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
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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
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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
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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
,-
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`_
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
/ �
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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
�_....
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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
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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
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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. 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
_..�
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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
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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
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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
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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
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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
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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
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Internet:www.ncwaterguality.or4 {'
An Equal Opportunity 1 Affirmative Action Employer Natur ll
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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 �/
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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
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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
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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