that all sediment and erosion control structures are being maintained as required and that seeding and mulching are being performed as needed,to protect State surface waters. Please refer to the attached copy of the inspection report for additional comments regarding the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office Upward Road R-4430 Inspection Letter August 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwatemuality.org NQrtrlCa o1111a An Equal Opportunity Affirmative Action Employer /atura i/ ��1 �/ �.;% Wetland Inspection Report Project Num: 20081327 Version: 1 Status: Issued Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening County: Henderson Region: Asheville Location: NCDOT-SR 1783(R-4430) Latitude: +35'17'51" Longitude: -82°24'25" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 08/02/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Reviewed project with DOT representatives. Temporary seed and mulch all disturbed areas as soon as possible. Repair silt fence along west bound on ramp at 1-26. Repair and stabilize slopes below the temporary bridge. Repair slopes and place rip rap on slopes at inlet to 48-inch pipe. Also,stabilize stream above headwall to prevent head cut. Install matting on disturbed areas around headwall. Page: 1 Project Num: 20081327 Owner: NC DOT PDEA Inspection Date: 08/02/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ ❑ n n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n Comment: Page: 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 17,2012 Mr. J. B. Setzer,P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection R-3622-AB NC Highway 294 DWQ Project 08-0762V.2 Cherokee County Dear Mr. Setzer: On August 9, 2012,I inspected the construction work on NC Highway 294 in Cherokee County. Heavy construction, grading and paving are underway for the road widening project. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Trent Anderson,P.E. Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setter)R-3622-AB NC Highway 294 hispection Letter August 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500!FAX:828-299-7043 One Internet:www.newaterguality.org NQLthCaTUl111a An Equal Opportunity t Affirmative Action Employer 1 Natlln,1111 \' `�1� Wetland Inspection Report Project Num: 20080762 Version: 2 Status: Issued Project Name: NCDOT-Bridge No.50 on NC 294(R-3622AA) Project Type: Road maintenance/repair/improvements County: Cherokee Region: Asheville Location: NCDOT-Bridge No.50 on NC 294(R-3622AA) Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT Division 14-Sylva Inspection Date: 08/09/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Reviewed construction project. Heavy construction and paving was taking place at the time of inspection. At Station 33+00 the silt fence was gone and needs to be replaced. At Station 39+00(Holly Road)there was washing at silt fence and culvert inlet. This area should be matted and seeded. At Station 67+00 above drop inlet. Slope needs to be seeded and slope and ground across NC 294 should be seeded also. It appeared that material was washing into stream throuogh a culvert where the heavy grading was taking place. This material appeared to be coming from slope and ditch line where the grading was occurring. Any material found in stream below thia area should be removed. Seed and mulch all bare areas. Page: 1 Project Num: 20080762 Owner: NC DOT Division 14-Sylva Inspection Date: 08/09/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit 401 WQC Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n Cl n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n Comment: Page: 2 hICDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 17, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9124 Mr. George W. Ware, Owner Jonas Ridge Properties P.O. Box 519 Newland,North Carolina 28657-0519 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 NCO060224 George W. Ware Jonas Ridge Adult Care Facility WWTP Case No. LV-2012-0150 Burke County Dear Mr. Ware: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00 ($250.00 civil penalty+ $137.00 enforcement costs) against George W. Ware. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by George W. Ware for the month of April 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0060224. The violations which occurred in April 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that George W. Ware violated the terms, conditions or requirements of NPDES Permit NCO060224 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against George W. Ware: No�rthCarolina Aatur AY SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone: (828)296-45001FAX:828 2997043 Internet:www.ncwaterguality.org 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0060224, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Conc. $250.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $387.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth.at G.S. 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: �J 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh;North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative ; hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors 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 t OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office or me at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments DWQ Central Files w/attachments DWQ NPDES Point Source w/attachments James & James Environmental/ORC w/attachments 5 'gib f`...BurKe:Wastv1N ate,rMinoNjOn a5 16d"Tc A uItCare 6022-kIN-2012-01.50.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0150 County: Burke Assessed Party: George W. Ware Permit No.: NCO060224 Amount Assessed: $387.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, AND NATURAL RESOURCES COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS GEORGE W. WARE/ JONAS RIDGE ADULT ) CARE FACILITY WWTP ) PERMIT NO.NCO060224 ) FILE NO. LV-2012-0150 Having been assessed civil penalties totaling $387.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 17, 2012, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE cu W 0 a x H W z rn O m d H d O L � L Q Z _O a W �_ V 0 J 0 0 W F-W g= OD J d Uj N J a U F N d J Y L `my W r O CO Z zW O =� U 0 N P z Z o W WLU N C1 3 / _ J w 41 U GI LL W Q m z 1~ d Fa- O W Q U` z M ga W O� o Q � ' U !0 75 V. d L {d U .Q Q 01 L c p Wo U Z p a z z O c F- F- a) J V � Q O W LL J a LL j0. o O N U C zp N o a 00 IL N U 0 zw z O H C CD F O ++ J O W a w LO a J � a 1 ���, i j_- , 1 �_,% _.. _..._ NC[) North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 17, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9117 Mr. George W. Ware, Owner Jonas Ridge Properties P.O. Box 519 Newland,North Carolina 28657-0519 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 NCO060224 George W. Ware Jonas Ridge Adult Care Facility WWTP Case No. LV-20121-0144 Burke County Dear Mr. Ware: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$387.00 ($250.00 civil penalty+ $137.00 enforcement costs) against George W. Ware. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by George W. Ware for the month of March 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0060224. The violations which occurred in March 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that George W. Ware violated the terms, conditions or requirements of NPDES Permit NCO060224 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,l, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against George W. Ware: NorthCarolina AXAM7lr� SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 2997043 Internet:www.ncwaterguality.org 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0060224,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Cone. $250.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $387.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water 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 -1 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)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office or me at 828-296-4500. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments DWQ Central Files w/attachments DWQ NPDES Point Source w/attachments James&James Environmental/ORC w/attachments ti .SW BUfk&. 'aStMczter Minor`..fonts Ridge Adult Care 60224"LN20I2-01 44.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0144 County: Burke Assessed Party: George W. Ware Permit No.: NCO060224 Amount Assessed: $387.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS GEORGE W. WARE/ JONAS RIDGE ADULT ) CARE FACILITY WWTP ) PERMIT NO. NCO060224 ) FILE NO. LV-2012-0144 Having been assessed civil penalties totaling$387.00 for violations) as set forth in the assessment document of the Division of Water Quality dated August 17, 2012, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE m a m W cmi d x F w Z o, 0 m dID 0�1 O0 ¢' L > L a Z 0 W Ix �,�-� ? O J N a 0 w h W 3D Jaq J a U F J Y L m w ILW O N zz m E Q O �2 c.1 O } L r z (— z m o w w 3` N 7 d 's _ J w ami U m ji� a Q O1 w z m EN oQ z w O� o v — u. m L U 7 Q Of uj c 'Q W ° U QZ M 2 C a z z _ 0 m J V � Qw� w J Qa FL„a Cl D O N d N z O N H Oo N C) C zUJ M Z 0 m F_ C FO w Q d J w LO ,�y1 -.. `, \�/ -r; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 17, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9100 Mr. Robert Daniels, Director of Public Works Town of Forest City PO Box 728 Forest City NC 28043-0728 Subject: NOTICE OF VIOLATION NOV-2012-DV-0160 Permit No. WQCS00050 Town of Forest City Forest City Collection System Rutherford County Dear Mr. Daniels: A review has been conducted of the Forest City Collection System's self reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by the Town of Forest City. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00050 and/or G.S. 143-215.1(a)(1). The violation that occurred are summarized below. Area Violation Date Description Violation Type SSO 6-4-2012 Sanitary Sewer Overflow Discharge Without Valid Permit 12,000 gallons from MH#469 Incident#201201022 located upstream of Dogwood US Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI tt1CaT01111a Phone:828-296-45001 FAX:828-299-7043 Internet: www.ncwaterquality.orgg* aturall An Equal Opportunity 1 Affirmative Action Employer Mr. Robert Daniels, Town of Forest City August 17, 2012 Page 2 of 2 If you should have any questions, please do not hesitate to contact the Asheville Regional Staff or me at 828-296-4500. Sincerely, Chuck Cranford Surface Water Protection Section Supervisor Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files Reid Hammett—Collection System ORC PERCS Unit SASWRRutherford\Collection Systems\Forest City WQCS00050\NOV-2012-DV-0160 8-17-12.doc AM RESEW North Carolina Department of Environment and Natural Resources Division of Water Quality deverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary August 17,2012 MEMORANDUM TO: Jami Guynn, Division 11 Bridge Manager FROM: Michael R.Parker,NCDWQ,Asheville Regional Office PW SUBJECT: Avery County Bridge Replacement Scoping Review Comments In reply to your request,the NCDWQ offers the following comments for the projects listed below: Project Specific Comments B-5380: Bridge No. 141 over Fall Branch,NCSR 1114,Avery County 1. Fall Branch is class WS-V waters which flows a short distance to Plumtree Creek which is class WS- V;Trout. Due to the steep slopes and short distance to Plumtree Creek NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 3. Remove invasive Japanese Knott Weed. B-5383: Bridge No. 143 over Linville River,NCSR 1536,Avery County 1. The Linville River is class B-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 3. There are several acres of wetlands located in three of the four quadrants adjacent to the bridge adjacent to the Linville River. Impacts to this area should be avoided. SURFACE WATER PROTECTION SECTION-Asheville Regional Office 7�Tolle 2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 1V orthCaroli 1a Phone:er e vice:00 1-8 FAX:828-299-7043 �1� MA (/' GustomerService:1-877-623-8748 ��l l jjJJ-/ Internet:www,ncwaterquality.org An Equal Opportunity i Affirmative Action Employer General Comments Regarding Bridge Replacement Projects 1. NCDWQ is very concerned with sediment and erosion impacts that could result from these projects. NCDOT shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 2. If foundation test borings are necessary;it shall be noted in the document Geotechnical work is approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey Activities. 3. Any Low Impact Bridge Projects must fall under Nationwide Permit No. 3 to qualify for Low Impact; otherwise, standard permitting procedures will be required.Example(Regional General Permit No. 31,Nationwide Permit No.23,Nationwide Permit No. 13,etc.) 4. Whenever possible,NCDWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the stream banks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports(bents) should not be placed in the stream when possible. 5. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes, vegetated buffers,etc.)before entering the stream. Please refer to the most current version of NCDWQ's Stormwater Best Management Practices. 6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 7. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft J construction methods.More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 8. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated, and disposed of properly. 9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 10. All bridge construction shall be performed from the existing bridge,temporary work bridges, temporary causeways,or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position.Under no circumstances should barges be dragged along the bottom of the surface water. 11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags,rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 12. If concrete is used during construction,a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants,hydraulic fluids,or other toxic materials. 14. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species shall be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and minimizes soil disturbance. 15. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. 16. In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour shall be designed and located to avoid wetland impacts,minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment,the old structure shall be removed and the approach fills removed from the 100-year floodplain. Approach fills shall be removed and restored to the natural ground elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall not be used in riparian areas. Thank you for the opportunity to provide comments at this time. NCDOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information,please contact Mike Parker at 828-296-4500. cc: Monte Matthews,USACE,Raleigh Field Office Heath Slaughter,NCDOT,Division 11 Environmental Officer Marla Chambers,NCWRC Transportation Permitting Unit Avery County Bridge Replacement Program Scoping Comments Division 11 r-�, �.< : , _ \\_ , - _ - _. A*A_..... NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E Dee Freeman Governor Director Secretary August 20, 2012 CERTIFIED MAIL RETURN RECIEPT REQUESTED 7010 1870 0003 0874 9131 The Honorable Mel L. Cohen City of Morganton P.O. Box 3448 Morganton, North Carolina 28680 Subject: Department of Environment and Natural Resources and Environmental Management Commission vs. City of Morganton Special Order by Consent WQ S10-005 Stipulated Penalties S P-2012-0010 NPDES Permit Number NCO026573 Catawba River Pollution Control WWTP Burke County Dear Mayor Cohen: The City of Morganton entered into a Special Order by Consent (SOC) WQ S10-005 with the North Carolina Environmental Management Commission whereby operation of the City of Morganton Wastewater Treatment Plant (WWTP) has been placed under interim effluent limitations and an enforceable schedule while the existing WWTP is being upgraded. Under section 3 of the Special Order by Consent, the City of Morganton was required to comply with interim effluent limitations as set forth in the Consent Order. The WWTP failed to comply with the interim effluent limitations for BOD, Fecal and Total Suspended Solids contained in "Attachment A" of the Order for the month of May 2012. After careful review of this matter, I have not found grounds for sufficient justification to waive the stipulated penalty, therefore, and pursuant to section 3 of the Special Order by Consent, a stipulated penalty in the amount of$1,000.00 is now due for each violation for a total of$5,000.00. Payment by certified check payable to the Department of Environment and Natural Resources must be submitted to the Department at the address given below within thirty (30) days from receipt of this demand: Point Source Compliance/Enforcement Unit Division of Water Quality -� 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Asheville Regional Office one 2090 U.S.Highway 70,Swannanoa,North Carolina 28778� NorthCaTolina Phone: 828-296-4500/FAX: 828-299-7043/Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Admhi4 Mayor Mel L. Cohen August 20, 2012 Page Two You are reminded that payment of said penalties mentioned in this letter will not foreclose further penalties for any future or continuing violations, failure to meet deadline dates, or interim effluent violations. If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: 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 �1 1601 Mail Service Center Raleigh, North Carolina 27699-1601 If you have any questions concerning this notification please contact Janet Cantwell of this Office or me at(828) 296-4500. Sincerely, Al Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DENR General Counsel NPDES Point Source Unit S:"%StNP.Burke`Wastewater\s'Vlunicipal\Morcganton VVVVTP 26573tSP 2012-0010.doc - 1 v (v U a) a) W N a) a) w aU) N N W W W (6 W W a) Z � N rn rn rn m p � m Fam m > > > m a� d a) Q Q Q E q Q • p T T a N T z,L le N a) L C7 L > C > C Z O w Lug t` Lq 00 N Cl) o Q -It 600 O CO e W LU (D CO (pCD cc M J � Q U m � n d J Y L 7 m W E On 0 E E E E E m Dw O U 0 o 0 Q G N } U z C CD W Y Y �L ecf Y Y w O) N 3: d d a CCL w 3 3 3 3 3 3 = X X X X X X U a to to to n u) (o w w � CO z :°� o W N _ _N N N_ N N_ Q U at FQ °' Z M M w LD V' O� O O O O O O Q O , U C O V C O 7 O a a� W U U U U U 2 U U U O U U U is O O O W vi Va m m m (L F- F z p c c c c c c J U E (j O W LLI W W W W Q LL J ao- o 0 0 0 0 0 Fo o O O O o O O M ti O N _ O z04 � N N N T N N O to pp O O O CD CD O c Fn, N N N N N N O Z W U') ([J to LO to to Z :p p w O 2 H O O O O O O O O O O a z � S o C C C ui J C v} in es (n e3 / \ J / \' _'%I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild., PE Dee Freeman Governor Director Secretary August 20, 2012 CERTIFIED MAIL RETURN RECIEPT REQUESTED 7010 1870 0003 0874 9148 The Honorable William Hughes Town of Murphy P.O. Box 130 Murphy, North Carolina 28906 Subject: Department of Environment and Natural Resources and Environmental Management Commission vs. Town of Murphy Special Order by Consent WQ S11-001 Ad II Stipulated Penalties SP-2012-0011 NPDES Permit Number NCO020940 Murphy WWTP Cherokee County Dear Mayor Hughes: The Town of Murphy entered into a Special Order by Consent (SOC) WQ S11-001 with the North Carolina Environmental Management Commission whereby operation of the Town of Murphy Wastewater Treatment Plant (WWTP) has been placed under interim effluent limitations and an enforceable schedule while the existing WWTP is being upgraded. Under Section 2 of the SOC, the Town of Murphy was required to comply with the interim effluent limitations therein. The WWTP failed to comply with the interim effluent limitations for Total Suspended Solids as described in the Attachment A documents for the month of March 2012. After careful review of this matter, I have not found grounds for sufficient justification to waive the stipulated penalty, therefore, and pursuant to section 3 of the Special Order by Consent, a stipulated penalty in the amount of$1,000.00 is now due for each violation for a total of$3,000.00. Payment by certified check payable to the Department of Environment and Natural Resources must be submitted to the Department at the address given below within thirty (30) days from receipt of this demand: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778/� One 1 Phone: 828-296-4500/FAX: 828-299-7043/Internet: wwv.ncwaterquality.org NOrthCarOhna An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Aahmially Mayor William Hughes August 20, 2012 Page Two You are reminded that payment of said penalties mentioned in this letter will not foreclose further penalties for any future or continuing violations, failure to meet deadline dates or interim effluent violations. If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150E of the North Carolina General Statutes. You must file your original petition with the: 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 If you have any questions concerning this notification please contact Janet Cantwell of this Office or me at(828) 296-4660. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DENR General Counsel NPDES Point Source Unit S:I,SWi'\CherokeetWastewater\Municipal\MLirphy WWTP 205401SP-2012-0011.doc a a u w x z d m am m g a a a t N L N (A N N Z 0 W WE - 00 N lf� > o O N e 0 W gLU r- r Cl) ci> M J a U YCD o � d t Vr W r Oy E E E LLI O U 0 0 Q N U Z fl. N W a) m aYi W = ' 3 3 3 IL a _ z x x x U 0 LL M Cl) M Q a W z ~ 3coOW 04 0 Q H Z) Z 5 O c\ cn ❑ M M M lJJ O O O O Q ; U a W U U U F C C C U U U a � a n co U = a r- r r z F O C C C _ N N N U Q W W W LL J J Ha o 0 0 0 O O Qf N oz:� 0 (A 00 O O O a Ha N N N U O ZW Z = 0 (Q m F- C {- O O O � � J aE z o 0 C '�� ,Li' wr.a��. WDEI�R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 20, 2012 Kristin Bail USDA Forest Service 160 Zillicoa Street Suite A Asheville,North Carolina 28801 Subject: 401 Water Quality Certification -Approval South Fork Mills River Bank Stabilization DWQ Project#2012-0630 Transylvania County FRB03 / South Fork Mills River/6-54-3 / Class WSII; Tr; ORW Dear Ms. Bail: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 73 feet of streams for the purpose of stream bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Water Supply Watershed regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 One Internet:www.newaterquality.org No thCja}rolina An r—.1(lnnnrtnn tw Cffirrnotnro Cntinn P-N-ar - - USDA Forest Service August 20,2012 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Stream 10 (feet) Dam Removal Stream 45 (feet) Fill Eroded Side Channel Stream 18 (feet) Stream Bank Stabilization Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, E Charles Id, P.E., Director CWlkhb � Enc: GC3885 Certificate of Completion cc: David McHenry,NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy S:\S WP\Transylvania\401 s\Non-DOT\SouthForkMillsRiver.USDA\SForkMillsRiver.120630.Appvl.doc _A'4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman Governor Director Secretary August 21, 2012 Ms. Jan W. Grove Midway Medical Center P. A. P.O. Box 1409 Canton, North Carolina 28716-1409 Subject: NOTICE OF VIOLATION NOV-2012-LV-0424 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dear Ms. Grove: A review of Midway Medical Center WWTP's monitoring report for May 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 05/22/2012 45 mg/I 54 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, t / t Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S tSWP;Harvood\WastewaterlIV]inorsl idway Medical Center 224544NOV-2012-LV-0424.doc WAhCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org 1eK FAX (828)299-7043. JA NCDE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 21, 2012 Mr. J.J. Swain,Jr.,P.E. Division 13 Engineer N.C. Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Stormwater Inspection DWQ Project 10-1017 TIP No.U-2550B NC Highway 18 @ I-40 Burke County Dear Mr. Swain: On August 15, 2012,1 inspected the construction work on TIP Project No. U-2550B,NC Highway 18 at Interstate 40 in Burke County. The inspection included compliance with the 401 Water Quality Certification and review of Construction Stormwater records. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc:Brian C. Skeens, PE Roger Bryan, Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office R-2550B NC Highway 18 c@i I-40 August 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500 i FAX:828-299-7043 One www.ncwateraualitv.ora NorthCar'ohna An Equal Opportunity Affirmative Action Employer Vatmyogllt _� i \��.�. ��`: _.. _.. Wetland Inspection Report Project Num: 20101017 Version: 1 Status: Issued Project Name: NCDOT-NC 18(U-2550B) Project Type: Road maintenance/repair/improvements County: Burke Region: Asheville Location: NCDOT-NC 18(U-2550B) Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 08/15/2012 Reason for Inspection: Routine Inspection Type:Records/File Review(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: Construction SW(NCG010000) Question Areas: NCG010000 Permit Inspection Summary: The project appeared to be in very good condition as related to the 401 Certification and Stormwater Permit. Records appeared to be maintained in a very good manner. Continue to maintain sediment and erosion control structures as required and seed and mulch as required. Seeding and mulching were taking place during the inspection. i Page: 1 Project Num: 20101017 Owner: NC DOT PDEA Inspection Date: 08/15/2012 Inspection Type: Records/File Review(DOT) Reason for Visit: Routine NCG010000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? ■ n n n If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? ■ In n n Is the site maintaining their E&SC measures as per DLR or delegated program? ■ n n n Is a copy of the approved E&SC plan on site? ■ In n n Is a rain gauge present on-site or is MPE in use for the site? ■ n n n Is rain gauge data or MPE data recorded? ■ n n n Are inspection records complete? ■ n n n Is the site compliant with other conditions of the NCG010000 permit? ■ n n n Comment: Page: 2 NTA rC6ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 21,2012 Mr.J. J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection TIP No.B-5113C Bridges 352-353 Burke County Dear Mr. Swain: On August 15, 2012,I inspected the construction work on TIP Project No. B-5113C,NCSR 1874, in Burke County. The inspection included a review of the construction and compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, t Michael R. Parker Environmental Senior Specialist Attachment cc: Brian C. Skeens,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-5113C NCSR 1874 August 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296A5001 FAX:828-299-7043 One Internet:www.ncwatemualitv.org NOrthCarolina An Equal Opportunity 1 Affirmative Action Employer ;Va ft=4 Site Inspection Report Site Number: WT000490 Site Name: B-5113C Site Address: Po Boox 3279 County: Burke Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 08/15/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Work consisted of paving the new cross overs. Sediment and erosion control devices appeared to be working properly. Continue to maintain sediment and erosion control structures. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? ❑ n ❑ Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Page: 1 A C jfh' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 21,2012 Mr. J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 221 DWQ Project 08-1809 Individual Certification No. 3784 TIP Nos.R-2233AA and AB Sections Rutherford County Dear Mr. Swain: On August 13,2012,I inspected the construction work on the US Highway 221 Project,R-2233AA and AB Sections, in Rutherford County. Construction continues along most of the project with heavy grading,bridge construction, culvert construction,pipe installation and roadbed preparation. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection reports for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Brian C. Skeens, PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 221August 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterouality.org NofthCar011na An Equal Opportunity i Affirmative Action Employer Natmally Wetland Inspection Report Project Num: 20081809 Version: 1 Status: Issued Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening County: Rutherford Region: Central Location: NCDOT-US 221 (R-2233a) Latitude: +35°12'21" Longitude: -81°50'18" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 08/13/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): l Facility compliance Status: M Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: N Permit(401 WQC) Inspection Summary: Construction is continuing on project with bridge construction,culvert constructiono,heaving grading and paving. Remove any lost sediment from stream below culvert at Station No. 146+00. Check and clean sediment from structures in the median on both the AA and AB sections. Continue to maintain all sediment and erosion control structures and seed and mulch all areas within 15 days. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n Comment: Page: 1 AZ4,L�'� 'A ,)r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 21, 2012 Gary Wright Cherokee County Schools 911 Andrews Rd Murphy NC 28906 SUBJECT: Compliance Evaluation Inspection Hiwassee Dam School Permit No: NCO035386 Cherokee County Dear Mr. Wright: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 14, 2012. The facility was found to be in Compliance with permit NC0035386. It must be noted, however, of several issues that need attention. Those are: excessive vegetation on one side of the sand filter and an unsecured well vault. The concrete block needs to be replaced with an adequate locking mechanism. The alarm needs to be tested and verified that it is in working order. These should be addressed and completed by September 07, 2012. Please contact me when this has been done. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4678 Sincerely, Katherine H. Jimiso Chemistry Technician Enclosure cc: Mark Fredrick Teague, ORC Central Files Asheville Files C:\Documents and Settings\khjimison2\Desktop\35386 CEI.12.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NorthCarolliina Internet:www.ncwaterauality.org ;Vah(AM4 United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I 2 15 I 11 NCO035386 111 121 12/08/14 117 18ICI 19I S I 201 I 211III II RemarksIIIIIIIIII IIII IIII IIII IIIIIIIIIIII IIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 701 I 71 I I 72I N I 73I _u I 174 75[ 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) Hiwassee Dam School 02:55 PM 12/08/14 07/11/01 NC Hwy 294 Exit Time/Date Permit Expiration Date Murphy NC 28906 03:10 PM 12/08/14 12/08/31 Name(s)of Onsite Representative(s)/Titles(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 Gary Wright,911 Andrews Rd Murphy NC 28906//828-837-2722/ Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations& Maintenance E Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers JanetZ(Cantwe ARO WQ//828-296-4500 Ext.4667/Kathy 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 NCO035386 111 12I 12/08/14 117 18I cI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) It was noted that there was a concrete block placed upon the well vault cover. This vault should be locked and secured to prevent access by unauthorized personel. One side of sand filter had a substatntial amount of vegetation growing on it. This was noted in the last compliance inspection conducted on June 30, 2011. Removal of all vegetation should be completed by 09-07-12. Please contact the ARO when this has been completed. It should be noted that the ORC was not on site during this inspection. The overflow alarm needs to be tested and verified that it is operational. Please contact Ms. Jimison at 828-296-4678 when this has been completed and verified. Page# 2 Permit: NCO035386 Owner-Facility: Hiwassee Dam School election Date: 08/14/2012 Inspection Type: Compliance Evaluation ?ermit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ D n Is the facility as described in the permit? ■ Cl ❑ 1=1 #Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? fl ■ n 0 Is the inspector granted access to all areas for inspection? ■ 0 ❑ 0 Comment: It was noted that there was a concrete block placed upon the well vault cover. This vault should be locked and secured to prevent access by unauthorized personel. Sand Filters(Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? n o ❑ ■ Is the distribution box level and watertight? n ❑ n ■ Is sand filter free of ponding? ■ 0 ❑ Is the sand filter effluent re-circulated at a valid ratio? C1 0 0 ■ #Is the sand filter surface free of algae or excessive vegetation? ❑ ■ 0 n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) 0 ❑ ❑ ■ Comment: One side of sand filter had a substatntial amount of vegetation growing on it. This was noted in the last compliance inspection conducted on June 30, 2011. Removal of all vegetation should be completed by 09-07-12. Please contact the ARO when this has been completed. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ D 0 ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge n 0 ■ 0 Judge, and other that are applicable? Comment: It should be noted that the ORC was not on site during this inspection. Effluent Pipe Yes No NA NE. Is right of way to the outfall properly maintained? ■ D 0 0 Are the receiving water free of foam other than trace amounts and other debris? ■ 0 0 n If effluent (diffuser pipes are required) are they operating properly? I] ❑ ■ 0 Comment: Page# 3 NCDER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Paves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 21, 2012 Tony Konsul - Carolina Water Service Inc of NC PO Box 240908 Charlotte NC 282240908 SUBJECT: Compliance Evaluation Inspection Bear Paw WWTP Permit No: NCO023001 Cherokee County Dear Mr Konsul: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 14, 2012. The facility was found to be in Compliance with permit NC0023001. The assistance by Mr. Phillip Murphy/ORC was greatly appreciated. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at: 828-296-4500 - Sincerely, Katherine H. Jimis Chemistry Technician Enclosure cc: Phillip K Murphy, ORC Central Files Asheville Files C:\Documents and Settings\khjimison2\Desktop\lnsp.Bear Paw.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NorthCarofina Internet:www.ncwaterguality.org ;Vatmmllty United States Environmental Protection Agency EPA/� Washington,D.C.20460 Form Approved. OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 151 11 NCO023001 111 121 12/08/14 117 18I C I 191111 20III 211III IIIIIIII IIIII Remarks IIIIIIIIIII IIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67 I 169 70 I_I 71 I_I 721 N I 73 I u_1 I 174 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) Bear Paw WWTP 01:55 PM 12/08/14 07/11/01 100 M Below Hiwassee Dam Exit Time/Date Permit Expiration Date Murphy NC 28906 02:40 PM 12/08/14 12/08/31 Name(s)of Onsite Representative(s)/Titles(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 282240908//704-525-7990/7045258174 Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Flow Measurement ■Operations&Maintenance 0 Facility Site Review N Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwel l%C� ARO WQ//828-296-4500 Ext.4667/ /7 Kathy Jimison � l ARO WQ//828-296-45001 � �L 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 A NPDES yr/mo/day Inspection Type 3 NC0023001 111 12, 12/08/14 17 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Phillip Murphy/ORC assisted in the inspection of this facility. The plant appears to be well maintained, however, due to the age of the facility, there are areas of rust and deterioration that should be addressed. Phillip Murphy, the plant ORC, stated: since in installation of the facility, another dam was constructed down stream of the facility and therefore, the water level has risen and covered the effluent pipe. We have a general idea of the location of the effluent discharge pipe. �1 Page# 2 Permit: NCO023001 Owner-Facility: Bear Paw WWTP .aspection Date: 08/14/2012 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n 0 f_I Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ n n Judge, and other that are applicable? Comment: The plant appears to be well maintained, however, due to the age of the facility, there are areas of rust and deterioration that should be addressed. 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 Are surface aerators and mixers operational? n ❑ ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? n n n ■ Does the foam cover less than 25%of the basin's surface? n n ❑ ■ Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n 0 ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Page# 3 Permit: NCO023001 Owner-Facility: Bear Paw WWTP Inspection Date: 08/14/2012 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of evidence of short-circuiting? ■ 0 n 0 Is scum removal adequate? ■ I_I Q 0 Is the site free of excessive floating sludge? ■ n Is the drive unit operational? ■ 0 Q fl Is the return rate acceptable(low turbulence)? ■ 0 Q 0 Is the overflow clear of excessive solids/pin floc? ■ 0 n Is the sludge blanket level acceptable? (Approximately'/,of the sidewall depth) 0 ❑ 0 ■ Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ 0 ❑ f_I Is flow meter calibrated annually? ■ 1=l fl F1 Is the flow meter operational? ■ fl fl fl (If units are separated)Does the chart recorder match the flow meter? ❑ ❑ n ■ Comment: The last calibration of this instrument was in October 2011. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? f_I ❑ ■ rl Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ n Comment: Phillip Murphy, the plant ORC, stated: since in installation of the facility, another dam was constructed down stream of the facility and therefore, the water level has risen and covered the effluent pipe. We have a general idea of the location of the effluent discharge pipe. Page# 4 .r...r/r.r.�.r.� MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary August 21, 2012 Mr. Jason Neely Plant Manager Tennessee Valley Authority 1101 Market Street LP 3D Chattanooga TN 37402 SUBJECT: Compliance Evaluation Inspection Hiwassee Hydro Plant Permit No: NCO027359 Cherokee County Dear Mr. Neely: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 14, 2012. The facility was found to be in compliance with permit NC0027359. The assistance of Steve Williams and Pamela Wilcoxon was greatly appreciated in the inspection of 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 Sincerely, Katherine H. Jimis n Chemistry Technician Enclosure cc: Central Files Asheville Files C:\Documents and Settings*hjimison2\Desktop\27359 CEI 12.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone: (828)296-4500\FAX:828 299-7043 NorthCarolina Internet:www.ncwaterauality.org ;Va&nz1h �/ �� ��� J _. _... United States Environmental Protection Agency Form Approved. E P q Washington,D.C.20460 OMB No.2040-0057 /1 er anrp on 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 N I 2 ( 5 I 31 NCO027359 111 121 12/08/14 117 181 C I 19I S I 20II Remarks 211 1 1 1 I I I I I I I Lt I I I I I I I I I H I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70I I 71 I I 72I N I 73[_U 74 751 I I I I I 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) Hiwassee Hydro Plant 01:00 PM 12/08/14 07/10/01 Near Hiwasse Exit Time/Date Permit Expiration Date Murphy NC 28906 01:50 PM 12/08/14 12/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Melissa S Tupps,Cummings Hwy Chattanooga TN 37419//423-825-3008/4238253030 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Operations&Maintenance 0 Self-Monitoring Program N Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQH828-296-4500 Ext.4667/ Kathy Jim' n ARO WQH828-296-4500/ � Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO027359 I11 12I 12/08/14 117 18LC Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Steve Williams and Pamela Wilcoxon assisted in the inspection of this facility. Data and record keeping appear to be well maintained. Visual inspection of the discharge area of the facility revealed that it is well maintained. Mr. Williams stated a small oil leak from some equipment was being captured by absorbent padding and was not reaching the receiving stream. It appeared to be working effectively. The effluent discharge appeared clear. Page# 2 Permit: N00027359 Owner-Facility: Hiwassee Hydro Plant ,pection Date: 08/14/2012 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ n Cl Is the facility as described in the permit? m f_1 D n #Are there any special conditions for the permit? 11 (1 0 I_l Is access to the plant site restricted to the general public? ■ ❑ Q n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ fl f-1 11-1 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 0 0 Judge, and other that are applicable? Comment: Page# 3 R-CU R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary August 22, 2012 Jeffery V Morse Town of Valdese P.O. Box 339 Valdese NC 28690 SUBJECT: Pretreatment Compliance Inspection Lake Rhodiss WWTP Permit No: NCO041696 Burke County Dear Mr. Morse: Enclosed please find a copy of the Pretreatment Compliance Inspection conducted on June 5, 2012. The Pretreatment Compliance Inspection was conducted by Keith Haynes and Jeff Menzel of the Asheville Regional Office. As a portion of this inspection, - a review of the Town's Pretreatment Annual Report (PAR) for 2012 was also preformed. The facility was found to be in Compliance with permit NCO041696 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Chris John Bortnick, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One- Phone:(828)296-4500\FAX:828 29 -7043 NOI CtiCaTOlina Internet:www.ncwaterauality.orq " ;Va irallff S:\SWP\Burke\Wastewater\Municipal\Valdese WWTP 41696\PCI cover 2012.docx : ► iFA ► N N'CQENR ORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT AUDIT REPORT Background Information [Complete prior to audit; review Program Info Database Sheet(s)] 1. Control Authority(POTW)Name: Lake Rhodhiss WWTP 2. Control Authority Representative(s): Chris Bortnick 3. Title(s):Lab/Pretreatment Director 4. Address of POTW: Mailing PO Box 339 City Valdese Zip Code 28690 Phone Number 828-879-2131 Fax Number 828-874-5915 E-Mail cbortnick6W.valdese.nc.us 5. Audit Date 6/05/12 6. Last Inspection Date: 9/14/10 Inspection Type: M PCI ❑Audit 7. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ❑Yes M No If No,Explain.No additional requirements made during the inspection 8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? M Yes ❑ No If Yes,Explain.TSS 85% removal,all short term 9. Is POTW under an Order That Includes Pretreatment Conditions? ❑Yes M No Order Type and Number: Are Milestone Dates Being Met? ❑Yes ❑ No ❑ NA Parameters Covered Under Order PCS(WENDB)Codinz Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type LN INIC10 10 14 I1 I6 19 I6 I I06I05 112 (DTIA) (TYPI) (INSP) (FACC) _10.....Current.Number of Significant Industrial Users(SIUS)?...........................................:............................:...........................................:....... 7 SIDS ................... 1.1.. Current.Number of Categorical Industrial Users(CIUS)?......................................................:................................................................... 0 CIIIS 12. Number of SIUs Not Inspected by POTW in Last Calendar Year? 0 ....... .................................................................................................................................................... ................... 13. Number of SIUs Not Sampled by POTW in Last Calendar Year? 0 . ............................................................................................................................................................................................................................................................................................... ................... 14. Enter Higher Number of 12 or 13 0 NOIN .................... .......................................................................................................................................................................................................................................................... ................. .15. Number of SLUs with No]UP,or with an Expired IUP.......................................................................:......................................................... 0 NOCP ........................................................................ . ................... 16. Number of SIUs in SNC for Either Reporting or Limits Violations Durin 1 PSNC Semi-Annual Periods(Total Number of SIUs in SNC) .................................................................................................................................................................................................................................................................................... ................... 17. Number of.SIUs i.n SNC for Reporting During Either of Last 2 Semi-Annual Periods 1 MSNt .......................................................................................................... ................... 18. Number of SIUS in SNC for Limits Violations During Either of Last 2 Semi-Annual Periods 0 SNPS ................... 19. Number of SIUs in SNC for Both Reporting and Limits Violations Durin 0 \, Semi-Annual Periods ................... 20. Number of SIUs in SNC for Self.Monitoring Requirements that were Not Inspected or Sampled 0 SNIN NC'TWO PrPtraatm Pnt An`lit Pn— P—i-1- hdv 7S ')W17 D___ 1 21. PRETREATMENT PROGRAM ELEMENTS REVIEW- Review POTW files, verify POTW hs\ Program Element in their File,complete with all supporting documents and PERCS Approval Letter, and dates col. Program Info: Program Element Last Submittal Last Approval Dat. Date In file? Date In file If Ap` Headworks Analysis(HWA) 9/30/09 ®Yes❑ No 12/15/09 ®Yes❑ No 4/1/14 `. Industrial Waste Survey(IWS) 10/18/10 ®Yes❑ No 01/14/2011 ®Yes❑ No 11/01/15 Sewer Use Ordinance(SUO) 3/22/07 ®Yes ❑ No 6/14/07 ®Yes ❑ No 12/31/12 Enforcement Response Plan(ERP) 3/22/07 ®Yes❑ No 6/14/07 ®Yes❑ No Long Term Monitoring Plan(LTMP) 6/1/04 ® Yes ❑ No 7/30/04 ®Yes ❑ No Legal Authority(Sewer Use Ordinance-SUO) 22. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction? ®Yes❑ No If yes,Please list these towns and/or areas.Drexel,Rutherford College,Eastern Burke 23. If yes to#22,Do you have current Interjurisdictional Agreements(IJAs)or other Contracts? ®Yes❑ No ❑NA A copy,if not already submitted,should be sent to Division. 24. If yes to#22,Have you had any trouble working with these towns or districts? ❑ Yes ® No ❑NA If yes,Explain. 25. Date of Last SUO Adoption by Local Council 11/6/06 26. Have you had any problems interpreting or enforcing any part of the SUO? ❑Yes® No If yes,Explain. Enforcement(Enforcement Response Plan-ERP) 27. Did you send a copy of the ERP to your industries? ®Yes ❑ No If no,POTW must send copy within 30 days. 28. Have you had any problems interpreting or enforcing any part of the ERP (i.e. any adjudication, improper enforcement, etc? ❑Yes ® No If yes,Explain. 29. List Industries under a Schedule or Order and Type of Schedule or Order None Resources 30. Please Rate the Following: S=Satisfactory M=Marginal U=Unsatisfactory Rating Explanation,if Unsatisfactory Personnel Available for Maintaining POTW's Pretreatment Program ®S❑M❑U Access to POTW Vehicles for Sampling, Inspections, and ®S ❑M❑U Emergencies Access to Operable Sampling Equipment ®S❑M❑U Availability of Funds if Needed for Additional Sampling and/or Analysis ®S❑M❑U Reference Materials ®S❑M❑U Staff Training (i.e. Annual and Regional Workshops, Etc.) ®S❑M❑U Computer Equipment (Hardware and Software) ®S❑M❑U XTO nafn D—+..o.,+---+ A-A.+r,....., n,.4—A. F-1-11Z 1nr,� 31. Does the POTW have an adequate data management system to run the pretreatment program? ®Yes❑ No Explain Yes or No.excel and word 32. How does the POTW recover the cost of the Pretreatment Program from their industries?Explain. Monthly fee and water bill Public Perception/Participation 33. Are there any local issues affecting the pretreatment program (e.g.. odor,plant closing,new or proposed plants)? ®Yes ❑ No If yes,Explain.Will soon have new industrial laundry SIU 34. Has any one from the public ever requested to review pretreatment program files? ❑Yes® No If yes,Explain procedure.If no,How would the request be addressed?Public info 35. Has any industry ever requested that certain information remain confidential from the public? ❑ Yes ® No If yes, Explain procedure for determining whether information qualified for confidential status, as well as procedure for keeping files confidential from public. If no.how would the request be addressed?. Verbal agreement 36. In addition to annual inspection, does the POTW periodically meet with industries to discuss pretreatment? ® Yes ❑ No 37. Is the public notified about changes in the SUO or Local Limits? ❑Yes® No 38. Were all industries in SNC published in the last notice? ® Yes❑ No Permitting(Industrial Waste Survey-IWS) 39a.How does the POTW become aware of new or changed Users?IWS and water billing records 39b. Once the POTW becomes aware of new or changed Users, how does the POTW determine which industries have the reasonable potential to adversely impact the WWTP and therefore require a new permit or a permit revision? (Who is an SIU?)flow,type,inspections,records request 40. Does the POTW receive waste from any groundwater remediation projects (petroleum, CERCLA) or landfill leachate? ❑Yes ®No If Yes,How many are there? Please list each site and how it is permitted,if applicable. 41. Does the POTW accept waste by(mark if applicable) ❑ Truck ❑Dedicated Pipe ®NA 42. If the POTW accepts trucked waste,what controls are placed on this waste? (example. designated point,samples drawn,manifests required)N/A 43. How does the POTW allocate its loading to industries?Mark all that apply ®Uniform Limits ®Historical Industry Need ❑By Surcharge ❑Categorical Limits ❑Other Explain Other: 44. Review POTW's copies of current allocation tables for each WWTP. Are there any over allocations? ❑Yes ® No If yes, What parameters are over allocated? 45. If yes to#43,What is being done to address the over allocations?(short-term IUPs,HWA to be revised,pollutant study, etc.) 46. Does the POTW keep pollutant loading in reserve for future growth/safety? ❑ Yes ❑ No If yes,what percentage of each parameter 10%phenols;20% BOD; 40%TSS 47. Has the POTW experienced any difficulty in allocation?(for example:adjudication by an industry) ❑Yes ® No If yes,Explain. 48. How does the POTW decide on which pollutants to limit in the permits?Monitor for? (for example:were only those pollutants listed on the application limited;categorical parameters;NPDES Pollutants of Concern)Historical XT('T)Alfn Dr---+---+ A,A:+L'.,— Do.4—A. 1„1-7: IAW7 49. How does the POTW decide what the monitoring frequency should be for the various pollutants in ind), Explain. Has not changed. Permit Compliance 50. Does the POTW currently have or during the past year had any permits under adjudication? ❑Yes® No If yes,which industries? What was(will be)the outcome of the adjudication? 51. Demonstrate how the POTW judges compliance. This should include compliance judgment on all violations of limits, reporting requirements,and permit conditions,as well as for SNC.Excel spreadsheet 52. Does the POTW use the Division's model inspection form or equivalent? ® Yes❑ No If no,does the POTW form include all DWQ data? ❑Yes❑ No 53. Were all SIUs evaluated for the need of a slug/spill control plan during their most recent inspections? ®Yes ❑ No If no,Explain. 54. What criteria are used to determine if a slug/spill control plan is needed? Amount of chemicals and proximity to sewer access 55. What criteria does the POTW use to determine if a submitted slug/spill control plan is adequate? Review and inspection 56. How does the POTW decide where the sample point for an SIU should be located? Feasibility of location and safety 57. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SILT each time? (example: correct location; proper programming of sampler; clean equipment; swirling the sample bucket uniformly) POTW: ®Yes❑ No SIU: ®Yes❑ No If yes,Explain.Review with SILT during inspections 58. Who performs sample analysis for the POTW for Metals Blue Ridge Labs Conventional Parameters POTW and Blue Ridge Organics Blue Ridge Labs 59. Explain the Chain of Custody Procedure used for both in house and commercial lab samples. POTW has own COC Approved by DWQ lab certification Long/Short Term Monitoring Plan(L/STMP)and Headworks Analysis(HWA) 60a. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 60b. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO 60c. Is LTMP/STMP Data Maintained in Table or Equivalent? ® YES ❑NO Is Table Adequate? ®YES ❑NO 60d. All LTMP/STMP effluent data on Discharge Monitoring Report(DMR)?®YES❑NO 60e. If NO to any above,list violations 60£ Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: 61. Do you complete your own headworks analysis(HWA)? ®Yes❑ No If no,Who completes your HWA? Phone(� -- 62. Do you have plans to revise your HWA in the near future? ®Yes❑ No If yes,What is the reason for the revision?(mark all that apply) ❑Increased average flow ®NPDES limits change ❑More LTMP data available ❑Resolve over allocation ❑5 year expiration ®Other Explain.New SIU 63. In general,what is the most limiting criteria of our HWA? Inhibition Pass Through g g y ❑ ❑ ®Sludge Quality 64. Do you see any way to increase your loading in the future(Example: obtaining more land for sludge disposal)? ❑Yes ❑ No Explain.No need P...+roo+,—+ A,,.i;+R.,— D o,.—A• f—i—-)c IA11-7 ummary 65. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment? No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS AND 1 IU INSPECTION) 66. User Name 1.Valdese Weavers#3 IF 2.BSN-Jobst 3. Sara Lee Bak,, 67. IUP Number 024 023 L 68. Does File Contain Current Permit? ® Yes ❑ No ®Yes ❑ No 69. Permit Expiration Date 12/31/10 12/31/10 12/31; 70. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A na na F na 71. Does File Contain Permit Application Completed Within One Year Prior ® Yes ❑ No ®Yes C ❑ No ®Yes [=, to Permit Issue Date? 72. Does File Contain Inspection Completed Within Last Calendar Year? ® Yes ❑ I ®Yes ❑ No ®Yes ❑ 73. a.Does File Contain Slug/Spill Control Plan? a. ®Yes❑No a. ®Yes ON ][b. . ®Yes ❑1 b.If No, is One Needed?(See Inspection Form from POTW) b. ❑Yes❑No b. oyes❑No Dyes ❑: 74. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic ❑Yes❑NoSN/A ❑Yes❑NoSN/A ❑Yes❑No® Organic Management Plan(TOMP)? 75. a.Does File Contain Original Permit Review Letter from Division? a. ®Yes❑114 a. MYes ❑No a. ®Yes ❑l b.All Issues Resolved? b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A b.❑Yes❑Nor_ 76. During Most Recent Semi-Annual Period, Did POTW Complete its ® Yes ❑ No ®Yes ❑ No ®Yes ❑ Sampling as Required by IUP, including Flow? 77. Does File Contain POTW Sampling Chain-Of-Custody Forms? I ® Yes ❑ No ®Yes ❑ 78. During Most Recent Semi-Annual Period, Did SIU Complete its ®Yes❑No❑N!A ®Yes❑No❑N/A ®Yes❑No❑ Sampling as Required by IUP,including Flow? 79. During Most Recent Semi-Annual Period,Did SIU submit all reports on ®Yes❑No❑N/A ®Yes❑No❑N/A ❑Yes❑NOE time? 80a. For categorical Ns with Combined Wastestream Formula (CWF), does ❑Yes❑No®N/A ❑Yes❑NoSN/A ❑Yes❑NoS file include process/dilution flows as Required by IUP? 80b. For categorical IUs with Production based limits, does file include ❑Yes❑NoSN/A ❑Yes❑NoSN/A ❑Yes❑NoS production rates and/or flows as Required by IUP? 81. During Most Recent Semi-Annual Period, Did POTW Identify All ®Yes El No ®Yes ❑ No ®Y? ,0 Limits Non-Compliance from Both POTW and SIU Sampling? i 82. During Most Recent Semi-Annual Period, Did POTW Identify All SYes❑No❑N/A ®Yes❑No❑N/A ❑Yes❑No® Reporting Non-Compliance from SIU Sampling? 83. a. Was POTW Notified by SIU (Within 24 Hours) of All Self- a.❑Yes❑No®N/A a.❑Yes❑No®N/A a.❑Yes❑NoB Monitoring Violations? b.Did Industry Resample and submit results to POTW within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No®N/A b.❑Yes❑No® c. If applicable, did POTW resample and obtain results within 30 days of a❑Yes❑No®N/A becoming aware of SIU limit violations in the POTW's sampling of SIU? c.❑Yes❑No®N/A c.pYes❑No® 84. During Most Recent Semi-Annual Period,Was SIU in SNC? ❑Yes.® No ❑Yes ® No 11 ❑Yes 85. During Most Recent Semi-Annual Period, Was Enforcement Taken as ❑Yes❑No®N/A SYes❑NoSN/A ❑Yes❑NOS Specified in POTW's ERP(NOVs,Penalties,timing,etc.)? 86. Does File Contain Penalty Assessment Notices? ❑Yes❑NoSN/A ❑Yes❑NoSN/A ❑Yes❑NoS 87. Does File Contain Proof Of Penalty Collection? ❑Yes❑NoSN/A ❑Yes❑NoSN/A ❑Yes❑NoS 88. a.Does File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No®N!A a.❑Yes❑Nois b.Is SIU in Compliance with Order? b.❑Yes❑No®N/A]1 b.❑Yes❑No®N/A b.❑Yes0No2 89. Did POTW Representative Have Difficulty in Obtaining Any Requested ❑Yes ® No ❑Yes ® No ❑Yes Information For You? FILE REVIEW COMMENTS: Files were found to be in good order with required documents in place. _NDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type ICJ I N I C 10 I n 14 6 19 16 106 1 05 1 171 Lvv�J Is I L2_1 (DTIA) (TYPI) (INSP) (FACC) 1. Industry Inspected: Klean Tech INC. 2. Industry Address: 690 Love Lady Road NE 3.Type of Industry/Product: Industrial Laundry 4. Industry Contact: Tim Glenn Title: Phone: Fax: 5.Does the POTW Use the Division Model Inspection Form or Equivalent? ® Yes ❑ No 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ®Yes ❑ No B. Plant Tour ®Yes ❑ No C. Pretreatment Tour ®Yes ❑ No D. Sampling Review Z Yes ❑ No E. Exit Interview ® Yes ❑ No Industrial Inspection Comments: This Industrial Laundry was not in operation yet at the time of inspection. Audit SUMMARY AND COMMENTS: Audit Comments: Vert/good program Requirements: none Recommendations: none NOD: ❑Yes ® No NOV: ❑Yes ® No QNCR: ❑Yes Z No POTW Rating: Satisfactory ® Marginal ❑ Unsatisfactory❑ Audit COMPLETED BY: Jeff Menzel DATE:July 6,2012 Asheville Regional Office NC DWO Pretreatment Audit Form Revicerl• hily?5 ?0(17 D 0 7 .\ _-\ l`V l I'��, &74L) WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 23, 2012 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Subject: NOTICE OF VIOLATION NOV-2012-LV-0429 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: A review of Days Inn West WWTP's monitoring report for May 2012 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, M- 05/07/2012 400 830 #/100mI Daily FC Broth,44.5C #/100ml 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 forthe subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section CC' DWQ Asheville Files DWQ Central Files James & James Environmental/ORC One S:ISWPtBuncombelWastewater\AAinors\Days inn'JVest 25933',N0V-2012-!V-0429.d0c NotthCarohna ,Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 . �•.� �/ t 1•� NODENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 23,2012 Haywood County DWQ Project 20080943V.2 NCSR 1870 Shady Brook Road Approval of 401 Water Quality Certification with Additional Conditions Mr.J. B. Setzer, P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina, 28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below, for the following impacts in three(3)unnamed tributaries to Henson Cove Branch,for the purpose of widening and making improvements to NCSR 1870 (Shady Brook Road in Haywood County: Stream Impacts in the French Broad River Basin Site Streambank Stream Permanent Temporary Total Stream Stabilization in Relocation Fill in Impacts in Stream Impacts Perennial In Perennial Perennial Perennial Impact Requiring Stream Stream Stream Stream (linear ft) Mitigation (linear ft) linear ft) (linear ft) (linear ft) linear ft) Site 1 0 0 30 60 90 30 Site 2 100 0 0 0 100 0 Site 3 0 40 0 100 140 40 Site 4 0 0 0 80 80 0 Site 5 0 0 90 0 90 90 Site 6 0 0 3 50 53 3 Site 7 0 80 0 100 180 80 Site 8 0 0 0 100 100 0 Site 9 0 260 0 300 560 260 Site 10 0 0 20 75 95 20 Total 100 380 143 865 1488 403 Total Permanent Stream Impacts for Project: 143 lin. ft.Total Temporary Stream Impacts for Project: 865 linear ft. Total Streambank Stabilization for Project: 100 linear ft. Total Stream Relocation Impacts for Project: 380 linear ft. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone: 6-4500\FAX:828-239-7043 atura��� Internet:: www.ncwaterqual4.org An Equal Opportunity t Affirmative Action Employer Mr. J. B. Setzer,P.E. August 23, 2012 Page Two The project should be constructed in accordance with your application dated August 8, 2012 (received August 15, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet,compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road constructio-' activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features J. B. Setzer, P.E. august 23,2012 Page Three encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. All channel relocations will be constructed in a dry work area,will be completed and stabilized prior to diverting water into the new channel. Whenever possible,channel relocations shall be allowed to stabilize for an entire growing season. 6. Compensatory mitigation for 403 linear feet of impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program(EEP), and that EEP has agreed to implement the mitigation for the project. EEP has indicated in a letter dated August 8,2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project, in accordance with the EEP Mitigation Banking Instrument signed July,28,2010. 7. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 8. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 9. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 10. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 18. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 20. 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. 21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. Mr.J. B. Setzer,P.E. August 23,2012 Page Four v 22. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 23. 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. 24. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 25. 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. 26 The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all ' work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or—�, civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the 1 J Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, ,--Charles Wakild,P.E.,pirect�or Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental r Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 08-0943V.2(Setter)NCSR 1870-Shady Brook Road A47LA L FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Beverly Eaves Perdue Director Dee Freeman Governor Secretary August 24, 2012 Mr. Joe Hall, Registered Agent Black Bear Development Inc. 608 Marina Drive Nebo,NC 28761-9202 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9179 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Black Bear Development Inc Dam Project NOV-2012-PC-0189 McDowell County Dear Mr. Hall: The Division of Water Quality has received correspondence from Clearwater Environmental Consultants, Inc. dated July 9, 2012, in response to the NOV noted above. The proposal includes the removal of sediment from an unnamed tributary to Lake James. Upon completion of the dam repair,the remaining sediment will be removed through the use of shovels and buckets for a distance of approximately 200 linear feet from the dam to Lake James. The remedial actions presented in the response have been found satisfactory and are approved with the following conditions. Conditions for Approval: • It has been reported that the dam will be built back to the original footprint. If any additional impacts other than the original footprint are anticipated then appropriate permits should be obtained and approved before work is initiated. • Meet the North Carolina Dam safety law requirements, if applicable, by the NC Division of Land Resources. • Stabilize the dam and surrounding area appropriately including permanent ground cover establishment to avoid sedimentation to the unnamed tributary below. If matting is used it should be all natural coir material. Updates regarding dam progress,routine evaluation, monitoring, and maintenance of site conditions until the dam site can be completed and stabilized, will be required. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCaTolina Phone: 296 45001 FAX:828-299-7043 Internet:: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Mr.Joe Hall August 24,2012 Page 2 of 2 Activities involved in this approved plan with conditions should begin immediately. Installation of coir logs or wattles should be completed immediately and before dam work is initiated. Submittal of the final report, is to be completed within thirty (30) days of receiving this notice. Should you have any questions regarding these matters, please contact me at(828) 296-4664. Sincerely, Tim Fox Environmental Specialist Surface Water Protection cc: ARO File Copy Steve Kichefski—The US Army Corp of Engineers Asheville Field Office Laura Herbert P.E. —The Division of Land Resources Wade Harmon—Duke Energy Lake Services Clement Riddle—ClearWater Environmental Consultants,Inc. S:\SWP\McDowell\Complaims\Lake James Black Bear Development\APRVL.BlackBearIncDam.08.24.12.doc RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Beverly Eaves Perdue Director Dee Freeman Governor Secretary August 24, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9162 Clay E. Heck 125 Watch Knob Lane Swannanoa,NC 28778 SUBJECT: NOTICE OF VIOLATION AND RECOMMEDATION FOR ENFORCEMENT DWQ Tracking Number: NOV 2012-PC-0276 Stream Standard Violation- Other Waste (In-stream sediment) Buncombe County Response deadline: September 15, 2012 Dear Mr. Heck, On August 9, 2012 Tim Fox, from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at the end of Will Campbell Road PIN(968728795900000)in Buncombe County. Stream standard violations were noted during the inspection. Sediment impacts to Buckeye Cove Branch a Class C water body in the French Broad River Basin,were documented. As a result of the site inspection,the following violations were identified: VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Approximately 400 plus feet of Buckeye Cove Branch were impacted by sediment deposition measured to be approximately 2 to 6 (plus) inches in depth throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-7043 �� ` �� N�/�� Internet: www,ncwaterquality.org L An Equal Opportunity Affirmative Action Employer Clay E Heck August 24,2012 Page 2 of 3 REQUIRED RESPONSE The DWQ requests that you respond by September 15,2012. Your response should be sent to the attention of Tim Fox, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Stream Standard - Other Waste (In-Stream Sediment) a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Tim Fox of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including,techniques, manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Tim Fox. Heck gust 24,2012 age 3 of 3 Thank you for your attention to this matter. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Tim Fox at(828)296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: ARO File Copy Buncombe County Erosion Control S:\SWP\Buncombe\Complaints\will Campbell road\NOV-2012-PC-0276.willcambell.08-2012.docx ,� /�__,\ _fI �__/ _._ i• �R RUDER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August, 24 2012 Biltmore Farms Inc. c/o Lee Thomason PO Box 5355 Asheville,NC 28813 Flournoy Development Company c/o Ryan Foster 900 Brookstone Center Parkway Columbus, GA 31904 Subject: 401 Water Quality Certification-Approval Project Name: Aventine DWQ Project# 12-0589 Buncombe County French Broad River Basin/UT French Broad/'6—(54.5) /B Dear Mr. Thomason and Mr. Foster: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.087 acres of wetlands and 245 feet of streams for the purpose of construction for a multi-family residential development and associated infrastructure at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USAGE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control, buffer and floodplain regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 I�OrtllCdl"OIlI1c1 Internet:www.ncwaterquality.org 1�1 An Equal Opportunity':.Affirmative Action Employer lltlll",t�i[�l�' Biltmore Farms LLClFlourmoy Development Company August 24,2012 Page 2 of 2 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 245 (feet) UT to French Broad River 404/LAMA Wetlands 0.087 (acres) Impacts#l, #2, #3 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at 828- 296-4664. Sincerely, �d Charles Wakild, P.E., Director CWltrf Enc: GC3890 Certificate of Completion cc: Tasha McCormick- USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy City of Asheville Stormwater Services S:\SWP\Buncombe\401s\Non-DOT\Aventine\Approval—Template—I 2012.doc RZEN North Carolina Department of Environment and Natural Resources Division of Water Quality p Eaves Perdue Charles Wakild,P.E. Dee Freeman error Director Secretary August 24,2012 Mr.Roger Bryan Division 13 Environmental Officer NC Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: EXEMPTION from Stormwater Management Permit Regulations NCSR 2156 Cheek Road Buncombe County Dear Mr. Bryan: The Asheville Regional Office of the Division of Water Quality received your Stormwater Management Permit Application for the widening of NCSR 2156 Cheek Road in Buncombe County on August 20, 2012. Based on our review of the submitted project details you do not appear to be proposing a development activity at this location that would be subject to the Stormwater requirements as provided for in.Title 15A NCAC 02H.1000. Because the classification of the Morgan Branch is WSII; HQW,these activities are subject to Title 15A NCAC 02B .0104. Based on the application review,the proposed activities listed below,meet the requirements of the �- Title 15A NCAC 02B .0104. 1. Sheet flow on grass shoulders along the roadway. 2. Grassed roadway ditches. This exemption applies only to the State Stormwater Management Permit for the currently proposed activity. If at any time in the future,development of any part of this site is planned,as defined in 15A NCAC 02H .1000, or if the proposed activities differ in any manner from what is shown on the plans on file with the Division,you must submit the project for review of the applicability to the stormwater management rules. If you have any question concerning this matter,please contact me at(828)296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist cc: Ed Green,Division 13,Maintenance Engineer Britt McCurry,Buncombe County Maintenance Engineer Transportation Permitting Unit File Copy DOT SW Exemption Letter NCSR 2156 Cheek Road North Carolina Division of Water Quality,Asheville Regional Office Location:2090 U S Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043 NOrthCar011na Internet:www.ncwaterquality.org y* An Equal Opportunity\Affirmative Action Employer � 1 � 4�• CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 24,2012 Polk County DWQ Project 20120795 NCSR 1319(Dalton Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. J.B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below, for the following impacts in two(2)unnamed tributaries of Little White Oak Creek for the purpose of widening and making improvements to NCSR 1319(Dalton Road)in Polk County: Stream Impacts in the Broad River Basin Site Permanent Fill Stream Permanent Temporary Total Stream in Intermittent Relocation Fill in Impacts in Stream Impacts Stream (linear (linear ft) Perennial Perennial Impact Requiring ft) Stream Stream (linear ft) Mitigation linear ft linear ft linear ft Site 1 0 0 15 65 80 0 Site 2 0 0 15 65 80 0 Total 0 0 30 130 1 160 1 0 Total Permanent Stream Impacts for Project: 30 lin. ft.Total Temporary Stream Impacts for Project: 130 linear ft. The project should be constructed in accordance with your application dated August 10, 2012 (received August 23, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3886, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One t, t� -' Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 On 111Car011lla Phone:: www.ncwaterquality.org 1 FAX: 99 7043 ���'/N���� Internet: www.ncwaterquality.org KL An Equal Opportunity';Affirmative Action Employer Mr. J. B. Setzer,P.E. August 24,2012 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, an((� maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control` Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed,the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil)projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the` ~J most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. J.B. Setzer,P.E. .ugust 24,2012 Page Three 7. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 8. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 18. 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. 19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 20. 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. 21. 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. 22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 23. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. Mr.J. B. Setzer,P.E. August 24, 2012 Page Four 25. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Charles Wakild,P.E., D(e��ctor Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle, Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 12-0795(Setzer)NCSR 1319 Little White Oak Creek A'4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 24, 2012 Ms. Cathy Childrey Mizpah Healthcare Inc. P.O. Box 1029 Marion, North Carolina 28752-1029 Subject: NOTICE OF VIOLATION NOV-2012-LV-0437 Permit No. NCO074110 Mountain View Assisted Living WWTP Henderson County Dear Ms. Childrey: A review of Mountain View Assisted Living's WWTP monitoring report for March 2012 showed the following violations: - Parameter Date Limit Value Reported Value Limit Type DO, Oxygen, Dissolved 03/12/2012 6 mg/I 4.1 mg/I Daily Minimum Not Reached BOD, 5-Day (20 Deg. C) - 03/28/2012 15 mg/I 15.2 mg/I Daily Maximum Concentration Exceeded BOD, 5-Day(20 Deg. C) - 03/31/2012 10 mg/I 10.66 mg/I Monthly Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. 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, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S iSV%'P%HendersoniVVastewate(tMinors`.Pviounl,ain View Assisted Living 74'110\NC<%-2012-LV-0437.doc NorthCarolina ,Vaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 i '�.,:,/ __ ___ ___ AMA WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 27, 2012 James R Collins 5146 Odum Smallwood Rd Gainesville GA 30506 SUBJECT: Compliance Evaluation Inspection 10582 Lower Alarka Road Permit No: NCG551010 Swain County Dear: Mr. Collins Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 10, 2012. The facility was found to be in Compliance with permit NCG551010. 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.4657. Sincerely, Kevin H Barnett Environmental Specialist Enclosure cc: Central Files Asheville Regional Office Files S:\SWP\Swain\Wastewater\General\NCG55 SFR\NCG551010.CEI.2012.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 One Phone: (828)296-4500\FAX:828 299-7043 NoithCarolina Internet:www.ncwaterguality.orq 61t11rali'J \� �� /' �� i�-/i United States Environmental Protection Agency Form Approved. t p/� Washington,D.C.20460 OMB No.2040-0057 r/`1 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 151 31 NCG551010 111 121 12/08/10 117 181 C I 19I S I 20�i Remarks 21111I III IIII I I I I IIII I I I I I I II I I I I I I I I I I I I I I I I II16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA -------------—------------Reserved---------------------- 67I 169 70I 3 I 71(N I 72I N I 73I�1 I '74 75I I I I I I I 180 Section B: Facility Data I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Old Hwy 19 South site 02:30 PM 12/08/10 07/08/01 Old Hwy 19 S Exit Time/Date Permit Expiration Date Bryson City NC 28713 02:45 PM 12/08/10 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/Title/Phone and Fax Number James R Collins,5146 Odum Smallwood Rd Gainesville GA 30506//770-983-9468/ ContactedNo Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations&Maintenance N Facility Site Review N Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kevin H Barnett ARO WQ//828-296-4500 Ext.4657/ Signature o Wage ent Q A Reviewer Agency/Office/Phone and Fax Numbers Date 5 ;I lz EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCG551010 I11 12I 12/08/10 117 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Building is falling in, and abandoned.. WW treatment system not in operation, no discharge present. Page# 2 Permit: NCG551010 Owner-Facility: Old Hwy 19 South site pection Date: 08/10/2012 Inspection Type: Compliance Evaluation Jperations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ fl fl n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge Q n n ■ Judge, and other that are applicable? Comment: Facility is abandoned. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ Q ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ 0 0 If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ 0 Comment: Page# 3 A3 - -. A ERR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary August 27, 2012 Jimmy J Davenport 6884 Tusquittee Rd Hayesville NC 28904 SUBJECT: Compliance Evaluation Inspection 6884 Tusquittee Road Permit No: NCG550427 Clay County Dear Mr. Davenport: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 10, 2012. The facility was found to be in Compliance with permit NCG550427. 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.4657. Sincerely, Kevin H Barnett Environmental Specialist Enclosure cc: Central Files Asheville Regional Office Files S:\SWP\Clay\Wastewater\General\NCG55 SFR\NCG550427.CEI.2012.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 One Phone: (828)296-4500\FAX:828 299-7043 NOrthCarolrna Internet:www.ncwateroualitY.org naturally ��-\ ;�� ij\�-_ \_�� United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 11 NCG550427 111 121 12/08/10 117 181 C I 191 S I 20III Remarks 211111 111111111111 11111111 1111 1111111111111111 1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67I 169 70131 711 N I 721 N I 73 W 74 751 1 1 1 1 1 11 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) 6884 Tusquittee Road 10:00 AM 12/08/10 07/08/01 6884 Tusquittee Rd Exit Time/Date Permit Expiration Date Hayesville NC 28904 10:15 AM 12/08/10 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jimmy J Davenport,6884 Tusquittee Rd Hayesville NC 28904//828-389-8051/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations&Maintenance E Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kevin H Barnett ARO WQ//828-296-4500 Ext.4657/ Signature of Manage nt Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCG550427 111 12I 12/08/10 117 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Facility was discharging. Effluent clear. Site well maintained. Page# 2 Permit: NCG550427 Owner-Facility: 6884 Tusquittee Road ,jection Date: 0811 0/20 1 2 Inspection Type: Compliance Evaluation Jperations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ 0 n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge D n 0 ■ Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n ❑ f_1 Are the receiving water free of foam other than trace amounts and other debris? ■ fl n Q If effluent (diffuser pipes are required) are they operating properly? D 0 ■ [1 Comment: Page# 3 \� � �. `��l %-�. \\�/ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild;P.E. Dee Freeman Governor Director Secretary August 27, 2012 Larry B Black 1981 Everett Rd Pisgah Forest NC 28768 SUBJECT: Compliance Evaluation Inspection' 1981 Everett Road Permit No: NCG550542 Transylvania County Dear Mr. Black.- Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 22, 2012. The facility was found to be in Compliance with permit NCG550542. 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.4657. Sincerely, U'll Kevin H Barnett, Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\Black\NCG550542.CE1.2012.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NOICf1Carolina Internet:www.ncwaterauality.org naturally �� �\ � i �� ��,/, �✓ United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCG550542 111 121 12/08/22 117 18I C I 19I S I 20I Remarks 2111IIIIII IIIIIIII IIIIIIIIIIIIIIII IIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70I 3 I 711 N I 721 NJ 73 W 74 751 I I I I III 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) 1981 Everett Road 09:30 AM 12/08/22 07/08/17 1981 Everett Rd Exit Time/Date Permit Expiration Date Pisgah Forest NC 28768 09:45 AM 12/08/22 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Larry B Black,1 Contacted No 981 Everett Rd Pisgah Forest NC 28768H770-434-3392i to Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations& Maintenance M Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessa (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kevin H Barnett ARO WQH828-296-4500 Ext.4657/ Signature of M ageme A Reviewer Agency/Office/Phone and Fax Numbers Date 4�v ?/-V//- EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCG550542 I11 12, 12/08/22 117 181 C' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Not discharging at time of inspection. Diverter box clear of solids. No observed issues. Page# 2 Permit: NCG550542 Owner-Facility: 1981 Everett Road ,pection Date: 08/22/2012 Inspection Type: Compliance Evaluation Operations $Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ❑ 0 0 ■ Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n r1 ■ n Comment: Page# 3 ��, 1 j_. 41 NCD��� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary August 27, 2012 Donald A Bradley 2904 Asheville Hwy Pisgah Forest NC 28768 SUBJECT: Compliance Evaluation Inspection 2904 Asheville Highway Permit No: NCG550038 Transylvania County Dear Mr. Bradley: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 22, 2012. The facility was found to be in Compliance with permit NCG550038. 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.4657. Sincerely, Kevin H Barnett Enclosure cc:: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\WTBradley\NCG550038.CEI.2012.doc i SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAx:828 299-7043 NorthCarolliina Internet:www.ncwaterguality.orq atut'Q[`J/ NPDES yr/mo/day Inspection Type ` 3I NCG550038 111 12, 12/08/22 17 18I d \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) \ No discharge observed. Facility maintained. Creek clear of solids. No observed issues. Page# 2 Permit: NCG550038 Owner-Facility: 2904 Asheville Highway ,jection Date: �08/22/2012 Inspection Type: Compliance Evaluation Jperations $Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Q Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ❑ f=1 0 ■ Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ 0 ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ D 0 If effluent (diffuser pipes are required) are they operating properly? Q n ■ Comment: Page# 3 �\ �, �I �_. 41 WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 27, 2012 Charles Logan Ayers 387 Kelly Ln Pisgah Forest NC 28768 SUBJECT: Compliance Evaluation Inspection 387 Kelly Lane Permit No: NCG550458 Transylvania County Dear Mr. Ayers.- Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 22, 2012. The facility was found to be in Compliance with permit NCG550458. 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.4657. Sincerely, r" Kevin H Barnett Environmental Specialist Enclosure cc:: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\Ayers\NCG550458.CEI.2012.doc L SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NorthCarollna Internet:www.ncwaterguality.org Naturallrf NPDES yr/mo/day Inspection Type 3 NCG550458 111 12, 12/08/22 1 1 7 18 Id � Section D; Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) No dischage evident at time of inspection. Effluent pipe clear of algae and residual solids. Facility maintained. Page# 2 Permit: NCG550458 Owner-Facility: 80 Kelly Lane aspection Date: 08/22/2012 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ fl Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge n ❑ ❑ ■ Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ Q n D Are the receiving water free of foam other than trace amounts and other debris? ■ n ❑ n If effluent (diffuser pipes are required) are they operating properly? ❑ n ■ Comment: Page# 3 �,�\ �'� �� a/ 'A'74ifLA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary August 27, 2012 J. Robert Boyette, City Manager City of Marion P.O. Drawer 700 Marion, N.C. 28752 Subject:Permit No. WQ0035150 City of Marion Sugar Hill Road Sewer Extension Wastewater Collection System Extension McDowell County Dear Mr. Boyette: We have received a letter dated May 2, 2012 from engineer Randy D. Hintz, P.E., regarding the Sugar Hill Road Sewer Extension WQ0035150. Your engineer has verified that the construction of the referenced project has been completed in accordance with the plans and specifications approved under the Division of Water Quality permit WQ0035150 dated December 16, 2010. This completes our review of this project. If you need additional information concerning this matter, please contact Jeff Menzel at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist cc: Marvin Hutchison, USDA- Rural Development-Area Specialist 844 Wallace Grove Road Shelby, NC 28150 Randall D. Hintz, P.E./McGill Associates, P.A. Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NofthCarohna Internet:www.ncwaterguality.org aturallff S:\SWP\McDowell\Collection Systems\Marion Collection System\WQ0035150 Cert.docx \\ ��`o �_/' �`, _ _ _ -___ NIMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 28, 2012 Emily F. Gloeckler Manager, Environmental Engineering Travel Centers of America 24601 Center Ridge Road Suite 200 Westlake, OH 44145 Subject: Permit Modification Request Candler Travel Center NPDES Permit Number NCO085952 Dear Ms. Gloeckler: The Division of Water Quality(Division) has reviewed your letter dated August 8, 2012 within which you request certain modifications to the subject permit. Full consideration has been given to your request. At this time, the following has been determined: • Outfall 001 discharges to surface waters,not a ditch, as described in the request letter. Therefore,North Carolina water quality standards apply to those waters and permit limit calculations must be based on hydrologic characteristics in that segment of stream. • The culvert under Interstate 40 conveys a stream. As above, water quality standards and permit limits protections are applicable to those waters throughout the piped reach. • Reduced daily effluent discharge rates below the permitted flow from the plant will not have an influence on permit limits. Therefore,the requested permit modifications must be denied. In order for the permit to possibly contain higher effluent limits, the WWTP outfall would need to discharge directly to Georges Branch Creek,not the unnamed tributary. A full analysis of Georges Branch Creek as well as the Days Inn discharge characteristics would be required before permit limits could be determined. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500 FAX:828-299-7043 1�Ol thCar ohna Internet: www.ncwaterquality.org �iftf/�+irl�� An Equal Opportunity 1 Affirmative Action Employer K IZ Ms.Emily Gloeckler August 28,2012 Page 2 of 2 Confirmation of hydrologic characteristics of the unnamed tributary to which the plant currently discharges could be beneficial, if changes have occurred since the plant was originally permitted. Watershed modifications can influence stream flow, including both increases and decreases in discharge rates. The Division appreciates the cooperation Travel Centers of America has shown through the efforts to improve the performance of the WWTP and return the system to a more consistent.compliance status. Please contact me if you have questions or comments regarding the enclosed determinations or if I can be of any assistance whatsoever. Sincerely, F t Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office i• � r 110-1111 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, F.E. Dee Freeman Governor - Director Secretary August 28,2012 Haywood County DWQ Project 20120806 NC Highway 1301 (Indian Creek Road) Approval of 401 Water Quality Certification with Additional Conditions Mr.J.B. Setzer,P.E. Division 14 Engineer North..Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below, for the following impacts in an unnamed tributary to Indian Creek and Indian Creek for the purpose of repairing flood damage along NCSR 1301 (Indian Creek Road)in Haywood County: Stream Impacts in the French Broad River Basin Site Permanent Fill Streambank Channel Temporary Total Stream in Intermittent Repair in Restoration Impacts in Stream Impacts Stream (linear Perennial Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft Site 1 0 50 0 0 50 0 Site 2 0 90 0 0 90 0 Site 3 0 50 0 75 125 0 Site 4 0 0 275 300 575 1 0 Site 5 0 200 0 0 200 0 Total 0 390 275 375 1040 0 Total Permanent Stream Impacts for Project: 6651in.ft.Total Temporary Stream Impacts for Project:375 linear ft. The project should be constructed in accordance with your application dated August 21,2012(received August 27, 2012), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3883, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 3. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:: www.ncwaterquality.org FAX:828-299-7043 �atura�f� Internet: www.ncwaterquality.org An Equal Opportunity;Affirmative Action Employer Mr.J.B. Setzer, P.E. \ August 28, 2012 Page Two This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface water,, standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. The 200 feet of Shoulder/Bank Restoration work at Site 5 has already been completed. 5. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW),or Water Supply I or II(WSI, WSII)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. The permittee shall use/Design Standards in Sensitive Watersheds/ [15A NCAC 413.0124(a)-(e)] in areas draining to trout waters. However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to.- provide erosion control. J Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover,erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the x. J. B. Setzer, P.E. August 28,2012 Page Three following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 8. The channel reconstruction will be constructed in a dry work area and stabilized before stream flows are diverted into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. 9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 10. The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 11. The dimension,pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 12. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 15. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials. 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 20. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 21. A_copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. Mr.J. B. Setzer,P.E. August 28,2012 Page Four 23. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 24. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 25. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 26. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 28. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/off,� civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, �W,4wro-�,Az,6Vad-� harles Wakild,P.E.,Director Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental _ Marla Chambers,NCWRC David McHenry,NCWRC Transportation Permitting Unit Asheville Regional Office 12-0806(Setter)NCSR 1301 Indian Creek Road NCDEHR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 28, 2012 Sandra Michell Powell P(D Box 552 Rosman NC 28772 SUBJECT: Compliance Evaluation Inspection Cherryfield Loop Rd property Permit No: NCG550999 Transylvania County Dear Ms. Powell Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 22, 2012. The facility was found to be in Compliance with permit NCG550999. 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.4657. Sincerely, ".16*A- Kevin H Barnett, Environmental Specialist Enclosure cc: ,Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\Powell\NCG550999.CEI.2012.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NOrthCarollna Internet:www.ncwaterguality.org Naturally United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCG550999 11-1 121 12/08/22 117 181 C I 19I S I 201 I Remarks 21L1_JI I I I I I I I I I I I I IIIIIIIIIIII I I I I IIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70131 711 NJ 72I N I 73' 174 751 I I I I I 11 80 Section B: Facility Data �I—I Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Cherr,rfield Loop Rd property 01:10 PM 12/08/22 02/08/01 Cherr��ield Loop Rd Exit Time/Date Permit Expiration Date Rosman NC 28772 01:20 PM 12/08/22 07/07/31 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/Title/Phone and Fax Number Sandra Michell Powell,PO Box 552 Rosman INC 28772//828-862-4477/ Contacted Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance E Facility Site Review N Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kevin H Barnett -- ARO WQ//828-296-4500 Ext.4657/ cglzo//Z, Signature of Management Q eviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 ev 9-94)Previous editions are obsolete. Page# 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary August 28, 2012 George E Bingham J IF G Properties LLC Old Hwy 64 E Rosman NC 28772 SUBJECT: Compliance Evaluation Inspection Genie Products Acquisition Corporation Permit No: NCG550995 Transylvania County Dear Mr. Bingham: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 22, 2012. The facility was found to be in Compliance with permit NCG550995. 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.4657. Sincerely, j&/441�—' Kevin H Barnett, Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\GENIE\NCG550995.CEI.2012.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One NorthCarolina Phone:(828)296-4500\FAX:828 299-7043 / Internet:www.ncwaterouality.orq NatunvIly A NPDES yr/mo/day Inspection Type 3 NCG550995 111 12) 12/08/22 117 18I CI \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Facility clean and well maintained. �\ CI and DeCI present. A Discharge clear. Receiving stream clear of solids and foam. Records onsite, complete. Suggested keeping records of alarms and replacement of equipment. Page# 2 Permit: NCG550995 Owner-Facility: Genie Products Acquisition Corporation .ispection Date: 08/22/2012 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n Cl 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge 0 ❑ 0 � Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ 0 n 0 Are the receiving water free of foam other than trace amounts and other debris? ■ 0 n ❑ If effluent (diffuser pipes are required) are they operating properly? Q Q ■ Q Comment: Page# 3 WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary August 28, 2012 Marcus R Galloway 1146 Whitmore Rd Brevard NC 28712 SUBJECT: Compliance Evaluation Inspection Cherryfield Self Storage WWTP Permit No: NCG550879 Transylvania County Dear Mr. Galloway: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 22, 2012. The facility was found to be in Compliance with permit NCG550879. 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.4657. Sincerely, A Kevin H Barnett, Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\Galloway\NCG550879.CEI.2012.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NorthCarollina Internet:www.ncwaterguality.org NaA rail# United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Cnmplwance Inspectonn [Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCG550879 111 121 12/08/22 117 18I C I 191 S I 20I_I Remarks 21HII I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I IIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70131 711 N I 72I N I 73I I �74 751 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) 12:15 PM 12/08/22 07/08/27 Cherryfield Self Storage WWTP 2375 Old Rosman Hwy Exit Time/Date Permit Expiration Date Brevard NC 28712 12:30 PM 12/08/22 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Marcus R Galloway,1146 Whitmore Rd Brevard NC 28712/1828-877-430018288773402 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance E Facility Site Review E 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 Kevin H Barnett ARO WQH828-296-4500 Ext.4657/ 611/2- Signature of Management WQA eview Agency/Office/Phone and Fax Numbers Date -4- EPA Form 3560-3(R v 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCG550879 I11 12I 12/08/22 117 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Facility Clean and well maintained. Evidence of recent discharge. Receiving stream free of solids and foam. Page# 2 Permit: NCG550879 Owner-Facility: Cherryfield Self Storage WWTP aspection Date: 08/22/2012 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ❑ 0 ❑ E Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ 0 0 Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ I] (l If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ n Comment: Page# 3 j_._._` �:✓ WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 28, 2012 Mark Richmond 80 Millbrook Dr Brevard NC 28712 SUBJECT: Compliance Evaluation Inspection 80 Millbrook Drive Permit No: NCG550814 Transylvania County Dear Mr. Richmond: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 22, 2012. The facility was found to be in Compliance with permit NCG550814. 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.4657. Sincerely, Kevin H Barnett, Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\Richmond\Richmond.CE1.2012.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NOTthCarolina Internet:www.ncwaterauality.org Katz rally / `� `\ \'" \ry` United States Environmental Protection Agency Form Approved. E P^/� Washington,D.C.20460 OMB No.2040-0057 nn Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES ydmo/day Inspection Type Inspector Fac Type 1 INI 2 1 51 31 NCG550814 111 121 12/08/22 117 181 C I 19I S I 201 I Remarks 21ILII I I I I I I I I I I I I I I I I I I I I I I I I IIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67 I 169 70131 711 N I 721 N I 73 W 74 751 I I I I I 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) 100 MHlbrook Drive 02:10 PM 12/08/22 07/08/01 100 Millbrook Dr Exit Time/Date Permit Expiration Date Brevard NC 28712 02:30 PM 12/08/22 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Mark Richmond,100 Millbrook Dr Brevard NC 28712N No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kevin H Barnett ^� ARO WQ//828-296-4500 Ext.4657/ 612,01 91 Signature of Management Q A ReviewAr Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94) revious editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCG550814 111 12, 12/08/22 17 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) New owner. System completely rebuilt of last 8 to 10 months. UV Disinfection. Facillity in excellent shape. Page# 2 Permit: NCG550814 Owner-Facility: 100 Millbrook Drive +spection Date: 08/22/2012 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge 0 0 ❑ ■ Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ Q Are the receiving water free of foam other than trace amounts and other debris? ■ n If effluent (diffuser pipes are required) are they operating properly? fl n ■ Comment: Page# 3 /;.., \�..:_/� tom..- J _... WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 28, 2012 Jeff Miller PO Box 1621 Brevard NC 287121621 SUBJECT: Compliance Evaluation Inspection 64 Cassell Road Permit No: NCG550692 Transylvania County Dear Mr. Miller: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 22, 2012. The facility was found to be in Compliance with permit NCG550692. 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.4657. Sincerely, J;. Kevin H Barnett Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\Miller\NCG550692.CEI.2012.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NOr ffiCair011lla Internet:www.ncwaterauality.orq Nahmally United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 OMB No.2040-0057 C /`1 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 N I 2 15 I 3I NCG550692 111 121 12/08/22 117 181 C I 19I S I 201 Remarks 21uII I I I I I I I [j I1111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------—---------Reserved---------------------- 67I 169 70131 711 N I 72I N I 73I I j 74 75L I I I ( I I 180 Section B: Facility Data u� Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 6`l 02:30 PM 12/08/22 09/03/18 (A'35�1c- •89-I 4FS,e14-Rr,4— 6 y C cz_ Exit Time/Date Permit Expiration Date Brevard NC 28712 02:45 PM 12/08/22 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted / Jeff Miller,PO Box 1621 Brevard NC 287121621//828-883-2151/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance N Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kevin 11 Barnett ARO WQ#828-296-4500 Ext.4657/ Signature of Mana melt A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCG550692 111 12, 12/08/22 117 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Facility closed. No evidence of recent discharge. Page# 2 Permit: NCG550692 Owner-Facility: 80 Millbrook Road .spection Date: 08/22/2012 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ 0 Q n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge n 0 11 0 Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ fl n If effluent (diffuser pipes are required) are they operating properly? 0 ❑ Comment: Page# 3 /�".� � j �__, �J,; Al NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 28, 2012 Jerry Brown Jerry R Brown Construction 1083 Wilson Rd Pisgah Forest NC 28768 SUBJECT: Compliance Evaluation Inspection 1083 Wilson Road Permit No: NCG550772 Transylvania County Dear Mr. Brown: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on August 22, 2012. The facility was found to be in Compliance with permit NCG550772. 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.4657. tvi arnett, Environmental Specialist Enclosure cc: Central Files Asheville Files S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\Brown.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70, Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NorthCarollina Internet:www.ncwaterguality.org NwU49119 NPDES yr/mo/day Inspection Type \ 3 NCG550772 111 12, 12/08/22 117 18,CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Facility Clean. Mounded Sand Filters behind parking area \ Unable to locate discharge pipe. \ Receiving creek clear of foam/solids. Page# 2 Permit: NCG550772 Owner-Facility: 1083 Wilson Road .spection Date: 08/22/2012 Inspection Type: Compliance Evaluation 'Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ❑ D I_l ■ Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 3 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water G-omplianre Inslaerfinn Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCs) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCG550660 111 121 12/08/22 117 181 C I 19I S I 201 I Remarks 21L II I I I I I I I I I I I I IIII I I I I I I I I I I I I I I I I I I I I I I I I II16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67) 169 70131 711 N I INI I 73 LJJ 74 751 I I I I III 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) Frances Warde Health Service WWTP 12:50 PM 12/08/22 07/08/22 9526 Rosman Hwy Exit Time/Date Permit Expiration Date Rosman NC 28772 01:05 PM 12/08/22 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jacqueline Dewar,9526 Rosman Hwy Rosman NC 28772H828-884-7990/8289669609 Conta to No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Facility Site Review .Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kevin H Barnett ARO WQ//828-296-4500 Ext.4657/ Signature of agem Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCG550660 I11 12I 12/08/22 117 18I cI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Facility closed during inspection. Facility clean and maintained. No evidence of recent discharge. Page# 2 Permit: NCG550660 Owner-Facility: Frances Warde Health Service WWTP nspection Date: 08/22/2012 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ fl ❑ D Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge 1=1 0 0 E Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ n Cl Are the receiving water free of foam other than trace amounts and other debris? ■ n n If effluent (diffuser pipes are required) are they operating properly? 0 ❑ ■ ❑ Comment: Page# 3 /��� 1 .. �_'�' 0 WCURR North Carolina department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary August 29, 2012 Monte L Wall City of Lenoir P.O. Box 958 Lenoir NC 28645-0958 SUBJECT: Pretreatment Compliance Inspection Lower Creek WWTP Permit No: NCO023981 Caldwell County Dear Mr. Wall: Enclosed please find a copy of the Pretreatment Compliance Inspection conducted on June 20, 2012. The Pretreatment Compliance Inspection was conducted by Keith Haynes and Jeff Menzel of the Asheville Regional Office. A review of your Pretreatment Annual Report has also been performed. The City's pretreatment program was found to be in compliance with permit NC0023981. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please II me at 828-296-4500. Sincerely, Jeff nzel Environmental Specialist Enclosure cc: Central Files Asheville Files S:\l3WP\Caldwell\Wastewater\Municipal\Lower Creek WWTP 23981\PCI 2012.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 ' NorthCarolina Internet:www.ncwateEguality.org atl rally 28. PRETREATMENT PROGRAM ELEMENTS REVIEW— Please review POTW files, verify POTW has copy", Element in their files,complete with supporting documents and copy of PERCS Approval Letter,and dates consistent with Progi\ Program Element Last Submittal Last Approval Date Next Du:_�, Date In file? bate In file If Applicable Headworks Analysis(HWA) 11/21/11 ®Yes❑ No 02/08/11 ®Yes❑ No ` Industrial Waste Survey(IWS) 08/21/08 ®Yes❑ No 11/05/08 ® Yes❑ No 08/01/13 Sewer Use Ordinance(SUO) 07/25/07 ®Yes❑ No 11/02/07 ®Yes❑ No 12/31/12 Enforcement Response Plan(ERP) 12/05/95 ®Yes ❑ No 12/20/95 ®Yes❑ No Long Term Monitoring Plan(LTMP) 10/21/04 ®Yes ❑ No 10/29/04 ®Yes❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name 1. Lenoir Mirror#1 2. P. 30. IUP Number 0007 31. Does File Contain Current Permit? ® Yes ❑ No ❑ Yes ❑ —N-711 ❑Yes ❑ No 32. Permit Expiration Date 12/31/12 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 413.74.6 34. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? ® Yes ❑ No 11 ❑ Yes ❑ No ❑Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a. NYes[:]No IFa. ❑Yes❑No a. ❑Yes❑No b.If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes NNo b. ❑Yes ❑No b. ❑Yes ❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic F ®Yes❑No❑N/A F Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 38. a.Does File Contain Original Permit Review Letter from the Division? a. NYes❑No a. ❑Yes ❑No a. ❑Yes❑No b.All Issues Resolved? I b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 39. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No its Sampling as Required by IUP,including flow? 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? ®Yes ElNo ❑Yes ❑ No ❑Yes El No 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its SYesONoD F❑Yes❑No❑N/A ❑Yes❑No❑N/A Sampling as Required by IUP,including flow? 41b.During the Most Recent Semi-Annual Period,Did SIU submit all reports ❑Yes❑NoSN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A on time? 42a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑NoSN/AIF ❑Yes❑No❑N/A ❑Yes❑No❑N/A file includeprocess/dilution flows as Required by IUP? 42b.For categorical IUs with Production based limits,does file include ❑Yes❑NoSN/A F❑Yes❑No❑N/A ❑Yes❑No❑N/A production rates and/or flows as Required by IUP? 43a. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑NoSN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Reporting Non-Compliance from SIU Sampling? 44. a.Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample and submit results to POTW Within 30 Days? b.❑Yes❑No®N!A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A c.If applicable,Did POTW resample within 30 days of becoming aware c.❑Yes❑No®N/A of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑Yes❑No❑N/A 45. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑ Yes ® No ❑ Yes ❑ No ❑Yes ❑ No 46. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑NoSN/A IP Yes❑No❑N/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing, tc.)? 11 47. Does the File Contain Penalty Assessment Notices? SYes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 48. Does The File Contain Proof Of Penalty Collection? SYes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 49. a.Does the File Contain Any Current Enforcement Orders? a.®Yes❑No❑N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A b.Is SIU in Compliance with Order? b.®Yes❑No❑N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 50. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑ Yes ® No Iff Yes ❑ No 1[:7es ❑ No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form t pdated 7r2 %07 Page 2 rUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type N I NCO023736 I 06/20/12J L 1- L S - L 2 I (DTIA) (TYPI) (INSP) (FACC) 1.Industry Inspected: Lenoir Mirror 2.Industry Address: 401 Kincaid St. SW-P.O.Boc 1650nMenoir,NC 28645 3.Type of Industry/Product:Mirroers/Coating 4.Industry Contact:Jacques J.DeBeve Title:Human Resoure,Safety,Environmental Manager Phone:828-728-3271 Fax: 828-426-0098 5.Does the POTW Use the Division Model Inspection Form or Equivalent? ®YES ❑NO 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ®YES ❑NO 13. Plant Tour ®YES ❑NO C. Pretreatment Tour ®YES ❑NO D. Sampling Review ®YES ❑NO E. Exit Interview ® YES ❑NO Industrial Inspection Comments: OVERALL SUMMARY AND COMMENTS: Comments:Everything found to be in good order Requirements:none Recommendations:none NOD: ❑YES ® NO NOV: ❑ YES ®NO QNCR: ❑ YES 0 NO POTW Rating: Satisfactory X Marginal UnSatisfactory PCI COMPLETED BY: Jeff Menzel t DATE: 06/20/2012 S:\S WP\Caldwell\Wastewater\Municipal\LowerCreekW WTP23981\6-20-2012PCI.docx NC DWQ Pretreatment Compliance Inspection(PCI)Form Cpdated 7/25/0 7 Page 3 �`i �. ,;' ��._ __ -.W 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman Governor Director Secretary August 30,2012 Mr, J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 19/19E DWQ Project 07-1134 Individual Certification No. 3706 TIP Nos.R-2518A&B and R-2519A Madison and Yancey Counties Dear Mr. Swain: On August 27,2012,I inspected the construction projects on the US Highway 19 Project in Madison and Yancey Counties. Construction continues along most of the project with heavy grading,bridge construction, pipe installation and paving activities underway. Most of the heavy construction is complete except at the Madison-Yancey County line. Please continue to ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspections. If you have questions,please call me at 828-296-4500. Sincerely, J Michael R. Parker Environmental Senior Specialist Attachment cc:Randy McKinney,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 19 August 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 Ili Internet:www.ncwatergualitV.org 7„(� 7 An Equal Opportunity\Affirmative Action Employer NorthCarolma Wetiand inspection report Project Num: 20071134 Version: 6 Status: Issued Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening R-2519A County: Madison Region: Asheville Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 08/27/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: 0 Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Inspected R-R-2518 A&B. Most of the construction work is completed except at the Madison-Yancey County line. Heavy grading and pipe installiation is underway at this site. Other minor work is also underway at various site throughout the project such as curb and gutter work, bridge work and final paving. Please ensure that the sediment and erosion control structures are maintained to protect State surface waters. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? n ❑ n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n ❑ n Comment: Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 30, 2012 Mr.J. J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Stormwater Inspection TIP No.B-4851 Bridge No. 31 NCSR 1308 Double Island Road Yancey County Dear Mr. Swain: On August 27, 2012,I inspected the construction work on TIP Project No. B-4851, on NCSR 1308 (Double Island Road), in Yancey County. The inspection included a review of the construction,compliance with the 401 Water Quality Certification and Stormwater Permit. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Garry Moore,P.E. Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-4851 NCSR 1308 August 2012 Storruwater Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwateraualitv.org NOrthCarohna An Equal Opportunity'\,Affirmative Action Employer ;Va f 1rJ9 /1/ `�lL LII� � % �� � ✓1 __ _ _ ___ Wetland Inspection Report Project Num: 20110713 Version: 1 Status: Issued Project Name: NCDOT-Bridge No.31 on SR 1308(B-4851) Project Type: Replace bridge with bridge County: Yancey Region: Asheville Location: NCDOT-Bridge No.31 on SR 1308(B-4851) Latitude: +36°00'14" Longitude: -85°14'01" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 0812 7/2 0 1 2 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Mite Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant n Not Compliant Program Area: Construction SW(NCG010000) Question Areas: NCG010000 Permit Inspection Summary: Work on the bridge is approximately 95%complete. All sediment and erosion control structures appear to be working properly. All records and reports are being maintained in a good and orderly manner. Seed and mulch all bare areas as soon as possible. Page: 1 Project Num: 20110713 Owner: NC DOT PDEA Inspection Date: 08/27/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine NCGO10000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? n n n If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? n n n Is the site maintaining their E&SC measures as per DLR or delegated program? n n n Is a copy of the approved E&SC plan on site? ❑ ❑ Is a rain gauge present on-site or is MPE in use for the site? n n n Is rain gauge data or MPE data recorded? n n n Are inspection records complete? o n n Is the site compliant with other conditions of the NCGO10000 permit? 11 11 (1 f1 Comment: Records appear to be maintained in a good orderly manner. t Page: 2 -....,.- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 30,2012 Mr.J.J. Swain,Jr.,P.E.' Division 13 Engineer N.C.Department of Transportation Post Office Box3279 Asheville,North Carolina 28802 Subject: Inspection TIP No.BK-5125 NCSR 1189 Mitchell County Dear Mr. Swain: On.August 27,_2012,_Linspected the construction work on TIP Project No. BK-5125,NCSR 1189-over Cane Creek, in Mitchell County. Construction of the new bridge is approximately 95%complete. The sediment and erosion control measures appear to be working properly. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, AZ Michael R.Parker Environmental Senior Specialist Attachment cc: Garry Moore,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office BK-5125 NCSR 1189 August 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 One Internet:www.ncwaterouality.ora NorthCarOhna An Equal Opportunity 1 Affirmative Action Employer ;/atl/rally Site Number: WT000492 Owner: NCDOT Division 13 -\ Inspection Date: 08/27/12 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine NCGO10000 Permit Yes No NA NE #Is this inspection related to a DLR/delegated program inspection? ■ n n n If Yes,what was the DLR/delegated program inspection date? Is the site following its E&SC Plan as per DLR or delegated program? ■ n n n Is the site maintaining their E&SC measures as per DLR or delegated program? ■ n n n Is a copy of the approved E&SC plan on site? ■ n n n Is a rain gauge present on-site or is MPE in use for the site? ■ n n n Is rain gauge data or MPE data recorded? ■ n n n Are inspection records complete? ■ n n n Is the site compliant with other conditions of the NCG010000 permit? n n n n Comment: Review of records found them to be maintained in a good satisfactory manner. Page: 2 AXAJ w►�A . RCMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman Governor Director Secretary August 30,2012 Mr.J.J. Swain, Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 19 DWQ Project 07-1134 Individual Certification No. 3706 TIP Nos.R-2519A Yancey County Dear Mr. Swain: On August 27, 2012, I inspected the construction project on the US Highway 19 Project in Yancey County. Construction continues along most of the project with heavy grading,utility construction and culvert installation. It's important that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspections. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Randy McKinney,PE Roger Bryan, Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US 19 R-2519A August 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterguality.org NofthCarolina An Equal Opportunity;Affirmati Action Action Employer ���fr�urrf/rr Wetland inspection Report Project Num: 20071134 Version: 6 Status: Issued Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening R-2519A County: Madison Region: Asheville Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 08/27/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Inspected project. Construction continues mainly from the Town of Burnsville to Micaville with heavy grading,culvert and pipe installation. There is a lot of area that is open due to the heavy grading of steep slopes. Please ensure that adequeate sediment and erosion controls are in place to protect State surface waters and maintain the sediment and erosion control structures. Seed and mulch all bare areas. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n 0 Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n Comment: Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary August 31, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9223 7010 1870 0003 0874 9209 Mr. Robert Gurley Ms. Marcia Nicholson (114 Buddy Lane) (120 Buddy Lane) 2430 U.S. Highway 70 West Post Office Box 213 Goldsboro,North Carolina 27530 Chimney Rock,North Carolina 28720 7010 1870 0003 0874 9216 7010 1870 0003 0874.9193 Mr. Thurman Short Ms. Merry Dupuis (127 Buddy Lane) (13 8 Buddy Lane) 1430 Deal Road Post Office Box 123 Blacksburg, South Carolina 29702 Chimney Rock,North Carolina 28720 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE NOV-2012-DV-0170 Illegal Discharge of Wastewater Buddy Lane Collection System Rutherford County Response Due: September 14, 2012 Dear Sirs and Madams: On August 23, 2012, Jeff Menzel and I visited Buddy Lane to investigate a complaint that a private sewer was discharging untreated wastewater to a stream. Mr. Steve Chambers of the Rutherford County Health Department was also present. Upon introducing a leak tracer dye to the collection system, it was confirmed that untreated wastewater was entering a stream and eventually Lake Lure. This situation is considered an illegal discharge and must be corrected immediately. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 7�7One,L. 1 Phone:828-296-4500 FAX:828-299-7043 1�o1411Carohna. Internet: www.ncwaterquality.org Adulpiid An Equal Opportunity 1 Affirmative Action Employer L "vU Buddy Lane Collection System August 31,2012 Page 2 of 2 According to information gathered,the properties owned by the addressees of this letter discharge wastewater to the leaking collection system. Therefore all property owners are considered responsible parties and it is recommended that an effort is made to work together to resolve this issue. REQUIRED RESPONSE Respond by September 14, 2011. Your response should be sent to the attention of Jeff Menzel Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should provide the following: • A plan to repair the leaking collection system line, including a date when repairs will be completed. Or • Reporting that the line has been repaired. The Division understands attempts to address a similar matter related to this wastewater collection line have occurred in the past.Now that confirmation has been gained that raw sewage is entering a stream, further actions will be readily taken, if a repair that eliminates the discharge is not completed in a timely manner. Failure to repair the line and eliminate the illegal discharge of wastewater to the stream can result J in assessment of civil penalties of up to $25,000 per day. Please contact Jeff Menzel at 828-296-4658 if you have questions or concerns. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: Chris Braund-Lake Lure Town Manager Steve Chambers -Rutherford County Health Department Deborah Gore, PERCS S:\SWP\Rutherford\Complaints\Nelon Sewer\NOV.8.28 12,. _ _ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Beverly Eaves Perdue Director Dee Freeman Governor Secretary August 31, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9247 The Honorable Bobby Smith Town of Robbinsville P.O. Box 129 Robbinsville,North Carolina 28771 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2012-FK-0001 Robbinsville Water Treatment Plant NPDES Permit No. NCO083071 Graham County Response deadline: September 17, 2012 Dear Mr. Smith: On August 9, 2012, staff of the Division of Water Quality of the Asheville Regional Office conducted an investigation of a fish kill that had occurred in Long Creek, in the Town of Robbinsville in Graham County. The fish kill occurred August 8,2012, in a stream segment of Long Creek below the Stanley Furniture ball field downstream to the confluence with Tallulah Creek. According to the information gathered during the site visit and subsequently provided by the Town of Robbinsville, personnel form the Town illegally discharged approximately 4,000 gallons of alum sludge, originating from the Town's water plant on August 8, 2012, into a stormwater drainage ditch adjacent to Long Creek. Those actions violated certain state statutes, water quality standards and permit conditions (listed below) and caused the death of fish in the portion of Long Creek described above. VIOLATIONS I. Removal of Best Usage—15A NCAC 02B.0211 (2)—Approximately 5,280 feet of Long Creek, designated as class C; Trout waters, was impacted by sludge entering the stream SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500t FAX:828-299-7043 NOI hCa ohna Internet: www.ncwaterquativeActi ;Vatu jrii ff An Equal Opportunity 1 Affirmative Action Employer /LL `/��ll" Town of Robbinsville August 31,2012 Page 2 of 2 from and an adjacent storm channel representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). II. Discharge Without a Valid Permit 143-215.1. (6) Cause or permit any waste, directly or indirectly,to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source,unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. III. NPDES Permit No. NCO083071 Section C. Operation and Maintenance of Pollution Controls - 6. Removed Substances - Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. REQUIRED RESPONSE This Office requests that you respond in writing by September 17,2012. Your response should be sent to both the attention of Jeff Menzel, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy or at the Compliance Permitting Unit 1617 Mail Service Center,Raleigh,NC 27699-1617. Your response should address the following items: • Describe the events that led to the disposal of sludge • Actions taken by the Town to remediate the discharge J' • Actions taken to prevent the occurrence of such an event in the future 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. 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 Jeff Menzel at(828)296- 4658. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: John Henessey- Compliance Permitting Unit ARO File Copy DWQ Central Files Graham County Health Department- ecopy S:\SWP\Graham\Wastewater\Municipal\Robbinsville Water Plant 83071\NOV-2012-FK-0001.8.31.12.docx