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HomeMy WebLinkAboutDWR SWP Read File Archive September 2009 CDN North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 1,2009 Clifton Horrell 3003 Anderson Branch Rd Marshall,NC 28753 Subject: Notice of Violation and Recommendation for Enforcement NOV-2008-SS-0018 Incident Closure Madison County Dear Mr. Horrell: The Division of Water Quality (DWQ) completed a site visit on August 20, 2009 to inspect results of sediment removal work related to the subject Notice of Violation and Recommendation for Enforcement. The sediment removal results observed at the site have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. Thank you for your cooperation in this matter. Should you have any questions regarding these matters,please contact me at(828) 296-4664. Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection Section cc: ARO File Copy DWQ Central Files G:\WPDATA\DEMWQ\Madison\Complaints\Horrell\NOV Closure.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U,S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 '/N���� Internet: www,ncwatergtiality.org �atm An Equal Opportunity\Affirmative Action Employer �� RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 1, 2009 Mr. Brent G. Detwiler, P.E. McGill Associates, PA 55 Broad Street Asheville, North Carolina 28801 Subject: Application Return Town of Forest City Sewage Collection System Rutherford County Dear Mr. Detwiler: Attached is the complete Fast-Track Application including check submitted by the Town of Forest City on August 28, 2009. The Application is being returned for the reason that it was not signed, dated nor sealed by an engineer licensed to practice in the State of North Carolina and did not include an 8.5 x 11 inch color USGS topographic map showing the project area. A little discussion, possibly in a cover letter, regarding proposed pump station improvements would be useful. I look forward to receiving a completed application. Sincerely, t Roy M. Davis Environmental Engineer cc: Scott Hoyle, Town of Forest City G:\WPDATA\DEMWQ\Rutherford\Forest City Collection System\application Return-Town of Forest City.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCaroflna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 ��N�//� Internet: www.ncwaterquality.org Na ` l An Equal Opportunity 1 Affirmative Action Employer \/ \\ \:i \\,__- WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary September 1, 2009 Jerry Prosser Feldspar Corporation PO Box 99 Spruce Pine NC 28777 SUBJECT: Compliance Evaluation Inspection Spruce Pine facility Permit No: NC0000353 Mitchell County Dear Mr. Prosser: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on August 17, 2009. Roger Edwards and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permit NC0000353. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500. Sincerel�c, rn�- Keith Hayn Environmental Senior Specialist Enclosure cc: Tim Calloway, ORC Central Files Asheville Files Greg Taveras a:'tVVPI A a 41ri CL I"/21 i!Cite l=e lty5, Y O3zs31�' 8 i 109 t:oc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 NorthCaro/l/ina Internet:www.ncwaterguality.org Naturally �\ ��J , United States Environmental Protection Agency Form Approved. E P Q Washington,D.C.20460 OMB No.2040-0057 /� Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NC0000353 111 121 09/08/17 117 181 CI 191 SI 201 I Remarks 211111111Iiii1111 , I , ll11 , 11 , 1111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ----—----------------—---Reserved-------------------- 67I 169 70 I ( 711 I 721 NJ 73' I 174 751 I I I I I I 180 Section B: Facility Data W Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Spruce Pine facility 10:30 AM 09/08/17 06/10/01 530 Altapass Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 12:30 PM 09/08/17 11/02/28 Name(s)of Onsite Representative(s)Frities(s)/Phone and Fax Number(s) Other Facility Data Timothy Calloway/// Timothy W Calloway/ORC/828-765-5974/ Name,Address of Responsible Official/Title/Phone and Fax Number Jerry Prosser,PO Box 99 Spruce Pine NC 28777//704-765-5500/8287662110cled Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit i Flow Measurement Operations&Maintenance a Records/Reports Self-Monitoring Program ■Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes /� ARO WQ//828-296-4500/ Roger C Edwardss`I ARO WQ//828-296-4500/ Signature of Management/QA Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards 1-R 'a� ARO WQ//828-296-4500/ G EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NC0000353 I11 12I 09/08/17 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Overall the facility appeared to be both properly maintained and operated. It is suggested that the facility consider evaluating the containment area around the fluoride water tanks for the possible addition of alarms for galagher pump overflow protection. Page# 2 Permit: NC0000353 Owner-Facility: Spruce Pine facility Inspection Date: 08/17/2009 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted anew application? ■ ❑ ❑ ❑ Is the facility as described in the permit? ■ ❑ ❑ In #Are there any special conditions for the permit? n n ■ ❑ Is access to the plant site restricted to the general public? ❑ ■ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: Public can access the facility by the river. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? ❑ ❑ ❑ Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete:do they include all permit parameters? ■ n I=1 n Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ■ ❑ (if the facility is=or>5 MGD permitted flow)Do they operate 2417 with a certified operator on each shift? ❑ Q ■ ❑ Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ In ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Page# 3 Permit: NC0000353 Owner-Facility: Spruce Pine facility Inspection Date: 08/17/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: On DMRs when the ORC is not on site, a "B" should be entered to indicate the back-up operator was on site. The ORC log should contain all information regarding operations/maintenance at the WWTP. All corrections made in the log and other items such as bench sheets should be indicated with initials of the person making the correction. Also make sure all data is transposed correctly and consistently. The May and June 2009 DMRs should be resubmitted to correct some data transfer issues, as discussed during the inspection. Operations$ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n On Judge,and other that are applicable? Comment: Process control is done as applicable. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? n n ■ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ ❑ n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ■ n n n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) ■ n n n Comment: There are four clarifiers on site: 35'- normally used for emergency purposes only 40'- in operation ECAT- in operation 55'- in operation 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? ■ Cl n Comment: -' Page# 4 Permit: NC0000353 Owner-Facility: Spruce Pine facility Inspection Date: 08/17/2009 Inspection Type: Compliance Evaluation Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ n ❑ n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ ❑ ❑ n (If units are separated) Does the chart recorder match the flow meter? ■ n n n Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ n n n Is sample collected below all treatment units? ■ n ❑ ❑ Is proper volume collected? ■ n n n Is the tubing clean? ■ n n n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ n n n Comment: Page# 5 ,- i -� `_ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 1, 2009 Harrison Construction Co.- Div. APAC Atlantic Inc. Michael Davis Don Mason PO Box 449 Franklin,NC 28734 Subject: Notice of Violation and Recommendation for Enforcement NOV-2009-PC-0081 Incident Closure Cherokee County Dear Sirs: The Division of Water Quality (DWQ) has received the Harrison-APAC Cherokee Asphalt Plant sample analysis results from Don Mason, related to the Notice of Violation and Recommendation for Enforcement NOV-2009-PC-0081. DWQ has reviewed the information provided and conducted a follow-up site visit on March 12, 2009. The written response, corrective measures and the sample analysis results observed at the site have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. This letter in no way precludes this Office for taking action on this or any other violation. Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs at(828) 296- 4500. Sincerely, C' z Roger C. Edwards Surface Water Protection Section Regional Supervisor cc: ARO File Copy DWQ Central Files G:\WPDATA\DEMWQ\Cherokee\Asphalt Plants NCG16\CherokeeAsph-NCG160152\NOV-2009-pc-0081 Closure.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www,ncwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer / � I� �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary September 1, 2009 Mr. Rex Woody Carolina Water Service Inc. Of NC P.O. Box 240908 Charlotte, North Carolina 28224-0908 SUBJECT: Compliance Evaluation Inspection Status: Compliant Sugar Mountain WWTP Permit No: NCO022900 Avery County Dear Mr. Woody: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 25, 2009. The facility appeared to be in compliance with permit NC0022900. The kind assistance of Mr. Darrell Young during the inspection was appreciated. He is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, anet Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Darrell Young/ ORC G:\WPDATA\0EMWQ1 Avery\22900 Sugar NItn,22900 CEI 09.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE OnehCarol na Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Norti Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 /i Internet:www.ncwaterguality.ora Natmallril %, r i ._, ____ United States Environmental Protection Agency Form Approved. Washington,D.C.20460 A OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N) 2 15I 31 NCO022900 111 121 09/08/25 ( 17 18I CI 191 SI 20III Remarks 211 1 1 1 I I i l l l l l J—t i l I I I I I I I I I I I I I i i l l I i l I i l l l i l l l l I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved-------------------- 67I 169 701 ( 711 I 721 NI 73' I �74 75L, 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) Sugar Mountain WWTP 11:30 AM 09/08/25 07/12/01 NCSR 1364 Exit Time/Date Permit Expiration Date Banner Elk NC 28604 12.15 PM 09/08/25 12/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Officiallfitle/Phone and Fax Number Rex Woody,PO Box 240908 Charlotte NC Contacted 282240908//704-525-7990/7045258174 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit E Flow Measurement Operations&Maintenance 0 Records/Reports Self-Monitoring Program N Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signatur of Inspector(s Agen WQ//828-296-450 cy/Office/Phone and Fax Numbers iatte�/ Janet Cant o��9 0 Ext.4667/ Keith Haynes ARO WQ//828-296-4500/ Q • ( •bQ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Da e EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I NCO022900 I11 12I 09/08/25 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Darrell Young/ ORC and Keith Haynes of this office assisted in the inspection. Due to a power outage the facility was running on emergency power during the inspection. The permit will expire September 30, 2012. The logbook was on site along with a copy of the full permit. The Annual Performance Report for 2008 was received February 2009. The last compliance evaluation inspection was conducted by Wanda Frazier on June 13, 2007. The tubing on the composite sampler needs to be replaced. This facility appears to be well operated. Page# 2 Permit: NCO022900 Owner-Facility: Sugar Mountain WWl-P Inspection Date: 08/25/2009 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ ❑ n n Comment: The permit will expire 9/30/2012. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Record Keepinq Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years(lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain-of-custody complete? n Cl n ■ Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ n In n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Page# 3 Permit: NCO022900 Owner-Facility: Sugar Mountain WWTP Inspection Date: 08/25/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Diffused Type of aeration system Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ 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 Is the site free of weir blockage? ■ ❑ n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ■ n In n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) n n n ■ Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ n n n Page# 4 Permit: NCO022900 Owner-Facility: Sugar Mountain VWVfP Inspection Date: 08/25/2009 Inspection Type: Compliance Evaluation Flow Measurement-Effluent Yes No NA NE (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: The flowmeter was calibrated September 2008. Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑ (Sodium Hypochlorite) Is pump feed system operational? ■ ❑ ❑ ❑ Is bulk storage tank containment area adequate?(free of leaks/open drains) n ❑ ■ n Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth,or sludge buildup? ■ ❑ n In Is there chlorine residual prior to de-chlorination? ❑ ❑ n ■ Comment: De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ■ ❑ Is storage appropriate for cylinders? ■ ❑ n n #Is de-chlorination substance stored away from chlorine containers? ■ ❑ n n Comment: Are the tablets the proper size and type? ❑ In ■ ❑ Are tablet de-chlorinators operational? n ❑ ■ ❑ Number of tubes in use? Comment: Page# 5 Ak7; 011�'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 1, 2009 Harrison Construction Co.- Div. APAC Atlantic Inc. Michael Davis Don Mason PO Box 449 Franklin, NC 28734 Subject: Notice of Violation and Recommendation for Enforcement NOV-2009-PC-0047 Incident Closure Cherokee County Dear Sirs: The Division of Water Quality (DWQ) has received the Harrison-APAC Cherokee Quarry sample analysis results from Don Mason, related to the Notice of Violation and Recommendation for Enforcement NOV-2009-PC-0047. DWQ has reviewed the information provided and conducted a follow-up site visit on March 12, 2009. The written response, corrective measures and the sample analysis results observed at the site have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. This letter in no way precludes this Office for taking action on this or any other violation. Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs at(828) 296- 4500. Sincerely, r� Roger C. Edwards Surface Water Protection Section Regional Supervisor cc: ARO File Copy DWQ Central Files G:\WPDATA\DEMWQ\Cherokee\Stormwater Mining NCG 02\CherokeeQua-NCG020503\NOV-2009-pc-0047 Closure.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 + / Internet: www.ncwaterquality.org Xdtfly 19"/Y An Equal Opportunity I Affirmative Action Employer Ak MA 70�"A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 1, 2009 Dr. Richard Munger 28 Rhododendron Drive , Asheville, North Carolina 28805 Subject: Private Sewer Line Homeland Park Buncombe County Dear Dr. Munger: Thank you for your letter of August 26, 2009. 1 appreciate your willingness to live up to any maintenance obligation you may have to the private sewer on your property. In my letter, I forgot to mention that the owners of 64 Pine Cone Drive at the end of the sewer are in need of sewer service for a garage apartment that they have already partially constructed. Because of small pipe diameter, antiquities material and lack of maintenance they are unable to use the sewer for this apartment unless the sewer comes under the maintenance umbrella of the Metropolitan Sewerage District of Buncombe County. You could help your neighbor at 64 Pine Cone Drive gain sewer service for a project they have already invested money in by signing the Agreement. Thank you for your time. Sincerely, '_AEY�Roy M. avis Environmental Engineer Xc: Mike Butler, MSD G:\WPDATA\DEMWQ\Buncombe\Pine Cone Drive2.09.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-2964500\FAX:828-299-7043\Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer RC-brN-R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary September 2, 2009 Mr. Rex Woody Elk River Utility Inc. P.O. Box 240908 Charlotte, North Carolina 28224-0908 SUBJECT: Compliance Evaluation Inspection Status: Compliant Elk River WWTP Permit No: NCO058378 Avery County Dear Mr. Woody: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 25, 2009. The facility appeared to be in compliance with permit NC0058378. The kind assistance of Mr. Darrell Young during the inspection was appreciated. He is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, ) i anet Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Darrell Young/ ORC G:\WPDATA\DEMWQ\Avery\58378 Ells River\58378 CEI 09.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarol/ina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �Rtula/L� !lIRRR Internet:www.ncwaterguality.org United States Environmental Protection Agency Form Approved. E n/� Washington,D.C.20460 OMB No.2040-0057 r/`� Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO058378 111 121 09/08/25 117 18I CI 191 SI 20I—I Remarks 21IIIIIIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------------------Reserved---------------------- 67I 169 70I_I 71 I_I 721 NJ 73I I 174 751 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) Elk River WWTP 12:30 PM 09/08/25 07/11/01 NC Hwy 194 Exit Time/Date Permit Expiration Date Boomer NC 28606 12:55 PM 09/08/25 12/09/30 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 T Highley,PO Box 240908 Charlotte NC Contacted 282240908//704-525-7990/7045258174 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance ®Records/Reports ®Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell WQ//828-296-4500 Ext.4667/ Keith Haynes ARO WQ//828-296-4500/ p Sign t�ure of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Da l e e2 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I NCO058378 I11 12I 09/08/25 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Darrell Young/ORC and Keith Haynes of this office assisted in the inspection of this facility. The permit will expire September_30, 2012. The logbook was on site along with a full copy of the permit. The 2008 Annual Performance Report was received in February 2009. The facility has access to a portable generator in the event of a power outage. The flowmeter was calibrated in September 2008. The fence at the back of the plant next to the golf course should be repaired. The area at the discharge pipe should be maintained. This facility appears to be well operated. Page# 2 Permit: NCO058378 Owner-Facility: Elk River VWVTP ispection Date: 08/25/2009 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 ■ n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? n ■ n n Is the inspector granted access to all areas for inspection? ■ n n Comment: The permit will expire September 30, 2012. The fence at the back of the plant next to the golf course needs repair to prevent access by unauthorized personnel. Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n n n Judge,and other that are applicable? Comment: This facility appears to be well operated. Record Keepin Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ n n Is all required information readily available,complete and current? ■ ❑ n n Are all records maintained for 3 years(lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain-of-custody complete? n n n ■ Dates,times and location of sampling n Name of individual performing the sampling In Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete:do they include all permit parameters? ■ n In n Has the facility submitted its annual compliance report to users and DWQ? ■ In n n (if the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? ■ ❑ n n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n Page# 3 Permit: NCO058378 Owner-Facility: Elk RiverWVVfP Inspection Date: 08/25/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ ❑ n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/I) nnn ■ Comment: Secondary Clarifier Yes No NA NE U 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 El Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ ❑ n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the over-now clear of excessive solids/pin floc? ■ ❑ n n Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) n ❑ n ■ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n i Are the tablets the proper size and type? ■ nnn Page# 4 Permit: NC0058378 Owner-Facility: Elk RiverVVVVfP ,tspection Date: 08/25/2009 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Number of tubes in use? 4 Is the level of chlorine residual acceptable? n n .❑ Is the contact chamber free of growth,or sludge buildup? ® n ❑ n Is there chlorine residual prior to de-chlorination? n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 4 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: The area around the outfall needs to be trimmed. Page# 5 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary September 3, 2009 Ms. Jackie Carpenter Avery Development Corporation P.O. Box 326 Newland, North Carolina 28657 SUBJECT: Compliance Evaluation Inspection Status: Compliant Mountain Glen Golf Club WWTP Permit No: NCO033685 Avery County Dear Ms. Carpenter: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 27, 2009. The facility appeared to be in compliance with permit NC0033685. The kind assistance of Mr. Larry Townsend was appreciated during the inspection. He is doing a good job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, et Cantwe Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files WQ Lab & Operations/ORC G:\'d'.IPUATA\DEMWQ'8,very\33685 Mountain Glen Golf Club\33685 CEI 09-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\Customer Service:1-877-623-6748 NOrthCarolina //r� Internet:www.ncwateraualitv.or-q �gtur'Q�LJ� it United States Environmental Protection Agency 9 Y Form Approved.ton D.C.20460EPA OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code ill NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 3I'I N00033685 111 121 09/08/27 117 181 CI 19I SI 20I I� Remarks 21 6 Inspection Work Days Facility Self-Monitoring Evaluation on Rating B1 QA --------------------------Reserved-------------------- 67I 169 III 701 I 71 I_I 721 NJ 71 ' 174 751 I I I I I I 180 Section B: Facility Data w Name and Location of Facilit,Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Mountain Glen Golf Club 10:50 AM 09/08/27 06/12/01 Mtn Glen Resort Exit Time/Date Permit Expiration Date Newland NC 28657 11:10 AM 09/08/27 11/02/28 Names of Onsite Re resen lative s I( ) p ( )/Tlt es(s)/Phone and Fax Number(s) Other Facility Data Larry E Townsend/ORC/�04-898-9212/ Name,Address of Responsidl,le Official/Title/Phone and Fax Number Jackie Carpenter,PO ox 326 Newland NC 28657//704-733-5809/ Contacted Yes I�Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance 0 Records/Reports Self-Monitoring Program Facility Site Review Section D: SuliMmary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment l'llsummary) Nam e s and Si natures of Inspector(s)O 9 O i Agency/Office/Phone and Fax Numbers Ote �wa Janet Cantwel `ARO WQ//828-296-4500 Ext.4667/ qv�I Keith Haynes ARO WQ//828-296-4500/ 30 r Sig ture of Management Q lu Reviewer Agency/Office/Phone and Fax Num Aitiers Date A6W a EPA Form 3 0-3(Rev 9-94)IiIPrevious editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I NCO033685 (11 12I 09/08/27 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Larry Townsend/ORC and Keith Haynes of this office assisted in the inspection of this facility. Mr. Townsend stated the facility will shut down for the season in October. The permit will expire February 28, 2011. Please request a permit renewal 180 days prior to expiration. The logbook was on site along with a copy of the full permit. The Annual Performance Report for 2008 was received March 2009. A pump is on order for the declor feed; presently, the operator puts the declor in manually. The operator stated the return &skimmer pipes will be fixed when the facility is pumped down in the fall. It was noted that the stairway down to the discharge pipe had been knocked out by recent flooding; it needs to be fixed and returned to use so the operator can more easily access the discharge pipe for the required sampling. It appears that this facility is well operated. i Page# 2 Permit: NCO033685 Owner-Facility: Mountain Glen Golf Club .spection Date: 08/27/2009 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 n ■ n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The permit will expire February 28, 2011. Please request a permit renewal 180 days prior to expiration. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: It was noted that screens cover the facility to help prevent debris from the surrounding trees from entering the plant. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years(lab. reg. required 5 years)? n n ❑ ■ Are analytical results consistent with data reported on DM Rs? n n n ■ Is the chain-of-custody complete? n n n ■ Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete:do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ n ■ n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Page# 3 u Permit: NCO033685 Owner-Facility: Mountain Glen Golf Club Inspection Date: 08/27/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? ■ ❑ n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? nn ■ 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 n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/I) nnn ■ Comment: Secondary Clarifier Yes No NA NE - Is the clarifier free of black and odorous wastewater? ■ ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ ❑ ❑ n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) n n n ■ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n \` Page# 4 Permit: NC0033685 Owner-Facility: Mountain Glen Golf Club ,spection Date: 08/27/2009 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Number of tubes in use? 2 Is the level of chlorine residual acceptable? n n n Is the contact chamber free of growth,or sludge buildup? ■ n 00 Is there chlorine residual prior to de-chlorination? n n n ■ Comment: De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? n n ® n Are tablet de-chlorinators operational? n n ■ n Number of tubes in use? Comment: Page# 5 A74LA.- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 3, 2009 Rebecca L. Roberts Clinton J & Sally P. Spiegel 47 Ramoth Road 51 Ramoth Road Asheville, North Carolina 28804 Asheville, North Carolina 28804 Subject: Private Sewer Line Homeland Park City of Asheville Buncombe County Dear Sir & Madams: The sewer line serving your homes is failing, allowing the overflow of sewage onto the property at 15 Woodward Avenue. I have heard several options discussed for eliminating this illegal discharge. One involves the construction of a sewer by the Metropolitan Sewerage District of Buncombe County (MSD) from Woodward Avenue up to Hampshire Circle along a public right-of-way. I like this option except for the fact that budgetary constraints may not allow construction to begin until the 2010-2011 funding year. The overflow of sewage onto 15 Woodward Avenue cannot continue that long. The owners of 15 Woodward Avenue tell me that they are agreeable to the repair of the sewer on their property so long as the large tree on the corner of their property and their house are respected. They want their property reasonably restored at the conclusion of the project. My idea of a project involves tying into the old line at a point above the house at 15 Woodward, carrying the new line over near the eastern property boundary and then go generally south until the new line can be tied back into the older sewer where it again becomes functional. Any time you have the opportunity, wisdom would dictate that the old terracotta line should be replaced with modern materials. You should hire a plumber to perform this work. You should make inquiry of the City of Asheville as to whether or not a permit will be required. This project will SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Naturally Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer September 3, 2009 Page 2 of 2 obviously require close coordination with the owners of 15 Woodward Avenue. I find it reasonable that the overflow of sewage from your sewer line onto the property at 15 Woodward Avenue be ceased within 30 days from date of this letter. Please do not hesitate to call me should you need to discuss this matter. Sincerely, Roy M. avis Environmental Engineer Xc: Mr. And Mrs. Arthur Dougherty Mike Butler, MSD G:\WPDATA\DEMWQ\Buncombe\Woodward Avenue.09.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 4,2009 Approval of 401 Water Quality Certification with Additional Conditions Dr.Greg Thorpe,PhD.,Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh,North Carolina,27699-1548 Subject: Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act for Proposed Improvements to US Highway 19/US 19E from future I-26(existing US 19-23)to NCSR 1186 in Yancey County, State Project No. 6.869005T and 6.90900IT,TIP No.R-2518A, R-2518B and R-2519A. DWQ Project No.2007-1134V.4,Individual Certification No.3706. Dear Dr.Thorpe: Attached hereto is a modification of Certification No.3706 issued to the North Carolina Department of Transportation dated September 4,2009. This modification is applicable only to the additional proposed activities and is applicable only to Section R-2519A. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated October 11,2007 and subsequent modifications(dated March 17,2008 and February 20,2009), still apply, except where superceded by this Certification. If we can be of further assistance,do not hesitate to contact us. Sincerely, D� Coleen Sullins, cJ Director Attachments cc: David Baker,USACE,Asheville Field Office J.J. Swain,Division Engineer,NCDOT Division 13 Kathy Matthews,Environmental Protection Agency Marla Chambers,NCWRC Marella Buncick,USFWS Transportation Permitting Unit Mike Parker,Asheville Regional Office 071134V.4(Thorpe)US Highway 19-19E SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One t 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl,U1CaTO11111 one:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 �at�rall� ;rternet: www.ncwatergLiality.org An Equal Opportunity i Affirmative Action Employer Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 92-217 of the United States and subject to the North Carolina Division of Water Quality(DWQ)Regulations in 15 NCAC 211, Section .0500. This certification authorizes the NCDOT to impact 6,101 linear feet of streams and 0.30 acres of wetlands in the French Broad River Basin in Yancey County. The project shall be constructed pursuant to the modification request dated July 31,2009. The authorized impacts are as described below: Tablel-Stream Im acts in the French Broad River Basin for R-2519A Site Stream Stream bank Permanent Temporary Fill Total Stream Relocation in Stabilization Fill in in Perennial Stream Impacts Perennial in Perennial Perennial Stream (If) Impact Requiring R-2519A Stream(10 Stream(If) Stream (If) (10 Mitigation 1 1 0 13 55 16 84 0 2 0 26 59 18 103 0 3 0 13 41 8 62 0 4 0 33 13 12 58 0 5 0 0 83 13 96 0 6 0 30 51 11 92 0 7 0 0 0 0 0 0 8 0 0 19 9 28 0 9 0 16 16 25 57 0 9A 0 25 0 0 25 0 10 0 23 691 47 761 714 11 0 19 13 10 42 0 12 0 98 34 20 152 0 13 0 16 66 15 97 0 14 0 270 0 0 270 0 15 0 48 82 38 168 0 16 0 0 41 15 56 0 17 0 0 0 0 0 0 18 0 40 69 0 109 0 19 0 0 0 0 0 0 20 0 0 0 0 0 0 21 0 20 46 35 101 0 22 0 40 211 19 270 251 23 0 87 45 9 141 0 24 0 0 535 0 535 535 25 0 0 186 34 220 186 26 583 0 0 11 594 583 27 0 0 143 11 154 0 28 0 133 42 58 233 175 29 0 0 294 14 308 294 30 0 0 200 7 207 1 200 0 14 40 20 74 0 217 0 0 10 227 217 33 0 0 325 26 351 325 34 0 0 208 20 228 208 35 0 55 18 20 93 0 36 0 0 24 12 36 0 37 0 0 59 10 69 0 Total 800 1,019 3,709 573 6,101 3,688 Total Additional Stream Impact for R-2519A: 6,101 linear feet. Table 2-Wetland Impacts for R-2519A in the French Broad River Basin Site Fill Fill Excavation Mechanized Hand Total Wetland (ac) (temporary) (ac) Clearing Clearing Impact(ac) R-2519A (ac) (ac) (ac) 17-Non-Riverine 0.02 0 0 0.02 0 0.04 19 -Riverine 0.15 0 0 0.09 0 0.24 20-Riverine 0.01 0 0 0.01 0 0.02 Total 0.18 0 0 0.12 0 0.30 Total Wetland Impact for R-2519A: 0.30 acres. The application provides adequate assurance that the discharge of fill material into the waters of the French Broad River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore,the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,302, 303,306,307 of PL 92-S00 and PL 95-217 if conducted in accordance with the application nd conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application dated July 31, 2009 and received on August 6,2009. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated October 11, 2007 and modifications dated March 17,2008 and February 20, 2009, still apply except where superceded by this certification. Should your project change, you are required to notify the DWQ and submit anew application. If the property is sold, the new owner must be given a copy of the Certification and approval letter, and is thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this project(now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6)and(7). For this approval to remain valid,you are required to comply with all conditions listed below. In addition,you should obtain all other federal,state or local permits before proceeding with your project including(but not limited to) Sediment and Erosion control,Costal Stormwater,Non- discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding US Army Corps of Engineers Permit. Conditions of Certification: Project Specific Conditions 1. This Certification authorizes only impacts to streams and wetlands for Section R-2519A from Station No. -L- 228+50 to Station No.L-340+50. 2. Compensatory mitigation for impacts to 3,688 linear feet of streams at a replacement ratio of 1:1 is required. Compensatory mitigation for impacts to jurisdictional streams shall be provided by a combination of on-site stream restoration, enhancement, preservation, and through the NC Ecosystem Enhancement Program EEP will provide the required mitigation that cannot be provided onsite. The on-site stream relocation sha, constructed in accordance with the mitigation plans submitted in your July 31, 2009 application. All on-sL mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit Mitigation geodatabase. Please be reminded that as-builts for the completed streams shall be submitted to the NC Division of Water Quality Transportation Permitting Unit with the as-builts for the rest of the project. If the parameters of this condition are not met,then the permittee shall supply additional stream mitigation for the 3,688 linear feet of impacts. We understand that you have chosen to perform off-site 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 October 22, 2007 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project, in accordance with the Tri-Party MOA signed on July 22,2003 and the Dual Party MOA signed on April 12,2004. 3. The onsite stream mitigation shall be constructed in accordance with the design submitted in you July 31, 2009, application. Please be reminded that as-builts for the completed streams shall be submitted to the NC Division of Water Quality Transportation Permitting Unit with the as-builts for the rest of the project. If the parameters of this condition are not met,then the permittee shall supply additional stream mitigation for the 3,688 linear feet of impacts. All channel relocations will be constructed in a dry work area, shall be completed and stabilized, and must be approved by DWQ staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. All stream banks shall be matted with coir fiber matting. 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. Table 3-On-site Stream Miti ation for R-2519A Site Mitigation Type Length Buffer (ft.) (ft./side) 26(George Fork) Restoration 580 30 29 (Shoal Creek) Restoration 233 24 32(UT to Plum Creek) Restoration 210 20 33 (Plum Creek) Restoration 157 25 Total 1, 180 279 Additional mitigation credits may be available on R-2518A and R-251813. 4. The permittee shall monitor the stream relocation sites following the Level 1 protocols outlined in the"Stream Mitigation Guidelines"dated April 2003 with the following exceptions: a. Pebble counts shall not be conducted. b. Two cross sections shall be conducted for streams less than 500 linear feet and five cross sections shall be conducted for streams greater than 500 linear feet. c. Riparian success shall be by visual inspection of plant survival. Photos will be taken and comments noted on plant survival. tonitoring shall be conducted annually for a minimum of five years after final plantings. The monitoring alts shall be submitted to NCDWQ in a final report within sixty (60) days after completing monitoring. After Ave years the NCDOT shall contact the NCDWQ to schedule a site visit to"close out"the mitigation site. .'NCDOT shall adhere to all appropriate in-water work moratoriums (including the use of pile driving) prescribed by the US Fish and Wildlife Service and the NC Wildlife Resources Commission. Cane River and South Toe River-no in-water work from April 1 to June 30-Appalachian Elk-toe Mussel, Big Crabtree Creek-no in-water work from October 15 through April 15 -Brook or Brown Trout, Little Crabtree Creek, Brushy Creek and Long Branch- no in-water work from January 1 through April 15 - Rainbow Trout. All other unnamed tributaries should use the moratorium appropriate for the named stream they flow to, unless survey data indicate otherwise. 6. For projects impacting waters classified by the NC Environmental Management Commission as High Quality Waters (HQW), or Water Supply I or II (WS-I or WS-II) stormwater shall be directed to vegetated buffer areas, grass-lined ditches other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)) in areas draining to trout waters. However,due to the size of the project,NCDOT 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 should be planted on all bare soil within 15 business days of ground disturbing activities,to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas,and should be secured in place with staples and wherever possible,include live stakes of native trees. Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. General Conditions 8. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. Stormwater shall be managed in accordance with your State Stormwater Permit issued by DWQ. 9. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 10. 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. 11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ. 12. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across L, and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffet, before entering the stream. Please refer to the most current version of Stormwater Best Management Practice,, 13. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface water, This water shall be captured,treated and disposed of properly. 14. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 15. All bridge constriction shall be performed form the existing bridge, temporary work bridges, temporary causeways or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 16. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 17. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow-passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands 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. 18. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings ;- submitted for approval. 20. 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. 21. 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. 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 or federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 23. 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. 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 issuance of this certification does not exempt the Permittee from 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. 2 ermittee shall report any violations of this certification to the Division of Water Quality within 24 hours of .scovery. Gpon 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. 28. 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. 29. 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. 30. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 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 the 4th day of September 2009 DIVISION OF//WATER QUALITY /1 4�ev 01 Coleen Sullins, Director WQC No. 3706 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 8, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 7628 William M. Shephard Highlands Vistas 44 North Pine Circle Belleair, FL 33756 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Highlands Vistas DWQ Tracking Number: NCROO1871 NOV-2009-PC-0754 Construction Stormwater Permit NCG010000 Stream Standard Violation- Other Waste(In-stream sediment) Macon County Response deadline: September 25,2009 Dear Mr. Shephard On August 26, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection for Highlands Vistas along Cashiers Road in Macon County. Mr. Matt Mason from the Macon County Environmental Services Section was present. Construction Stormwater Permit NCGO10000 and stream standard violations were noted during the inspection and file review. Approximately 1,500 feet of sediment impacts to an unnamed tributary to Big Creek, classified as WS-II/Tr/HQW, were documented. VIOLATIONS I. Construction Stormwater Permit NCG010000 -A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. Specifically,the NCGO10000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. A copy of the SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarOhna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 �aturall� Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer William M.Shephard September 8,2009 Page 2 of 4 NCGO 10000 permit and accompanying documents may be downloaded from: http://h2o.enr.state.nc.us/su/Forms Documents.htm#stormwaterGP a. Rain Gauge (Part I. Section B. No. 1.)A rain gauge was not observed on the site at the time of inspection. b. Schedule of Compliance (Part I. Section C.No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited in the Macon County Environmental Services Section Notice of Violation dated August 15, 2009, represents a violation of NCGO 10000 Permit. c. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan, as cited in the Macon County Environmental Services Section Notice of Violation dated August 15, 2009, represents a violation of NCGO 10000 Permit. d. Twenty-four Hour Reporting (Part II. Section E.No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO 10000 Permit. II. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Approximately 1,500 feet of an unnamed tributary to Big Creek, classified as WS-II/ Tr/HQW, was impacted by sediment deposition greater than three inches throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) REQUIRED RESPONSE This Office requests that you respond by September 25, 2009. Your response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO 10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO 10000 Permit and your Erosion and Sediment Control Plan. c. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. .ard J09 II. Stream Standard- Other Waste (In-Stream Sediment) a. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. b. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from the unnamed tributary to Big Creek. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with developing your plan and receiving authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. William M.Shephard September 8,2009 Page 4 of 4 Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Chuck Cranford at(828) 296-4664. Sincerely, =fit Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Matt Mason-Macon County Planning ARO File Copy DWQ Central Files G:\WPDATA\DEMWQ\Macon\Stormwater Construction NCGOI\HighlandsVista\NOV-2009-PC-0754 9-2-09.doc KUM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Don Freeman Governor Director Secretary September 8, 2009 Mr. A. Everett Clark, Mayor City of Marion Post Office Drawer 700 Marion, North Carolina 28752 Subject: Permit No. WQ0034318 U.S. Highway 221 North City of Marion Wastewater Collection System Extension McDowell County Dear Mr. Clark: In accordance with your application received on August 31, 2009 we are forwarding herewith Permit No. WQ0034318, dated September 8, 2009, to the City of Marion for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.newaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper City of Marion September 8, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Marion for the construction and operation of approximately 1,645 linear feet of 8- inch gravity sewer to serve the U. S. Highway 221 North area and the discharge of 400 gallons per day of collected domestic wastewater into the City of Marion's existing sewerage system, pursuant to the application received on August 31, 2009 and in conformity with 15A NCAG 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 City of Marion Wastewater Treatment Facility (Permit No. NC0031879) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Co Teen H. Sullins, Director Division of Water Quality cc: McDowell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0031879) Randall B. Hintz, P.E. Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF MARION U.S. HIGHWAY 221 NORTH MCDOWELL COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034318 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No W00034318. City of Marion U.S. Highway 221 North McDowell County. September 8. 2009 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 ,t No W00034318 City of Marion U.S. Highway 221 North McDowell County. September 8 2009 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 8th day of September 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION rr.f•i `�.r Y,4 d for C 'teen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034318 3 Permit No W00034318 y of Marion U S Highway 221 North McDowell County. September 8 2009 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 1,645 linear feet of 8-inch diameter gravity sewer - Complete and submit this form to the Asheville regional office with the follo«<ing: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ....................................................................................... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Don Freeman Governor Director Secretary September 8, 2009 Ms. Sally Sandy, City Manager City of Morganton Post Office Box 3448 Morganton, North Carolina 28680-3448 Subject: Permit No. WQ0034321 City of Morganton Stonewall Holding, LLC Wastewater Collection.System Extension Burke County Dear Ms. Sandy: In accordance with your application received on September 2, 2009 we are forwarding herewith Permit No. WQ0034321, dated September 8, 2009, to the City of Morganton for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §1437215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper City of Morganton September 8, 2009 Page In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Morganton for the construction and operation of approximately 238 linear feet of 8-inch gravity sewer to serve a housing development and the discharge of 3,360 gallons per day of collected domestic wastewater into the City of Morganton's existing sewerage system, pursuant to the application received on September 2, 2009 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 City of Morganton Wastewater Treatment Facility (Permit No. NC0026573) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, 411 for Coleen H. Sullins, Director Division of Water Quality cc: Burke County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0031879) Todd J. Poteet, P.E. Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF MORGANTON STONEWALL HOLDING, LLC BURKE COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034321 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No W00034321 City of Morganton Stonewall Holding. LLQ: Burke County September 8 2009 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 lit No. W00034321. City of Morganton Stonewall Holding LLC* Burke County. September 8 2009 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 8th day of September 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION fOA Ween H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034321 3 Permit No W00034321. City of Morganton Stonewall Holding. LLC& Burke County September 8 2009 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 238 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced ) project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: :................................................................................................ SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ..................................................................................................: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. ;' NDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Don Freeman Governor Director Secretary September 8, 2009 Mr. A. Everett Clark, Mayor City of Marion Post Office Drawer 700 Marion, North Carolina 28752 Subject: Permit No. WQ0034319 U.S. Highway 226 City of Marion Wastewater Collection System Extension McDowell County Dear Mr. Clark: In accordance with your application received on September 1, 2009 we are forwarding herewith Permit No. WQ0034319, dated September 8, 2009, to the City of Marion for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper City of Marion September 8, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Marion for the construction and operation of approximately 731 linear feet of 8- inch gravity sewer to serve the U. S. Highway 226 area and the discharge of 1,280 gallons per day of collected domestic wastewater into the City of Marion's existing sewerage system, pursuant to the application received on September 1, 2009 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 City of Marion Wastewater Treatment Facility (Permit No. NC0031879) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, .for C leen H. Sullins, Director Division of Water Quality cc: McDowell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0031879) Randall B. Hintz, P.E. Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF MARION U.S. HIGHWAY 226 MCDOWELL COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT`d Q0034319 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations- 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No W00034319, City of Marion U.S. Highway 226 McDowell County, September 8 2009 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the Life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 nit No W00034319 City of Marion U.S. Highway 226 McDowell Count, September 8 2009 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 8th day of September 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Co en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034319 3 Permit No W00034319 City of Marion U.S. Highway 226 McDowell County September 8 2009 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 731 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: .................................................................................................. SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................. The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. AJ�A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 8, 2009 Mr. Aaron Hamlin Wedgefield Acres Mobile Home Park 558 Pond Road Asheville, NC 28806 Subject: NOTICE OF VIOLATION NOV-2009-MV-0137 Permit No. NCO062634 Wedgefield Acres MHP WWTP Buncombe County Dear Mr. Hamlin: A review of Wedgefield Acres MHP WWTP's monitoring report for June 2009 showed the following violations: Parameter Date Measuring Frequency Violation Flow 06/06/09 Continuous Failure to monitor continuously Flow 06/07/09 Continuous Failure to monitor continuously Flow 06/13/09 Continuous Failure to monitor continuously Flow 06/14/09 Continuous Failure to monitor continuously Flow 06/20/09 Continuous Failure to monitor continuously Flow 06/21/09 Continuous Failure to monitor continuously Flow 06/27/09 Continuous Failure to monitor continuously Flow 06/28/09 Continuous Failure to monitor continuously Remedial actions, if not already implemented, should be taken to correct any problem. The reverse side of the relevant DMR required an adequate explanation for any and all violations. If an explanation was provided, then it is not requested that a response be submitted. If an explanation was not provided or should you have additional information concerning the violation(s), please submit ahem to the attention of Wanda Frazier. NorthCarolina NaNralli North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 If missing data is available, please provide this data by re-submitting two copies of the. DMR to Central Files(to the address provided on the DMR) and highlighting the additional data. comments (such as, "Amended"). The Division of Water Quality may pursue enforcement actions t., this and any additional violation(s). If violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional information. If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828-296- 4500. Sincerely, Ai Roger C. Edwards, Regional Supervisor Surface Water Protection Section xc: Central Files ARO Files NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 8, 2009 Ms. Beverly L. Schwing Pine Mountain Property Owners Assn. 8456 Wards Gap Road Connellys Springs, NC 28612 Subject: NOTICE OF VIOLATION NOV-2009-LM-0025 Permit No. NCO036935 Pine Mountain Lakes WWTP Burke County Dear Ms. Schwing: A review of Pine Mountain Lakes WWTP's monitoring report for June 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform 06/24/09 400 #/100m1 600 #/100ml Daily Maximum Exceeded Parameter Date Measuring Violation . Frequency Total 06/30/09 Quarterly Failure to monitor Phosphorus Total Nitrogen 06/30/09 Quarterly Failure to monitor Remedial actions, if not already implemented, should be taken to correct any problem. The reverse side of the relevant DMR required an adequate explanation for any and all violations. If an explanation was provided, then it is not requested that a response be submitted. If an explanation was not provided or should you have additional information concerning the violation(s), please submit them to the attention of Wanda Frazier. NorthCarolina Natilra!!y North Carolina Division of Water Quality 2090 U.S.Highway 70;Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwateraualitv.ong FAX (828)299-7043 1-877-623-6748 If missing data is available, please provide this data by re-submitting two copies of the",,,, original DMR to Central Files (to the address provided on the DMR) and highlighting the additional data and comments(such as, "Amended"). The Division of Water Quality may pursue enforcement actions for this and any additional violation(s). If violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional information. If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828- 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section xc: Central Files ARO Files �i Ai 4", NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 8, 2009 Mr. Michael A. Cornblum Smoky Mountain Country Club Estates PO Box 937 Whittier, NC 28789 Subject: NOTICE OF VIOLATION Permit No. NCO084441 Smoky Mountain Country Club Swain County Dear Mr. Cornblum: A review of Smoky Mountain Country Club's monitoring report for May 2009 showed the following violations: Parameter Date Measuring Frequency Violation pH April 26 to May 2, 2009 Weekly Failure to monitor Remedial actions, if not already implemented, should be taken to correct any problem. The reverse side of the relevant DMR required an adequate explanation for any and all violations. If an explanation was provided, then it is not requested that a response be submitted. If an explanation was not provided or should you have additional information concerning the violation(s), please submit them to the attention of Wanda Frazier. If missing data is available, please provide this data by re-submitting two copies of the original DMR to Central Files (to the address provided on the DMR) and highlighting the additional data and comments (such as, "Amended"). The Division of Water Quality may pursue enforcement actions for this and any additional violation(s). If violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional information. If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828- 296-4500. Sincerely, 741- Rogel=C. Edwards, Regional Supervisor xc: Central Files Surface Water Protection Section ARO Files NorthCarolina Nahtrall North Carolina Division of Water Quality 2090 U.S.Highway 70;Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterguality.org FAX (828)299-7043 1-877-623-6748 A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 8, 2009 Ms. Margaret Crownover, President Laurel Hills Homeowners Association PO Box 1537 Franklin, NC 28734 Subject: NOTICE OF VIOLATION NOV-2009-LV-0397 Permit No. NCO060844 Laurel Hills WWTP Dear Ms. Crownover: Macon County A review of Laurel Hills WWTP's monitoring report for June 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Dissolved Oxygen 06/25/09 6 mg/I 5.3 mg/I Daily Minimum Not Reached pH 06/30/09 6 su 4.5 su Daily Minimum Not Reached Remedial actions, if not already implemented, should betaken to correct any problem. The reverse side of the relevant DMR required an adequate explanation for any and all violations. If an explanation was provided, then it is not requested that a response be submitted. If an explanation was not provided or should you have additional information concerning the violation(s), please submit them to the attention of Wanda Frazier. If violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional information. If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828- 296-4500. Sincerely, 17 -a-1 ( Roger C. Edwards, Regional Supervisor Surface Water Protection Section xc: Central Files ARO Files NorthCarolina Natura!!if North Carolina Division of Water Quality 2090 U.S.Highway 70;Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX(828)299-7043 1-877-623-6748 �_.... _1 �_ /;; A74J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 8, 2009 Mr. Ian R. Denham The Mountain Retreat & Learning Center PO Box 1299 Highlands, NC 28741 Subject: NOTICE OF VIOLATION NOV-2009-MV-0138 Permit No. NCO061123 The Mountain Retreat & Learning Center WWTP Dear Mr. Denham: Macon County A review of The Mountain Retreat & Learning Center WWTP's monitoring report for May 2009 showed the following violations: Parameter Date Measuring Frequency Violation Dissolved Oxygen 04-26-09 to 05-02-09 Weekly Failure to monitor Remedial actions, if not already implemented, should be taken to correct any problem. The reverse side of the relevant DMR required an adequate explanation for any and all violations. If an explanation was provided, then it is not requested that a response be submitted. If an explanation was not provided or should you have additional information concerning the violation(s), please submit them to the attention of Wanda Frazier. If missing data is available, please provide this data by re-submitting two copies of the original DMR to Central Files (to the address provided on the DMR) and highlighting the additional data and comments (such as, "Amended"). The.Division of Water Quality may pursue enforcement actions for this and any additional violation(s). If violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional information. If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828-296- 4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section xc: Central Files ARO Files N tura!!ff North Carolina Division of Water Quality 2090 U.S.Highway 70;Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 8, 2009 Mr. George Shook, Jr. Wildcat Cliffs Country Club 770 Country Club Drive Highlands. NC 28741 Subject: NOTICE OF VIOLATION NOV-2009-LV-0396 Permit No. NCO075612 Wildcat Cliffs Country Club WWTP Macon County Dear Mr. Shook: A review of Wildcat Cliffs Country Club WWTP's monitoring report for June 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Dissolved Oxygen 06/30/09 6 mg/I 5.1 mg/I Daily Minimum Not Reached Remedial actions, if not already implemented, should betaken to correct any problem. The reverse side of the relevant DMR required an adequate explanation for any and all violations. If an explanation was provided, then it is not requested that a response be submitted. If an explanation was not provided or should you have additional information concerning the violation(s), please submit them to the attention of Wanda Frazier. If violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities; then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional information. If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828- 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section xc: Central Files ARO Files None rthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70;Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 /_ , i l �_/ �. � NUMA .ram NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 8,2009 Mr. William A. Barrett Environmental Supervisor NC Department of Transportation 1598 Mail Service Center Raleigh,North Carolina, 27699-1598 Subject: NCDOT TIP No. 4765,NCSR 1574 Kyles Creek and Three Unnamed Tributaries,Class C-trout French Broad River Basin, 040302 Henderson County Dear Mr. Barrett: On September 3,2009, at your request NC Division of Water Quality(NCDWQ)staff,conducted an on- site determination to review drainage features located at NCSR 1574,Bridge 113,Kyles Creek near Fruitland,North Carolina,Henderson County. The drainage features are approximated on the attached map initialed and dated September 4,2009. Listed below are the stream determinations made: Stream ID Classification SA Intermittent SB Intermittent SC Perennial This letter only addresses the applicability to the mitigation rules and does not approve any activity within the buffer, Waters of the United States, or Waters of the State. Any impacts to wetlands and streams must comply with 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and local regulations. You should note new stream mitigation rules go into effect on October 16, 2009. For linear transportation projects, impacts greater than 150 linear feet of intermittent streams may require mitigation. Determinations will be made on a per stream basis. The owner(or future owners)or permittee should notify NCDWQ(and other relevant agencies)of this decision in any future correspondences concerning this property and/or project. This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local Authority that a surface water exists and that it is subject to the mitigation rules may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Brian Wrenn,NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by NCDWQ or Delegated Local Authority that SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Naturallff An Equal Opportunity t Affirmative Action Employer Mr. William A. Barrett September 8,2009 Page Two "exempts" a surface water from the mitigation rules may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party(including downstream and adjacent landowners) is notified of this decision. NCDWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. 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 determination is final and binding unless you ask for a hearing within 60 days. If you have any additional questions or require additional information please call me at 828-296-4500 or at mike.parker@ncdenr.gov. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Dave Baker, USACE—Asheville Field Office Transportation Permitting Unit Mike Parker �5 4 °t }V :1"ll ,�.n 7 Tg k2 Y {�ki, kp�" 4„ it ,,g ,3 S 11S.,4hy�� ., ` L t "H 1'YS b 4 "�1..r "k A i 3t>a x- L,S" , 'x 4 r v r S s 1 , ' ''�a: a S '�0 a.. u t6 a ,� C k , ,O,S i. 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Sullins Dee Freeman Governor Director Secretary September 8, 2009 Mr. Jeremy Nauert Colbond Inc 1451 Sand Hill Rd Enka,NC 28728 SUBJECT: NPDES Stormwater Permit Compliance Inspection Colbond, Incorporated Permit No: NCS000179 Buncombe County Dear Mr. Nauert: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on August 25, 2009 at the Colbond, Incorporated, Enka facility. Jeff Menzel and I appreciate your assistance while conducting the inspection, as well as the assistance of Mr. Gaddy and Mr. Trantham. A summary of the inspection is provided with this letter. As we discussed on-site, the Division will continue to assist you with determining appropriate sampling points. An updated stormwater pollution prevention plan should be completed within 90 days of the effective date of the new permit(and annually thereafter). Following the determination of the sampling points for quantitative and qualitative sampling, along with completion of the updated plan, the Division expects that Colbond will resolve the existing non-compliance issues noted in the inspection report. The Division also recommends that Colbond work with Enka Water Control to ensure that the stormwater outfall remains clear of debris, and that the vegetation is regularly trimmed to allow easy access. Please contact me at(828) 296-4665 or Susan.A.Wilson(2ncdenr.gov, if I can be of any further assistance. Sincerely, r `�f/, Susan A. Wilson, Environmental Engineer Surface Water Protection cc:Central Files. ARO Files S WPU/Robert Patterson (e-copy) G:\WPDATA\DEMWQ\Buncombe\Stormwater Colbond NCS000179\Colbond Insp Ittr 2009.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 011e Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877.623-6748 NorthCarollna Internet:www.ncwaterquality.org ;Vaturallff An Equal Opportunity\Affirmative Action Employer _..� �� i Compliance Inspection Report Permit: NCS000179 Effective: 04/14/00 Expiration: 04/30/05 Owner: Colbond Inc SOC: Effective: Expiration: Facility: Colbond Inc County: Buncombe 1451 Sand Hill Rd Region: Asheville Enka NC 28728 Contact Person: Ray Ackerman Title: Phone:828-667-7277 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): JeAZA Y NAuv,/L( >V�44 jArV 0y Related Permits: DoN '4 ns Inspection Date: 08/25/2009 Entry Time: 10:00 AM Exit Time: 01:15 PM Primary Inspector: Susan A Wilson Phone:828-294-4500 Secondary Inspector(s): Jeff Menzel Phone: Reason for Inspection: Routine Inspection Type:Stormwater Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ❑Compliant ■ Not Compliant Question Areas: ■Storm Water (See attachment summary) Page: 1 Permit: NCS000179 Owner-Facility: Colbond Inc Inspection Date: 08/25/2009 Inspection Type:Stormwater Reason for Visit:Routine Inspection Summary: Division of Water Quality staff(Susan A. Wilson and Jeff Menzel) met with Mr. Jeremy Nauert(Quality, Health, Safety and Environmental Manager)at the site on August 25, 2009. Colbond extrudes polymer pellets to manufacture nonwoven fabric used for carpet backing, in the construction industry, etc. Part of the north end of the site has been sold to Fletcher Partners and is in the process of demolition. Colbond owns the southern portion of the site and leases much of that space.A non-profit corporation (Enka Water Control)was formed among the various site owners to control the dike,flood pumps, and outfalls. This scenario makes for complications in determining an appropriate monitoring outfall that is the sole responsibility of Colbond and that will be representative of runoff from Colbond's site. A tour was conducted of the exterior of the facility, observing the potential stormwater exposure areas, outfalls, and site conditions During the visit,the Stormwater Pollution Prevention Plan manual was reviewed, operational activities and existing stormwater exposures were discussed. The stormwater permit is currently up for renewal and some of the proposed changes were discussed with Mr. Nauert(especially regarding the"tiered"aspect of the permit). As noted in the inspection questionnaire section,the stormwater pollution prevention plan has not been properly updated (this plan should be updated within 90 days of the effective date of the new permit and annually thereafter). Due to the state of flux of the site,the qualitative and quantitative monitoring was not conducted as required by the permit. Based on conversation with Mr. Nauert during the site visit, and resolution of the appropriate monitoring areas-this noncompliance will be remedied after issuance of the current permit(if not before). Secondary containment surrounds existing fuel tank areas.The size of the secondary containment is unknown-but should be stated and provided within the stormwater pollution prevention plan.Any stormwater from the these areas can be pumped out(after ensuring there is no petroleum contamination). No vehicle maintenance is conducted on-site. Again, at this time the Division and Mr. Nauert determined the northern edge of the property line at the east side ditch is an appropriate location for analytical and qualitative monitoring. As dist�ssed on-site, Colbond may also wish to perform �- analytical monitoring upstream of its site to ensure that any runoff from upstream impacts do not adversely affect Colbond's analytical monitoring results. The monitoring location for the west side is a bit more complex. Monitoring may need to be continued at the existing westside outfall location if the upstream storm drain area is not feasible. In addition,the stormwater drains should be reviewed more thoroughly in light of the current demolition to determine what drainage pipes are still viable and what Colbond is responsible for. Colbond should discuss with this office what the final decision is with regard to qualitative and analytical monitoring sites for the west side of the facility. The Division recomends Colbond work with its nonprofit partner, Enka Water Control, to ensure that the stormwater outfall (westside) remains clear of debris and the vegetation is trimmed enough to allow easy access. Page: 2 Permit:NCS000179 Owner-Facility: Colbond Inc Inspection Date:08/25/2009 Inspection Type:Stormwater Reason for Visit:Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ Cl ❑ #Does the Plan include a General Location(USGS)map? ■ ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? ■ ❑ 11 ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ Cl ❑ #Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ #Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ #Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ #Does the Plan include a BMP summary? ■ ❑ ❑ ❑ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ■ ❑ ❑ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ #Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ #Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ #Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: The stormwater pollution prevention plan has not been updated annually as required by the permit. The plan needs to be updated with respect to the current conditions (the division of property) and it needs to be updated annually. The older plan did have the majority of components listed above, but the permittee should ensure the all components of the stormwater pollution prevention plan are included and updated. The Division will require the updated plan to be completed within 90 days of the effective date of the new permit. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Not all the required qualitative monitoirng was performed -only through November 2007 (parts of the site were sold and there was confusion regarding the monitoring). The Division worked with Mr. Nauert regarding the best potential sites for qualitative and quantitative monitoring. While the east side point has been determined-there are still issues to be worked out regarding the best monitoring site for the west side. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Page: 3 Permit:NCS000179 Owner-Facility: Colbond Inc Inspection Date: 08/25/2009 Inspection Type:Stormwater Reason for Visit:Routine Comment: Some of the analytical monitoring was performed - but not all that was required (due to the flux with some of the site being sold off, etc.). As stated previously, the Division worked with Mr. Nauert regarding the best potential monitoring sites. The lapse in monitoring should not occur in the future. Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n n In #Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ #If the facility has representative outfall status, is it properly documented by the Division? ❑ n ■ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? n n Comment: Again - due to parts of the site being sold off-the Division is working with Colbond/Mr. Nauert regarding optimal monitoring sites that are reflecting of what Colbond is responsible for at the site. Page: 4 w..► A NCDENR North Carolina Department of Environment and-Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary September 9, 2009 Ms. Marisue Hilliard USDA Forest Service 160 Zillicoa St., STE A Asheville,NC 28801 Subject: 401 Water Quality Certification - Approval Bent Creek System Trail #660 Wolf Branch Stream Crossing Improvement DWQ Project# 09-0807 Buncombe County French Broad 02/Wolf Branch/6-67-9/B Dear Ms. Hilliard: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 35 feet of stream and for the purpose of stream enhancement and trail restoration at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 35 (feet) Wolf Branch, Bent Creek System Trail #660 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarolina Internet:www.nrwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Naturally Ms.Hilliard September 9,2009 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 Susan A. Wilson in the Asheville Regional Office at 828-296-4500. Sincerely, A Coleen H. Sullins, Director CHS/saw Eric: GC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office (e-copy) 401 Permitting Unit—Central Office (e-copy) Brady Dodd, USDA Forest Service (e-copy) File Copy G:\WPDATA\DEMWQ\Buncombe\401 s\USDA Forest Service Projects\Bent Creek Tr 660 approval 9 2009.doc ACDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 10, 2009 Mr. Christopher A. Miles Mrs. Christina M. Miles 4900 Mineral Springs Road Connelly Springs,North Carolina 28612 SUBJECT: NOTICE OF Continuing VIOLATION and RECOMMENDATION FOR ENFORCEMENT Miles Property NOV-2009-DV-0249 Stream Standard Violation- Other Waste (In-stream sediment) Removal of Best Usage Burke County Response deadline: September 28, 2009 Dear Mr. and Mrs. Miles: On August 28, 2009, Rick Allred of the North Carolina Division of Land Resources and Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at your property along Mineral Springs Road in Burke County, Construction Stormwater Permit NC7010000, 401 certification, and stream standards violations were noted during the inspection and file review. Sediment impacts to un-named tributary to Cub Creek, a class C water, were documented constituting permit and standard violations. It was noted that between 6 and 12 inches of sediment had been deposited in the un-named tributary for its entire length through the property and sediment impacts continued beyond the NC DOT culvert under Mineral Springs Road. As a result of the site inspection and file review, the following violations, detailed below, were noted: I Construction Stormwater Permit NCGO10000 11 Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f III Removal of Best Usage 15A NCAC 02B.0211 (2) SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 yr Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer ;►'atuE "Y Christopher and Christina Miles September 10,2009 Page 2 of 4 VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. This permit applies to projects that receive a Division of Land Resources (DLR) for disturbance of 1 acre or greater. Specifically, the NCGO10000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. As no Erosion and Sediment Control Plan approval was applied for, you have failed to secure a Construction Stormwater Permit as required. II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 750 linear feet of an un-named tributary to Cub Creek, a Class C water, was impacted by sediment deposition greater than six inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) III. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 750 feet of an an un- named tributary to Cub Creek, a Class C water, was impacted by fill, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE This Office requests that you respond on, or before, September 28, 2009. Your response should be sent to both the attention of Kevin Barnett, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCGO10000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. c. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Your response should address the following requirements: A Rainfall is to be monitored and recorded daily as noted in the RAINFALL Section of the form. Rainfall data should not be reported based on a weekly accrual read of the date of the inspection. ,Christina Miles ,,2009 ___._•- Erosion_and_Sedimentation Control Facilities are to be inspected every week and after each '/2 inch rain event. It is required to individually list each of the BMPs (e.g. basins, silt fences, etc.)to be inspected,the date and time inspected, the initials of the inspector, whether the device is operating properly, and any corrective actions taken as noted in the EROSION AND SEDIMENTATION CONTROL FACILITES INSPECTED Section of the form. • Stormwater Discharge Outfalls are to be inspected every week and after each 1/2 inch rain event. It is required to individually list each of the outfalls to be inspected, the date and time inspected, the initials of the inspector, clarity, floating and suspended solids, oil sheen, other pollution indicators, visible sediment, and any preventative or corrective actions taken as noted in the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS Section of the form, II. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain when construction (excavation, grubbing, and clearing)began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response; e. Please submit a Sediment Removal Restoration Plan (Restoration Plan)to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment from an un-named tributary to Cub Creek (both within the property boundaries and any downstream material released from the property in question. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation.You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development, permit application and authorization necessary to achieve compliance. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during restoration plan development, The Restoration Plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. Christopher and Christina Miles September 10,2009 Page 4 of 4 _A narrative explaining how sediment will be retained_on the site and kept outof- waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Kevin Barnett. III. Removal of Best Usage— 15A NCAC 02B.0211 (2) a. Please submit the following documents for review and approval: • Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted • It is required that you contact the Division of Land Resources and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this _ correspondence will be considered in this process. This office requires that the violations, as - detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Kevin Barnett at (828) 296-4657. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Burke County Planning G:\WPDATA\DEMWQ\Burke\Stormwater Construction NCGO1\NOV2009DVO249.MilesMotocrosstrack.Burke.doc RCMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Don Freeman Governor Director Secretary September 10, 2009 Ms. Carol Burton, Treasurer Marion Forest Condominiums Association, Inc. 87 Marion Forest Road, Box 9 Sylva, North Carolina 28779 Subject: Permit No. WQ0034320 Marion Forest Condominiums Association, Inc. Marion Forest Condominiums Wastewater Collection System Extension Jackson County Dear Ms. Burton: In accordance with your application received on September 2, 2009 we are forwarding herewith Permit No. WQ0034320, dated September 10, 2009, to the Marion Forest Condominiums Association, Inc. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 that requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 2.8778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Marion Forest Condominiums Association, Inc. September 10, 2009 Page In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Marion Forest Condominiums Association, Inc. for the construction and operation of approximately 370 linear feet of 8-inch gravity sewer and approximately 290 linear feet of 6-inch diameter gravity sewer to serve the Marion Forest Condominiums and the discharge of 720 gallons per day of collected domestic wastewater into the Tuckaseigee Water and Sewer Authority's (TWSA) existing sewerage system, pursuant to the application received on September 2, 2009 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 Tuckaseigee Water and Sewer Authority Wastewater Treatment Facility (Permit No. NC0039578 ) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Jackson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0031879) Victor Lofquist, P.E. Surface Water Protection Section Central Files PERCS Files NORTH CAROLING ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MARION FOREST CONDOMINIUMS ASSOCIATION, INC. MARION FOREST CONDOMINIUMS JACKSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034320 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee.shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2D .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 i Permit No W00034320, Marion Forest Condominiums Assoc., Marion Forest Condos.. Jackson Co., Sep. 10 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable, the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §.143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 - ,,mit No. WQ0034320, r' Forest CondominiumsAssoc., rin For 9 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line' blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the I oth day of September 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ,�&4,.;4 r = for Co en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034320 3 Permit No W00034320, Marion Forest Condominiums Assoc Marion Forest Condos Jackson Co Sep 10 - ENGINEERING-CERTIFICATION = POST CONSTRUCTION System Description: 370 linear feet of 8-inch diameter gravity sewer and 290 linear feet of 6-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ..................................................................... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................. The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. &74L) WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary September 11, 2009 Garland Norton Town of Old Fort PO Box 520 Old Fort NC 287620520 SUBJECT: Pretreatment Compliance Inspection Old Fort WWTP Permit No: NCO021229 McDowell County Dear Mayor Norton: Enclosed please find a copy of the Pretreatment Compliance Inspection Report from the inspection which I conducted of the Town's modified Pretreatment Program on August 26, 2009. Also, please note that the 2008 Pretreatment Annual Report, which the Town submitted, has been reviewed with no problems noted. The facility was found to be in Compliance with permit NCO021229 and applicable pretreatment program regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance of Tony West during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 296-4500. Since?Hagyn Keith Environmental Senior Specialist Enclosure cc: Anthony Glenn West, ORC Central Files PERCS Unit G:\VVPDATA\DEMWQ\Mcdowellt'L1229 Oid Fort V1JVVTP\PC12009.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\Customer Service: 1-877-623-6748 NorthCaro/l/ina Internet:www.ncwaterguality.org Naturally i- �i, �.�� United States Environmental Protection Agency Form Approved. C Washington,D.C.20460 OMB No.2040-0057 EPA E Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 N00021229 Ill 121 09/08/26 117 18I PI 191 sI 201 Remarks 211111111111111111 11111111 1111 111111111111111111Ill Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved--------------------- 67) 169 701 I 711 I 721 NJ 731 11 74 751 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) 01:30 PM 09/08/26 05/11/01 Old Fort WWTP Catawba Ave US Hwy 70 Exit Time/Date Permit Expiration Date Old Fort NC 28762 03:00 PM 09/08/26 10/01/31 Name(s)of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data Anthony Glenn West/ORC/828-668-4561/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Garland Norton, /// Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes/�' ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards -- G 5— ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO021229 I11 12I 09/08/26 ( 17 18N Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see attached PCI Report for details. A review of the Town's Pretreatment Annual Report revealed that it was prepared according to applicable regulations. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT ,ROUND INFORMATION (Complete Prior To PCI;Review Program Info Database Sheet(s)I Control Authority(POTW)Name: Town of Old Fort 2. Control Authority Representative(s): Tony West 3. Title(s): Pretreatment coordinator 4. Last Inspection Date:_08/14/08 Inspection Type(Check One): ® PCI ❑ Audit S. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES ®NO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO PCS CODING Trans.Code Main Program Permit Number MMIDD/YY Inspec.Type Inspector Fac.Type N 1 I N I C 1 0 1 0 1 2 11 12 12 19 1 108 126 1091 LT- I sJ 1 I (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUS)? 1 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 0 CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0 10.Number of SIUS Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Higher Number of 9 or 10 0 NOIN 12.Number of SIUS With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUS in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 pSNC Semi-Annual Periods(Total Number of SIUS in SNC) --J4.Number of SIUS in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC .15.Number of SIUS In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ®YES ❑NO If Yes,What are the Parameters and How are these Problems Being Addressed? Cyanide and TSS 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial [:]YES ®NO Discharge(Interference,Pass-Through,Blockage,Citizens'Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: None either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: None(out 1st half of 2009) Public Notice?(May refer to PAR if Excessive SIUS in SNC) Not Published: None 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has a Signed Copy of the Order been sent to the Division? NONE 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ®NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO Is LTMP/STMP Data Maintained in a Table or Equivalent? ®YES ❑NO Is Table Adequate? ® YES ❑NO z3. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES❑NO DWQ Inspector,please verify yourselfl 26. If NO to 23-26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ® NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/2-5/07 Page 1 28. PRETREATMENT PROGRAM ELEMENTS REVIEW—Please review POTW files,verify POTW has copy of Prog. their files, complete with supporting documents and copy of PERCS Approval Letter,and dates consistent with Pro ram Info:' Program Element Last Submittal Last Approval Date Next b. Date In file? Date In file If Applicable Headworks Analysis(HWA) 07/08/09 ®Yes ❑ No 02/25/04 ®Yes❑ No Industrial Waste Survey(IWS) 08/09/05 ®Yes ❑ No 09/27/05 ®Yes❑ No 08/31/10 Sewer Use Ordinance(SUO) 06/29/07 ®Yes ❑ No 10/18/07 ®Yes❑ No Enforcement Response Plan(ERP) 04/05/05 ®Yes❑ No 05/04/05 ®Yes❑ No Long Term Monitoring Plan(LTMP) 08/10/07 ®Yes❑ No 12/17/07 ❑Yes❑ No 09/01/12 INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name F Pisgah Yarn and Dye 30. IUP Number F01 1� 31. Does File Contain Current Permit? �®Yes ❑ No 11 ❑Yes ❑ 1 ❑Yes ❑ No 32. Permit Expiration Date 04/30/14 — � 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A �— N/A 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 ❑Yes ❑ ❑Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a. ❑Yes MNo a. ❑Yes❑No a. ❑Yes ON b.If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes MNo b. ❑Yes❑No 11 b. ❑Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑NoMN/A ❑YesDNo❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 38. a.Does File Contain Original Permit Review Letter from the Division? a. [-]Yes MNo a. ❑Yes❑No a. ❑Yes❑No b.All Issues Resolved? Review not complete 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? I ®Yes ❑ No 11 ❑Yes ❑ No ❑Yes ❑ No 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its MYesDNo❑N/A ❑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 ®YesDNo❑N/A ❑YesONoON/A 11 ❑YesDNo❑N/A on time? _ 42a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑YesDNo®N/A ❑Yes❑NoDN/A DYes❑No❑N/A file includeprocess/dilution flows as Required by IUP? I I _ 42b.For categorical IUs with Production based limits,does file include DYes❑NoNN/A ❑YesDNo❑N/A ❑Yes❑No❑N/A production rates and/or flows as Required by IUP? ii I 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 ❑YesONoMN/A ❑Yes❑No❑N/A 0Yes❑No0N/A All Re ortin 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 46. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No 11 ❑Yes ❑ No ❑Yes ❑ No 47. During the Most Recent Semi-Annual Period,Was Enforcement Taken DYes❑No®N/A ❑Yes❑No❑N/A -❑YesDNo❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 11 48. Does the File Contain Penalty Assessment Notices? ❑Yes❑NoON/A ❑Yes❑NoDN/A ❑Yes❑No❑N/A 49. Does The File Contain Proof Of Penalty Collection? DYes❑No0N/A 11 ❑Yes❑NoDN/A ❑YesEl oDN/A 50. 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 51. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No ❑Yes ElNo ❑Yes ❑ No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25.107 Page 2 COMMENTS: found in good order. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type N l l a l 1 l 11 I I J S j L 2-j (DTIA) (TYPI) (INSP) (FACC) 1.Industry Inspected: 2.Industry Address: 3.Type of Industry/Product: 4.Industry Contact: 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 ❑YES ❑NO E. Exit Interview ❑YES ❑NO Industrial Inspection Comments: OVERALL SUMMARY AND COMMENTS: Comments: No industrial inspection performed during this PCI as the facility was inspected during last years PCI Requirements: Get a copy of spill plan from industry and place in the SIU file. Recommendations: Don't forget to perform SIU infection before end of 2009. Keep up the good work. NOD: ❑YES ®NO NOV: ❑YES ®NO QNCR: ❑YES ❑NO POTW Rating: Satisfactory X Marginal UnSatisfactory ay ICI COMPLETED BY: Keith Hnes DATE: August 26,2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 I /�.. `� ,' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 14, 2009 Mr. Sam Greenwood, Town Manager Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: Permit No. WQ0034332 Town of Franklin Riverview Pump Station & Force Main Wastewater Collection System Extension Macon County Dear Mr. Greenwood: In accordance with your applications received on February 5,2009 and September 8, 2009 we are forwarding herewith Permit No. W00034332, dated September 14, 2009 to the Town of Franklin for the construction and operation of the subject wastewater collection system extension. With the issuance of Permit Number WQ0034332, Permit Number WQ0033814 is null and void. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 One An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper NOrthCarolina Naturally Town of Franklin September 14, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Franklin for the construction and operation of approximately 85 linear feet of 10- inch diameter gravity sewer; approximately 355 linear feet of 12-inch diameter gravity sewer, approximately 66 linear feet of 30-inch diameter gravity sewer, a 1,725—gallon per minute sewage pumping station with duplex pumps, on-site audible and visual high water alarms, and permanently installed diesel backup pump with automatic transfer switch and telemetry; as well as approximately 3,675 linear feet of 18-inch diameter force main as part of the Town of Franklin's collection system pursuant to the applications received on February 5, 2009 and September 8, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Franklin Wastewater Treatment Facility (Permit No. NC0021547) prior to being discharged into the receiving stream. If any parts, requirements, or Limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Macon County Building Inspector ARO, Surface Water Protection (WWTF Permit No. WWTP#) Randall David Hintz, PE Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF FRANKLIN RIVERVIEW PUMP STATION & FORCE MAIN WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034332 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No.W00034332 Town of Franklin. Riverview Pump Station & Force Main. Macon Co. September 14. :c. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 At No W00034332 Town of Franklin Riverview Pump Station & Force Main Macon Co.. September 14 2009 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 14th day of September 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION fbikCoLben H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034332 3 Permit No W00034332, Town of Franklin Riverview Pump Station & Force Main Macon Co September 14 2, ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: approximately 85 linear feet of 10-inch diameter gravity sewer; approximately 355 linear feet of 12-inch diameter gravity sewer, approximately 66 linear feet of 30-inch diameter gravity sewer, a 1,725-gallon per minute sewage pumping station with duplex pumps, on-site audible and visual high water alarms, and permanently installed diesel backup pump with automatic transfer switch and telemetry; as well as approximately 3,675 linear feet of 18-inch diameter force main Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................................. SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. A T, NCDENR North Carolina Department of Environment and Natural Resources Division of V\bter Quality Beverly Eaves Perdue Coleen H. SLdlins Dee Freeman Governor Director Secretary September 14, 2009 Town of Banner Elk John Mejaski PO Box 2049 Banner Elk,NC 28604 Subject: Request for More Information 401 Water Quality Certification Shawneehaw Creek Stream Restoration DWQ Project# 09-0828 Avery County Response deadline: October 19, 2009 or 30 days from receipt Dear Mr. Mejaski: The Division of Water Quality(DWQ) has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Accurate Location of Restoration Site/Restoration Plans: Based on the submittals received in the Asheville Regional Office; the NC State University (NCSU) plans, the Web Soil Survey,the Lat/Long supplied as well as a site visit, it is unclear where the stream reach in need of restoration is located. The Web Soil Survey indicated an Area of Interest (AOI)that was not matched on the NCSU plans received. The NCSU plans only indicate a reach southwest of Puddingstone Parkway; the northeast section indicated on the Web Soil Survey does not have plans submitted. The southwest reach was observe during a site visit and did not appear to need a full restoration. It is unclear where the proposed project will take place, please clarify location and submit photos for assistance. Please submit a set of plans that accurately depicts the restoration work that needs to be performed. 2. Trout Buffer Variance/Shrub and Tree Planting: The stream reach where restoration is proposed is classified C Trout. A Trout Buffer Variance will need to be obtained through the Division of Land resources. Also absent was a planting schedule for shrub and tree layers to Location:2090 U.S.Highvay70,Snannanoa,North Carolina 28778 Phone:828.296.4500\FAX:828-299-7043\Customer Service:1-877-623-6748 One Internet:w✓wi.nonraterquality.org NorthCaroli.na An EqUal OpportuNty\AifinTativeAction Erroayercrturall� Town of Banner Elk 9/14/09 Page 2 of 2 protect the trout habitat. A restoration project with only grasses planted in the riparian area wJ'. not improve fish habitat which is stated in the application as a goal of the project. The downstream section that had been previously restored has a non compliant buffer, the shrub and tree layer is lacking and the width is questionable. That restoration project was permitted with conditions specifically stating shrub and tree density necessary for a proper trout buffer. That site needs to be replanted in order to be compliant with the permit issued. Please submit plans to address how this noncompliance will be remedied. Please provide your response in writing to the addresses below prior to October 19, 2009 or 30 days from receipt. Four copies of the required information should be provided to the 401 Permitting Unit at: Ms. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 5'r 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, Roger C. Edwards Regional Office Supervisor Surface Water Protection Section cc: Liz Hair-US Army Corps of Engineers Asheville Field Office (E-Copy) Ron Linville-North Carolina Wildlife Resources Commission (E-Copy) Cyndi Karoly-401 Permitting Unit (E-Copy) Grey Hauser-Division of Land Resources (E-Copy) Avery County Planning (E-Copy) ARO File copy G:\WPDATA\DEMWQ\Avery\401 s\shawneehaw09-0828.doc PNAA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Celeen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 15, 2009 Mr. Jeff L. Herron, PE Herron Associates Post Office Box 1265 Bryson City, North Carolina 28713 Subject: Fast-Track Application Return Bennett Heights Town of Bryson City Swain County Dear Mr. Herron: Attached is the Fast-Track Application, including check, which was submitted on September 10, 2009 seeking permission to construct and operate sewers to serve Bennett Heights. The Application is being returned for the reason that the Developer's Operational Agreement does not name the Unit Owners Association. We look forward to receipt of a completed Application. Sincerely, Roy M. Davis Environmental Engineer GAWPDATA\DEMWQ\Swain\Bryson City Collection System\Application Return-Bennett Heights.09.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 ����N�//I, Internet: www.ncwaterquality.org ` "UU An Equal Opportunity 1 Affirmative Action Employer A4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 15, 2009 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 64 DWQ Project 08-0396 TIP No. A-0011 BB Clay County Dear Mr. Setzer: On September 9, 2009, I inspected the construction work on US Highway 64 in Clay County and the project appeared to be in good shape. Construction work consists of heavy grading and pipe installation. The erosion and sedimentation control structures, vegetative covering, and matting appear to be working properly. 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, G%W.� -z VA2A- Michael R. Parker Environmental Senior Specialist Attachment cc: W.Trent Anderson Mark Davis,Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker,Asheville Regional Office (Setzer)US Highway 64 Inspection Letter September 2009 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 Customer Service:1-877-623-6748 NOI'C1CaP01.111a Internet:www.ncwateraualitv.orq a��l� An Equal Opportunity 1 Affirmative Action Employer ,�l�tllr � J DWO Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R.Parker 1 Date: September 9,2009 7 County: Clay Region: Asheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-0396 NW Permit#: IP#: Project Name: U S Highway 64 Widening A-0011 BB Location of Project: US 64 from east of Hiwassee River to east of NC Highway 175 in Clay County Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Ouality Concerns(DWO): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑Zone I Est Acres I ❑Zone 2 Est Acres Additional Stream Impacts: ❑ yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): Downing Creek,John Reese Branch, Byers Branch,Chatuge Lake and unnamed tributaries to Hiwassee River Basin/Subbasin: Hiwassee 040501 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: X❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: X❑Culvert []Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: X❑0— 1/loth acre ❑1/11th to 1/3`d acre ❑1/3rd to 1.0 acre ❑> 1.0 acre ' Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional.comments: Reviewed project with staff. Construction and pipe installation continuing. Sediment and erosion control structures appear to be working properly. Seeding and/or matting should be performed as areas are graded. Some slope and bare areas need to be seeded. Continue to maintain erosion control devices and continue with seeding and matting as required to protect State surface waters. US Highway 64 Inspection September 2009 ALF"A `i'�Ar NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 15,2009 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-Cat Creek Road DWQ Project 08-1022 TIP No. B-4179 Macon County Dear Mr. Setzer: On September 9, 2009, 1 inspected the construction work on the culvert on Cat Creek Road in Macon County. The erosion and sedimentation control structures,vegetative covering, and matting appear to be working properly. Construction on the project is now complete. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed until permanent grass has been established. 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: Mark Davis, Division 14, DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Setzer)Cat Creek Road Inspection Letter September 2009 SURFACE WATER PROTECTION SECTION-Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 1�7One 1 Customer Service:1-877-623-6748 1�QI thCaT01.11 a Internet:www.ncwaterguality.org ,� ightrallff An Equal Opportunity 1 Affirmative Action Employer Jv �� \L ___ DWO Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker —� Date: I September 9,2009 County: Macon Region: Asheville DOT Division: Division 14 —� Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-1022 NW Permit#: IP#: Project Name: Cat Creek Road Bridge Replacement Location of Project: NCSR 1513 south of US 44land north of Franklin in Macon County Project Complete: X❑Yes No If no, estimated date of completion: Activities(DOT): Water Quality Concerns (DWQ): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity - ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization ❑Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres I ❑ Zone 2 Est Acres Additional Stream Impacts: ❑ yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): Rabbit Creek Basin/Subbasin: Little Tennessee 040401 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW x❑Trout ❑WS-III []NSW ❑HQW ❑WS-I ❑WS-fV ❑SA ❑CA Type of Authorized Impact: ❑Culvert X❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/10`h acre ❑1/1 Ith to 1/3rd acre ❑1/3rd to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: Construction is complete on the project. The project appears to be in good shape. The site had been seeded and mulched. NCSR 1513(Cat Creek Road)Inspection September 2009 A& -7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary September 16, 2009 Mr. Richard P. Foutz GGCC Utility Inc. P.O. Box 368 Linville, North Carolina 28646 SUBJECT: Compliance Evaluation Inspection Status: Compliant GGCC Utility WWTP Permit No: NCO023124 Avery County Dear Mr. Foutz: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 27, 2009. The facility appeared to be in compliance with permit NC0023124. The kind assistance of Mr. Larry Townsend during the inspection was greatly appreciated. He is doing a good job of operating this facility. It was noted during the inspection that this facility is beginning to show some age and provisions for upgrading the plant in the future should be considered. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, et Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Water Quality Lab & Operations/ ORC G:\WPDATA\DEMWQ\Avery\23124 GGCC Utility\-WRL2110.tmp SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 �atura!!� Internet:www.ncwaterguality.orq United States Environmental Protection Agency C n n Washington,D.C.20460 Form Approved. C f /'1 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO023124 111 121 09/08/27 117 181 CI 191 SI 20III Remarks 211IIIIIII I I I I I I I I I I I I I I I I I I I I I I I I I I I I IIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved--------------------- 67 I 169 701 I 711 I 721 NJ 73I ' ' 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) GGCC Utility WWTP 11:30 AM 09/08/27 05/05/01 NC Hwy 105 it Time/Date Permit Expiration Date Linville NC 28646 12.10 AM 09/08/27 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Larry E Townsend/ORC/704-898-9212/ Name,Address of Responsible Official/Title/Phone and Fax Number Richard P Eoutz,PO Box 368 Linville NC 28646//828-898-4531/ Contacted yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance N Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Dat Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ 409�9 Keith Haynes 3 _ ARO WQ//828-296-4500/ 1-0ei Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date L- G- zcw /G EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I 11 12 17 18 NCO023124 II 09/08/27 IICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Larry Townsend/ORC and Keith Haynes of this office assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on June 27, 2007 by Wanda Frazier. The permit will expire January 31, 2010. Your renewal application was received in Raleigh on 7/30/2009. Only one side of the plant was in operation during the inspection. It would be advisable to operate both sides of the plant. Tertiary filtration is listed as a component of the WWTP. The operator stated that tertiary filtration has not been used in 20 years. Chlorine disinfection and Declorination are listed as backup on the permit as part of the components of the WWTP. The operator stated that Ultra Violet disinfection has been used for 8-10 years. The flowmeter was calibrated 8/18/2009. The Annual Performance Report has been filed for the year. Sludge should be pumped from the clarifier. Some grating over the basins has rusted and should be replaced for the safety of the operator. It is evident from the inspection that this facility is getting some age on it and provisions for upgrading the plant in the future should be considered. Page# 2 Permit: NCO023124 Owner-Facility: GGCC Utility WWfP inspection Date: 08/27/2009 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 ❑ n Is the facility as described in the permit? n ■ n n #Are there any special conditions for the permit? n ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ n n ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: The permit will expire January 31, 2010. Your renewal application was received in Raleigh on 7/30/2009. Tertiary filtration is listed as a component of the VW TP. The operator stated that tertiary filtration has not been used in 20 years. Only one side of the plant was in operation during the inspection. It would be advisable to operate both sides of the plant. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Some grating over the basins has rusted and should be replaced for the safety of the operator. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n In n Is all required information readily available,complete and current? ■ n n n Are all records maintained for 3 years(lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain-of-custody complete? n In n ■ Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete:do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n n ■ ❑ Page# 3 Permit: NC0023124 Owner-Facility: GGCC Utility WVVrP Inspection Date: 08/27/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the ORC visitation log available and current? ■ n ❑ n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? ■ o n n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ n n n (If units are separated)Does the chart recorder match the flow meter? n n n ■ Comment: The flowmeter was calibrated 8/18/2009. 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 ■ 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 n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ 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 Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Page# 4 Permit: NCO023124 Owner-Facility: GGCC Utility VWVfP Inspection Date: 08/27/2009 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ❑ ❑ ■ Is the return rate acceptable(low turbulence)? ■ n Q ❑ Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) n n n ■ Comment: Sludge needs to be pumped. Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ■ ❑ n n Are UV bulbs clean? ■ n n ❑ Is UV intensity adequate? n Q ❑ ■ Is transmittance at or above designed level? n n n ■ Is there a backup system on site? ■ n n n Is effluent clear and free of solids? ■ n ❑ n Comment: The operator stated that the bulbs are cleaned every month or so and extra bulbs are maintained on site. Chlorine disinfection and Declorination are listed as backup on the permit as part of the components of the VVVVTP. The operator stated that Ultra Violet disinfection has been used for 8-10 years. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ Comment: Page# 5 VIA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary September 16, 2009 Mr. Robert C. Schwebke RCS Properties NC Hwy 105 Banner Elk, North Carolina 28604 SUBJECT: Compliance Evaluation Inspection Status: Compliant Tynecastle WWTP Permit No: NCO062961 Avery County Dear Mr. Schwebke: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 27, 2009. The facility appeared to be in compliance with permit NC0062961. The kind assistance of Mr. Larry Townsend during the inspection was greatly appreciated. He is doing a good job of operating this facility. There are a couple of items which need attention: erosion around the plant should be repaired before it gets worse and the grease traps should be kept pumped. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, ?la,;et Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files Water Quality Lab & Operations/ ORC G:\WPDATA%DEMWQ\Avery\62961 Tynecastle\62961 CEI.09.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa,NC 28778 �OTtI1CdxOhril Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 nAhCr of iin p, Internet:www.ncwaterguality.orq / - �`/ \�1, United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO062961 111 121 09/08/27 117 18I CI 19I s' 201 1 Remarks 211111111111111111111111111111111111111111111111ill Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------------------Reserved---------------------- 67I 169 701 I 711 I 721 NI 73 J 74 75L-1-1L1--LJJ 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) 12:15 PM 09/08/27 07/12/01 Tynecastle WWTP NC Hwy 105 Exit Time/Date Permit Expiration Date Banner Elk NC 28604 12.40 PM 09/08/27 12/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Larry E Townsend/ORC/704-898-9212/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement Operations&Maintenance 0 Records/Reports Self-Monitoring Program 0 Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature s of Inspec r(s) Agency/Office/Phone and Fax Numbers D Janet Cantwe ARO WQ//828-296-4500 Ext.4667/ , Keith Haynes 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.) 3I NCO062961 I11 12I 09/08/27 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Larry Townsend/ORC and Keith Haynes of this office assisted in the inspection of this facility. The last compliance evaluation inspection was conducted by Wanda Frazier on 8/30/2007. The permit will expire September 30, 2012. Condition A. (2) refers to a temporary means of disinfection in the event the plant's UV disinfection system should fail, underperform or otherwise be removed from effective service. Please refer to the permit for more information. It was noted during the inspection that there are areas of erosion around the plant which should be repaired before they get worse. Grease was noted in the EQ basin during the inspection. The grease traps should be pumped. Page# 2 Permit: NCO062961 Owner-Facility: Tynecastle WVVTP Inspection Date: 08/27/2009 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 n ■ n Is the facility as described in the permit? ■ o n n #Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ n n ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: The permit will expire September 30, 2012. Condition A. (2) refers to a temporary means of disinfection in the event the plant's UV disinfection system should fail, underperform or otherwise be removed from effective service. Please refer to the permit for more information. Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n El 0 Judge,and other that are applicable? Comment: It was noted during the inspection that there are areas of erosion around the plant which should be repaired before they get worse. Yes No NA NE Record Keeping Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available,complete and current? ■ n ❑ n Are all records maintained for 3 years(lab. reg. required 5 years)? n n ❑ ■ Are analytical results consistent with data reported on DMRs? ❑ n n ■ Is the chain-of-custody complete? nnn ■ Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete:do they include all permit parameters? ■ ❑ n ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? ■ n n 1-1 Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Page# 3 Permit: NCO062961 Owner-Facility: Tynecastle WWTP Inspection Date: 08/27/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ n n ❑ Is the flow meter operational? ■ n n n (If units are separated)Does the chart recorder match the flow meter? n n ■ 0 Comment: The flowmeter was calibrated 8/18/09. Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n Is the basin free of excessive grease? n ■ n n Are all pumps present? ■ ❑ n n Are all pumps operable? ■ n n n Are float controls operable? ■ n n n Are audible and visual alarms operable? ■ n n n #Is basin size/volume adequate? ■ n n n Comment: Grease was noted in the EQ basin during the inspection. The grease traps should be pumped. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n 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 n Is the DO level acceptable? n n n ■ Page# 4 Permit: NCO062961 Owner-Facility: Tynecastle VVVVTP Inspection Date: 08/27/2009 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ 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 Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ n In n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) n n Cl ■ Comment: Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ■ n n n Are UV bulbs clean? ■ n n n Is UV intensity adequate? n n n ■ Is transmittance at or above designed level? In n In ■ Is there a backup system on site? n ■ n n Is effluent clear and free of solids? ■ n n n Comment: Please refer to Condition A.(2) in the NPDES permit. Page# 5 /�� ��` ��_Jl �T NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen Sullins Dee Freeman Governor Director Secretary September 16, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED—70071490 0004 0713 7635 Mr. Larry Callicutt, Town Manager Town of Bryson City Post Office Box 726 Bryson City, North Carolina 28713 Subject: NOTICE OF VIOLATION and INTENT FOR ENFORCEMENT NOV-2009-DV-0267 Sanitary Sewer Overflow Town of Bryson City Permit Number WQCS00170 Swain County Dear Mr. Callicutt: North Carolina General Statute 143-215(a)(1) and permit number WQCS00170 prohibit the illegal discharge of wastewater to the State's surface water. On September 9, 2009 the Town of Bryson City experienced a Sanitary Sewer Overflow (SSO), which was apparently the result of the breakers tripping at the wastewater treatment plant main pump station. Additionally, the emergency notification telemetry system, as well as the pumping circuits, also malfunctioned due the severe thunderstorm, which caused the breakers to trip. It was on or about noon of the next day, before the loss of the pump station was discovered. During this time lag, approximately 300,000 gallons of untreated sewage to was discharged into the Tuckaseigee River. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:: www.ncwaterquality.org FAX: 99-70431 Customer Service:1 877-623-6748 ����N�/�� Internet: www.ncwaterquality.org ` `/ An Equal Opportunity l Affirmative Action Employer Please be advised that this Office is considering submiting a recommendation for an enforcement action to the Director of the Division of Water Quality regarding this matter. This violation and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation as allowed by NCGS 143-215.6A(a)(2). This Office requests that you respond in writing within 15 (fifteen) days of receipt of this Notice. In this response, you should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. Your response should be sent to the attention of Keith Haynes, Division of Water Quality, 2009 US HWY 70, Swannanoa, NC 28778. Your required response will be considered prior to initiating any enforcement recommendation. If you have any question regarding matter or any related matters, please do not hesitate to contact Keith Haynes or Don Price at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office Cc: PERCS ARO Files �-- GIWPDATA\DEMWQ\Swain\Bryson City Collection System\NOV-2009-DV-0267kh.doc e�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary SURFACE WATER PROTECTION September 17, 2009 Thomas E Hartye Metropolitan Sewerage District of Buncombe County North Carolina 2028 Riverside Dr Asheville NC 288043054 SUBJECT: Pretreatment Compliance Inspection French Broad River WRF Permit No: NCO024911 Buncombe County Dear Mr. Hartye: Enclosed please find a copy of the Pretreatment Compliance Inspection Report for the inspection, which I conducted of MSD's approved pretreatment program on August 21, 2009. As a part of the inspection, a review of MSD's 2008 Pretreatment Annual Report (PAR) was also conducted. The pretreatment program was found to be in Compliance with permit NCO024911 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance and time of Monty Payne and Jon van Hoff during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 296- 4500. Since r y, Keith Hay es Environmental Senior Specialist Enclosure cc: Central Files Asheville Files PERCS Unit iAWPDATA\DEMWQ\Buncombe\24911 MSD\Pretreatment\PC1091708letter.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES ydmo/day Inspection Type Inspector Fac Type 1 LI 2 LI 31 N00024911 I11 121 09/08/21 117 181p1 19 c1 20�U I_ Remarks 21111111111111111111111111111111111111111 111 1 , 1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved-------------------- 67 1 169 70 L) 71 I I 72(N I 73' ' 174 751 I I I I I I 180 Section B: Facility Data �— W Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) French Broad River WRF 09:10 AM 09/08/21 08/02/01 NC Hwy 251 Exit Time/Date Permit Expiration Date Asheville NC 28814 11:55 AM 09/08/21 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Monty Payne/// Monty D Payne/ORC/828-254-9646/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas E Hartye,2028 Riverside Dr Asheville NC 288043054//828-254-9646/ Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes /, , ARO WQ//828-296-4500/ ( j�V9 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date . r' �'? s Roger C Edwards�� ARO WQ//828-296-4500/ I� Q EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NC0024911 I11 12I 09/08/21 I17 18N Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) See attached PCI form for details Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION(PCI)REPORT -,ROUND INFORMATION[Complete Prior To PCI; Review Program Info Database Sheet(s)] Control Authority(POTW)Name: Metropolitan Sewerage District of Buncombe County L. Control Authority Representative(s):_Jon van Hoff and Monty Payne 3. Title(s):_Industrial Waste/Pretreatment Program 4. Last Inspection Date:_09/17/08 Inspection Type(Check One): M PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program.Info Sheet(s)? ®YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES ONO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES [:1 NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type L NJ I NICIO 10 12j4I91ILL] 1081211091 LIU LA-1 L 1 i (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 20 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 15 CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Higher Number of 9 or 10 0 NOIN 12.Number of SIUs With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 Semi-Annual Periods(Total Number of SIUs in SNC) PSNC 14.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ❑YES ONO If Yes,What are the Parameters and How are these Problems Being Addressed? 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES M NO Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: NONE either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting:NONE Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has a Signed Copy of the Order been sent to the Division? NONE 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ONO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? M YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? M YES ❑NO Lead Is LTMP/STMP Data Maintained in a Table or Equivalent? M YES ❑NO Is Table Adequate? M YES ❑NO 2-." All LTMP/STMP effluent data reported on Discharge Monitoring Report? M YES❑NO DWQ Inspector,please verify yourself! 26. IfNO to 23-26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ❑NO If yes,which ones?Eliminated: Cadium Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page I 28. PRETREATMENT PROGRAM ELEMENTS REVIEW—Please review POTW files,verify POTW has copy of Progr, their files,complete with supporting documents and copy of PERCS Approva.l Letter,and dates consistent with Program Info: Program Element Last Submittal Last Approval Date Next Du. Date In file? Date In file If Applicable Headworks Analysis(HWA) 03/30/09 ® Yes ❑ No 06/26/09 ®Yes❑ No 04/01/14 Industrial Waste Survey IWS) 01/27/05 ®Yes ❑ No 01/16/08 ®Yes❑ No 11/01/09 Sewer Use Ordinance(SUO) 11/24/08 ®Yes ❑ No 03/02/09 ®Yes❑ No Enforcement Response Plan(ERP) 10/06/04 ®Yes ❑ No 05/02/05 ®Yes ❑ No Long Term Monitoring Plan(LTMP) 08/11/05 ®Yes ❑ No 10/03/05 ®Yes❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name 1.Spring Global 2.Craggy Prison 3.Kearfott 30. IUP Number FS-025-07 11 S-066-07 S-009-07 31. Does File Contain Current Permit? F®Yes ❑ No 11 ®Yes ❑ I ®Yes ❑ No� 32. Permit Expiration Date 12/31/11 11 12/31/11 12/31/11 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A I N/A N/A 433 34. Does File Contain Permit Application Completed Within One Year Prior M es El ®Yes ❑ No ®Yes [:1No to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? IYes 07�Noj ®Yes ❑ No] ®Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes❑No a. ®Yes❑No a.NYes ONO b.If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes❑No b. ❑Yes❑No b. ❑Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑YesNNo❑N/A Organic Management Plan(TOMP)? 38. a.Does File Contain Original Permit Review Letter from the Division? a. NYes❑No a. NYes ON o a. NYes❑No b.All Issues Resolved? 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 ElNo its Sampling as Required by IUP,includingflow? lr 1� 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? ®Yes ❑ No ®Yes ❑ No ®Yes ❑ No 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A Sampling as Required by IUP,including flow? 11 41b.During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A on time? 42a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑NoNN/A ❑Yes❑NoNN/AjF57e_s0NoNN/A file includeprocess/dilution flows as Required by IUP? 42b.For categorical IUs with Production based limits,does file include ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A production rates and/or flows as Required by IUP? I[ 43a. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes [:1No ®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❑NoNN/A ❑Yes❑NoON/A ❑Yes❑NoNN/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 Days9 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 46. During the Most Recent Semi-Annual Period,Was the SIU in SNC? I []Yes ® No 11 ❑Yes ® No 11 ❑Yes ® No 47. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 48. Does the File Contain Penalty Assessment Notices? r❑Yes❑NoNN/A 11 ❑Yes❑NoNN/A ❑Yes❑NoNN/A 49. Does The File Contain Proof Of Penalty Collection? ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A—] 50. 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 51. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No ❑Yes ® No ❑Yes ® No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 COMMENTS: Everything found to be in good order as usual! INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type NJ I l l I l I I J I J ! I I l !I 1 L S_j L2 J (DTIA) (TYPI) (INSP) (FACC) 1.Industry Inspected: 2.Industry Address: 3. Type of Industry/Product: 4. Industry Contact: 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 ❑YES ❑NO `- E. Exit Interview ❑YES ❑NO —dustrial Inspection Comments: OVERALL SUMMARY AND COMMENTS: Comments: Requirements: Don't forget that an updated IWS is due November 1 2009. Recommendations: NOD: ❑YES ®NO NOV: ❑ YES ®NO QNCR: [:]YES ®NO POTW Rating: Satisfactory X Marginal Unsatisfactory PCI COMPLETED BY: Keith Haynes DATE: August 21,2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 i` '��_ r��� �' and Natural Resources North Carolina Department of Environment ater Quality Dee Freeman Division of W Secretary coleen H. Sullins ;rly Eaves Perdue Director ,ernor September 17,20Q9 Jeff Lamm PO Box 5395 Asheville,NC 29913 Compliance Inspection SUBJECT: NPDES St rm ePermit -Murphy Southern Concrete Permit No: NCG140149 Cherokee County Lamm: 148 Compliance Inspection conducted Dear .Mr. La CG140 ) _u to the General Permit� •n violation with General Permit NCG140148. This letter is in follow p on September 9,2009. The facility was found to be i p liant and need to be addressed within 60 days Of The following items were found to be n eron compl'an this letter in order to be compliant with your p Anal tical 11�®nitorm is required by permit:No stormwater A�y= Discharge Mmnit®rind on request also did er Y the inspection. Data received up s the facility Part III Secti®n B I. S was obta nd du ng data. Within the next 60 daY , be discharge analytical dataanalysis d le collection must stormwater discharge monitoring Y not have any les from two different storm events. Samp needs to obtain stormwater same water discharge from the facility and the rainfall event n TSS samples need to be gathered within the first 30 minutes of the storm ended Solid ( ) �needs to be totals must be documented in inches. Total Suspiththe L1 meter. TSS ter is leaving the site before it mixes llect onswith a calibrated p where the stormwacollection ional Office to my analyzed from the same loca ° events nwithin 0eed to be sent to Asheville Reg and pH results for both sampling emit: attention at the address listed below in the footer. Discharge Monitoring is required by P Wastewater the inspection was from Part III Section C I° a 4° Process monitoring data obtained onsite during upon requested was Wastewater discharge analytical data received p the facility 2004. Process wastewater discharge Was ice d for Year 4. Within the neXn60 rom the missing information and no analysisin eve samples from two different pumping prior to mixing with needs to obtain process wastewater gathered and I�needs to be analyzed wastewater pits. Samples shall be obtained at the end of the discharge hospp w les need to beg sampling the stream. Total Suspended Solid(TSS) samples H meter. TSS and pH results for both samp g within 10 minutes of collection with a calibrated p One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 �e �ar� ljlc� Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NR�ally Internet:www,ncwaterquaiity.org An Equal Opportunity 1 Affirmative Action Employer SCM-Murphy - September 17 Page 20f 2 2009 --- events need to be sent to Asheville Regional the fo0ter. 1 Office to my attention at the address listed below in Also please contact me by phone so I ca Outfall Monitoringn go over with Youcompliance, Report Form for General Permit N how to properly 111 out the Discharge mit NCG14000 in order to assist you with Seconda Containment Part II Section A. 2, b storage of liquid the icalSecondary scco naive r3' Containment Schedule is required b this letter please provide a description of what Without secondary Y permit: Bulk these containers and a timeline of when Y containment. Within 60 type of secondary containment will be used for s of You expect to complete the containment installation. n• -- pig Part II Section A. 4.observation during inspection, itis Preventative Maintenance and the Cut-off Concentration or Dail Good housekeeping Program: unlikely the facilities discharge Maintenance and Good Y Maximum Limit ge analytical results uld mesed on Properly followed to Housekeeping Program Please review your Preventative meet Provide the Optimum tO evaluate if the schedules are adequate General Permit. effectiveness for keeping the facility co pliaand being Y mpljant with the Enclosed is a copy of the Compliance Inspection Report, which contains additional observations Please contact me at(828)296assistance. .4653 or 1'm da.wi s ncdenr, ov, if I can be of any further Sincerely, Linda Wiggs /J Environmental Specialist Surface Water Protection Enclosure cc: Emailed Jeff Lamm 9-16-09 Central Files Asheville Files G:\WPDATAIDEMWQ\CherokeelRead � Y Mix NCG141NCG140148-SCM-Murphy\CEI9-9-09.doc Compliance Inspection Report 08101/04 Expiration: 07/31/09 Owner: Southern Concrete Materials inc Permit: NCG140148 Effective: Facility; Southern Concrete Mat-Cherokee SOC: Effective: Expiration: Regal St County: Cherokee Murphy NC 28906 Region: Asheville Phone:828-253-6421 Contact Person: James F Combest Title: Directions to Facility: System C►assificatlons: Certification: Phone: Primary ORC: Secondary ORC(s): On-Site Representative(s): Related Permits: Entry Time' 03:15 PM Exit Time: 05:00 PM 828-296-4500 inspection Date: 09/09/2009 Phone: Ext.4653 Primary Inspector: Linda S Wiggs Secondary lnspector(s): Inspection Type:Compliance Evaluation Reason for inspection: Routine p Ready Mix Concrete Stormwater/VVastewater Discharge Permit Inspection Typ- COC Facility Status: ❑ Compliant 10 Not Compliant Question Areas: Storm Water (Sec attachment sure malt) Page: 1 Permit:NCG 140148 Owner-Facility:Southern Concrete Materials IncInspection Date: 09/09/2009 Inspection Type:Compliance Evaluation Inspection Summary: Reason for Visit:Routine Housekeeping at this facility will be a constant demand for site t e manager. There are many types of chemical storage units onsite with no secondary containment. Waste blocks should not be filled if a rain event is expected. Blocks leak at Ifthe time to harden in the blocks it could contribute to stormwater pollution.Truck washing water was flowing across the lot bottom. If the residual concrete has not had ipitched incorrectly then it needs to be fixed, otherwise personnel needs to and had access to the creek. If the area where truck washing is occurring directed to pits. be trained on how to wash trucks so water is Current permit requires annual monitoring of wastewater. The only analytical (March and December), both samples were noncomplaint with process water monitoring results were onsite. monitoring report onsite was from 2004 permit limits. No stormwater analytical Evidence of wastewater and stormwater reaching the stre am was apparent where the berm was lacking. Page: 2 6u!4oea1 IIaM Se Ujea,jS a 6ulule,p,aM,a�eM4se 41 4oea,Alle(�ua U �aaaOad 01 ea,�e o a4�eej4a4'J0 4U�q aS a416u 4 oea°un,e11d ajse daua. d a4jI je U agls►n seM eAi ea,e 6Ul M pa,o4S u►ea, aurdno,xi:;►s►�{.►o!uoseaa q�Ua SSp►'OS °Un,'enp!saJ i!Id;s a41 n, 6sa6leyos!p(,aMftijots uoU a 40 U seM a,a�o,��aa►�s a�Y �!o!tt!Ile UatUO� u01lanlen3 aouelldtuo oul sleua 0:ad f�uo1 pa�enlena'fttl!oe�94,seH# ►eW a►a�ouo�way;noS:'U►1►oe� Jaudsul 600z' , :a#eO uo1 C� Quali, 0 <oadsul 86lOtiGJ�N:a►uaaad Has the facility Comment: Analytical Monitoring Has the facility conducted its Analytical monitoring? #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? is not in ical MO from the Comment: Facility Ithe h The facility has alwastewater disnitorincharge (pumpedr I accordance with permit. suppose to be monitored. There was pits) and a stormwater discharge outfall, both are one set of analytical results h the ee above cut off concentrat o& 2/6/ga)' these were wastewater samples and Yes No NA ME Permit and Outfalls ® ❑ 0 #Is a copy of the Permit and the Certificate of Coverage available at the site? l3 Q fl #Were all outfalis observed during the inspection? 0 111111 Q l#If the facility has representative outfall status, is it properly documented by the Division? Page: 3 Page: 4 A �� WDERR" North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary September 17, 2009 Mr. Larry Lehning Adams Apple Homeowners Association Inc. 1208 Kelty Court Cary, North Carolina 27511 SUBJECT: Compliance Evaluation Inspection Status: Compliant Adams Apple Condominiums WWTP Permit No: NCO042358 Avery County Dear Mr. Lehning: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 27, 2009. The facility appeared to be in compliance with permit NC0042358. The kind assistance of Mr. Larry Townsend during the inspection was greatly appreciated. He is doing a good job of operating this facility. There are a couple of items which need attention: for the safety of the operator in his daily operations, the flowmeter needs to be repositioned and steps, along with a handrail, should be installed from the road to the wastewater treatment plant. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, anet Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files -� Water Quality Lab & Operations/ ORC :.Gfu'�;1"iAiCc ;V.'Olr:very\423�8 Adams Apple Condo`.42353 CEI.09,doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCarolina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterauality.ora ;Vaturally United States Environmental Protection Agency Form Approved. E p/� Washington,D.C.20460 OMB No.2040-0057 h!'1 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 NCO042358 111 121 09/08/27 117 181 CI 19I si 20I 11 Remarks 2111IIIIIIIIIIIIII IilllI11111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 CA ------------------------Reserved---------------------- 671 169 701 1 711 1 721 NJ 73[_Jj 74 751 111 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) Adams Apple Condominiums WWTP 12:42 PM 09/08/27 07/12/01 NC Hwy 105 Exit Time/Date Permit Expiration Date Banner Elk NC 28604 01:00 PM 09/08/27 12/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Larry E Townsend/ORC/704-898-9212/ Name,Address of Responsible Official/Title/Phone and Fax Number Mark W Vess,Hwy 105 Banner Elk NC 28604/Property Contacted Manager/828-898-6321/8288985352 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance E Records/Reports Self-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector Agency/Office/Phone and Fax Numbers Date C Janet Cantwe ARO WQ//828-296-4500 Ext.4667/ Keith Haynes ARO WQ//828-296-4500/ 1 76 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date CA EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I NCO042358 I11 121 09/08/27 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Larry Townsend/ORC and Keith Haynes of this office assisted in the inspection of this facility. The permit will expire September 30, 2012. The last compliance evaluation inspection was conducted 8/30/2007 by Wanda Frazier. A current full copy of the permit should be maintained on site. There is a slick, red clay path leading about 20 feet up the hill from the road to the wastewater treatment plant. It is very difficult to traverse when wet, especially when carrying equipment for daily process control, sampling and etc. Steps should be installed along with a handrail for the operator to more easily and safely access the plant. The flowmeter has been installed backwards and the operator has to hang over the basin to open and read the meter. This makes it difficult for the operator to read the daily flow, a requirement of the NPDES permit. This flowmeter must be repositioned for the safety of the operator. The flowmeter was calibrated 8/18109. The effluent was clear. Page# 2 Permit: NCO042358 Owner-Facility: Adams Apple Condominiums VWVrP Inspection Date: 08/27/2009 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 n ® n Is the facility as described in the permit? ® n n n #Are there any special conditions for the permit? n ® n n Is access to the plant site restricted to the general public? mn n n Is the inspector granted access to all areas for inspection? mn n n Comment: The permit will expire September 30, 2012. 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 n n n Judge,and other that are applicable? Comment: There is a slick, red clay path leading about 20 feet up the hill from the road to the wastewater treatment plant. It is very difficult to traverse when wet, especially when carrying equipment for daily process control, sampling and etc. Steps should be installed along with a handrail for the operator to more easily and safely access the plant. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? n n n Is all required information readily available, complete and current? n ® n n Are all records maintained for 3 years(lab. reg. required 5 years)? n n n Are analytical results consistent with data reported on DMRs? n n n Is the chain-of-custody complete? n n n Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration f_l Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete:do they include all permit parameters? w n n n Has the facility submitted its annual compliance report to users and DWQ? w n n n (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n n w n Is the ORC visitation log available and current? N n n n Is the ORC certified at grade equal to or higher than the facility classification? ® n n n Page# 3 Permit: NCO042358 Owner-Facility: Adams Apple Condominiums VWVFP Inspection Date: 08/27/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ® n n n Is a copy of the current NPDES permit available on site? n ® n n Facility has copy of previous year's Annual Report on file for review? ® n n n Comment: A current full copy of the permit should be maintained on site. Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? 0 n n n Is flow meter calibrated annually? ® n n n Is the flow meter operational? ® n n n (If units are separated) Does the chart recorder match the flow meter? n n 0 n Comment: The flowmeter was calibrated 8/18/09. The flowmeter has been installed backwards and the operator has to hang over the basin to open and read the meter. This makes it difficult for the operator to read the daily flow, a requirement of the NPDES permit. This flowmeter must be repositioned for the safety of the operator. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? 0 n n n Are surface aerators and mixers operational? n n 0 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 n Is the DO level acceptable? n n n Is the DO level acceptable?(1.0 to 3.0 mg/l) n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? mn 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 Is the site free of evidence of short-circuiting? n n n �= Page# 4 Permit: NC0042358 Owner-Facility: Adams Apple Condominiums WWTP Inspection Date: 08/27/2009 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is scum removal adequate? ® ❑ ❑ ❑ Is the site free of excessive floating sludge? m n ❑ ❑ Is the drive unit operational? n n m ❑ Is the return rate acceptable(low turbulence)? n n n Is the overflow clear of excessive solids/pin floc? ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ In Are the tablets the proper size and type? ® ❑ ❑ n Number of tubes in use? 2 Is the level of chlorine residual acceptable? n n ❑ Is the contact chamber free of growth,or sludge buildup? ❑ n n Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? M n n n Is storage appropriate for cylinders? n ❑ ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ n Comment: Are the tablets the proper size and type? n n n Are tablet de-chlorinators operational? n ❑ ❑ Number of tubes in use? 2 Comment: Page# 5 4• MR NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 17, 2009 Joel B Burrell Town of Tryon 301 N Trade St Tryon NC 28782 SUBJECT: Pretreatment Compliance Inspection Tryon WWTP Permit No: NCO021601 Polk County Dear Mr. Burrell: Enclosed please find a copy of the Pretreatment Compliance Inspection Report from the inspection which I conducted of the Town's modified pretreatment program, on August 12, 2009. As a part of the inspection, a review of the Town's 2008 Pretreatment Annual Report (PAR) was also performed. The program was found to be in Compliance with permit NCO021601 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Deborah Bradley during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500. Sincere 4 • � Keith Hayn� Environmental Senior Specialist Enclosure cc: Deborah Bradley, ORC PERCS Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 oNrthCarolina ne Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 /i Internet:www,ncwaterguality.org Awmallty �� i�j �� United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 r OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 L 31 NC0021601 11 121 09/08/12 117 181pI 191c1 201 I— t Remarks 1� tJ t_J 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------—------------Reserved---------------------- 671 169 70 U 711 1 72 L N I 73�74 761 1 1 1 1 1 1 180 Section B: Facility Data �-- Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 09/08/12 09/02/01 Tryon WWTP 1526 E Howard St Exit Time/Date Permit Expiration Date Tryon NC 28782 11:30 AM 09/08/12 13/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Deborah Bradley/// Deborah M Bradley/ORC/828-859-5626/ Name,Address of Responsible Official/Title/Phone and Fax Number Joel B Burrell,301 N Trade St Tryon NC 28782/Director of Public Contacted Works/828-859-6654/ Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes 4 ARO WQ//828-296-4500/ -t1�` Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dat Roger C Edwardst4 . ARO WQ//828-296-4500/ 7/0 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCO021601 I11 12I 09/08/12 I17 18,_' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see attached PCI form for details of the inspection. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT ,GROUND INFORMATION [Complete Prior To PCI;Review Program Info Database Sheet(s)] Control Authority(POTW)Name: Town of Try 2. Control Authority Representative(s): Deborah Bradley 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date: 09/03/08 Inspection Type(Check One): ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES ®NO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑ NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type N l I N I C 1 0 10 12111610111 108112109I L p J L S I !1 1 (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 1 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 0� CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11. Enter the Higher Number of 9 or 10 0 NOIN 12.Number of SIUs With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 pSNC Semi-Annual Periods(Total Number of SIUs in SNC) `4.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC _ - 5.Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW _ 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ❑YES ® NO If Yes,What are the Parameters and How are these Problems Being Addressed? 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ®NO Discharge(Interference,Pass-Through,Blockage,Citizens'Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits:None either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting:None Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has a Signed Copy of the Order been sent to the Division? None,but CYP may need for 2009 21, Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ®NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO ?- . Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO Is LTMP/STMP Data Maintained in a Table or Equivalent? Z YES ❑NO Is Table Adequate? ®YES ❑NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES❑NO D WQ Inspector,please verify yourself! 26. If NO to 23-26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1 28. PRETREATMENT PROGRAM ELEMENTS REVIEW—Please review POTW files,verify POTW has copy of Progr,. their files,complete with supporting documents and copy of PERCS Approval Letter,and dates consistent with Pro ram Info: Program Element Last Submittal Last Approval Date Next Di. Date In file? Date In file If Applicable Headworks Analysis(HWA) 04/22/09 ®Yes ❑ No 06/17/09 ® Yes ❑ No 2012 Industrial Waste Survey(IWS) 12/30/08 ®Yes ❑ No 03/04/09 ® Yes ❑ No 2013 Sewer Use Ordinance(SUO) 06/01/07 ® Yes ❑ No 06/21/07 ® Yes ❑ No Enforcement Response Plan(ERP) 1 02/13/97 ® Yes ❑ No 04/25/97 ®Yes ❑ No Long Term Monitoring Plan(LTMP) 1 05/08/03 ®Yes ❑ No 05/09/03 ® Yes ❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name 1. Carolina Yarn Processors 3. IF 30. IUP Number 1 001 11 —� 31. Does File Contain Current Permit? FN—Yes ❑ No 11 ❑Yes ❑ 1 ❑Yes ❑ No _32. Permit Expiration Date 1 12/31/11 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A I N/A —� 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 Yes ❑ I ❑Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a. ❑Yes®No a. ❑Yes❑No a. ❑Yes❑No b.If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes®No b. ❑Yes ❑No b. ❑Yes ❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? il 11 38. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes ONO a. ❑Yes ❑No a. ❑Yes❑No b.All Issues Resolved? 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? 11 _l _40. Does File Contain POTW Sampling Chain-Of-Custody Forms? ® Yes ❑ No ❑Yes ❑ No [:]Yes ❑ No 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Sampling as Required by IUP,including flow? 4lb.During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A on time? 42a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑No®N/A ❑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❑No®N/A ❑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❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Re ortin Non-Com liance from SIU Sampling? 4d. 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 Days9 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.pYes❑No❑N/A 46. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ®Yes ❑ No ❑Yes ❑ No 11 ❑Yes ❑ No 47. During the Most Recent Semi-Annual Period,Was Enforcement Taken ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 48. Does the File Contain Penalty Assessment Notices? ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 49. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A DYes❑No❑N/A ❑Yes❑NopN/A 50. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑NOON/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❑NopN/A 51. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No ❑Yes ❑ No ❑Yes ❑ No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 W COMMENTS: found to be in good order. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type N1 1 1 1 I I I I I I I I J I LI l l S 1 J 1 (DTIA) (TYPI) (INSP) (FACC) 1.Industry Inspected: 2.Industry Address: 3.Type of Industry/Product: 4. Industry Contact: 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 ❑YES ❑NO E. Exit Interview ❑YES ❑NO industrial Inspection Comments: No inspection conducted as the town has only one industry and ARO staff accompanied Town during inspection in 2008. CYP is now experiencing Zinc violations possibly due to a change to a different dye. OVERALL SUMMARY AND COMMENTS: Comments: Program overall in good condition. Requirements: none Recommendations: Keep close check on industry since the need for a consent order may be a possibitity.Be sure to include all necessary components with the 2009 PAR submittal. NOD: ❑YES ®NO NOV: ❑YES ®NO QNCR: ❑YES ®NO POTW RatinV,: Satisfactory_ X Marginal Unsatisfactory J COMPLETED BY: Keith Haynes DATE: August 12,2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form {ipdated 7/25/07 Page 3 �s -J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 18, 2009 Mr. Anthony Starr, Planning Director Henderson County Planning Department 100 North King Street Hendersonville, North Carolina 28792 Subject: Asheville Regional Office Recommendation For applying for and receiving an NPDES Permit Dear Mr. Starr: Based on review of the Division of Water Quality(DWQ)data base a permit application for Seven Falls, LLC, has not been received for a NPDES discharge permit or a wastewater collection system permit. Application for these permits must be made and the permit issued prior to beginning construction of either of this type system. The Asheville Regional Office is recommends review of the following web site for detailed information: '-,http://h2o.enr.state.nc.us/NPDES/documents.htm1. You should also be aware that to apply for a new NPDES permit for a proposed facility, an application package including the following requirements should be submitted to the NPDES unit in Raleigh: Appropriate Application Form, Appropriate fee, and Evaluation of Alternatives(EAA). After obtaining an NPDES permit for a new discharge an Authorization to Construct(ATC) permit must also be obtained, minimum time line for issuance 90 days. ATC permits are issued by the Construction Grants and Loans section. An ATC permit cannot be processed until an NPDES permit has been issued for the subject discharge. Applications must be submitted 180 days prior to the date needed, and permit issuance can take from 6 to 14 months to be received, reviewed, public noticed, and draft permit issuance. Should you have any questions concerning this matter please contact Mr. Don Price or Keith Haynes at 828/296- 4500. Sincerely, Roger C. Edwards Regional Supervisor, Surface Water Protection Division of Water Quality xc: Keith Haynes One 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1877 623-6748 NorthCarolina Internet:www.ncwaterQuality.org ity k Affirmative ;Vat rally/ An Equal Opportunity\Affirmative Action Employer i3 K[Ll{�LLLY�,. AJ� A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 18, 2009 Bill Spears 315 Bryan Drive Cary, Illinois 60013 Subject: 401 Water Quality Certification -Approval Spears Shoreline Stabilization DWQ Project#20090913 McDowell County CTB30/Lake James/ 11-(23)/Class WS-V, B Dear Mr. Spears: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. )proval has been granted to place fill within or otherwise impact 100 linear feet of shoreline for the purpose of shoreline stabilization and water access at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. 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 General Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Catawba Buffer regulations. 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 100 (linear feet) Stabilization Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 112 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 0iie arolina Internet:www.ncwaterquality.org Noi-t `'rr���� An Equal Opportunity 1 Affirmative Action Employer Na`tf sb Spears Shoreline Stabilization September 18,2009 Page 2 of 3 Additional Conditions 1. Diffuse Flow(No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non- erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into surface waters. 2. McDowell County Catawba Buffer Ordinance The proposed project must comply with the McDowell County local riparian buffer ordinance approved by the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(b). 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 4. No Sediment and Erosion Control Measures in Wetlands and Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is , unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. 5. Rip-Rap Installation Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide additional wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. 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. dization .his 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, -. yi Coleen H. Sullins, Director CHS/khb Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy - GAWPDATA\DEMWQ\Mcdowel1\401 s\09-0913.Spears.ShorelineStabil.approval.doc L.,,i filWA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 18, 2009 Kevin Schwab 130 Lynn Cove Lane Mooresville,North Carolina 28117 Subject: 401 Water Quality Certification -Approval Schwab Shoreline Stabilization DWQ Project# 20090914 McDowell County CTB30/Lake James/ l l-(23)/Class WS-V, B Dear Mr. Schwab: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. `.pproval has been granted to place fill within or otherwise impact 60 linear feet of shoreline for the purpose of shoreline stabilization and water access at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. 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 General Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control and Catawba Buffer regulations. 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 60 (linear feet) Stabilization Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer �aturalj(y Schwab Shoreline Stabilization September 18,2009 Page 2 of 3 Additional Conditions 1. Diffuse Flow(No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non- erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into surface waters. 2. McDowell County Catawba Buffer Ordinance The proposed project must comply with the McDowell County local riparian buffer ordinance approved by the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(b). 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 4. No Sediment and Erosion Control Measures in Wetlands and Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. 5. Rip-Rap Installation Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide additional wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. 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. "lization nis 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, Colee& Sullins, Director CHS1khb Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy G:\WPDATA\DEMWQ\Mcdowell\401 s\09-0914.Schwab.ShorelineStabil.approval.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 31, 2009 CERTIFIED MAIL *2"d Mail Attempts—September 21,2009 RETURN RECEIPT REQUESTED Mountain Development Company, LLC Seven Falls, LLC Attn: Keith Vinson Attn:NP Corpserve NC, LLC (registered 32 Orange Street agent) Asheville,NC 28801 701 Green Valley Rd., Ste. 100 Return Receipt#: 70071490000407137536 Greensboro NC 27408 *2"d Mail Attempt: 70071490000407137659 Return Receipt#: 70071490000407137574 Mountain Development Company, LLC Attn: Jason Pelz(registered agent) Seven Falls, LLC 138 Charlotte Street, Ste. 200 Attn: William Griffon& Keith Vinson Asheville,NC 28801 39 Pleasant Grove Church Rd. Return Receipt#: 70071490000407137543 Hendersonville,NC 28739 Return Receipt#: 70071490000407137581 Seven Falls, LLC Attn: Keith Vinson Zeus Investments, LLC 32 Orange Street Attn: Raymond Chapman (registered agent) Asheville,NC 28803 32 Orange Street Return Receipt#: 70071490000407137550 Asheville,NC 28803 *2"d Mail Attempt: 70071490000407137642 Return Receipt#: 70071490000407137598 Mountain Development Company, LLC Attn: Keith Vinson 130 S. Main Street Hendersonville,NC 28791 Return Receipt#: 70071490000407137567 SUBJECT: NOTICE OF CONTINUING VIOLATION and RECOMMENDATION FOR ENFORCEMENT Seven Falls Golf&River Club Project# 20071505 DWQ Tracking Number: NCR001043 NOV-2009-PC-0130 Construction Stormwater Permit NCGO10000 Stream Standard Violation- Other Waste (In-stream sediment) 401 Water Quality Certification (WQC) Conditions Removal of Best Usage Henderson County Response deadline: September 16, 2009 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043\Customer Service:1-877-623-6748 NQrthCarollna Internet:www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer Keith Vinson et al. August 31,2009 Page 2 of 6 Dear Mr. Vinson et al.: On January 14, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at the Seven Falls Golf& River Club on Pleasant Grove Road in Henderson County. Ms. Amanda Jones (US Army Corps of Engineers), Bryan Tompkins(US Fish and Wildlife Service)and Tim Fox (Henderson County Erosion Control)were present. Mr. Cranford revisited the site on April 9, 2009 accompanied by Ms. Anna Salzberg(Clearwater Environmental) to assess the extent of impacts to surface waters and again on July 20, 2009 with Tim Fox. Violations of 401 WQC conditions, Construction Stormwater Permit conditions and Stream Standards were noted during the inspection and file review. The discharge of sediment and fill materials to Folly and Little Willow Creeks and certain tributaries thereof—classified as C waters—were documented. VIOLATIONS I. Construction Stormwater Permit NCGO10000 - This permit applies to projects that receive a Division of Land Resources (DLR) or local delegated program disturbance of 1 acre or greater. Specifically, the NCGO10000 Permit authorizes discharge of Stormwater under the National Pollutant Discharge Elimination System(NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency, as cited in Henderson County Erosion Control Division Notices of Violation dated January 7, 2009, May 11, 2009 and June 8, 2009, represents a violation of NCGO 10000 Permit. b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No. 2) Failure to follow the approved Erosion Control Plan, as cited in Henderson County Erosion Control Division Notices of Violation dated January 7, 2009, May 11, 2009 and June 8,2009, represents a violation of NCGO10000 Permit. c. Twenty-Four Hour Reporting(Part II. Section E. No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCG010000 Permit. II. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 3,500 feet of Folly Creek and certain tributaries thereof was impacted by sediment deposition of varying depth within numerous stream reaches, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). III. 401 Water Quality Certification Conditions Violations -DWQ issued an approval letter for project impacts on September 24, 2008, for Project 07-1505 Version 2. The approval letter specifies that the activities must follow the conditions listed in the WQC. The site was found to be non-compliant with the following certification conditions: fij; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 21,2009 Mr. Mike Pettyjohn,P.E. Division Engineer N.C. Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Stormwater Inspection US Highway 321 DWQ Project No. 041246 TIP No. R-2237B Caldwell County Dear Mr. Pettyjohn: On August 26, 2009,1 conducted a stormwater inspection for the US Highway 321 construction project in Caldwell County. The rainfall data and erosion control records appear to be maintained in good order. Mr. Dennis Lawson is doing a good job in keeping up with this information. Continue to ensure that these records are maintained during the life of the project. Please refer to the attached inspection report for additional comments and/or recommendations. If you have questions,please call me at 828-296-4500. Sincerely, x- Michael R. Parker Environmental Senior Specialist Attachment cc: Frank Gioscio,P.B. Heath Slaughter,Division 11,DEO Neil Trivette,Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Pettyjohn)US Highway 321 August 2009 Stormwater Inspection Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45W FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NUrthCarollna An Equal Opportunity\Affirmative Action Employer Nah( ally Form A Siva its-spect;on form, Consfi,uct;on Stor,vlp,Iep Perm,h Jr;f-D -S 114CG0 100f_,1r Site Nan e: A� � + 777 Wi — 7777777 Location: 2.County: (A2) - 3. Basin: (A3) 4. Location descrip (Topographical vicinihf map of site is attached for case file] 7. Land disturbance due to construction/development? (A7) � S , wi-rao 8. On-site representative available durinq inspection? (A8) : Yesr rao r --� , Name(s) 9. Erosion and Sedimentation Control Plan Part_l_Section A: No,2. Is a copy of the approved plan or,site and available for review? (A9) �.:.a:<, :,- i lot Inspected' 10. Rain Gage {Part t. Section_B. No, 1,) Is a rain gauge resent on the sites at the time of Inspection? A10 �� : rao :rat gad p P t ) OE 11. Rain Gauge Data ( Part 1.Section B. No. 1.). Is rain gauge data measured and recorded? (Al1} vNfl : " Inspected' Data from past 14 des s: - -. Week 1 Date .3 „S' .• Amount Week:2 Date Rw Amount, 12._Minimum Monitoring & Record Keeping (Part 1. Section B. No_3,) Are inspection records of erosion&sedimentation control facilities complete&availab p reQ!_test? {Al2} ( ;--tyo�i NInfectedot .:_— Dates of documented ins ections duringthe past 14 days: Week 1: Week 2: 13.Sedimentation impacts to waters: 14. Linear ft of stream iLnActs Typical range of sediment depth: (A13a) to y- (Al 4) Maximum depth of sediment: (A13b)m 15,photo Documentation: Were photos taken? (A15) Photos(1.impacted water,2.sedimentation depths,3,sediment control measures, and 4.un-impacted uostream.eaters) and sketch/map of where photos were taken are attached for case file 1 S.Notes 44. z Project personnel not available during dWO site inspection 1-4 AT", KUM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 21, 2009 Mr. Mike Pettyjohn, P.E. Division Engineer N.C. Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Stormwater Inspection NCSR 1328(Playmore Beach Road) DWQ Project No. 080372 TIP No. B-3624 Caldwell County Dear Mr. Pettyjohn: On August 26,2009, 1 conducted a stormwater inspection for TIP Project No. B-3624,NCSR 1328 (Playmore Beach Road)bridge construction project in Caldwell County. The rainfall data and erosion control records appear to be maintained in good order. Mr.Johnson is doing a good job in keeping up with this information. Continue to ensure that these records are maintained during the life of the project. Please refer to the attached inspection report for additional comments and/or recommendations. If you have questions, please call me at 828-296-4500. Sincerely, ' ,e.�R'pa-j�-- Michael R. Parker Environmental Senior Specialist Attachment cc: Frank Gioscio, P.E. Heath Slaughter,Division 11,DEO Neil Trivette, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker,Asheville Regional Office (Pettyjohn)B-3624 NCSR 1328 August 2009 Stormwater Inspection Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 T�TOne 1 Internet:www.ncwaterquality.org NorthCaroh.rla An Equal Opportunity t Affirmative Action Employer Aahmally 'f°oa m A Jun_'_'Oii Site li7specY;vn forme ConstrucUot,. Stor, vaa:ert'errit fv 'I S NCG010000 Site dame: IN �C3, 1� , C�`ZA DWQ R0: Inspector: t�•l.e, � 1. DVvQ Insnection date: Location: 77777 2,County: (A.2) �` Al uv�.l 5, Stream: (A5); !T J_ s u u 3. Basin: (A3) W ti Class: _(M)� 1 4. Location description: (A4) [Topographica!vicinity map of site is attached for case fi;e] 7. Land disturbance due to construction!development? {A7) Nc, S. tin-site representative available durin Inectlon? ((AS) Yes •lame(s) ' _ Employer(s) 99Erosion and Sedimentation Control Plan (Part 1. Section A: No.2. Is a copy of the approved plan on site and available for review? (A9 Y® :: No -- Not . Inspected 10. Rain Gauge(Part 1. Section B. No. 1.) Is a rain gauge resent on the site at the times of inspection? (Al 17 Not 9� 9 P p ( ) Inspe ate C, , 11.Rain Gauge Data(Part 1.Section B. No. 1 Is rain gauge data measured and recorded? (All1) Inspected Data from past 14 da s: Week 1 Date Amount: WeekDate Amotant. 12.Minimum Monitoring &Record Keepincl (Part 1. Section B. No.3•; Are inspection records of erosion&sedimentation control facilities complete&available on request. (Al2)i :r' �'®g ':i ,F No t— Not I n sp e'cte d Dates of documented ins ections during the past 14 days: Week 1. `Meek 2. 13.Sedimentation impacts to waters: 14. Linear ft of stream Im acts_ Typical range of sediment depth: (A13a ��':) te� (Al 4) T��_ Maximum depth of sediment: (A13b) , '15.Photo Documentation: Were photos taken? (A1o) E Yej- o Photos(1.impacted water,2.sedimentation depths,3.sediment control measures, and 4.un•impacted upstream waters) and sketch map of where photos were taken are attached for case file 1$.Notes 9 'Project personnel not available during D %Q site inspection 1-4 Al KUM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 21, 2009 Mr. Mike Pettyjohn, P.E. Division Engineer N.C. Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Inspection US Highway 321 DWQ Project No. 041246 TIP No. R-2237B Caldwell County Dear Mr. Pettyjohn: On August 26, 2009,I visually inspected the construction work on US Highway 321 in Caldwell County and the project appeared to be in good shape. Construction work is mainly taking place at the northern and southern ends of the project. The erosion and sedimentation control structures,vegetative covering,mulching and matting appear to be working properly. 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. Please refer to the attached inspection report for additional comments and recommendations. If you have questions, please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Frank Gioscio, P.E. Heath Slaughter,Division 11, DEO Neil Trivette,Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker,Asheville Regional Office (Pettyjohn)US Highway 321 August 2009 Inspection Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org North C/Ja�rofiina An Equal Opportunity 1 Affirmative Action Employer ;Viatt / ally DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: August 26,2009� County: Caldwell Region: Asheville DOT Division: Division 11 —� Activity: X 401 Compliance Evaluation ❑Complaint ❑DWQ Follow Up Evaluation ❑Other DWQ 401 #: NW Permit#: IP#: 3481 Project Name: U S Highway 321 Widening Location of Project: US 321 North of Lenoir to South of Blowing Rock,NC Project Complete: ❑Yes X No If no,estimated date of completion: Activities(DOT): Water Quality Concerns(DWQ): ❑Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization X❑ Other Additional Wetland Impacts: ❑yes X❑no Estimated Acres ❑Zone 1 Est Acres ❑ Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact _ ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact I ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation[]Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): Rocky Cove Creek,Greenfield Branch,unnamed tributary to Puncheon Camp Creek,unnamed tributary to Right Fork Mulberry Creek, unnamed tributary to Left Fork Mulberry Creek Basin/Subbasin: CTB-030831 Yadkin-030701 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I X❑WS-IV ❑SA FICA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: no_ 1/101h acre X❑1/I It'to 1/3`d acre 0.16 acres i ❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: Compliance Issues Identified: ❑Yes X❑No Compliance issues identified: ❑Yes ❑No If yes, complete the section below: Looked at entire project. Most work is taking place at the northern and southern ends of the project. Some other minor fill and grading work is taking place along the rest of the project. Roadway shoulders are being worked and permanently seeded. We continue to have concerns about the southern part of the project. Steep slopes and sediment could pose a problem if not properly controlled. This area should be watched carefully and additional sediment and erosion measures may be required. The boulders that have tumbled into Puncheon Camp Creek below the large fill area have been removed. Continue to maintain sediment and erosion control structures to protect state surface waters. 08-26-09 US 321 Inspection Report �'..1A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 21,2009 Mr.Mike Pettyjohn, P.E. Division Engineer N.C. Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Inspection NCSR 1328(Playmore Beach Road) DWQ Project No. 080372 TIP No. B-3624 Caldwell County Dear Mr. Pettyjohn: On August 26,2009,I visually inspected the construction work at Bridge No. 190 at the Johns River in Caldwell County. The erosion and sedimentation control structures,vegetative covering, mulching and matting appear to be working properly. 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. Please refer to the attached inspection report for additional comments and recommendations. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Heath Slaughter,Division 11,DEO Neil Trivette,Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker,Asheville Regional Office (Pettyjohn)B-3624 Auguat 2009 Inspection Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NOrthCarolina An Equal Opportunity 1 Affirmative Action Employer Aawrally �_ ,� ,, ._J DWO Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R.Parker Date: August 26,2009 County: Caldwell Region: Asheville DOT Division: Division I 1 1 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑Other DWQ 401 #: 1 NW Permit#: IP#: 3481 Project Name: B-3624 Bridge Replacement Location of Project: NCSR 1328 Smiles southwest of Lenoir,NC Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Ouality Concerns (DWQ): X❑ Bridge ❑ Steam Standards Violation ❑ Culvert X❑ Turbidity ❑Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑yes X❑ no Estimated Acres _ ❑ Zone 1 Est Acres ❑Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes [:]No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes [:]No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): Johns River Basin/Subbasin: CTB-030831 Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US) Stream Class: ❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA FICA Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/10'h acre X❑1/1 ltf'to 1/3`d acre ❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet Additional comments: Compliance Issues Identified: ❑Yes X❑No Compliance issues identified: ❑Yes ❑No If yes,complete the section below: Reviewed project site and sediment and erosion control devices. Beams had been set over river with only the beams on the north side remaining. Sediment and erosion control structures appear to be installed and working properly. Continue to maintain sediment and erosion control structures to protect state surface waters. w JL) North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 22, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 7666 Mr. Malachy Millard 154 Kingston Ridge Drive Chesnee, S.C. 29323 Subject: Show Cause Meeting B.H. Corpening Mountain Training Facility WWTP NPDES Permit No. NCO040339 Avery County Dear Mr. Millard: This letter is to notify you the Asheville Regional Office of the Division of Water Quality is requesting you attend a show cause meeting concerning the operation, maintenance, and record keeping for the B.H. Corpening Mountain Training Facility WWTP, National Pollutant Discharge Elimination System (NPDES) Permit number NCO040339 located in Avery County. It has come to staff attention in the Asheville Regional Office that concerns were noted regarding data reported on B. H. Corpening Mountain Training Facility WWTP, monthly discharge monitoring reports (DMR's), and observations made during a recent Compliance Inspection. You are listed as the Operator in Responsible Charge for this facility on the submitted DMR's. You are requested to bring all information necessary to explain operation, maintenance, reporting, and sludge management for the B.H. Corpening Mountain Training Facility WWTP, for the past three (3) years in accordance with NCAC 15A 02B .0506 (c) (3). This is to include all Logs, Process Control Bench sheets, Logs of Operator rounds, solids wasting data and any other information you feel important regarding the operation and maintenance of the facility. One 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 NorthCaroina Internet:w t rg An Equal Opportunity\Affimative Action Employer Naturally —�lllcrMallard — September 22, 2009 Page Two This Show Cause Meeting will be held in the conference room at the Asheville Regional Office located at 2090 U.S. Highway 70 in Swannanoa, N.C. at 10:00 AM on October 12, 2009. Based on the information provided at this meeting a decision will be made as whether or not to refer this issue to the Chairman of the Water Pollution Control System Operators Certification Commission for further action. If you have any questions concerning this matter, please contact Donald R. Price at 828/296-4500. Sincerely, Roger C. Edwards Regional Supervisor, Surface Water Protection Division of Water Quality xc: Jerry Rimmer, Technical Assistance & Certification Unit Supervisor Don Price Janet Cantwell Deborah DiPietrantonio, Facility Supervisor, B.H. Corpening WWTP NCDENR _ North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 22, 2009 Mr. Clarence M. Lockamy, PE The Wooten Company 1430B Old Lenoir Road, NW Hickory, North Carolina 28601 Subject: Fast-Track Application Return Floral Drive Sanitary Sewer Town of Cajah's Mountain Caldwell County Dear Mr. Lockamy: Attached is the Fast-Track Application, including check, which was submitted on September 21, 2009 seeking permission to construct and operate sewers to serve the Floral Drive area of Cajah's Mountain. The Application is being returned for the reasons that no 8 'h x 11 color map was included nor was the Application signed, sealed and dated by an Engineer licensed to practice in the State of North Carolina. We look forward to receipt of a completed Application. Sincerely, �4 Roy M. Davis Environmental Engineer Xc: Connie South, Town of Cajah's Mountain G:\WPDATA\DEMWQ\Caldwell\Cajah's Mtn. Collection System\Application Return-Floral Drive.09.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45=FAX:828-299-7043\Customer Service:1-877-623-6748 �aturall� Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer �` \�/i �_,,; i� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 22, 2009 Caldwell County DWQ Project No. 090944 NCSR 1367B (Globe Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Michael Pettyjohn, P.E. Division 11 Engineer N C Department of Transportation Post Office Box 250 North ,{Wilkesboro,North Carolina 28659 Dear 1`it. Pettyjohn: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in six (6)unnamed tributaries to the Johns River, for the purpose of widening NCSR 1367B (Globe Road) in Caldwell County: Stream Impacts in the Catawba River Basin Site Permanent Streambank Permanent Fill in Temporary Total Stream Stream Fill in Stabilization in Perennial Stream Dewatering in Impact Impacts Intermittent Perennial Stream (linear ft) Perennial Stream (linear ft) Requiring Stream (linear ft) (linear ft) Mitigation (linear ft) (linear ft) Site 1 0 10 18 40 68 0 Site 2 0 10 12 40 62 0 Site 3 0 10 0 40 50 0 Site 4 0 10 25 40 75 0 Site 5 0 10 29 40 79 0 Site 6 0 10 14 40 64 0 Total 0 60 98 240 398 0 Total Stream Permanent Impact for Project: 158 linear feet. Temporary Impacts for Project: 240 linear feet. The project should be constructed in accordance with your application dated August 28, 2009 (received September 1, 2009), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. 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 Customer Service:1-877-623-6748 N01't�1CaT011lla Internet:www.ncwateraualitv.orp ;VatuNR��l� An Equal Opportunity 1 Affirmative Action Employer l Mr. Mike Pettyjohn, PE September 22,2009 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 NCDWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and (7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation,operation,and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites,borrow sites, and waste pile(spoil)projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites,the erosion and sediment control measures must be designed, installed,operated,and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to (WS-I,WS-II,ORW, HQW,Tr-pick applicable)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. Coir fiber matting shall be used in conjunction with appropriate seeding on disturbed soils involving steep slopes in riparian areas, and should be secured in place with staples and wherever possible include installation of live stakes of native trees. Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. .►ael Pettyjohn,PE nber 22,2009 oe Three 5. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands 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. 6. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. Rpprap 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. 8. 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. 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 the stream bank stability. Any applicable riparian buffer impact for access to the stream channel shall be temporary and revegetated with native riparian species. 10. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW)or Water Supply I or II(WS-1, WS-11), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly:into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 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. 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. 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. 13. 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. 14. 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. 15. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 16. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 17. 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. 18. 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. 19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. Mr. Michael Pettyjohn,PE September 22,2009 Page Four 21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 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. 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 NCDOT Division Engineer and the on-site project manager. 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 and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State or Federal law. if NCDWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification 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, the NCDOT Division Engineer shall complete and return the enclosed"Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree' Blvd., Suite 250, Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality cc: Heath Slaughter, Division 11,DEO Neil Trivette.,Roadside Environmental Monte Matthews,USACE,Raleigh Field Office Transportation Permitting Unit Mike Parker,Asheville Regional Office 90944(Pettyjohn)NCSR 1367B(Globe Road) AFWAA " 4",a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 22, 2009 Mr.J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1102 Pearson Falls Road DWQ Project 08-1020 TIP No. B-4239 Henderson County Dear Mr. Setzer: On September 3, 2009,1 inspected the construction work at the new bridge site on NCSR 1102, Pearson Falls Road in Henderson County. Construction work appears to be going well. One of the new end bents was almost completed. The erosion and sedimentation control structures,vegetative covering, and matting appear to be working properly. 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, wz' ,� Michael R. Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis, Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker,Asheville Regional Office SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 Customer Service:1-877-623-6748 NOOne iI�.11CafO1 1.lTa �l/ Internet:www.ncwaterguality.or4 {' An Equal Opportunity 1 Affirmative Action Employer Natur ll /__.. {� \�_/ v� _. _ ___. DWO Site Visits for DOT Projects Field Sheet DWQ representative: Michael R.Parker Date: September 3,2009 County: Henderson Region: Asheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-1020 NW Permit#: 77] IP#: Project Name: NCSR 1102 Pearson Falls Road B-4239 Location of Project: From NC 176 in Saluda travel south on NCSR 1102,Pearson Falls Road,approximately I mile to the new bridge site Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns(DWQ): X❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres 1 7 ❑Zone 2 Est Acres Additional Stream Impacts: ❑ yes X❑ no Est Linear feet Estimated linear feet of impact: I - Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: []Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Projects_ Background Info Name of Waterway(s): North Pacolet River Basin/ Subbasin: Broad 030501 Wetland Type: []Isolated ❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV ❑SA FICA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/101h acre ❑1/11`n to 1/3rd acre ❑1/3rd to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: X❑< 150 linear feet X❑> 150 linear feet 1,346 linear feet Additional comments: Reviewed project with DOT staff. Construction is underway on both end bents with one side almost complete. Sediment and erosion control structures appear to be working properly. Seeding and/or matting should be performed as needed. Maintain erosion control devices and continue with seeding and matting as required to protect State surface waters. NCSR 1102 Pearson Falls Road Inspection September 2009 III AJI1A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 22,2009 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 25 DWQ Project 08-1754 TIP No.R-505 Henderson County Dear Mr. Setzer: On September 3,2009, 1 inspected the construction work on US Highway 25 in Henderson County and the project appeared to be in good shape. Construction work consists of heavy grading and pipe installation. The erosion and sedimentation control structures, vegetative covering, and matting appear to be working properly. i Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis, Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker,Asheville Regional Office (Setzer)US Highway 25 Inspection Letter September 2009 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 Customer Service:1-877-623-6748 NorthCarol.ina Internet:www.ncwaterguality.org Vahma"lff An Equal Opportunity 1 Affirmative Action Employer �/ ii �'� DWO Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R.Parker Date: September 3,2009 County: Henderson Region: Asheville DOT Division:- Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-1754 NW Permit d IP#: �- Project Name: U S Highway 25-I-26 Connector R-505 Location of Project: U S Highway 25 from NC 225 near Zirconia to Interstate 26 in Henderson County Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Ouality Concerns(DWO): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other X❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑yes X❑ no Estimated Acres ❑Zone 1 Est Acres ❑ Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse []Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited ----- — ___ -- - — -- ----------------- --- -- --::__ DWO Site Visits for DOT Proiects Background Info Name of Waterway(s): Laurel Creek,Green River,Bat Fork,King Creek,Freeman Creek, Lake Summit,Hill Branch,Jones Branch,Mill Creek,Laurel Branch, Jones Creek Basin/Subbasin: Broad 030501 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW X❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: X❑Culvert []Bottomless Culvert [-]Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: X00— 1/10`h acre ❑1/11`h to 1/3`d acre ❑1/3`d to 1.0 acre ❑> 1.0 acre LJ Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 1,346 linear feet Additional comments: Reviewed project with DOT staff and Wright Brothers. Heavy construction and pipe installation had just started. Sediment and erosion control structures appear to be working properly. Seeding and/or matting should be performed as areas are graded. Maintain erosion control devices and continue with seeding and matting as required to protect State surface waters. US Highway 25 Inspection September 2009 PIMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION September 22, 2009 Mr. Mike Decker, Town Administrator Town of Franklin 70.West Main Street Franklin, N.C. 28737 SUBJECT: September 2, 2009 Compliance Evaluation Inspection Franklin Wastewater Treatment Plant Permit No: NCO021547 Macon County Dear Mr. Decker, Enclosed please find a copy of Compliance Evaluation Inspection form from the Wastewater Treatment Plant Compliance Evaluation Inspection conducted on September 2, 2009. Don Price of the Asheville Regional Office conducted the Compliance Evaluation Inspection (CEI). The facility was found to be in Compliance with permit NCO021547 at the time of the CEI. The time and assistance of Bill Deal and Bill Allen in conducting the CEI is appreciated. An attached inspection report and summary provides details of the inspection. If you or the WWTP staff have questions regarding this report or other issues relating to the wastewater treatment plant, please contact me at (828) 296- 4500. Sincerely, Don Price, WWTP Consultant Enclosure cc: Wayne Price, ORC Central Files Asheville Regional Office Files One 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 N'�o'}rthCaroliina Internet:www.ncwaterQuality.org f//�Jaturaj{� An Equal Opportunity 1 Affirmative Action Employer 7 N ❑a wY prE,v_c C C CO � U O>iN L•��C� N a 04 N C N y c NO C 10 a> ai 30 Oa O E° o 12IICE - m Owns m av E 6k: o-2 ink M RQ�LDm c O-° >C m vc N wEwd> CO 2 0 �m m mw or-9m C a7 o 000 O C olod.r a°1i U w�� �v E Zimo t ..O cO CL O 'N O,y -�� �' u3 s C .Y� =CwrO- o c�a)LL Yo OHO v LLw C p"O c c° m yp a).COA m. cp�'n E�tco - oi 3 v'c°-' °u c'S OOOT « y) >>i r ac EL E L.. 'O Oc) O0) N p Co ° c modes ocTiQQcE_ Cw�CG pCZ'�+O U m� ya7w> o �'UI' Z c w'N z aa)izp> 'E m$oy m E a)�v c `w 0d E wupcpo a>Ocr O'y NN LUMC dy L'p rn- ❑C OO8ia w G cR 'ErO_>c0"O0 z C T$ tG❑N.ySZ O.0crV Z U N O °UN C'000) Z H._C._C C O._�laL Y i0o �a ow`mo N Z.N d'a:_8 y c N o )X�EC OOO)'Oa1 ¢o0088aaos`m i ry m L J v a a" =•' '= E z° I p. E 2 n - � 82 O g 8 a u m m p a e a O U > E E o _ v o m z m z O 0 m O m m 8' N U ❑ U e des d 9 , mJ - o P o C E o m a Z PZ o O C Oa° E = c - v A2 E N C w 'v Z CC Z ❑ b C O Z L) W 33n A E — � c e N w U m Z 7 "z m o Pt - o =m X. N ; w A z�n n d w m b mw CD d > v O cZ rc a rc •n 'w o &X- n a a v o m u u IL LU c — O- m a za z s z AN z o y w A 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 22, 2009 Dale Hamlin Carriage Park 2827 Haywood Rd Hendersonville,NC 28791 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Carriage Park DWQ Tracking Number: NCR001837 NOV-2009-PC-0726 Henderson County Dear Mr. Hamlin: The Division of Water Quality has received correspondence from C1earWater Environmental Consultants,Inc., dated September 9, 2009, in response to the NOV noted above. The proposal includes the removal of gravel and sediment from two (2) unnamed tributaries to Mill Pond Creek. The remedial actions presented in the response 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, �y Chuck Cranford Environmental Specialist Surface Water Protection cc: ARO File Copy DWQ Central Files Clement Riddle—ClearWater Environmental Consultants (e-copy) Tim Fox—Henderson County Erosion Control (e-copy) G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCGO1\Carriage Park\SedimentRemovalAPPROVE 9-21-09.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 1'raLi� // Internet: www.ncwaterquality.org �atK An Equal Opportunity\Affirmative Action Employer A 1 NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 22, 2009 Ms. Deborah DiPietrantonio, Facility Manager NC DENR/ Division of Forest Resources P.O. Box 277 Crossnore, North Carolina 28616 Subject: NOTICE OF VIOLATION NOV-2009-OV-0005 Compliance Evaluation Inspection B.H. Corpening Forestry Training Center WWTP Permit No. NCO040339 Avery County Dear Ms. DiPietrantonio: Enclosed please find a copy of the Inspection Report from the inspection conducted August 27, 2009. The Compliance Evaluation Inspection was conducted by Janet Cantwell of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCO040339 for the following: Inspection Area Compliance Issue Permit Condition There is no record of either an operator or backup operator being designated to operate this facility. (Section C.1.b. of the NPDES permit# NC0040339.) and 15A NCAC 08G.0201: Responsibility of system owners to designate certified operators. Recordkeeping The logbook was not complete or current. (15A NCAC 08G.0204 (5): document the operation, maintenance, and all visitation of the system in a daily log that must be maintained at the system.) SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterauality.org Aaturally Ms. Deborah DiPietrantonio September 22, 2009 Page Two Please refer to the enclosed Inspection Report for any additional observations and comments. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Attachment cc: DWQ Asheville Files w/ attachment DWQ Central Files w/ attachment DWQ Enforcement Files/ Bob Guerra w/ attachment - KACE Environmental/ ORC w/ attachment G:\VVPDATA;DEMWQ\Avery\40339 Corpening Forestry Training Center\40339 NOV-2009-OV-0005.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 3I NCO040339 ill 121 09/08/27 117 181 cl 191 sl 201 l Remarks 211IIIIIIIIIIIIIII IIIIIIII1111IIIIIIIIIIIIIIIIIIIll Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -------------------------Reserved--------------------- 67I 169 701 I 711 I 721 N I 73I I ' 74 751 I I I l 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) 01:55 PM 09/08/27 05/05/01 B.H. Corpening Forestry Training Center Sam Brown St Exit Time/Date Permit Expiration Date Crossnore NC 28616 02:35 PM 09/08/27 10/01/31 Name(s)of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Bobby J Gentry,6111 Linvlle Falls Hwy Crossnore NC 28616//828-733-0354/ es Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports Self-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and.Signa spect s) Agency/Office/Phone and Fax Numbers Date Janet Cantwe ARO WQ//828-296-4500 Ext.4667/ Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 4 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) �1, 3I NCO040339 I11 12I 09/08/27 I17 ,$ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The permit expires January 31, 2010. Your permit renewal application was received in Raleigh on July 29, 2009. The logbook was not completeor current. (15A NCAC 08G.0204.(5): document the operation, maintenance, and all visitation of the system in a daily log that must be maintained at the system.) There is no record of either an operator or backup operator being designated to operate this facility. (Section C.1.b. of the NPDES permit# NC0040339.) and 15A NCAC 08G.0201: Responsibility of system owners to designate certified operators. The facility and surrounding area are being well maintained. Page# 2 Permit: NCO040339 Owner-Facility: B.H.Corpening Forestry Training Center Inspection Date: 08/27/2009 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 n ❑ Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The permit expires January 31, 2010. Your permit renewal application was received in Raleigh on July 29, 2009. There is no record of either an operator or backup operator being designated to operate this facility. (Section C.1.b. of the NPDES permit# NC0040339.) and 15A NCAC 08G.0201: Responsibility of system owners to designate certified operators. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge n ❑ ■ n Judge,and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? n ■ n n Is all required information readily available, complete and current? n ■ n n Are all records maintained for 3 years(lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain-of-custody complete? n n n ■ Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete:do they include all permit parameters? Cl ■ n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? n ■ n n Page# 3 Permit: NCO040339 Owner-Facility: B.H.Corpening Forestry Training Center Inspection Date: 08/27/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the ORC certified at grade equal to or higher than the facility classification? n ■ n ❑ Is the backup operator certified at one grade less or greater than the facility classification? n ■ n n Is a copy of the current NPDES permit available on site? n ■ n Cl Facility has copy of previous year's Annual Report on file for review? n n n ■ Comment: The logbook was not complete or current. (15A NCAC 08G.0204 (5): document the operation, maintenance, and all visitation of the system in a daily log that must be maintained at the system.) There was no copy of the permit on site. Page# 4 PRWA MA' .r.�.i.r• ...� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 22,2009 Caldwell County DWQ Project No. 090944 NCSR 1367B(Globe Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Michael Pettyjohn,P.E. Division 11 Engineer N C Department of Transportation Yost Office Box 250 North Wilkesboro,North Carolina 28659 Dear Mr. Pettyjohn: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in six (6)unnamed tributaries to the Johns River, for the purpose of widening NCSR 1367B (Globe Road)in Caldwell County: Stream Impacts in the Catawba River Basin Site Permanent Streambank Permanent Fill in Temporary Total Stream Stream Fill in Stabilization in Perennial Stream Dewatering in Impact Impacts Intermittent Perennial Stream (linear ft) Perennial Stream (linear ft) Requiring Stream (linear ft) (linear ft) Mitigation linear ft linear ft Site 1 0 10 18 40 68 0 Site 2 0 10 12 40 62 0 Site 3 0 10 0 40 50 0 Site 4 1 0 10 25 1 40 75 0 Site 5 0 10 29 40 79 0 Site 6 0 10 14 40 64 0 Total 0 60 98 240 398 0 Total Stream Permanent Impact for Project: 158 linear feet. Temporary Impacts for Project: 240 linear feet. The project should be constructed in accordance with your application dated August 28, 2009 (received September 1, 2009), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. 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 Customer Service:1-877-623-6748 NOrthCarol.ina Internet:wvvvv.ncwaterqualitv.oro An Equal Opportunity 1 Affirmative Action Employer Naturally Mr. Mike Pettyjohn, PE September 22,2009 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 NCDWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams(now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6)and (7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation,operation,and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites,borrow sites, and waste pile(spoil)projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites,the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 4. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124(a)-(e)] in areas draining to (WS-I,WS-II, ORW,HQW,Tr-pick applicable)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. Coir fiber matting shall be used in conjunction with appropriate seeding on disturbed soils involving steep slopes in riparian areas,and should be secured in place with staples and wherever possible include installation of live stakes of native trees. Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. .ael Pettyjohn,PE Aber 22,2009 ,a Three 5. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands 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. 6. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 8. 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. 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 the stream bank stability. Any applicable riparian buffer impact for access to the stream channel shall be temporary and revegetated with native riparian species. 10. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters (HQW)or Water Supply I or II(WS-1, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly.into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 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. 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. 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. 13. 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. 14. 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. 15. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 16. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 17. 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. 18. 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. 19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 0. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. Mr. Michael Pettyjohn,PE September 22,2009 Page Four 21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 22. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 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. 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 NCDOT Division Engineer and the on-site project manager. 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 and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other appropriate requirements of State or Federal law. If NCDWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification 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,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This . form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250,Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, 7 Coleen H. Sullins,Director Division of Water Quality cc: Heath Slaughter, Division 11, DEO Neil Trivette., Roadside Environmental Monte Matthews,USACE,Raleigh Field Office Transportation Permitting Unit Mike Parker,Asheville Regional Office 90944(Pettyjohn)NCSR 1367B(Globe Road) s w � � N North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 23, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 7680 Mr. Mansukh Patel Days Inn - Marion 4248 S. Highway 221 Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE NOV-2009-PC-0806 Compliance Evaluation Inspection Days Inn- Marion WWTP Permit No. NCO040291 McDowell County Dear Mr. Patel: Enclosed please find a copy of the Inspection Report from the inspection conducted September 10, 2009. The Compliance Evaluation Inspection was conducted by Janet Cantwell of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCO040291 for the following: Part 11. C.2 of the The aeration basin, diffusers, airlines and the plant in general are in need of extensive maintenance and/or replacement. The metal has NPDES Permit rusted through on both sides of the aeration basin. Pipes and interior (Operation & walls are also showing signs of heavy rusting and sloughing off of Maintenance) metal and paint. Upon arrival at the facility there was a definite odor of sewage and the color in the aeration basin was very dark, indicating lack of oxygen. The ORC was in the process of unclogging one of the diffusers during the inspection. It was also noted that one of the airlines had been atched. More rustin could be seen further up the pipe. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Otte Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 NorthCewolliina Internet:www.ncwaterguality org Mr. Mansukh Patel September 23, 2009 Page Two Part II. C.2 Metal walkways over the basins need to be sanded and repainted. Part II. C.2 Soil has been badly eroded around the sides of the clarifier and should be repaired before it gets worse and compromises the facility itself. Part II. C.2 The effluent discharge location has not been located per the ORC and should be made accessible for inspection. During the last inspection on December 16, 2008, it was noted that deterioration of the upper sides of the aeration basin should be addressed with a response in writing with a timetable for repairs. James & James Environmental/ORC responded in a letter dated February 3, 2009, that `James & James will be meeting with Mr. Patel with regard to the need and potential corrective actions that should be taken with this repair. Once a plan is agreed upon, I will contact you with the timetable agreed upon." To this date there has been no response with a timetable for repairs or replacement. The facility is showing severe corrosion and replacement of the facility itself will most likely be necessary. However, the City of Marion's sewer collection system is now available to the Days Inn. It is the recommendation of this office that connection to the City of Marion's system is your best option. Please refer to the enclosed Inspection Report for any additional observations and comments. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Attachment cc: DWQ Asheville Files w/attachment DWQ Central Files w/attachment Bob Guerra/ Enforcement Files w/attachment James & James Environmental/ORC w/attachment G:,llVPDATAIDEMWQ\Mcdowell\40291 Days Inn\N0V-2009-PC-0806.4029'I.doc United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00040291 111 121 09/09/10 117 181,1 191 sI 201 1 1 Remarks 211111111111111111111111IIIIII11IIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------------Reserved------------------ 67I 169 701 I 711 I 721 NI 73It_1j 74 75LI I I I I Li 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) Days Inn - Marion 12:00 PM 09/09/10 05/10/01 1-40 us 221 Exit Time/Date Permit Expiration Date Marion NC 28752 01:40 PM 09/09/10 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Mansukh Patel,4248 S Hwy 221 Marion NC 28752//828-659-2567/ Contacted Yes i Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance ®Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D. Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1'. 3I NCO040291 I111 12I 09/09/10 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) �- Harry James and John Austin/ORC assisted in the inspection of this facility. The permit will expire January 31, 2010. Your renewal application was received in Raleigh July 6, 2009, however, it was noted that the required Sludge Management Plan was not included in the submitted paperwork. A full copy of the current permit should be maintained at the facility. The aeration basin, diffusers, airlines and the plant in general are in need of extensive maintenance. The metal has rusted through on both sides of the aeration basin. Pipes and interior walls are also showing signs of heavy rusting and sloughing off of metal and paint. Upon arrival at the facility there was a definite odor of sewage and the color in the aeration basin was very dark, indicating insufficient oxygen. The ORC was in the process of unclogging one of the diffusers during the inspection. It was also noted that one of the airlines had been patched. More rusting could be seen further up the pipe. Metal walkways over the basins need to be sanded and repainted. Soil has been badly eroded around the sides of the clarifier and should be repaired before it gets worse and compromises the facility itself. The effluent discharge location has not been located per the ORC and should be made accessible for inspection. Page# 2 Permit: NCO040291 Owner-Facility: Days Inn-Marion Inspection Date: 09/10/2009 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 Is the facility as described in the permit? ■ n ❑ ❑ #Are there any special conditions for the permit? n ■ n (� Is access to the plant site restricted to the general public? ■ n n ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: The permit will expire January 31, 2010. Your renewal application was received in Raleigh July 6, 2009, however, it was noted that the required Sludge Management Plan was not included in the submitted paperwork. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ n n n Judge, and other that are applicable? Comment: The aeration basin, diffusers, airlines and the plant in general are in need of extensive maintenance. Metal walkways over the basins need to be sanded and repainted. - Soil has been badly eroded around the sides of the clarifier and should be repaired before it gets worse and compromises the facility itself. Record Keepin Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available,complete and current? ■ n n n Are all records maintained for 3 years(lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? ❑ ❑ n ■ Is the chain-of-custody complete? n n n Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration ❑ Dates of analysis In Name of person performing analyses n Transported COCs In Are DMRs complete:do they include all permit parameters? n ❑ n n Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ n n Page# 3 Permit: NCO040291 Owner-Facility: Days Inn-Marion inspection Date: 09/10/2009 Inspection Type: Compliance Evaluation Yes No NA NE Record Keeping (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n ■ Is the ORC visitation log available and current? ■ 1=1 ❑ n Is the ORC certified at grade equal to or higher than the facility classification? n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? n ■ n n Facility has copy of previous year's Annual Report on file for review? Q n n ■ Comment: A full copy of the current permit should be maintained at the facility. Yes No NA NE Aeration Basins Ext.Air Mode of operation Diffused Type of aeration system Is the basin free of dead spots? n ■ n n Are surface aerators and mixers operational? ❑ n ■ n Are the diffusers operational? ❑ ■ 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 1 Is the DO level acceptable? ❑ n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n 0 ■ Comment: Upon arrival at the facility there was a definite odor of sewage and the color in the aeration basin was very dark, indicating insufficient oxygen. The ORC was in the process of unclogging one of the diffusers during the inspection. It was also noted that one of the airlines had been patched. More rusting could be seen further up the pipe. Yes No NA NE Effluent Pipe Is right of way to the outfall properly maintained? ❑ ■ n n Are the receiving water free of foam other than trace amounts and other debris? fl n n ■ If effluent (diffuser pipes are required) are they operating properly? n n ■ Cl Comment: The effluent discharge location has not been located per the ORC and should be made accessible for inspection. Page# 4 ac NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Dee Freeman Governor Director Secretary September 24, 2009 W. D. Warnell Beech Creek Estates, LLC 10253 North 226 Highway Bakersville,North Carolina 28705 Subject: 401 Water Quality Certification -Approval Beech Creek Estates DWQ Project# 20090792 Mitchell County FRB06/Beech Creek/7-2-64-11 /Class C; Tr Dear Mr. Warnell: he DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 150 linear feet of streams for the purpose of road netword installation 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 3705. 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 USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and trout buffer regulations. This approval is or 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 e-fol-lowing-imp-acts-are hereby approved a� nl- gas aI1-of the other specific an general eneral conditions o --- this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOI`ChC�`lj 01121a Internet:www.ncwaterquality.org ���l_`����� An Equal Opportunity 1 Affirmative Action Employer [ Beech Creek Estates,LLC September 24,2009 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Stream 50 (feet)- Perennial BC-CIA Stream 20 (acres)-Perennial BC-C2 Stream 40 (acres)-Intermittant BC-C4 Stream F40 (acres)-Perennial BC-C7 Additional Conditions: I. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. Trout Moratorium The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. - i 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 �JA k_C—oleen­H—.-Sul-l-i-ns,�ir-ector-- ---- CHS/xxx Eric: GC3705 Certificate of Completion ______ cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office File Copy G AWPDATA\DEMWQ\Mitchell\40l s\09-0792.BeechCreekEstates,LLC.Approval.doc FA .�..- 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 24, 2009 Andrew F. Hetzel Jr. President& CEO NPS Corporation 3303 Spirit Way Green Bay, WI 54304 Subject: NPDES Permit Number NC0006254 Omni Supply Inc. Caldwell County,NC Dear Mr. Hetzel• In response to your request for information on the potential ownership change of the National Pollution Discharge Elimination System permit (NC0006254)issued on October 13, 2008 to Omni Supply inc.,please consider the following information. A complete Ownership Permit Name/Ownership Change Form(enclosed,and available in the application section of our website(http://h2o.enr.state.nc.us/NPDES/documents.html)must be completed according to the instruction included with the form. The ownership change form requires legal documentation of the transfer of ownership(such as relevant pages of a contract deed, or bill of sale) and is required for both name change and ownership change request. Articles of incorporation are not sufficient for an ownership change. Review of State records for the facility and permit in question shows that there are no outstanding civil penalties and there are no overdue fees. Additionally, review of the permit history shows that one permit violation was issued in the last two years. Based on the above information, an ownership change request would be provided to the new owner once a completed Ownership Permit Name/Ownership Change Form is submitted. If you have any additional questions or you need additional information concerning this matter, please contact Jeff Menzel at(828)296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office Encl: Ownership Permit Name/Ownership Change Form CC: DWQ Asheville Files DWQ Central Files NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Caldwell\06254 Omni Supply NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 25, 2009 Mr. Sam Greenwood, Town Manager Town of Franklin Post Office Box 1479 Franklin, North Carolina 28744 Subject: Permit No. WQ0034361 Town of Franklin Craftsman Village Wastewater Collection System Extension Macon County Dear Mr. Greenwood: In accordance with your applications received on September 15, 2009 we are forwarding herewith Permit No. WQ0034361, dated September 25, 2009 to the Town of Franklin for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 that requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.nowaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 One DENR Customer Service Center Telephone 1 800 623-7748 N�o1rthCarolina An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper a$liPa��lJ Town of Franklin September 25, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby �_- granted to the Town of Franklin for the construction and operation of approximately 1,610 linear feet of 8-inch diameter gravity sewer as part of the Town of Franklin's collection system pursuant to the applications received on September 15, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Franklin Wastewater Treatment Facility (Permit No. NC0021547) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, 1 . for Coleen H. Sullins, Director Division of Water Quality cc: Macon County Building Inspector ARO, Surface Water Protection (WWTF Permit No. WWTP#) Patrick C. Bradshaw, PE Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF FRANKLIN CRAFTSMAN VILLAGE MACON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034361 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No W00034361- Town of Franklin Craftsman Village Macon County September 25 2009 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. J; 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 armit No W00034361 Town of Franklin, Craftsman Village Macon County September 25 2009 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 25th day of September 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for C ' een H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034361 3 Permit No W00034361. Town of Franklin Craftsman Village. Macon County September 25 2009 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: approximately 1,610 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings(plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final 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 above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the - observation of the construction such that the construction was observed to be built within substantial compliance -' of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................................ SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NCNR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Don Freeman Governor Director Secretary September 25, 2009 Mr. Scott Hoyle Director of Public Works Town of Forest City Post Office Box 728 Forest City, North Carolina 28043 Subject: Permit No. WQ0034363 Town of Forest City Interceptor& Pump Station Improvements Wastewater Collection System Extension Rutherford County Dear Mr. Hoyle: In accordance with your application received on September 18, 2009 we are forwarding herewith Permit No. WQ0034363, dated September 25, 2009, to the Town of Forest City for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%o post-consumer paper Town of Forest City September 25, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Forest City for the construction and operation of approximately 1,880 linear feet of 18-inch gravity sewer and the discharge of the collected wastewater into the Town of Forest City's existing sewerage system, pursuant to the application received on September 18, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Forest City Wastewater Treatment Facility (Permit No. NC0025984) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Rutherford County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025984) Brent G. Detwiler, P.E. Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF FOREST CITY INTERCEPTOR& PUMP STATION IMPROVEMENTS RUTHERFORD COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034363 This permit shall be effective from the date of issuance until rescinded and shall be subject to the . following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No W00034363 Forest City, Interceptor& Pump Station Improvements Rutherford Co Sea 25 2009 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 ,rmit No. W00034363 Forest City. Interceptor& Pump Station Improvements Rutherford Co.,gip. 25. 2009 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 25th day of September 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION foiJC een H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034363 3 Permit No W00034363 Forest City, Interceptor& Pump Station Improvements Rutherford Co Sep 25 2009 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: Approximately 1,880 linear feet of 18-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division)Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ....................................................................................... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .................................................................................................: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. f Aria i4CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Don Freeman Governor Director Secretary September 25, 2009 Mr. Jim Olson 7703 Weeping Willow Circle Sarasota, Florida 34241 Subject: Permit No. WQ0034360 Bennett Heights Wastewater Collection System Extension Swain County Dear Mr. Olson: In accordance with your application received on September 18, 2009 we are forwarding herewith Permit No. WQ0034360, dated September 25, 2009, to you for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 that requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Jim Olson September 25, 2009 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby - granted to Jim Olson for the construction and operation of approximately 1,000 linear feet of 6-inch gravity sewer and the discharge of 3,000 gpd of collected wastewater into the Town of Bryson City's existing sewerage system, pursuant to the application received on September 18, 2009 and in conformity with 15A NCAC 2T- the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Bryson City Wastewater Treatment Facility (Permit No. NC0026557) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Swain County Building Inspector Town of Bryson City ARO, Surface Water Protection (WWTF Permit No. NC0025984) Jeff L. Herron, P.E. Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES JIM OLSON BENNETT HEIGHTS SWAIN COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0034360 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. 1 Permit No W00034360, Jim Olson Bennett Heights Swain County. September 25 2009_ 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection .facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 armit No. W00034360 Jim Olson Bennett Heights Swain County September 25 2009 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 25th day of September 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ACo en H.Sullins,�irector Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034360 3 permit No W00034360 Jim Olson Bennett Heights Swain County, September 25 2009 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: Approximately 1,000 linear feet of 6-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations(selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable-, the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: .......................................................................................... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 :.................................................................................................. The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. A' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality -Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary September 28, 2009 Mr. Scott Lowman, Authorized Agent Cherokee Marine Systems P.O. Box 1302 Vidalia, GA 30475 Subject: Return of Application 401 Water Quality Certification Ten Slip Private Marina Lot 1 (Summer Cover HOA) DWQ Project# 09-0593 Jackson County Dear Mr. Lowman: The Division of Water Quality(DWQ) has reviewed the most recent information you submitted for the subject project (received August 12, 2009). The information necessary to complete the review process was not i'-`,cluded. Therefore, the project application is considered incomplete and inadequate for review by the Division of Water Quality (DWQ). Please note: No impacts associated with the subject project are approved at this time. To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well as the additional information presented below. Additional Information Required: 1. Ownership/Legally Registered Entity As stated in the additional information request letter dated July 8, 2009, the applicant/permittee must be a legally registered entity. There is still much confusion regarding the actual owner of the property and the registered agent. This issue must be resolved before a certification may be issued to the appropriate entity (and the appropriate entity and registered agent must be listed with the Secretary of State). 2. Alternatives to private marina As stated in previous correspondence, Lake Glenville is a Class WS-III, B, HQW waterbody. Per 15A NCAC 2B .0215(3)(b)(i)(H) for water supply water bodies, water dependent structures Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NolrthCarol.ina Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Natl(AgAlf Mr.Lowman September 28,2009 Page 2 of 2 "may be allowed where no practicable alternative exists." The Division does not believe that . alternatives have been fully explored. In addition, it is imperative that the Division ensure that high quality waters (HQW) are protected and maintained, as they are deemed to have water of higher quality than the existing water quality standards. 3. Concurrence from Jackson County To ensure that the proposed marina and associated access complies with Jackson County water supply watershed ordinances, concurrence and documentation from Jackson County should be provided with the application. To date,this information has not been provided(although the Division does have a copy of your application to the County). The Division strongly encourages the community to review any and all alternatives to a private marina. Please call Susan A. Wilson at(828) 296-4665, if you have any questions. Sincerely, Roger C. Edwards Regional Office Supervisor Surface Water Protection Section cc: Cyndi Karoly—401 Permitting Unit Lori Beckwith-US Army Corps of Engineers Asheville Field Office Mr. William O. Young, P.O. Box 537, Glenville,NC 28736 Jackson County Planning ARO File copy G:\WPDATA\DEMWQ\Jackson\401s\Summer Cove 10 slip Marina\Retum 09-0593 9 2009.doc 48ENR North Carolina Department of Environment and Natural Resources Division of Water Quality -'Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Director Secretary September 28, 2009 Mr. Scott Lowman, Authorized Agent Cherokee Marine Systems P.O. Box 1302 Vidalia, GA 30475 Subject: Return of Application 401 Water Quality Certification Ten Slip Private Marina Lot 8 (Luckystone Subdivision) DWQ Project# 09-0568 Jackson County Dear Mr. Lowman: The Division of Water Quality (DWQ)has reviewed the most recent information you submitted for the subject project(received in the Asheville Regional Office July 31, 2009). The information necessary to complete the view process was not included. Therefore, the project application is considered incomplete and inadequate or review by the Division of Water Quality(DWQ). Please note: No impacts associated with the subject proiect are approved at this time. To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well as the additional information presented below. Additional Information Required: I. Ownership/Legally Registered Entity As stated in the additional information request letter dated July 8, 2009, the applicant/permittee must be a legally registered entity. There is still much confusion regarding the actual owner of the property and the registered agent. This issue must be resolved before a certification may be issued to the appropriate entity (and the appropriate entity and registered agent must be listed with the Secretary of State). 2. Alternatives to Private Marina As stated in previous correspondence, Lake Glenville is a Class WS-III, B, HQW waterbody. Per 15A NCAC 2B .0215(3)(b)(i)(H) for water supply water bodies, water dependent structures Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 C Onet 1 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 N One Internet:www.ncwaterquality,org An Equal Opportunity 1 Affirmative Action Employer Natuiji4 Mr.Lowman September 28,2009 Page 2 of 2 "may be allowed where no practicable alternative exists." The Division does not believe that' . alternatives have been fully explored. In addition, it is imperative that the Division ensure that high quality waters (HQW) are protected and maintained, as they are deemed to have water of higher quality than the existing water quality standards. 3. Concurrence from Jackson County To ensure that the proposed marina and associated access complies with Jackson County water supply watershed ordinances, concurrence and documentation from Jackson County should be provided with the application. To date, this information has not been provided (although the Division does have a copy of your application to the County). The Division strongly encourages the community to review any and all alternatives to a private marina. Please call Susan A. Wilson at(828) 296-4665, if you have any questions. Sincerely, Roger C. Edwards Regional Office Supervisor Surface Water Protection Section cc: Cyndi Karoly—401 Permitting Unit Lori Beckwith-US Army Corps of Engineers Asheville Field Office Mr. Cary D. Glickstein, P.O. Box 22, Cashiers,NC 28717 Jackson County Planning ARO File copy G:\WPDATA\DEMWQVackson\401s\Ten Slip Marina Luckystone Subd\Retum 09-0568 9 2009.doc Dept.ofEnvironment and Natural Resources Division ofWater Transmittal To: Albert Sneed CERTIFIED MAIL 11 North Market Street RETURN RECEIPT REQUESTED Asheville, NC 28801 7007 1490 0004 0713 7741 From: Chuck Cranford Date: September 29,2009 Re: Seven Falls-Notice of Violation Dear Mr. Sneed: Enclosed, please find a copy of the Notice of Violation we discussed on the phone on September 17, 2009. If you have any questions, please contact me at 828-296-4664. Thanks, Chuck Cranford Environmental Specialist 1 �\ � �> �/ __. j, VA Ali. North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 31, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mountain Development Company,LLC Seven Falls,LLC Attn: Keith Vinson Attn: NP Corpserve NC, LLC (registered 32 Orange Street. agent) Asheville,NC 28801 701 Green Valley Rd., Ste. 100 Return Receipt#: 70071490000407137536 Greensboro NC 27408 Return Receipt#: 70071490000407137574 Mountain Development Company, LLC Attn: Jason.Pelz(registered agent) Seven Falls,LLC 138 Charlotte Street, Ste.200 Attn: William Griffon&Keith Vinson Asheville,NC 28801 39 Pleasant Grove Church Rd. Return Receipt 9: 70071490000407137543 Hendersonville,NC 28739 Return Receipt#: 70071490000407137581 Seven Falls, LLC - Attn: Keith Vinson Zeus Investments, LLC 32 Orange Street . Attn: Raymond Chapman (registered agent) Asheville;NC 28803 32 Orange Street Return Receipt#: 70071490000407137550 Asheville,NC 28803 Return Receipt 4: 70071490000.407137598 Mountain Development Company,LLC Attn: Keith Vinson 130 S. Main Street Hendersonville,NC 28791 Return Receipt 9: 70071490000407137567 SUBJECT: NOTICE OF CONTINUING'VIOLATION and. RECOMMENDATION FOR ENFORCEMENT Seven Falls Golf&River Club Project#20071505 DWQ Tracking Number: NCR001043 NOV-2009-PC-•0130 Construction Stormwater Permit NCG010000 Stream Standard Violation.- Other Waste (In-stream sediment) 401 Water Quality Certification (WQC) Conditions Removal of Best Usage Henderson County Response deadline: September 16, 2009 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 ww One. Internet:w .ncwaterquality.org North Carol]n-a An Equal Opportunity\Affirmative Action Employer Keith Vinson et al. August 31,2009 Page 2 of 6 Dear Mr.Vinson et al.: On January 14,2009, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ)conducted a site inspection at the Seven Falls Golf&River Club on Pleasant Grove Road in Henderson County. Ms. Amanda Jones (US Army Corps of Engineers), Bryan Tompkins (US Fish and Wildlife Service)and Tim Fox(Henderson County Erosion Control)were present. Mr. Cranford revisited the site on April 9,2009 accompanied by Ms. Anna Salzberg(Clearwater Environmental)to assess the extent of impacts to surface waters and again on July 20,2009 with Tim Fox. Violations of 401 WQC conditions, Construction Stormwater Permit conditions and Stream Standards were noted during the inspection and file review. The discharge of sediment and fill materials to Folly and Little Willow Creeks and certain tributaries thereof—classified as C waters—were documented. VIOLATIONS I. Construction Stormwater Permit NCG010000 -This permit applies to projects that receive a Division of Land Resources (DLR) or local delegated program disturbance of 1 acre or greater. Specifically,the NCG010000 Permit authorizes discharge of stormwater under the National Pollutant Discharge Elimination System(NPDES)in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Schedule of Compliance (Part 1. Section C.No.2)Failure to operate and maintain stormwater`controls to optimum efficiency, as cited in Henderson County Erosion Control Division Notices of Violation dated January 7,2009,May 11,2009 and June 8,2009,represents a violation of NCGO10000 Permit. b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No. 2) Failure to follow the approved Erosion Control Plan, as cited in Henderson County Erosion Control Division Notices of Violation dated January 7,2009,May 11,2009 and June 8,2009,represents a violation of NCGO10000 Permit. c. Twenty-Four Hour Reporting(Part II. Section E. No. 3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO10000 Pen-nit. 11. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 3,500 feet of Folly Creek and certain tributaries thereof was impacted by sediment deposition of varying depth within numerous stream reaches,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). 11I. 401 Water Quality Certification Conditions Violations-DWQ issued an approval letter for project impacts on September 24,2008,for Project 07-1505 Version 2. The approval letter specifies that the activities must follow the conditions listed in the WQC. The site was found to be non-compliant with the following certification conditions: mson et al. ,st 31 2009 .ge 3 of 6 a. Condition 1 -Impacts Approved Impacts outside of the approved amount have occurred b. Condition 2—Sediment and Erosion Control Sediment and erosion control practices have been found to be non- compliant c. Condition 3 —No waste or fill impacts beyond those in the certification ® Waste and fill has impacted surface waters beyond those depicted in the approved certification d. Condition 3 —No violations of State water quality standards ® Violations of State water quality standards have occurred e. Condition 4—Sediment and Erosion Control Measures shall not be placed in waters Sediment and erosion control measures have been constructed in waters f. Condition 6 Mitigation Agreed upon mitigation requirements have not been met; including,the non-payment of$697,932 to the North Carolina Ecosystem Enhancement Program. IV. Removal of Best Usage—15A NCAC 021B.0211 (2)—Greater than 500 feet of Folly Creek and tributaries—classified as C waters—was impacted by grading in the stream channel and fill,representing Water Quality Stream Standard violation of 15A I,,TCAC 02B .02.11 (2) REQUIRED RESPONSE This office requests that you respond in writing by the deadline in the subject line of this notice. Your response should be sent to the attention of Mr. Chuck Cranford,Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Storinwate:13ranch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items. 1. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO 10000 Permit and your Erosion and Sediment Control Plan. c. Include in your response an explanation of how you propose to prevent the problems listed above from reoccurring on this project and on future projects. Keith Vinson et al. August 31,2009 Page 4 of 6 d. Minimum Monitoring and Record Keeping—The following bulleted list provides guidance on how to conduct monitoring and record keeping activities in such a way as to be compliant with the NCGO 10000 Permit. ® Rainfall is to be monitored and recorded daily as noted in the RAINFALL Section of the form. Rainfall data should not be reported based on a weekly accrual read of the date of the inspection. Erosion and Sedimentation Control Facilities are to be inspected every week and after each%2 inch rain event. It is required to individually list each of the BMPs (e.g. basins,silt fences, etc.)to be inspected,the date and time inspected,the initials of the inspector,whether the device is operating properly,and any.corrective actions taken as noted in the EROSION AND SEDIMENTATION CONTROL FACILITES INSPECTED Section of the form. ® Stormwater Discharge Outfalls are to be inspected every week and after each%2 inch rain event. It is required to individually list each of the outfalls to be inspected,the date and time inspected,the initials of the inspector, clarity, floating and suspended solids,oil sheen,other pollution indicators, visible sediment,and any preventative or corrective actions taken as noted in the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS Section of the form. e. .The.Permittee(Financially Responsible Party as indicated on Erosion and l Sedimentation Control Plan application) is required to sign the inspection form each week, certifying that the report is accurate and complete. The Permittee may authorize a representative to sign these documents(please see Part It Section B (10 b)of the NCGO10000.Permit for proper procedure). II. Stream Standard- Other Waste(In-Stream Sediment)and 401 WQ Certification a. Provide a map that exactly details the jurisdictional waters on the tract; including, all impacts,both intentional and unintentional. Impacts must be clearly quantified and mapped. b. Submit a Sediment Removal Plan to this office for review and approval. The plan must address removal of accumulated sediment from all surface waters on the tract and be submitted to the Division of Water Quality for review and approval prior to implementation. The Restoration Plan should include the following: A narrative explaining how sediment will be.removed and how impacted jurisdictional waters will be restored. A diagram of the stream channels,referenced with photo documentation of sediment impacts prior to removal and following removal activities. "2009 of 6 ® A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. c. Submit a plan to remove any in-stream erosion and sedimentation control measures and restore the stream channels (i.e.,pattern,dimension and profile), The plan must be submitted to the Division of Water Quality forxeview and approval prior to implementation. d. Submit a plan to provide the required mitigation for impacts to waters as clearly defined in the 401 WQC document. e. A proposed timeline for all restoration activities must be provided. f. The use of an environmental consultant experienced in stream restoration to assist with development of the required planning, design and authorization necessary.to achieve compliance is highly encouraged. Chuck Cranford of the Asheville Regional Office should be consulted for additional guidance. g. Once the restoration efforts have been completed, a final report documenting the results should be submitted to Chuck Cranford. III. 401 Water Quality Certification Conditions Violations a. Please explain how you will return the project to compliance with all 401 WQC conditions. The DWQ understands the United States Army Corps of Engineers (COE)has suspended the 404 permit associated with this project pending full compensation for existing impacts. The DWQ will be working in concert with the COE to meet the needs of both agencies. IV. Removal of Best Usage—ISA NCAC 02B.0211 (2) a. Please explain Why these impacts occurred without prior authorization. b. Comply with II. a. above. c. Please submit the following documents for review and approval: • Stream Restoration Plan(stream channel grading and fill impacts)-Please explain how you plan to restore the pattern,profile and dimension of the impacted stream channels. The streambeds must be restored to the original profile,the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. • A proposed timeline for all restoration activities must be provided. mitti Vinson et at. August 31,2009 Page 6 of 6 Thank you for your attention to this matter.This office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations,as detailed above;be abated immediately. These violations and any`future violations are subject to a civil penalty assessment of up to$15,000.00 pelt day for each violation. Should you have any questions regarding these matters,please contact Chuck Cranford at(828)296-4664. Sincerely, Roger C.Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Amanda Jones—USACE(e-copy) ClearWater Environmental Consultants(e-copy) Tim Fox--Henderson County Erosion Control(e-copy) Henderson County Planning DWQ Central Files ARO File Copy G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCGOASevenFalls-NCRO01043\NOV-2009-PC-0130_Continuance_8-27-09.doe \ - i PiCDER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary September 29, 2009 Town of Banner Elk John Mejaski PO Box 2049 Banner Elk,NC 28604 Subject: 401 Water Quality Certification -Approval Shawneehaw Creek Stream Restoration DWQ Project# 09-0828 Avery County WAT/ Shawneehaw Creek/ 8-22-7/C Tr Dear Mr. Mejaski: The DWQ has completed the review of your 401 Water Quality Certification application associated with the ubject project listed above. Approval has been granted to impact 600 feet of streams for the purpose of restoration at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689. 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, Trout Buffer and Stormwater regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296450M FAX:828-299-70431 Customer Service:1-877-623-6748 TtTOne 7 Internet:www.ncwaterquality.org 1'V�/'''777�Oi/r}fthC/c`ll/'�ofina An Equal Opportunity 1 Affirmative Action Employer G' ,�'�"t�'`rall` Town of Banner Elk September 29,2009 Page 2 of 2 Amount Approved (Units) Plan Location or Reference Shawneehaw Crk 600 (feet) Downstream Puddingstone Bridge 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, f.4' �J f Colee nH. Sullins, Director tf CHS/lsw ` Enc: GC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office (e-copy) 401 Permitting Unit—Central Office File Copy Justin Church-NCSU (e-copy) G:\WPDATA\DEMWQ\Avery\401s\09-0828Shawneehaw-Approval.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 29, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED Queens Gap Devinshire Land Development, LLC Burt Baine Burt Baine PO Box 30 PO Box 30 Rutherfordton,NC 28139 Rutherfordton, NC 28139 Return Receipt#: 70071490 0004 0713 7697 Return Receipt#: 70071490 0004 0713 7703 Long Mountain 442 Acres, LLC Queens Gap Mountain, LLC Ryan P. McCarthy Louis W. Nanney PO Box 30 PO Box 30 Rutherfordton,NC 28139 Rutherfordton, 28139 Return Receipt#:70071490 0004 0713 7710 Return Receipt#: 70071490 0004 0713 7727 Queen's Gap Investments, LLC Keith Vinson Two Town Square, Suite 320 Asheville,NC 28803 Return Receipt#: 70071490 0004 0713 7734 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Queens Gap 401 Water Quality Certification- WQC003754 DWQ Tracking Number: NCR000591 NOV-2009-PC-0817 and continuing violation NOV-2009-PC-0615 Construction Stormwater Permit—NCGO 10000 Stream Standard Violation - Other Waste (In-stream sediment) 401 Water Quality Certification(WQC) Conditions Rutherford County Response deadline: October 9,2009 SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:: www.ncwaterquality.org FAX:828-299 70431 Customer Service:1-877-623-6748 �R lir���� Internet: www.ncwaterquality:org /, An Equal Opportunity 1 Affirmative Action Employer Queens Gap September 29,2009 Page 2 of 5 Dear Sirs: On September 15, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at the Queens Gap development in Rutherford County. Ms. Darlene Kucken(N.C. Division of Land Resources) was present. Prior to leaving the site, a brief conversation was held with Mr. Jim Kiefner. Construction Stormwater Permit NCGO10000, 401 WQC condition, and stream standard violations were noted during the inspection. Sediment impacts to Stone Creek(Classified C/Tr) were documented. Please note: The DWQ has not received a satisfactory response to NOV-2009-PC-0615 dated July 14, 2009. The site conditions requiring the issuance of NOV-2009-PC-0615 remained as described in said document and require immediate attention along with the violations noted below. VIOLATIONS I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. The NCGO10000 Permit authorizes discharge of Stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Rain Gauge(Part I. Section B. No. 1.) A rain gauge was not observed on the site at the time of inspection. b. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily,has not been made available for review. c. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Division of Land Resources Notice of Violation dated September 24,2009, represents a violation of NCGO10000 Permit. d. Minimum Monitoring and Record Keeping (Part I. Section B.No. 3) Inspection records of erosion& sedimentation control measures and stormwater discharges, collected weekly and after every half-inch or greater rain event, have not been made available for review. e. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan, as cited in Division of Land Resources Notice of Violation dated September 24,2009, represents a violation of NCGO10000 Permit. f. Twenty-four Hour Reporting(Part II. Section E. No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO10000 Permit. II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f—Approximately 1,500 feet of Stone Creek(Classified C/Tr) was impacted by the deposition of sediment and gravel measuring from three (3)to twelve (12) inches deep _9,2009 throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) III. 401 WQC Condition Violations—WQC003754, approved on August 26, 2008, specified that the activities must adhere to, among others, the following conditions: Sediment and Erosion Control 2. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes,or rules occur. REQUIRED RESPONSE This Office requests that you respond in writing by October 9,2009. Your response should be sent to both the attention of Chuck Cranford,Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and. Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCGO10000 a. Please explain when you anticipate being in full compliance with the NCG010000 Permit and your Erosion and Sediment Control Plan. b. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records from July 1, 2009 through to the date of your written response to this letter. Specifically, it is Queens Gap September 29,2009 Page 4 of 5 requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. c. The Permittee (Financially Responsible Party as indicated on Erosion and Sedimentation Control Plan application) is required to sign the inspection form each week, certifying that the report is accurate and complete. The Permittee may authorize a representative to sign these documents (please see Part II Section B (10 b) of the NCGO10000 Permit for proper procedure). d. You should include in your response an explanation of how you propose to prevent the problems noted in this NOV from reoccurring on this project and on future projects. II. Stream Standard- Other Waste (In-Stream Sediment) a. Please provide a map that details the jurisdictional waters on the tract and identifies and quantifies all unpermitted impacts. This map should also indicate any off-site waters that have been impacted. b. Please submit a Sediment Removal/Stream Restoration Plan(Restoration Plan)to this office for review and approval. The Restoration Plan must address removal of the accumulated sediment or other fill from Stone Creek. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of the Restoration Plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration Plan should include the following: A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel,referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. ),2009 c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. III. 401 WQ Certification a. Refer to the items above in I. a.-c. for response requirements. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Chuck Cranford at(828) 296-4664. Sincerely, r Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Darlene Kucken -Division of Land Resources Jennifer Robertson—WNR (e-copy) G:\WPDATA\DEMWQ\Rutherford\401 s\QueensGap\NOV-2009-PC-0817.doe WCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September 30, 2009 Mr. Keith And Ruby Hunter 200 Pumkin Patch Rutherfordton,NC 28139 SUBJECT: NOTICE OF VIOLATION NOV-2009-SS-0040 Stream Standard Violation- Other Waste (In-stream sediment) Removal of Best Usage Rutherford County Response deadline: October 20, 2009 Dear Mr. and Mrs. Hunter On September 3, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for along Cathey's Creek in Rutherford County. Violations water quality regulations and stream standards violations were noted during the inspection. Sediment and fill impacts to Cathey's Creek, classified as WS IV waters, were documented. VIOLATIONS I. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f—Approximately 50 feet of Cathey's Creek, classified as WS IV waters, was impacted by fill and sediment deposition greater than six inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) Il. Removal of Best Usage—15A NCAC 02B.0211 (2)—Greater than 50 feet of an Cathey's Creek, classified as WS IV waters was impacted by fill, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE This Office requests that you respond in writing by October 20, 2009. Your response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 7 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI��1Car01111a Phone:: www.6-45001 FAX:828-299-70431 Customer Service:1-877-623 6748 �� t,N�`� Internet: www.ncwaterquality.org vL6 ` An Equal Opportunity,1 Affirmative Action Employer Keith And Ruby Hunter September 30,2009 Page 2 of 3 Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) 15A NCAC 02B .0211 (3)f and Removal of Best Usage— 15A NCAC 02B.0211 (2) a. Please explain the purpose for the fill activities that have occurred. b. Please submit a Sediment Removal/ Stream Restoration Plan (Plan)to this office for review and approval. The Plan must explain how you intend to restore the pattern,profile and dimension of the impacted stream channels to include the removal of fill and sediment. The streambed must be restored to the original profile,the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. The Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your Plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Plan should include the following: • A narrative explaining how sediment and fill will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with a timeline that indicates when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. • Permit Application—If you wish for any impacts to remain in place,you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not permittable. If you plan to seek a permit for the permittable impacts, indicate when an application will be submitted. • It is required that you contact the Division of Land Resources and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. y Hunter 2009 S c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Chuck Cranford at(828) 296-4664. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources G:\WPDATA\DEMWQ\Rutherford\Complaints-Misc\HunteI\NOV-2009-SS-0040.doe i NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary September,30, 2009 Mr. Keith And Ruby Hunter 200 Pumkin Patch Rutherfordton,NC 28139 SUBJECT: NOTICE OF VIOLATION NOV-2009-SS-0040 Stream Standard Violation- Other Waste (In-stream sediment) Removal of Best Usage Rutherford County Response deadline: October 20,2009 Dear Mr. and Mrs. Hunter On September 3, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for along Cathey's Creek in Rutherford County. Violations water quality regulations and stream standards violations were noted during the inspection. Sediment and fill impacts to Cathey's Creek, classified as WS IV waters, were documented. VIOLATIONS I. Stream Standard Violation -Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f—Approximately 50 feet of Cathey's Creek, classified as WS IV waters, was impacted by fill and sediment deposition greater than six inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) II. Removal of Best Usage—15A NCAC 02B.0211 (2)-Greater than 50 feet of an Cathey's Creek, classified as WS IV waters was impacted by fill,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2) REQUIRED RESPONSE This Office requests that you respond in writing by October 20, 2009. Your response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE brie L. Location:2090 U.S.Highway 70,Swannanoa,NortltCarolina 28778 NOTtI1CaTOl1I1a Phone:: www.ncwaterquality.org FAX: 99-7043\Customer Service:1 877-623-6748 Internet: www.ncwaterquality.org 1�16 An Equal Opportunity l Affirmative Action Employer Keith And Ruby Hunter September 30,2009 Page 2 of 3 Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Stream Standard - Other Waste (In-Stream Sediment) 15A NCAC 02B .0211 (3)f and Removal of Best Usage— 15A NCAC 02B.0211 (2) a. Please explain the purpose for the fill activities that have occurred. b. Please submit a Sediment Removal/ Stream Restoration Plan(Plan) to this office for review and approval. The Plan must explain how you intend to restore the pattern,profile and dimension of the impacted stream channels to include the removal of fill and sediment. The streambed must be restored to the original profile,the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. The Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with development of your Plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Plan should include the following: • A narrative explaining how sediment and fill will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with a timeline that indicates when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. • Permit Application—If you wish for any impacts to remain in place,you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not permittable. If you plan to seek a permit for the permittable impacts, indicate when an application will be submitted. • It is required that you contact the Division of Land Resources and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. .,uy Hunter 30,2009 if 3 c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Chuck Cranford at(828)296-4664. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources G:\WPDATA\DEMWQ\Rutherford\Complaints-Misc\Hunter\NOV-2009-SS-0040.doc