Loading...
HomeMy WebLinkAboutDWR SWP Read File Archive September 2013 e•� North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Feeder Secretary Director September 3, 2013 Mr. McCray Coates, Stormwater Services Manager City of Asheville P.O. Box 7148 Asheville,NC 28802 Subject: Stormwater Permit No. SW1130701 City of Asheville—Craven Street Improvements Buncombe County Dear Mr. Coates: The Division of Water Resources staff has reviewed the plans and specifications for the City of Asheville's Craven Street Improvements stormwater system and has determined that the project, as proposed, will comply ,-vith the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. The Division of Water Resources is forwarding Permit No. SWl 130701 dated September 3, 2013, for the construction, operation and maintenance of the subject project and the stormwater control systems (also referred to as Best Management Practices—BMPs). This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. Please be aware of the following concerns regarding the project: • The site drainage areas must be stabilized before BMPs are put in place. • Please pay special attention to the Operation and Maintenance (O&M)requirements in this permit. Failure to establish an adequate system for inspection and maintenance of the stormwater BMPs may result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty(30) days following receipt of this permit. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterquality.org NorthiCarolina An Equal Opportunity'.Affirmative Action Employer Naturally Mr.Coates September 3,2013 Page 2 of 2 This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, and Raleigh,NC 27611-7447. Unless such demands are made this permit shall be final and binding. This project will be kept on file at the Asheville Regional Office. If you have any questions, or need additional information concerning this matter,please contact the Asheville Regional Office at(828) 296-4500. Sincerely, For Thomas A. Reeder Enclosure: SW1130701/Plans/Application/O&M Agreements cc: ARO Files (DWR file to DEMLR) Central Files David Tuch, Equinox Environmental, 37 Haywood St., Asheville,NC 28801 G:\WQ\SWP\Buncombe\Stormwater\4-Phase II\Craven St-New Be1gium\CVRLTTR.SW1130701.Craven St Imprvmnts SW.8 2013.doc\' STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT SW1130701 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO City of Asheville Craven Street Improvements Buncombe County FOR THE construction, operation and maintenance of 2 bioretention systems in compliance with the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to _ as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality (Division) and considered a part of this permit. This permit shall be effective from September 3, 2013, until rescinded, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater control system has been approved for the management of stormwater runoff as described in the application and other supporting information. 3. The runoff from all built-upon areas (BUAs) within the permitted drainage areas of this project must be directed into the permitted stormwater control systems (or Best Management Practices ='BMPs). 4. The BUAs associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. State Stormwa,; City of Asheville—Craven Street Improve, Permit No. SW113D.. 5. The following BMPs for the designated drainage areas have permitted and must be provided in the system at all times. [ref. Permit Application, Plan Sheets, and Supplemental Information] DA1 (BMP A— Porous Paving), DA2 w/DA2a (BMP B, C — Bioretention and Level Spreader), DA2a (BMP D— Bioretention), DA3 (BMP E — Porous Paving), DA4 (BMP F — Green Street Bioretention), DA5 (BMP G — Porous Paving), DA6 (BMP H — Swale), DA7 (BMP I - SW Wetland, includes DA6), DA8 (BMP J — Porous Paving), DA9 (BMP K— Swale). II. SCHEDULE OF COMPLIANCE 1. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re-vegetation of slopes. 0 d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans. f. Debris removal and unclogging of all drainage structures, filter media, planting media, underdrains, catch basins and piping. g. Access to the cell and outlet structure must be available at all times. 3. Records of maintenance activities must be kept for each permitted BMP and maintained on site for review by the Division of Water Quality. The reports will indicate the date, activity, name of person performing the work and what actions were taken. 4. The permittee shall submit to the Division of Water Quality an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 5. The stormwater treatment system shall be constructed in accordance with the approved plans and specifications, the conditions of this permit, and with other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system Installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 2 State Stormwater Permit City of Asheville—Craven Street Improvements Permit No. SW1130701 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11.The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. _ 12.A copy of the approved plans and specifications shall be maintained on file by the Permittee. 13.The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed Name/Ownership Change Form must be submitted to the Division of Water Quality, signed by the parties involved, accompanied by supporting documentation as listed on page 2 of the form. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3 State Stormwa,, City of Asheville—Craven Street Improvo, Permit No. SW113U., 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater BMPs. 6. The permittee grants permission to staff of the Division to access the property for the purposes of inspecting the stormwater BMPs during normal business hours. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater BMPs must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained In Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. Permit issued this the 3rd day of September, 2013. NORTH CAROLINA EWIRONMEN L MANAGEMENT COMMISSION for Thom Reeder, Director Division o ater Resources By Authority of the Environmental Management Commission 4 City of Asheville Craven Street Improvements DWQ Stormwater Permit No. SW1130701 Buncombe County Designer's Certification as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time)the construction of the project, City of Asheville — Craven Street Improvements for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date Mail to: DWQ/ARO [Ref. SW1130701] 2090 US Highway 70 Swannanoa, NC 28778 Page 1 of 2 A City of Asheville - Craven Street Improvements DWQ Stormwater Permit No. SW1130701 Buncombe County - Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. Page 2 of 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director 9/3/2013 Rutherford County Attn: Carl Classen 289 North Main Street Rutherfordton,NC 28139 Subject: 401 Water Quality Certification -Approval Project Name: Queens Gap Phase 1 DWQ Project# 2007-2227-V2 Rutherford County Broad River Basin/Stone Creek/9-23-11 /C; Tr Dear Mr. Classen: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 269 feet of streams the purpose of residential development at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control, Buffer and Flood Plain regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one ww Phone:828-296-45001 FAX:828-299-7043 One 1 Internet: w.ncwaterquality.org l�of thCariolina ,VaturalZ An Equal Opportunity Affirmative Action Employer Rutherford County September 3,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Stream 269 total(feet) Plan sheet 3a. S 1 84 feet S2 60 feet S3 100 feet S4 25 feet Additional Conditions: 1. Provide appropriate plan and profile information for impact#4 if needed. 2. Implement Sediment Removal Plan as outlined in application. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at �- (828)296-4664. Saas foeder T AR/trf Enc: GC3890 Certificate of Completion cc: Amanda Fuemmeler -USACE Asheville Regulatory Field Office Clement Riddle—C1earWater Environmental Consultants, Inc. Laura Herbert P.E. —NC DEMLR David McHenry—North Carolina Wildlife Resources Commission WBSCP Unit—Central Office File Copy G:\WQ\SWP\Rutherford\401s\Non-DOT\Queens Gap 2007-2227-V2\APRVL.401 Queens Gap V2.9-3-13 (1).dol-- NcQE North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director September 4, 2013 Adam Reed 1170 Amsterdam Avenue,NE Atlanta, Georgia 30306 Subject: 401 Water Quality Certification -Approval Adam Reed Shoreline Stabilization—Lot 40 DWQ Project#2013-0872 Macon County LTN03 /Nantahala River [Nantahala Lake (Aquone Lake)] /2-57-(22.5)/ Class B; Tr Dear Mr. Reed: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.018 acres of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.018 (acres) Application Item 7. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 Internet:www.ncwaterquality.org NorthCarollna utlll' An Equal Opportunity 1 Affirmative Action Employer Adam Reed November 4,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828)296-4657. ;Sincer;ely, f <"e for Thomas A. Reeder TARIkhb Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\S WP\Macon\401 s\Non-DOT\AdamReed-Lot40\APRVL.09-04-2013.doc �y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director September 4, 2013 Robert W. Scholz 4820 Merlendale Drive Atlanta, Georgia 30327 Subject: 401 Water Quality Certification -Approval Robert W. Scholz Shoreline Stabilization—Lot 17 DWQ Project#2013-0892 Macon County LTN03 /Nantahala River [Nantahala Lake (Aquone Lake)] /2-57-(22.5)/ Class B; Tr Dear Mr. Scholz: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. ,;Approval has been granted to place fill within or otherwise impact 0.008 acres of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Trout 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 0.008 (acres) Application Item 7. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Ot1O Phone:828-296-450M FAX:828-299-7043 N�e Car 41111a Internet:www.ncwaterquality.org �gtll�'l�f`l,f An Equal Opportunity 1 Affirmative Action Employer Robert W.Scholz November 4,2013 Page 2 of 2 � Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828)296-4657. Sincerely, for Thomas A. Reeder TAR/khb Enc: GC3898 Certificate of Completion cc: Brett Murphy,Arrowood Construction, LLC 246 Foxwood Drive, Franklin,NC 28734 USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\SWP\Macon\RobertScholzLotl7\APRVL.09-04-2013.doc �l NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 4, 2013 Wade P. Keisler and Mary Keisler, Trustees Keisler Property(PIN: 7593-53-1088) 5179 Sunset Boulevard Lexington, South Carolina 29072 Subject: Request for More Information 401 Water Quality Certification Proposed Keisler Dam and Impoundment DWQ Project#2013-0851 Jackson County Dear Mr. and Ms. Keisler: The Division of Water Resources (DWR)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. 1. The US Army Corps of Engineers has identified several areas of concern(please see attached e- mail) and potential non-permitted impacts. Prior to further processing of this application,the Division of Water Resources will need documentation that these issues have been resolved and addressed with an updated application identifying all impacts. 2. The NC Wildlife Resources Commission has identified potential temperature and minimum release issues with the existing application(Please see attached e-mail). You must address these issues with a plan that shows that the proposed impoundment will not result in water quality standard violations in the updated application. Please provide your response in writing to the addresses below. Four copies of the required information should be provided to the Wetlands,Buffers, Stormwater Compliance and Permitting Unit at: Ms. Karen Higgins WBSCP Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Kevin Barnett Surface Water Protection Section 2090 US HWY 70 ' Swannanoa,NC 28778 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 1 Phone:828-296-45001 FAX:828-299-7043 N Ol�hca 01111a Intemet:www.ncwaterquality.org �aturgllr� An Equal Opportunity 1 Affirmative Action Employer Keisler Property September 4,2013 Page 2 of 2 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 Kevin Barnett (828)296-4657, if you have any questions. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Terry Allen, T. E. Allen Engineering, PC Post Office Box 103, Rosman,NC 28772 David Brown-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Karen Higgins - WBSCP Unit County Planning ARO File copy G:\WQ\S WP\Jackson\401s\Non-DOT\KeislerDam\AddInfo.09-04-2013.doc ,�J sett, Kevin From: McHenry, David G. Sent: Tuesday, September 03, 2013 2:51 PM To: David Brown (david.w.brown@ usace.a rmy.mil); Barnett, Kevin Subject: Keisler Dam application questions Gentlemen, I went to the site and was wondering is the application for Kiesler dam project complete—do you want comments from me at this point? There are several things that confuse me or that are questions. They are as follows: 1. The stream actually appears to be a UT to Trays Island (C HOW+)and not the horsepasture. There used to be brook trout downstream of the site (too small for fish they at the site), but they seemed to have been knocked out downstream of the horse barn area. 2. There looks like a small area of wetland just above the culvert though I did not look at the soil,which ain't deep. 3. The plan shows 130 feet of stream impact for the dam, but only 72 feet on the impact table. If the flooding is only 77 feet of stream,then the impoundment would be nearly 168 feet wide. I don't think the math works out, but I could be wrong. 4. The temperature of the stream last week near midday was 16.5 C. Even a small pond (<0.1 acre)would warm considerably this small stream based on a few data points I've collected this summer from much smaller impoundments. Heck, I wonder if it would have any outflow in normal summers with a 0.3 acre pond on it. If some trees are left on either side of the south facing pond,which would be good for at least some shade,they likely would transpire all inflow. Would those questions need to be addressed? ,.Please let me know how you want me to proceed. I'll will be glad to go ahead and submit formal comments if you wish. Thanks Dave McHenry NCWRC Habitat Conservation Biologist 828/400-4223 Email correspondence to and from this sender is subject to the N.C.Public Records Lawn and may be disclosed to third parties. 1 Nett, Kevin From: Brown, David W SAW <David.W.Brown@usace.army.mil> Sent: Tuesday, August 27,2013 4:58 PM To: Barnett, Kevin Subject: RE: Keiser impoundment request (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Yes, I checked this site yesterday&the Keisler dam site has existing non-permitted impacts for the driveway culvert& driveway to stream and wetlands. Been thinking hard on this one,feeling strongly to require a JD to determine the exact existing impacts&the proposed impacts. Also, already have asked USFWS to comment due to close proximity to T&E, Rock Gnome Lichen. Thanks, David Brown -----Original Message----- From: Barnett, Kevin [mailto:kevin.barnett@ncdenr.gov] Sent:Tuesday,August 27,201311:18 AM To: Brown, David W SAW Cc: McHenry, David G. ---,Subject: [EXTERNAL] Keiser impoundment request Hi David: Was wondering if there was any kind of pre-app for this application. County staff have relayed that the proposed impoundment excavation may be a wetland feature. ? Thanks, Kevin Kevin Barnett-Kevin.Barnett@ncdenr.gov<mai Ito:Kevin.Barnett@ncdenr.gov> North Carolina Dept. of Environment and Natural Resources -/Asheville Regional Office Division of Water Quality-Water Quality Section 1 ,� �_� ,- '�i ___ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 4, 2013 Mr. Bob B. Leatherwood Silver Bluff Realty LLC 100 Silver Bluff Drive Canton, North Carolina 28716 Subject: NOTICE OF VIOLATION NOV-2013-LV-0602 Permit No. NCO033600 Pigeon Valley Rest Home WWTP Haywood County Dear Mr. Leatherwood: A review of Pigeon Valley Rest Home's WWTP monitoring report for May 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 05/22/2013 45 mg/I 118 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/2964600. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section -' cc: DWR Asheville Files -` DWR Central Files Goldie&Associates/ORC G:1WQ\SWP\Haywood\Wastewater\Minors\Silver Bluff-Pigeon Valley 33600\NOV-2013-LV-0502.doc DIVISION OF WATER RESOURCES 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone (828)296-4500 Internet: www.ncwaterauality.org An Equal Opportunity/Affirmative Action Employer FAX (828)299-7043 �.-. /-`,, 1 `�J A:4y;FL') NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director September 6, 2013 Hubert Wells, Jonathan Wells, and Brian Wells Post Office Box 220 Murphy,North Carolina 28906 Subject: 401 Water Quality Certification -Approval Cherokee Casino Access Road DWQ Project#2013-0875 Cherokee County HIW02/Valley River/ 1-52/Class C; Tr Dear Messer's. Wells: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. kpproval has been granted to place fill within or otherwise impact 0.018 acres of wetlands and 263 feet of 'streams for the purpose of constructing an access road at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 263 (feet) Application Item C. 3. i' 404/CAMA Wetlands 0.018 (acres) Application Item C. 2. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one Phone:828-296-45001 FAX:828-299-7043 Internet:wvvw.ncwaterquality.org NorthCarolina lltlllY `�l,/ An Equal Opportunity,Affirmative Action Employer Cherokee County Access Road September 6,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result it criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at (828) 296-4657. Sincerely, �r for Thomas VIReeder TAR/khb Enc: GC3890 Certificate of Completion cc: Eric Sneed, Tribal Gaming Enterprise 777 Casino Drive, Cherokee,NC 28719 Clement Riddle, ClearWater Environmental Consultants, Inc. 224 South Grove Street, Suite F,Hendersonville,NC 28792 David Brown, USACE Asheville Regulatory Field Office David McHenry,North Carolina Wildlife Resources Commission WBSCP Unit—Central Office File Copy G:\WQ\SWP\Cherokee\401s\Non-DOT\Cherokee Casino\APRVL.09-06-2013.doc 400 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 9, 2013 Mr. Cameron McHargue, Town Manager Town of Spindale P.O. Box 186 Spindale, North Carolina 28160 Subject: NOTICE OF VIOLATION NOV-2013-LV-0613 Permit No. NCO020664 Spindale WWTP Rutherford County Dear Mr. McHargue: A review of Spindale WWTP's monitoring report for June 2013 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, M- 06/30/2013 200#/100ml 214.07#/100ml Monthly Geometric FC Broth,44.5C Mean Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, Chuck Cranford, Regior(al Supervisor Surface Water Protection Section cc: DWR Asheville Files DWR Central Files G:1WQISWP�RutherfordUrVastewater\Municipai\Spindale WWTP 20664WOV-2013-LV-0513.doc DIVISION OF WATER RESOURCES 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone (828)296-4500 Internet: www.ncwaterauality.orq An Equal Opportunity/Affirmative Action Employer FAX (828)299-7043 A � NCDENR North Carolina Department of Environment and Natural Resources Division.of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E Skvarla,III Governor Director Secretary September 9,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6513 Mr. Jeffrey Wakefield Columbia Forest Plywood Products P.O. Box 1148 Old Fort,North Carolina 28762 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0508 Columbia Forest Plywood Products NPDES Permit No. NCO087076 McDowell County -;Dear Mr. Wakefield: A review of the May 2013 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 05/05/2013 001 Settleable Solids 0.25 ml/1 0.2 ml/1 05/31/2013 001 Settleable Solids 0.25 ml/1 0.1 ml/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0087076. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received.in this Office within the 10-day period, a civil penalty assessment may be prepared. DIVISION OF WATER RESOURCES ASHEVI I E: REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\Fat:828-299-7043 Internet:ww.newaterquality.org An Equal Opportunity Affirmative Action Employer Mr. Jeffrey Wakefield September 9,2013 Page Two Remedial actions, if not already implemented, should betaken to correct any problems. The Division of-- Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWR Asheville Files DWR Central Files DWR Point Source Branch r:Wts'SL'I t1cDt weil',4�'astectiatei';[ndu trial`,.Co]umUia 87076`:NOV-NRE--?013-LV-U;(.38.doc NCQENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 9, 2013 Mr. James Rice Eaven Brice Partnership 329 Emma Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2013-LV-0607 Permit No. NCO067342 North View Mobile Home Park WWTP Buncombe County Dear Mr. Rice: A review of North View Mobile Home Park's WWTP monitoring report for June 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 06/13/2013 45 mg/I 48 mg/l Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at.828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWR Asheville Files_ DWR Central Files Jim Queen/ORC G:1WQ1SWPtBuncombe\Wastewater\Minors\North View MHP 673421NOV-2013-LV-0507.doc DIVISION OF WATER RESOURCES 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone (828)296-4500 Internet: www.ncwatercivality.org An Equal Opportunity/Affirmative Action Employer FAX (828)299-7043 -. lr� . J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 9, 2013 Mr. Warren Cabe, Town Manager Town of Franklin PO Box 1479 Franklin, NC 28744 SUBJECT: Compliance Evaluation Inspection Town of Franklin WWTP Permit No: NCO021547 Macon County Dear Mr. Cabe: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on September 5, 2013. The facility was found to be in compliance with permit NC0021547. Inspection Summary and Recommendations: Operations and Maintenance: The WWTP staff are highly trained, motivated and are doing an excellent job. They appear to be dedicated, conscientious, hardworking and take pride in what they do. They are to be commended for their leadership, outstanding work performance and team efforts. The WWTP appears to be properly operated, maintained and in compliance with permit limits. The plant was operating well and the effluent was clear at the time of the inspection. Compliance: There is an excellent history of compliance with permit limits. There were, however, two weekly average permit limit violations in January 2013 (BOD & TSS), as a result of extreme rainfall events. There were 16.8 inches of rainfall during the month, which was 11 inches above normal. The recent WWTP upgrades will allow more flexibility in operations and ensure consistent compliance. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296.4500 FAX:828-299-7043 n // Internet: www.ncwaterquality.org �lLtur+QLL�/ An Equal Opportunity 1 Affirmative Action Employer �/ Mr. Warren Cabe page 2 of 2 September 9, 2013 Staffing: The WWTP is understaffed. There are only four full-time employees for daily operations and maintenance, process control, compliance monitoring of the 1.65 MGD wastewater treatment plant, pretreatment program (with two significant industrial users), laboratory analyses, tracking and submittal of Town and permit required reports and grease trap inspection program. It is recommended that two additional staff members are needed, with one person dedicated to WWTP maintenance. Telemetry: There is on-site SCADA but, no remote telemetry monitoring for the WWTP. It is recommended that remote telemetry monitoring be installed with notifications to the Town's Public Works Department employees and Police Department. The assistance of Mr. Wayne Price, Mr. Bill Allen and Mr. Bill Deal was greatly appreciated during the Compliance Evaluation and Pretreatment Audit Inspections. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Wayne Price, ORC Central Files Asheville Files G:\WQ\SWP\Macon\Wastewater\Municipal\Franklin WWTP 21547\CEI. 9-5-13.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO021547 111 121 13/09/05 117 181 C I 191 S I 201 I Remarks 2111IIIII11111 111II11111II IIIII1IIIIII IIIIIIII II16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -----------------------Reserved--------------------- 67 I 1.0 169 70151 711 I 721 NJ 73I 174 751 I I I I I I 180 Section B: Facility Data Wf 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) Franklin WWTP 10:15 AM 13/09/05 12/12/01 Sierra Dr Exit Time/Date Permit Expiration Date Franklin NC 28734 01:30 PM 13/09/05 17/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Wayne Medford Price/ORC/828-524-4492/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Sam Greenwood,PO Box 1479 Franklin NC 287441479/Town Manager/828-524-2516/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ S Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. i Page# 1 A A NPDES yr/mo/day Inspection Type (cont.)�\ 3 I NCO021547 111 12I 13/09/05 117 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) WWTP Class III 0.75 MGD WWTP originally built in 1964; upgraded in 1993 to a 1.65 MGD oxidation ditch WWTP type: 1.65 MGD Orval Oxidation Ditch WWTP consisting of: 2012-2013$5.2 M improvements and $500,000 digestor rebuild to be completed —October 2013. influent Isco 4200 refrigerated composite sampler; septage receiving station; 80 KW headworks diesel Kohler standby generator with 200 gallon fuel tank; Hydrodyne Band mechanical screen; manual bypass bar screen; Wes-Pech aerated grit removal with coarse bubble diffusers, dual blowers & classifier; 1.5 Mgal flow equalization basin with coarse bubble diffusers, timers, automatic DO sensing and dual high water alarms; 1.65 M gal three channel Orval oxidation ditch with automatic DO sensing; dual 0.20 Mgal Rex circular clarifiers; RAS &WAS pumps; 1.0 Mgal aerobic digestor with fine bubble diffusers, supernatant return and sludge withdrawal; 0.06 Mgal chlorine contact chamber; sodium hypochlorite (bleach) liquid feed chlorination system; sulfur dioxide liquid feed dechlorination system; 1.2 meter(2013 upgrade from 1.0 meter) Komline Sanderson belt filter press with cationic polymer(Ciba)feed equipment); 600 KW diesel Kohler emergency generator with 500 gallon fuel tank for process treatment works; lam' Isco ultrasonic flow measurement; effluent Isco 3710 refrigerated composite sampler; electronic control panels and SCADA with computerized on-site monitoring equipment (however, NO TELEMETRY!); and 70 linear feet of 12-inch gravity line to outfall. Annual flow meter calibration: The flow meter was last calibrated on 8-29-2013. Sludge Management: Belt filter press with biosolids hauled to the Macon County Landfill. Pretreatment: Modified pretreatment program Wastewater is 99% domestic& 1% industrial. Slus: Caterpillar Inc.; metal face oil seals from synthetic rubber and various metals alloy castings & stampings. Process: 4000 gpd & Non-process: 5200 gpd Page# 2 Permit: NCO021547 Owner-Facility: Franklin WWTP Inspection Date: 09/05/2013 Inspection Type: Compliance Evaluation Macon County Landfill; municipal solid waste landfill leachate. Process: 7640 gpd & Non-process: none Inspection Summary and Recommendations: Operations and Maintenance: The WWTP staff are highly trained, motivated and are doing an excellent job. They appear to be dedicated, conscientious, hardworking and take pride in what they do. They are to be commended for their leadership, outstanding work performance and team efforts. The WWTP appears to be properly operated, maintained and in compliance with permit limits. The plant was operating well and the effluent was clear at the time of the inspection. Compliance: There is an excellent history of compliance with permit limits. There were, however,two weekly average permit limit violations in January 2013 (BOD &TSS), as a result of extreme rainfall events. There were 16.8 inches of rainfall during the month, which was 11 inches above normal. The recent WWTP upgrades will allow more flexibility in operations and ensure consistent compliance. Staffing: The WWTP is understaffed. There are only four full-time employees for daily operations and maintenance, process control, compliance monitoring of the 1.65 MGD wastewater treatment plant, pretreatment program (with 2 significant industrial users), laboratory analyses, tracking and submittal of Town and permit - required reports and grease trap inspection program. Recommend: two additional staff, with one person dedicated to WWTP maintenance. Telemetry: There is on-site SCADA but, no remote telemetry monitoring for the WWTP. Recommend: remote telemetry monitoring be installed with notifications to the Town's Public Works Department employees and Police Department. Page# 3 Permit: NCO021547 Owner-Facility: Franklin WWTP Inspection Date: 09/05/2013 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n ❑ #Are there any special conditions for the permit? ❑ 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: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n In 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: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ■ Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual n b.Mechanical ■ Is the grit free of excessive organic matter? ■ n n n Is the grit free of excessive odor? ■ n n n #Is disposal of grit in compliance? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Page# 4 Permit: NCO021547 Owner-Facility: Franklin WWTP Inspection Date: 09/05/2013 Inspection Type: Compliance Evaluation Equalization Basins Yes No NA NE 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 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: Oxidation Ditches Yes No NA NE Are the aerators operational? ■ n n Are the aerators free of excessive solids build up? ■ n ❑ n #Is the foam the proper color for the treatment process? ■ f_i n n Does the foam cover less than 25%of the basin's surface? ■ 0 fl n Is the DO level acceptable? ■ ❑ n n Are settleometer results acceptable(>30 minutes)? ■ n ❑ n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n 0 n Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) ■ 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 Cl 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? ■ ❑ ❑ 13 Is the drive unit operational? ■ El n n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n Page# 5 Permit: NC0021547 Owner-Facility: Franklin WWTP \\ Inspection Date: 09/05/2013 Inspection Type: Compliance Evaluation \ Secondary Clarifier Yes No NA NE Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ n .n n Comment: Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ n n n (Sodium Hypochlorite)Is pump feed system operational? ■ n n n Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ n n n Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ■ n n n 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? 00 ■ n Number of tubes in use? Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? n n n Was generator tested&operational during the inspection? n n ■ n Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n Is the generator fuel level monitored? ■ n n n Comment: Page# 6 A r7A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director September 9, 2013 Richard Danchak 5968 Mayfield Court Manassas, Virginia 20112-885 Subject: 401 Water Quality Certification -Approval Danchak Shoreline Stabilization DWQ Project#2013-0820 Caldwell County CTB32/Catawba River (Lake Hickory)/ 11-(53)/Class WS-IV; B; CA Dear Mr. Danchak: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. ipproval has been granted to place fill within or otherwise 0.008 acres of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Catawba River 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 0.008 (acres) Application Item 8.a. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 No2f1Carofina Internet:www.ncwaterqualiiy.org ',vaturially An Equal Opportunity,Affirmative Action Employer Richard Danchak Shoreline Stabilization September 9,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter,completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828)296-4657. Sincerely, for Thomas A. Reeder , TAR/khb Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office ,1 WBSCP Unit—Central Office File Copy G:\WQ\SWP\Caldwell\401 s\Non-DOT\Danchak-Lot705\APVRL.09-09-2013.doc ..w MEW w�w.a N North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E.Skvarla, III Governor Director Secretary September 10, 2013 Brad Boris City of Morganton PO Box 3448 Morganton, NC 28655 SUBJECT: Collection System Inspection Morganton Collection System Permit No: WQCS00028 Burke County Dear Mr. Boris: On August 14, 2013, 1 conducted an inspection of the Morganton Collection System. The facility was found to be marginally compliant with permit WQCS00028. The primary area ' of the program with compliance issues noted during the inspection is the pump stations' - maintenance. It was reported that at least 6 of the 30 pumps are inoperable or in need of repair. The log sheets which were evaluated indicated ongoing problems with the pumps. Other minor maintenance needs at the pump stations as well as a need for improved record keeping was also noted during the inspection. The enclosed inspection report has additional observations and comments for your review. Please respond to me in writing by October 4, 2013, regarding the pump stations' maintenance issues. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: Central Files ' Asheville Files G:\WQ\SWP\Burke\Collection Systems\Morganton Collection System\CEI.Ltr.Aug2013.doc ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolina Phone: (828)296-4500\FAX:828 299-7043 // Internet:www.ncwatercivality.org Natmally �\ ``,:, I J ��/' Compliance Inspection Report Permit: WQCS00028 Effective: 04/01/09 Expiration: 03/31/17 Owner: City of Morganton SOC: Effective: Expiration: Facility: Morganton Collection System County: Burke PO Box 3448 Region: Asheville Contact Person: Brad E Boris Title: Phone: 828-438-5285 Directions to Facility: System Classifications: CS3, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NC0026573 City of Morganton-Catawba River Pollution Control Facility Inspection Date: 08/14/2013 Entry Time: 10:00 AM Exit Time: 03:00 PM Primary Inspector: Linda S Wiggs Phone: 828-296-4500 Secondary Inspector(s):V(� Ext.4653 Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant Q Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections Pump Station Manhole Regmts Lines (See attachment summary) Page: 1 Permit: WQCS00028 Owner-Facility: City of Morganton Inspection Date: 08/14/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Morganton has—210 miles of sewer lines varying in age from the 1930's to the 1990's; included in this system are 15 pump stations. Of the 15 pump stations, 3 were visited during the inspection and 4 stations log sheets were reviewed. Discussion of the 15 pump stations revealed that all are duplex, and 6 pumps are inoperable or in need of repair. The 4 logs reviewed were Turkey Tail, Doe Run, Silver Creek and Johnson St.All 4 logs indicate problems related to the pumps. *Johnson St.- May and June logs indicate that pump#1 is not working. *Doe Run-July log indicates that pump#2 stopped working at the end of June. *Turkey Tail- May and July logs indicate that pump#2 is operating almost twice as much as pump#1. *Silver Creek- May and June logs indicate pump#1 is failing to operate. Maintenance equipment includes 2 jet machines with root attachments, 1 vacuum truck, 1 trailer vacuum unit, 1 camera, 1 push camera and a smoke machine and 3 portable emergency generators. SSO problematic areas include; the Junction Box, Fleming st, Pearson st, and N Anderson st. All areas have been addressed by management for remediation. Page: 2 Permit: WQCS00028 Owner-Facility: City of Morganton Inspection Date: 08/14/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ n n n What educational tools are used? Greasy Gremlin,bill stuffers,website Is Sewer Use Ordinance/Legal Authority available? ■ n n n Does it appear that the Sewer Use Ordinance is enforced? ■ 0130 Is Grease Trap Ordinance available? ■ n ❑ 0 Is Septic Tank Ordinance available(as applicable,i.e.annexation) ■ rl ❑ n List enforcement actions by permittee, if any,in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ n n n Does CIP address short term needs and long term\"master plan\"concepts? ■ n n Does CIP cover three to five year period? ■ n n In Does CIP include Goal Statement? ■ n n Does CIP include description of project area? ■ n n n Does CIP include description of existing facilities? ■ n n n Does CIP include known deficiencies? ■ n ❑ n Does CIP include forecasted future needs? ■ ❑ ❑ n Is CIP designated only for wastewater collection and treatment? ■ n n n Approximate capital improvement budget for collection system? $390,000.00 Total annual revenue for wastewater collection and treatment? $5,000,000.00 CIP Comments Is system free of known points of bypass? ■ n n n If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? ■ n #Does the sign include: Instructions for notification? ■ n ❑ n Pump station identifier? ■ n n rl 24-hour contact numbers ■ n i, If no, list deficient pump stations Page: 3 Permit: WQCS00028 Owner-Facility: City of Morganton Inspection Date: 08/14/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine #Do ALL pump stations have an"auto polling"feature/SCADA? ■ n n n Number of pump stations 15 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 15 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ■ n n n #If yes,date implemented? Describe: Comment: Duke Root Control foaming agent with a 3 yr guarantee is used. Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ n n n Are records available that document pump station inspections? ■ n n n Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ Cl Are non-SCADA/telemetry equipped pump stations inspected every day? ■ Are records available that document citizen complaints? ■ n n n #Do you have a system to conduct an annual observation of entire system? ■ n n n #Has there been an observation of remote areas in the last year? ■ n n n Are records available that document inspections of high-priority lines? ■ ❑ n n Has there been visual inspections of high-priority lines in last six months? ■ n n n Comment: Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ n n n Does supervisor review all log books on a regular basis? ■ n n n Does the supervisor have plans to address documented short-term problem areas? ■ n n n What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? There are two supervisors for the collection program;one deals with the lines,the other deals with the pump stations. The Line Supervisor reviews logs monthly. The Line Supervisor plans to address problem areas include; break lines down into smaller basins, install flow meters, hire Red Zone camera crew. SSO problem areas have a plan of action for improvements. Pump Station Supervisor was not available so it is unknown the review process, however the ongoing issues with pumps should have been addressed.Also,documentation of maintenance activities could be improved on log sheets. See letter and summary. Page: 4 Permit: WQCS00028 Owner-Facility: City of Morganton Inspection Date: 08/14/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Are maintenance records for equipment available? ■ n n n Is a schedule maintained for testing emergency/standby equipment? ■ n n What is the schedule for testing emergency/standby equipment? quarterly Do pump station logs include: Inside and outside cleaning and debris removal? n ■ n o Inspecting and exercising all valves? ■ ❑ n n Inspecting and lubricating pumps and other equipment? n ■ n n Inspecting alarms,telemetry and auxiliary equipment? ■ ❑ ❑ n Is there at least one spare pump for each pump station w/o pump reliability? ■ ❑ 0 n Are maintenance records for right-of-ways available? ■ n ❑ n Are right-of-ways currently accessible in the event of an emergency? ■ n n n Are system cleaning records available? ■ n n n Has at least 10%of system been cleaned annually? ■ n n n What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? ■ ❑ Does the plan include: 24-hour contact numbers ■ n n n Response time ■ n n n Equipment list and spare parts inventory ■ n n n Access to cleaning equipment ■ Access to construction crews,contractors,and/or engineers ■ ❑ ❑ n Source of emergency funds ■ n n n Site sanitation and cleanup materials ■ ❑ ❑ n Post-overflow/spill assessment ■ n n n Is a Spill Response Action Plan available for all personnel? ■ n n n Is the spare parts inventory adequate? ■ n n n Comment: More maintenance information could be included on the PS log sheets. Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ n n n Are records of SSOs that are under the reportable threshold available? ■ n n n Page: 5 Permit: WQCS00028 Owner-Facility: City of Morganton \ Inspection Date: 08/14/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine i Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ■ n n n If yes,is there a corrective action plan? ■ n n n Is a map of the system available? ■ n n ❑ Does the map include: Pipe sizes ■ n n n Pipe materials n ■ n n Pipe location ■ n n n Flow direction ■ n n n Approximate pipe age ■ n n n Number of service taps ■ ❑ n n Pump stations and capacity n ■ n n If no,what percent is complete? List any modifications and extensions that need to be added to the map Flow direction was not on the map the inspector reviewed,but it was indicated that there is an aerial that has flow direction. Pipe material is not indicated,smaller sections of the map can be generated to indicate material. The pump stations are shown but the capacity is not. i It was stated that the COG is still updating the map. #Does the permittee have a copy of their permit? ■ n Comment: . Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ■ n ❑ n Are public notices and proof of publication available? ■ n n n #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ n n rl #Is permittee compliant with all compliance schedules in the permits? ■ n n n If no,which one(s)? Comment: DOE RUN - Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ n n n Is it accessible in all weather conditions? ■ n ❑ n Page: 6 Permit: WQCS00028 Owner-Facility: City of Morganton Inspection Date: 08/14/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine #Is general housekeeping acceptable? ■ Are all pumps present? ■ n n n Are all pumps operable? 0 ■ n n Are wet wells free of excessive debris? ■ n n n Are upstream manholes free of excessive debris/signs of overflow? ■ fl fl rl Are floats/controls for pumps/alarms operable? ■ n n n Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present? ■ n n n Is simple telemetry operational? ■ n n 0 Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ■ n ❑ n Are backflow devices in place? n n n ■ Are backflow devices operable? n n ❑ ■ Are air relief valves in place? n n n ■ Are air relief valves operable? n n n ■ # Is an emergency generator available? ■ n n n Can the emergency generator run the pumps? ■ n n n Is the pump station equipped for quick hook-up? ■ n n 0 Is the generator operable? ■ n n n #Is fuel in tank and sufficient? ❑ n n ■ Is the generator inspected according to their schedule? ■ n n n Is a 24-hour notification sign posted? ■ n n n Does it include: Instructions for notification? ■ n n n Pump station identifier? ■ n ❑ n Emergency phone number ■ n n n Is public access limited? ■ n In n Is pump station free of overflow piping? ■ n n n Page: 7 Permit: WQCS00028 Owner-Facility: City of Morganton Inspection Date: 08/14/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine \ i Is the pump station free of signs of overflow? ■ n n n Are run times comparable for multiple pumps? -20 hrs difference Comment: City personnel stated one pump is not working. May log indicates-17 hours difference in run times. July log indicates pump#2 stopped working at the end of June. SILVER CRK- Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ El n n Is it accessible in all weather conditions? ■ n n n #Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? n ■ n n Are wet wells free of excessive debris? n n n ■ Are upstream manholes free of excessive debris/signs of overflow? n n n ■ - Are floats/controls for pumps/alarms operable? n n n ■ Is"auto polling"feature/SCADA present? n n ■ n Is"auto polling"feature/SCADA operational? In n ■ Is simple telemetry present? ■ n n n Is simple telemetry operational? n n n ■ Are audio and visual alarms present? ■ n n n Are audio and visual alarms operable? n ■ n n Is the Pump station inspected as required? ■ ❑ n n Are backflow devices in place? n n n ■ Are backflow devices operable? n n n ■ Are air relief valves in place? n n n ■ Are air relief valves operable? nnn ■ # Is an emergency generator available? ■ n n n Can the emergency generator run the pumps? ■ n n n Is the pump station equipped for quick hook-up? n n ■ n Is the generator operable? n n n ■ Page: 8 Permit: WQCS00028 Owner-Facility: City of Morganton Inspection Date: 08/14/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine #Is fuel in tank and sufficient? ❑ (1 ❑ ■ Is the generator inspected according to their schedule? ■ 0 ❑ 11 Is a 24-hour notification sign posted? ■ 11 0 fl Does it include: Instructions for notification? ■ 0 0 Cl Pump station identifier? ■ 1=1 fl fl Emergency phone number ■ n 0 Cl Is public access limited? ■ n ❑ n Is pump station free of overflow piping? ❑ 1=1 n ■ Is the pump station free of signs of overflow? ■ 13 11 Are run times comparable for multiple pumps? no Comment: This is the largest pump station; capacity stated as 3500 gpm. City personnel stated they believed the pumps to have been replaced -1998 and that the motors were recently reworked. The pump run times indicate there are problems with this pump which needs immediate attention. May's Total Run Time for Pump #1 was 79 hours. May's Total Run Time for Pump#2 was 388 hours. June's Total Run Time for Pump#1 was 1 hour. June's Total Run Time for Pump #2 was 388 hours. TURKEY TAIL - Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ Q 11 0 Is it accessible in all weather conditions? ■ 0 0 0 #Is general housekeeping acceptable? ■ ❑ ❑ 11 Are all pumps present? ■ 0 0 11 Are all pumps operable? n ■ o o Are wet wells free of excessive debris? ■ ❑ n Are upstream manholes free of excessive debris/signs of overflow? ■ n ❑ 0 Are floats/controls for pumps/alarms operable? ■ Q n n Page: 9 Permit: WQCS00028 Owner-Facility: City of Morganton Inspection Date: 08/14/2013 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Is"auto polling"feature/SCADA present? nn ■ n Is"auto polling"feature/SCADA operational? n n ■ n Is simple telemetry present? ■ n n n 1s simple telemetry operational? ■ n n n Are audio and visual alarms present? ■ Cl n n Are audio and visual alarms operable? n ■ n n Is the Pump station inspected as required? ■ n n n Are backflow devices in place? n n n ■ Are backflow devices operable? n n n ■ Are air relief valves in place? n n n ■ Are air relief valves operable? n n n ■ # Is an emergency generator available? ■ n n n Can the emergency generator run the pumps? ■ n n n Is the pump station equipped for quick hook-up? ■ n n n Is the generator operable? ■ n n n #Is fuel in tank and sufficient? n n n ■ Is the generator inspected according to their schedule? ■ n n n Is a 24-hour notification sign posted? ■ n n n Does it include: Instructions for notification? ■ n n n Pump station identifier? ■ n n n Emergency phone number ■ n n n Is public access limited? ■ n Cl n Is pump station free of overflow piping? ■ n n n Is the pump station free of signs of overflow? ■ n n n Are run times comparable for multiple pumps? no Comment: April log indicates —82 hours difference in run times, May log indicates —75 hours difference in run times, July log is incomplete but indicates differences in the run times. The alarm light is not illuminating. Page: 10 A l NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director September 10, 2013 Doug Wingate 16120 Chastain Road Odessa,Florida 33556 Subject: 401 Water Quality Certification -Approval Doug Wingate Shoreline Stabilization DWQ Project#2013-0926 Macon County LTN03 /Nantahala River [Nantahala Lake (Aquone Lake)] /2-57-(22.5)/Class B; Tr Dear Mr. Wingate: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. approval has been granted to place fill within or otherwise impact 0.004 acres of open waters for the purpose of "shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.004 (acres) Application Item 8.a. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 �11e Phone:828-296-45001 FAX:828-299-7043 1 Internet:www.ncwaterquality.org NorthCarollna :q&M IlrY An Equal Opportunity\Affirmative Action Employer Doug Wingate September 10,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at(828) 296-4657. Sincerely, for Thomas A. Reeder TAR/khb Enc: GC3898 Certificate of Completion cc: Bob Martin, Bob's Docks Post Office Box 304, Glenville,NC 28736 USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\S WP\Macon\401 s\Non-DOT\Wingate.Nantahala\APRVL.09-10-2013.doe ............_.... AR i1th NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 11, 2013 Ms. Kally Dotson White Oak Manor 188 Oscar Justice Road Rutherfordton, North Carolina 28139 Subject: NOTICE OF VIOLATION NOV-2013-LV-0623 Permit No. NCO030139 White Oak Manor- Rutherfordton WWTP Rutherford County Dear Ms. Dotson: A review of White Oak Manor- Rutherfordton's WWTP monitoring report for July 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 07/02/2013 400#/100ml 1,000#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action forthis and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files WQ Lab & Operations/ORC G:\WQ\SWP\Rutherford\Wastewater\Minors\White Oak Manor 30139\NOV-2013-LV-0523.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer �� �. . ��\�i � %, �"'� J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 11, 2013 Mr. Bob Schwebke RCS Properties 4501 Tynecastle Highway Banner Elk, North Carolina 28604 Subject: NOTICE OF VIOLATION NOV-2013-LV-0624 Permit No. NCO062961 Tynecastle WWTP Avery County Dear Mr. Schwebke: A review of Tynecastle WWTP's monitoring report for July 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 07/31/2013 400#/100ml 2,400#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files WQ Lab & Operations/ORC G:tWQ\SWP\Avery\Wastewater\MinorslTynecastle 629611NOV-2013-LV-0524.doc WATER QUALITY SECTION North Carolina Division of Water Resources —Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity!Affirmative Action Employer A ,. �_ �� ��` ,�, _ _ _ . __ AN! WA WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 11,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6551 Mr. Larry Callicutt Town of Bryson City P.O. Box 726 Bryson City,North Carolina 28713-0726 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO026557 Town of Bryson City Bryson City WWTP Case No. MV-2013-0010 Swain County Dear Mr. Callicutt: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$256.00 ($119.00 civil penalty+ $137.00 enforcement costs) against the Town of Bryson City. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Bryson City for the month of June 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0026557. The violations which occurred in June 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Bryson City violated the terms, conditions or requirements of NPDES Permit NCO026557 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the Town of Bryson City: WATER QUALITY SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S.Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500 FAX: (828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer $44.00 For 1 of the 1 failures to properly monitor TOTAL P- Cone in \, violation of NPDES Permit No.NC0026557. $75.00 For 1 of the 1 failures to properly monitor TOTAL N- Cone in violation of NPDES Permit No. NC0026557. $119.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $256.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. 1 Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Point Source Compliance/Enforcement Unit Division of Water Resources---Water Quality Section 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be ,miffed, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or aresult of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources---Water Quality Section 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR A 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five(5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone(919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources ; 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact me or Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson,P.G. Regional Supervisor Water Quality Section Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/attachments NPDES Point Source w/attachments WQ Central Files w/attachments S�iainlvasteEater. tunicii>al';[:3n-sc�n City�'U Ci'26 �?'.\4v?Oi3-i1010.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV-2013-0010 County: Swain Assessed Party: Town of Bryson City Permit No.: NC0026557 Amount Assessed: $256.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: �fE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SWAIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TOWN OF BRYSON CITY/ ) BRYSON CITY WWTP ) PERMIT NO.NCO026557 ) FILE NO. MV-2013-0010 Having been assessed civil penalties totaling$256.00 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 11, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE \� �� �� %I j__.,. W o 0 y m m z > Q T T Of E C c g > > O t > LL LL N Q Z O w > � O j e 0 W F'W J J� a U F � J 3 N W 0= rn m q E E Z ZW O U 0 0 o Q t� V- V a m I-- = o z w W y ; C m m m LL U HWm� � OF Cl) Cl) Q 3 Z m z ~ W O� o 0 Q U IL g W U U V W z d o a a tol< F a OF Oh m z O c c � v Q O LL J Fa o 0 m N O in ti = O O 2F O O OFC N N z LLI ro co Z O F- 'C 2 0 J. O o 0. O W � a �A,, w ff i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E Skvarla,III Governor Director Secretary September 11,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6520 Mr. A. Dale Owen Adventure Village WWTP 15 Adventure Ridge Road Brevard,North Carolina 28712 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0522 Adventure Village WWTP NPDES Permit No.NCO086223 Transylvania County Dear Mr. Owen: A review of the June 2013 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 06/30/2013 001 BOD 39.5 mg/1 30 mg/1 06/04/2013 001 Ammonia nitrogen 41 mg/1 28 mg/1 06/30/2013 001 Ammonia nitrogen 23.45 mg/1 5.6 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0086223. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2013 Discharge Monitoring Report. You will then be notified of any _civil penalties that may be assessed regarding the violations. If no response is received in this Office within ;,he 10-day period, a civil penalty assessment may be prepared. WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone (828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer Mr. A. Dale Owen September 11, 2013 ` Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch Cl:\ ()SW I i-ansviv,,i➢liltwasteC4c3tei11LIiiiors`:r"d eiitur ViII4,e 862/'5 NOV NRE'101 3-I, -Oi22,di3C NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E Skvarla,III Governor Director Secretary September 11, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6544 Mr. Aubrey L. Deaver A&D Water Service Inc. High Vista Falls WWTP P.O. Box 1407 Pisgah Forest,North Carolina 28768-1407 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LM-0051 High Vista Falls WWTP NPDES Permit No.NCO089095 Henderson County _ Dear Mr. Deaver: A review of the June 2013 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 06/06/2013 001 BOD 19 mg/1 15 mg/l 06/06/2013 001 Fecal coliform 600 #/ 100 ml 25 #/ 100 ml 06/20/2013 001 Fecal coliform 600 #/ 100 ml 25 #/ 100 ml 06/27/2013 001 Fecal coliform 92 41100 ml 25 #/ 100 ml 06/28/2013 001 Fecal coliform 27 41100 ml 25 #/ 100 ml 06/30/2013 001 Fecal coliform 70.88 #/ 100 ml 14#/ 100 ml Date Outfall Parameter Monitoring Frequency Violation 06/22/2012 001 Ammonia Weekly Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0089095. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be /­-tssessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer Mr. Aubrey L. Deaver September 11, 2013 Page Two writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office , cc: WQ Asheville Files WQ Central Files WQ Point Source Branch Ci.',W(,,)'.SWP He,,idersoii',Wasicsi,ater`'Miiic�rS.11ieli Vista Falls£909�,"'N(.)-NRF.:'t113-L,�9-00,t.cioc .KEi7i_ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E Skvarla,III Governor Director Secretary September 11, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6537 Mr. Dennis J. Whitson Harmony Estates WWTP 3800 Sugarhill Road Marion,North Carolina 28752 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0521 Harmony Estates WWTP NPDES Permit No.NCO079481 McDowell County Dear Mr. Whitson: A review of the June 2013 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 06/18/2013 001 BOD 52.8 mg/1 45 mg/1 06/18/2013 001 Fecal coliform 560 #/ 100 ml 400 #/ 100 ml 06/18/2013 001 Ammonia nitrogen 19.4 mg/1 10 mg/1 06/30/2013 001 Ammonia nitrogen 5.72 mg/1 2 mg/1 06/18/2013 001 TSS 48.3 mg/1 45 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO079481. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2013 Discharge Monitoring Report. You will then be notified of any WATER QUALITY SECTION North Carolina Division of Water Resources —Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer Mr. Dennis J. Whitson �y September 11, 2013 Page Two civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch iis1 ()'SL4`P\ 4c[�ow�eli•,�l'ast��b<rt�r.11it2ors.t-larmcsm•Estates 9481.N0V-\RE-2013-LV-0521.doc AiT4;T f� .rrrrr���� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 12, 2013 Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION NOV-2013-MV-0096 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: A review of The Switzerland Inn's WWTP monitoring report for June 2013 showed the following violations: Parameter Date Measuring Violation Frequency / \ Temperature, Water Deg. Centigrade 06/08/2013 2 X/week Failure to Monitor Temperature, Water Deg. Centigrade 06/15/2013 2 X/week Failure to Monitor Temperature, Water Deg. Centigrade 06/22/2013 2 X/week Failure to Monitor Temperature, Water Deg. Centigrade 06/29/2013 2 X/week TFailure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked"Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, G. Landon Davidson, P.G. Regional Supervisor cc: WQ Asheville Files Water Quality Section WQ Central Files i KACE Environmental/ORC G:\WQ\SWP1McDoweBlWastewater\MinorsiSwitzerland Inn 309961NOV-2013-MV-0096.doc WATER QUALITY SECTION North Carolina Division of Water Resources -Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer _A�14-9F NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director September 12, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6568 The Honorable Mel L. Cohen City of Morganton P.O. Box 3448 Morganton, North Carolina 28680 Subject: NOTICE OF VIOLATION NOV-2013-LV-0527 EMC-SOC-WQ-S10-005 Permit No. NCO026573 Catawba River Pollution Control WWTP Burke County Dear Mayor Cohen: On December 1, 2010, the Environmental Management Commission entered into the subject Special Order by Consent (SOC) whereby the subject WWTP was granted relaxed effluent limitations for BOD, TSS and Fecal Coliform from those imposed by the NPDES Permit, in exchange for Morganton's commitment to a schedule of wastewater treatment plant improvements that will return the WWTP to compliance with the terms of the NPDES Permit. The SOC contains provisions for the assessment of stipulated penalties when modified limits are exceeded or schedule dates are not met. A review of Catawba River Pollution Control Facility WWTP'smonitoring report for June 2013 showed the following violations: Parameter Date Interim Limit Reported Value Limit Type BOD 06/30/2013 60 mg/I 90.7 mg/I Monthly Average Exceeded BOD 06/15/2013 120 mg/I 165.6 mg/I Weekly Average Exceeded TSS 06/30/2013 70 mg/I 111.8 mg/I Monthly Average Exceeded-- TSS 06/15/2013 150 mg/I 212.8 mg/I Weekly Average Exceeded You are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to this violation. Section III of the SOC stipulates that a penalty in the amount of WATER QUALITY SECTION North Carolina Division of Water Resources—Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 2090 U.S. Highway 70, Swannanoa,N.C. 28778 www.ncwaterguality.orq An Equal Opportunity/Affirmative Action Employer Mayor Mel L. Cohen September 12, 2013 Page Two $1,000 be paid for noncompliance with any modified limit contained in the SOC. However, Section IV of the SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of the Catawba River Pollution Control WWTP. If you have information that will prove to the Division that any or all of the criteria set forth in Section IV have been met, you must submit this information in writing to the Asheville Regional Office within ten (10) days after receipt of this notice. In the absence of evidence justifying the application of the provision within Section IV, this Office will proceed with assessment of stipulated penalties as provided for in the SOC. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ-NPDES Asheville Files WQ-NPDES Central Files WQ-NPDES Point Source Branch i i G:1VIQtSWPIBurke\WastewaterNunicipal!Morganton WWTP 26573tNOV-2013-I_V-527-SOC.doc irY�r� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director September 13, 2013 Linville Land Harbor POA Attn: Mike Simpson 20 Land Harbor Plaza Newland,NC 28657 Subject: 401 Water Quality Certification—Approval Modification Project Name: Land Harbor—Linville River Bank Stabilization DWQ Project#2013-0794 Avery County Catawba River Basin/Linville River/ 11-29-(4.5)/B, Trout Dear Mr. Simpson: The Division of Water Resources is issuing this Approval Modification for your 401 Water Quality ertification associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 950 feet of streams for the purpose of stream bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3885. This Certification allows you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (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 Floodplain regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 950 (feet) Plan sheet 3a. WATER QUALITY SECTION North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer Linville Land Harbor POA September 13,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. , Additional Conditions: 1. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. 2. The stream is a Class B Trout Waters. In order to protect downstream uses for Class B Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Tim Fox in the Asheville Regional Office at (828) 296-4664. Sincerely, ;.---�- for Thomas A. Reeder TAR/trf Enc: GC3885 Certificate of Completion cc: JohnVillas-ENV Environmental Consulting Services, Inc USACE Asheville Regulatory Field Office WBSCP Unit-Central Office File Copy G:\WQ\SWP\Avery\401s\Non-DOT\Land Harbor Linville River Bank Stabilization\APRVL.401 Land Harbor.09-13-13.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E Skvarla,I.II Governor Director Secretary September 13,2013 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7012 1010.0002 1967 6582 Mr. Ed Nunez, Registered Agent Vista Developers, LLC Blacksmith Run WWTP 525 North Main Street Hendersonville,North Carolina 28792 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LM-0053 Blacksmith Run WWTP NPDES Permit No.NCO088056 Henderson County -Dear Mr.Nunez: A review of the June 2013 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 06/30/2013 001 Continuous Flow 7,251.6 MGD 0.089 MGD 15A NCAC 2B.0506 15A NCAC 2B.0506(b)(3)(G) (b)(3)(G)(H) Date Outfall Parameter Monitoring Frequency Violation 06/29/2013 001 Continuous Flow Continuous Failure to Monitor 06/30/2013 001 Continuous Flow Continuous Failure to Monitor 06/30/2013 001 Total Nitrogen Semi-Annually Failure to Monitor 06/30/2013 001 Total Phosphorus Semi-Annually Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0088056. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or _requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.ne.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer Mr. Ed Nunez September 13,2013 Page Two writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Dav>!, son, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch (i:'.t Q'iSWP'.l-lenderson'tWastee}ater.;R-linors'.Blacksmit.)Run 88056:NOV-NRL't013-L,M-005'.doc .... ..._.... ...... . ... . ........ Aj� NCDENR North Carolina Department of Environment and Natural Resources Division of Water:Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E Skvarla,III Governor Director Secretary September 13,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6575 Mr. Steve Sheets Linville Ridge Country Club Linville Ridge Country Club WWTP P.O. Box 704 Linville,North Carolina 28646 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0528 Linville Ridge Country Club WWTP NPDES Permit No.NCO062413 Avery County Dear Mr. Sheets: A review of the June 2013 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 06/06/2013 001 Ammonia nitrogen 15.9 mg/1 15 mg/1 06/30/2013 601 Ammonia nitrogen 7.8 mg/1 3 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0062413. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within `he 10-day period, a civil penalty assessment may be prepared. WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer Mr. Steve Sheets September 13, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch �i'.�1()Sth t'.�s-en:b1 a:,tc�tieatcr,"�linors..C.:i3��•illi:t�i�gei'ou»ty 'lul?h?-t(3:�t)t-�1R1=?()(:i-1.,V-Q*2f,.<loc � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 17, 2013 Richard Canipe Town of Spruce Pine PO Box 189 Spruce Pine, NC 28777 SUBJECT: Compliance Evaluation Inspection Spruce Pine WWTP Pretreatment Compliance Inspection Permit No: NCO021423 Mitchell County Dear Mr. Canipe: On August 20, 2013, 1 conducted a Compliance Evaluation Inspection of the Spruce Pine Wastewater Treatment Plant (WWTP). The WWTP was found to be in compliance with permit NC0021423. However, the overall facility rating is marginal since it is operating with elevated solids levels due to issues with the bar screen and sludge components. These issues need to be evaluated and resolved as soon as possible to avoid effluent limit violations. I also conducted a Pretreatment Compliance Inspection of the Spruce Pine Pretreatment Program. The program was found to be in compliance with applicable pretreatment regulations. Please be reminded that the Short Term Monitoring Plan (STMP) sampling should begin August 2014 with Head Works Analysis due 9/1/2015. The STMP data should be included on your Discharge Monitoring Reports (DMRs). The Industrial Waste Survey is due 5/1/2014. Please refer to the enclosed inspection reports for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosures: PCI Report, Compliance Report cc: Darrell Graham, ORC/Pretreatment Coordinator Central Files Asheville Files G7\Wry\..SWP\Mitchell\Wastewater\Municipal\21423 Spruce Pine WWTP\CEI.08-2013.doc ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone: (828)296-4500\FAX:828 299-7043 Naturally www.ncwaterouality.org �\ �,, 1 �. ' '�,; NORTH CAROLINA DIVISION OF WATER RESOURCES PRETREATMENT COMPLIANCE INSPECTION(PCI) REPORT .,&GROUND INFORMATION Control Authority(POTW)Name:_Spruce Pine 2. Control Authority Representative(s):_Darrell Graham 3. Title(s):_Pretreatment Coordinator/ORC 4. Last Inspection Date:_Sept 8 2011 Inspection Type(Check One): X PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? X YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES X 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 Il I N I Q 1 0 1 0 I 211 1 412 1 3 1 108 120 113 1 I P I LJ L1J (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 1 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 1 CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0 10.Number of SATs 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 SATs 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) 11 ,-14.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC 3.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 X 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 X 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: either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: 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? 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES x NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? X YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? X YES ❑NO Is LTMP/STMP Data Maintained in a Table or Equivalent? X YES ❑ NO Is Table Adequate? ❑YES ❑NO cr All LTMP/STMP effluent data reported on Discharge Monitoring Report? X YES❑NO DWQ 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? X YES NO If yes,which ones?Eliminated: Added: Silver,Cyanide 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 Prod, their files,complete with supporting documents and copy of PERCS Approval Letter,and dates consistent with Program Info Program Element Last Submittal Last Approval Date Next DL Date In file? Date In file If Applicable% Headworks Analysis WA) 1/5/2013 x Yes❑ No 5/20/2011 x Yes❑ No 9/1/2015 Industrial Waste Survey IWS) 3/11/2009 x Yes❑ No 7/15/2009 x Yes❑ No 5/1/2014 Sewer Use Ordinance SUO 4/2/2013 x Yes❑ No 4/22/2013 x Yes❑ No Enforcement Response Plan(ERP) 9/28/1994 x Yes❑ No 9/29/1997 x Yes❑ No Short Term Monitoring Plan(STMP) 3/29/1999 x Yes❑ No 3/30/1999 x Yes❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name 1.Bombardier I `- — 3. 30. IUP Number 001 -�� 31. Does File Contain Current Permit? X Yes 707KO 0 Yes ❑ No ❑Yes ❑ No 32. Permit Expiration Date F 9/30/2015 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 464,43 3�--��— 1 34. Does File Contain Permit Application Completed Within One Year Prior X Yes ❑ K91 ❑Yes ❑ _T9 ❑Yes ❑ No to Permit Issue Date? 11 35. Does File Contain an Inspection Completed Within Last Calendar Year? X Yes ❑ _No`_Jj ❑Yes ❑ No ❑Yes ❑ No� 36. a.Does the File Contain aSlug/Spill Control Plan? a.XYes []N Ira. ❑Yes ❑No a. ❑Yes []No b.If No,is One Needed?(See Inspection Form from POTW) I b. ❑Yes❑No b. ❑Yes❑No b. ❑Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑NoXN/A IP Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 38. a.Does File Contain Original Permit Review Letter from the Division? a.xYes ❑No 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 X Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No its Sampling as Required by IUP,including flow? F 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? I X Yes l Yes ❑ No —[:]Yes ❑ No`-.> 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its XYes❑No❑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 XYes❑No❑N/A ❑Yes❑No❑N/A [70Yes;05N_o0N/A on time? 42a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑NoXN/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 XYes❑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 XYes ❑ 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 XYes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Re ortin Non-Compliance from SIU Sampling? 44. a.Was the POTW Notified by SILT(Within 24 Hours)of All Self a.❑Yes❑NoxN/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 SILT? c.❑Yes❑No❑NSA c.❑Yes❑No❑N/A 46. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes X No ❑Yes ❑ No ❑Yes ❑ No 47. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑NoXN/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? *March 2012* XYes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 49. Does The File Contain Proof Of Penalty Collection? *Per Richard* r XYes No❑N/A r❑Yes❑No❑N/A ❑Yes❑No❑N/A 50. a.Does the File Contain Any Current Enforcement Orders? a.❑YesXNo❑N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A f b.Is SIU in Compliance with Order? b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A I' 51. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes X No ❑Yes ❑ No ❑Yes ❑ No Requested Information For You? *Except 49* NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 ,✓COMMENTS: INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type N I � I I l LLj J S 1 L_2__l (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? X YES ❑NO 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview X YES ❑NO B. Plant Tour X YES ❑NO C. Pretreatment Tour X YES ❑NO D. Sampling Review X YES ❑NO E. Exit Interview X YES ❑NO .tustrial Inspection Comments: This was a PCI and therefore the industry was not visited. However, a review of the SUI inspection forms were reviewed and is reflected above in#6 A-E. OVERALL SUMMARY AND COMMENTS: Comments: Previous PARS and inspections mention the Bombardier treatment unit in need of upgrade. Construction of the chrome conversion(#2)unit is scheduled for December 2013. Requirements: Recommendations: NOD: ❑ YES X NO NOV: ❑ YES X NO QNCR: ❑YES ❑NO ITW Rating Satisfactory X Marginal UnSatisfactory PCI COMPLETED BY: Linda Wings ;; _ DATE: 8/20/2013 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 /'-'� Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 151 31 NCO021423 111 121 13/08/20 117 18I C I 191S1 20I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved-------------------- 67I 169 70121 71 I I 72I N I 73I ' 74 751 I I I I I I 1 80 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 WWTP 10:00 AM 13/08/20 11/03/01 909 Creed Pitman Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 12:00 PM 13/08/20 16/02/28 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 Richard Canipe,PO Box 189 Spruce Pine NC 28777//704-765-3000/ ContactedYes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 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 Linda S Wiggs / ARO WQ//828-296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date TC EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3) NC0021.423 I11 12I 13/08/20 117 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Issues at the bar screen and the sludge areas are causing the plant to operate with elevated solids. The bar screen operates poorly and is in need of repair or replacement. Mechanical components (motor, shaft) associated with the oxidation ditch are needed. Sludge operations have been compromised due to chemicals. During a phone conversation on September 9, 2013, with Richard Canipe (Town Manager), he stated that the town has employed a consultant to evaluate options for the bar screen. The parts needed for the oxidation ditch have either been ordered or are onsite already, and they are working with the chemical company to resolve the sludge problems. Page# 2 Permit: NCO021423 Owner-Facility: Spruce Pine WWTP Inspection Date: 08/20/2013 Inspection Type: Compliance Evaluation Operations $Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n Q Cl Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ fl n 0 Judge, and other that are applicable? Comment: The week of the inspection the MLSS was running around 8,800. The facility generally runs around 4,000-5,000. The ORC is working to get numbers back down. Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical ■ Are the bars adequately screening debris? n ■ ❑ 0 Is the screen free of excessive debris? ❑ ■ n 0 Is disposal of screening in compliance? ■ Cl 0 0 Is the unit in good condition? n ■ 0 n Comment: The bar screen is the initial line of defense for solid matter. It was reported that this bar screen has never worked very well. On the day of the inspection its operation appeared minimal at best. Grit Removal Yes No NA NE Type of grit removal a.Manual n b.Mechanical ■ Is the grit free of excessive organic matter? ■ ❑ f=1 0 Is the grit free of excessive odor? ■ 0 11-1 n #Is disposal of grit in compliance? ■ 0 ❑ 0 Comment: Oxidation Ditches Yes No NA NE Are the aerators operational? ■ fl fl Are the aerators free of excessive solids build up? ■ 0 ❑ 0 #Is the foam the proper color for the treatment process? ■ ❑ 0 n Does the foam cover less than 25%of the basin's surface? ■ ❑ Q 0 Is the DO level acceptable? ■ 0 n Q Page# 3 Permit: NCO021423 Owner-Facility: Spruce Pine WWTP Inspection Date: 08/20/2013 Inspection Type: Compliance Evaluation i Oxidation Ditches Yes No NA NE J' Are settleometer results acceptable(>30 minutes)? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n ■ n n Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) n ■ n Comment: #3 ring shaft gear broke a couple weeks ago. ORC stated due to low temperatures operational issues have not been noted. D.O. in ring 3 is between 0.15-0.24 mg/l. The ORC states the low D.O. is not causing problems. Solids are elevated at 960 ml/1 according to settleometer test. ORC states the elevated MLSS and solids numbers are due in part to sludge operations having polymer issues but also because of the failing bar screen operations. 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 Cl I_l Are weirs level? ■ ❑ n n Is the site free of weir blockage? ■ ❑ n n ■ n Is the site free of evidence of short-circuiting? nn ! / Is scum removal adequate? ■ 1­1 n (_1 Is the site free of excessive floating sludge? ■ n n ❑ Is the drive unit operational? ■ n n n Is the return rate acceptable(low turbulence)? ❑ ❑ 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-Gas Yes No NA NE Are cylinders secured adequately? ■ n Are cylinders protected from direct sunlight? ■ n n n Is there adequate reserve supply of disinfectant? n n n ■ Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? ❑ n n ■ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? n n ■ n Page# 4 Permit: NCO021423 Owner-Facility: Spruce Pine WWTP Inspection Date: 08/20/2013 Inspection Type: Compliance Evaluation Disinfection-Gas Yes No NA NE If yes,then is there a Risk Management Plan on site? n n ■ n If yes,then what is the EPA twelve digit ID Number?(1000- - ) If yes,then when was the RMP last updated? Comment: De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? ■ 0 0 0 Is storage appropriate for cylinders? ■ n 0 0 #Is de-chlorination substance stored away from chlorine containers? ■ n Comment: Are the tablets the proper size and type? In o ■ o Are tablet de-chlorinators operational? n n ■ n Number of tubes in use? Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n In Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ 0 n ❑ Was generator tested&operational during the inspection? 0 0 n ■ Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ In n n Is the generator fuel level monitored? ■ ❑ fl 0 Comment: Page# 5 ��_.. \. �� `��.;�1 __ _. AA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E Skvarla,III Governor Director Secretary September 18,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6605 Mr. A. Dale Owen Adventure Village WWTP 15 Adventure Ridge Road Brevard,North Carolina 28712 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0535 Adventure Village WWTP NPDES Permit No.NCO086223 Transylvania County Dear Mr. Owen: A review of the July 2013 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 07/02/2013 001 Fecal coliform 760#/ 100 ml 400 #/ 100 ml 07/31/2013 001 Ammonia Nitrogen 8.1 mg/1 5.6 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0086223. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within 'the 10-day period, a civil penalty assessment may be prepared. WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)2964500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer Mr. A. Dale Owen September 18, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch Ci:`.W()`•.Stit'.E'`•"[iansyl�ani j`.lh`aste ater,141iners` �d�enture Village 86223'�NOV-ti[ZE-201.3-1..V-o53.�.doC � AFAA L NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E Skvarla,III Governor . Director Secretary September 18,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6612 Mr. Charles Vines Town of Bakersville Bakersville WWTP P.O. Box 53 Bakersville,North Carolina 28705 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-NW-0097 Bakersville WWTP NPDES Permit No. NCO025461 Mitchell County Dear Mr. Vines: A review of the June 2013 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Monitoring Frequency Violation 06/30/2013 001 Total Nitrogen Semi-Annually Failure to Monitor 06/30/2013 001 Total Phosphorus Semi-Annually Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0025461. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2013 Discharge Monitoring Report. You will then be notified of any Avil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Intemet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer Mr. Charles Vines September 18, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, w�a G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch G:,W"Q`51�'P;NittchclPbi`ate�,ater:i�4tu�icipal2;461 F3Sjkers�i;Ic"NC)b \RF.,'-201:;-�1V-{7t)97.doc �`�-'' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Jahn E.Skvarla, III Governor Director Secretary September 18, 2013 Bonar Jeremy Nauert 1301 Sand Hill Rd Enka, NC 28728 SUBJECT: Compliance Evaluation Inspection Bonar Non-Contact Cooling Water Permit No: NCG500608 Buncombe County Dear Mr. Nauert: On September 4, 2013, 1 conducted an inspection at the Bonar facility in Enka NC. Present during the inspection were Landon Davidson with the Division of Water Resources, Ben Farmer and Earl Cheatham with Bonar, and Dan March with Pisgah Environmental Services. The facility has a General Wastewater Permit (NCG500608) for the discharge of Non Contact Cooling water into waters of the State. However, it was reported during the inspection that Bonar is not discharging this water into the nearby receiving stream, but into the Metropolitan Sewerage District (MSD) sewer system. Therefore, the subject permit is not needed and it is suggested that Bonar rescind this permit. To rescind this permit simply send me (Linda.Wiggs(&-ncdenr..qov) and Bob Sledge (Bob.SledgeCcD-ncdenr.gov) with the Central Office permitting staff an email stating the permit is no longer needed by Bonar. I will confer with Bob Sledge there is no longer a discharge and the permit can be rescinded. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: Central Files CEPU-Bob Sledge Asheville Files G:\WQ\SWP\Buncombe\Wastewater\General\Non-contact NCG50\Colbond Bonar\CE1.09-20131tr.doc Water Quality Section—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043 �aturalll,�Internet:www.ncwaterguality.org �_ '_ �fJ United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCG500608 111 121 13/09/04 117 18I C I 19I s I 20I I Remarks 21111111111111III111111111111I11111111 IIIIIIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA --------------------------Reserved------------------- 67I 169 70I I 71 I I 721 N I 73 L_U 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Boner 10:00 AM 13/09/04 12/08/01 1301 Sand Hill Rd Exit Time/Date Permit Expiration Date Enka NC 28728 12:00 PM 13/09/04 15/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Jeremy Nauert,1301 Sand Hill Rd Enka NC 28728//828-665-5089/8286655002 ContactedYes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance Records/Reports 0 Self-Monitoring Program Facility Site Review Pretreatment .Effluent/Receiving Waters N Storm Water 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 Linda S Wiggs ARO WQH828-296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date TQ- EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 A NPDES yr/mo/day Inspection Type (cont.) A� 3 NCG500608 111 12I 13/09/04 1 y 18�CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) �- Present during the inspection were Landon Davidson (Division of Water Resources), Ben Farmer and Earl Cheatham (Bonar), and Daniel March (Pisgah Environmental Services). With the assistance of Mr. March, Bonar personnel attempted to delineate historic pipelines, their contents, point of origin and endpoint. Their evaluation determined all pipes that carry any type of wastewater go to the onsite lift station for discharge to the Metropolitan Sewerage District (MSD) line. The content of these lines is comingled industrial process wastewater, domestic wastewater, non-contact cooling wastewater, along with ground water infiltration and stormwater inflows (I & 1). If indeed all wastewater from this facility is discharged to MSD and not to waters of the State,then it is not necessary to maintain wastewater permit coverage. The current water quality permit(NCG500608) held by Bonar is a General Wastewater Permit specifically for the discharge of Non-Contact Cooling wastewater to waters of the State. No other wastewater(i.e. industrial process wastewater, domestic wastewater) can legally be discharged with this General Permit. Therefore, the comingled wastewater mentioned above is not allowed to be discharged to waters of the State under this permit, under any circumstances. Bonar would have to apply for an Individual Wastewater Permit if they wanted to discharge those wastewaters to the stream. This site has been down this road historically and had gotten out of the wastewater business when it disassembled/closed out its wastewater treatment units. If you want to discharge under the current General Wastewater Permit you will have to separate out the Non-Contact Cooling water from other wastewater, analyze that water for compliance with the Effluent Limitations in Part I A.(1), and submit up to date Biocide/Chemical Treatment work sheets for each chemical *, used. Given that Bonar is discharging to the MSD system and not to waters of the State, it is suggested Bonar request the General Wastewater Permit(NCG500608) be rescinded. Page# 2 Permit: NCG500608 Owner-Facility: Bonar Inspection Date: 09/04/2013 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge n ■ n n Judge,and other that are applicable? Comment: Outside the facility was visited, inside was not. See summary. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ o Is the facility as described in the permit? n Cl ■ #Are there any special conditions for the permit? n ■ Cl 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 facility currently holds a General Permit for Non-Contact Cooling Water(NCG500608). There are no other water quality permits at this time. Historically there was an NPDES Individual Wastewater Permit (NC0000299)associated with their industrial process wastewater. That permit was rescinded in 2002 when wastewater was pumped to MSD via a lift station. MSD PRETREATMENT NOTE: MSD maintains contact with this facility under their local permits, but does not have Bonar as a SIU/CIU. Page# 3 A wAr, . Via NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 18, 2013 Mayor Brian Reese Town of Hot Springs PO Box 218 Hot Springs NC 28743-0218 SUBJECT: Compliance Evaluation Inspection Hot Springs WWTP Permit No: NCO025836 Madison County Dear. Mayor Reese : Enclosed please find a copy of the compliance evaluation inspection conducted on July 23, 2013. No violations of permit conditions or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. SincerelyWel Jeff Men Environmental Specialist Enclosure cc: Randy A Joseph, ORC Central Files Asheville Files Water Quality Section—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NOrthCarolina Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwateraualitv.org �/a�VRtutg//� l G:\WQ\SWP\Madison\Wastewater\Municipal\Hot Springs WWTP 25836\25836 CEI 2013.doc �� /�� I� /��', United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 1 N I 2 151 31 NCO025836 111 121 13/07/23 117 181 Cl 19I S I 201 1 Remarks 211111111111111111 1111111I II I I I III I III II II I1111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------------Reserved--------------------- 671 1 69 701 1 71( 1 721 N I 73 LJJ 74 751 1 1 1 1 1 1 1 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Hot Springs WWTP 09:00 AM 13/07/23 10/10/01 Bridge St Exit Time/Date Permit Expiration Date Hot Springs NC 28743 11:00 AM 13/07/23 15/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Randy A Joseph/ORC/828-622-7550/ Name,Address of Responsible Official/Title/Phone and Fax Number Randy A Joseph,PO Box 218 Hot Springs NC 287430218//828-622-7408/ ContactedYes - Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance 0 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( )of Inspe tor(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Managerne 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 3 NC0025836 (11 12, 13/07/23 1 1 7 18�C� Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) According to the operator the starters on the blower motors are old and should be replaced soon. The flow meter was calibrated on 6/6/13. The effluent weir plate is starting to rust out on the sides and will need to be replaced soon. The facility should keep spare pump tubing on hand at all times. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO025836 Owner-Facility: Hot Springs WWTP Inspection Date: 07/23/2013 Inspection Type: Compliance Evaluation Operations$Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ n n Judge,and other that are applicable? Comment: According to the operator the starters on the blower motors are old and should be replaced soon. 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? ❑ 0 ■ 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: 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 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 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? ■ 0 n n Is the site free of evidence of short-circuiting? ■ ❑ n Cl Is scum removal adequate? ■ n n n Page# 3 Permit: NC0025836 Owner-Facility: Hot springs WWTP Inspection Date: 07/23/2013 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? ❑ o ■ o 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: 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 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 , Is the flow meter operational? ■ n ❑ n �I (If units are separated)Does the chart recorder match the flow meter? n n ■ n Comment: The flow meter was calibrated on 6/6/13. The effluent weir plate is starting to rust out on the sides and will need to be replaced soon. The facility should keep spare pump tubing on hand at all times. Page# 4 WNW North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E.Skvarla, III Governor Director Secretary September 18, 2013 Mr. Robert J. Boyette, City Manager City of Marion P.O. Drawer 700 Marion, North Carolina 28752 SUBJECT: Compliance Sampling Inspection Corpening Creek VW TP Permit No: NCO031879 McDowell County Dear Mr. Boyette: Enclosed please find a copy of the compliance sampling inspection conducted on August 6, 2013. No violations of permit conditions or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, AK Jeff Menz Environmental Specialist Enclosure cc: Larry Dean Carver, ORC Central Files Asheville Files Water Quality Section ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolliina Phone:(828)296-4500\FAX:828 299-7043 �gtuta[[� Internet:www.ncwaterguality.ora G:\WQ\SWP\McDowell\Wastewater\Municipal\Corpening Creek WWTP 31879\31879 CSI 2013.doc �. ��.... ���\ l I �:.:i United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water C Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 151 31 NCO031879 111 121 13/08/06 117 18I S I 19I S I 20III Remarks 211111IIIIIIII Iill IIIIIIII IIIIIIIIIIIIIIII IIII1Li6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved--------------------- 67I 169 70I I 71 I I 721 N I 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Corpening Creek WWTP 09:00 AM 13/08/06 11/12/01 3982 NC Hwy 226 S Exit Time/Date Permit Expiration Date Marion NC 28752 10:00 AM 13/08/06 15/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Larry Dean Carver/ORC/828-652-8843/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted _ Larry Carver,PO Box 700 Marion NC 28752//828-652-8843/8286591943 Yes - Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance Self-Monitoring Program 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel /a ARO WQ//828-296 4500/ v F't( �3 Signature o anagement 0 viewer Agency/Office/Phone and Fax Numbers pate EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 11 12 17 181S, \ NCO031879 I , 13/08/06 1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This was a sampling inspection; all parameters sampled were found to be in compliance with permit limits. The results are as follows; Fecal Coliform <10 CFU/100mis BOD 3mg/L TSS 6.2 mg/L No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO031879 Owner-Facility: Corpening Creek WWTP Inspection Date: 08/06/2013 Inspection Type: Compliance Sampling - Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Cl n n Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ Q ❑ 0 Judge,and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ 0 n 0 Is sample collected below all treatment units? ■ n n n Is proper volume collected? ■ n n n Is the tubing clean? ■ 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# 3 L_.. ��, �� ---� �, NcaENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvaria, III Governor Thomas A. Reeder Secretary Director September 18, 2013 Travis Sinclair Duke Energy Carolinas, LLC Post Office Box 1007 Charlotte,North Carolina 28201 Subject: 401 Water Quality Certification -Approval Franklin Dam Canoe Portage DWQ Project#2007-1472, Ver. 2 Macon County LTNO1 /Little Tennessee River(Lake Emory)/2-(1)/Class C Dear Mr. Sinclair: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.001 acres of open waters for the purpose of Boating access at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Waters 0.001 (acres) Application Item C. 4. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Ode Phone:828-296-45001 FAX:828-299-7043 NQt thCa141111a Internet:www.ncwaterquality.orgltlll'R �� An Equal Opportunity\Affirmative Action Employer ll Duke Energy Carolinas,LLC September 18,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828)296-4657. Sincerely, for Thomas A. Reeder TAR/khb Enc: GC3898 Certificate of Completion cc: Wilson Hunter, Davis and Floyd 1319 Highway 72/221 East, Greenwood, SC 29649 David McHenry,NC Wildlife Resources Commission David Brown, USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\SWP\Macon\401s\Non-DOT\Duke.FERC.Franklin Dam\Aprv1.09-18-2013.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director September 18, 2013 - - Travis Sinclair Duke Energy Carolinas, LLC Post Office Box 1007 Charlotte,North Carolina 28201 Subject: 401 Water Quality Certification-Approval Lake Emory Access Area DWQ Project#2007-1474, Ver. 2 Macon County LTN01 /Little Tennessee River(Lake Emory)/2-(1)/Class C Dear Mr. Sinclair: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.0521 acres of open waters for the purpose of Boating access at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.0521 (acres) Application Item C. 4. Location:2090 U.S.Highway 70,Swannanoa;North Carolina 28778 one t. 1 Phone:828-296-45001 FAX:828-299-7043 NOrtllCc 01111a Internet:www.ncwaterquality.org i An Equal Opportunity 1 Affirmative Action Employer Duke Energy Carolinas,LLC \ September 18,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828) 296-4657. Sincerely, for Thomas A. Reeder TAR/khb Enc: GC3898 Certificate of Completion cc: Wilson Hunter, Davis and Floyd 1319 Highway 72/221 East, Greenwood, SC 29649 David McHenry,NC Wildlife Resources Commission David Brown,USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\S WP\Macon\401 s\Non-DOT\Duke.Ferc.Emory\Aprvl.09-18-2013.doc 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director September 18, 2013 Travis Sinclair Duke Energy Carolinas, LLC Post Office Box 1007 Charlotte,North Carolina 28201 Subject: 401 Water Quality Certification -Approval Mission Dam Access Area DWQ Project#2007-1474, Ver. 2 Clay County HIW01 /Hiawassee River(Mission Reservoir)/ 1-(16.5)/Class WS-IV Dear Mr. Sinclair: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. 'Approval has been granted to place fill within or otherwise impact 25 linear feet of streams for the purpose of Boating access at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control 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 Streams 25 (linear feet) Application Item C. 3. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 NOrt�1Ca1OI1Ila Internet:www.ncwaterquality.org 1111 Mirally An Equal Opportunity 1 Affirmative Action Employer Duke Energy Carolinas,LLC September 18,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828) 296-4657. Sincerely, for Thomas A. Reeder TAR/khb Enc: GC3898 Certificate of Completion cc: Wilson Hunter, Davis and Floyd 1319 Highway 72/221 East, Greenwood, SC 29649 David McHenry,NC Wildlife Resources Commission David Brown,USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\S WP\Clay\401 s\Non-DOT\Duke.MissionDam\Aprvl.09-18-2013.doc `y`Y �T iirwr��w��A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 19, 2013 President, Riverwind HOA, Inc. Riverwind Homeowners Association Inc. 30 Riverwind Drive Hendersonville, North Carolina 28739 Subject: NOTICE OF VIOLATION NOV-2013-LV-0537 Permit No. NCO076708 Riverwind Mobile Home Park WWTP Henderson County Dear Sir/Madam: A review of Riverwind Mobile Home Park's WWTP monitoring report for June 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 06/05/2013 400#/100ml 2,420#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerel G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files Goldie &Associates/ORC G:\WQ\SWP\Henderson\Wastewater\Minors\Riverwind HOA 76708\NOV-2013-LV-0537.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer �_ '';� i' �, __ &74L) e� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 19, 2013 Mr. Eliot Godfrey McDowell County Adult Care LLC P.O. Box 1690 Little River, South Carolina 29566 Subject: NOTICE OF VIOLATION NOV-2013-MV-0098 Permit No. NCO035157 Cedarbrook Residential Center WWTP McDowell County Dear Mr. Godfrey: A review of Cedarbrook Residential Center's WWTP monitoring report for June 2013 showed the following violation: Parameter Date Measuring Frequency Violation Chlorine, Total Residual Week ending 2 X/Week Failure to Monitor 06/29/2013 It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, f Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files KACE Environmental/ORC G:\WQ\SWP'%McDowell\Wastewater\Minors\Cedarbrook Residential Center 35157\NOV-2013-HIV-0098.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer _- r� -' '���' fL...,.,,. WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E.Skvarla, III Governor Director Secretary September 19, 2013 Mr. Robert J. Boyette, City Manager City of Marion P.O. Drawer 700 Marion, North Carolina 28752 SUBJECT: Bioassay Compliance Inspection Corpening Creek WWTP Permit No: NCO031879 McDowell County Dear Mr. Boyette: Enclosed please find a copy of the bioassay compliance inspection conducted on Auqust 8, 2013. The aquatic toxicity test using 24-hour flow proportional composite samples of effluent discharged from Marion Corpening Creek WWTP has been completed. The test using these samples resulted in a pass. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Larry Dean Carver, ORC Central Files Asheville Files Water Quality Section—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Noe Carolina Phone:(828)296-4500\FAX:828 299-7043 G' �tut'Q[[� Internet:www.ncwaterauality.oro G:\WQ\SWP\McDowell\Wastewater\Municipal\Corpening Creek WWTP 31879\31879 BCI 2013.doc �\� �' `f,' United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 i 5 I 31 NCO031879 111 121 13/08/08 117 18I B I 19I S I 201 1 Remarks 211IIIIIIIIIIIIIII IIIIIIIIIIII II111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------—----------Reserved-------------------- 67) 169 70131 71 I D I 72)N I 73 L U 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 13/08/08 11/12/01 Corpening Creek WWTP 3982 NC Hwy 226 S Exit Time/Date Permit Expiration Date Marion NC 28752 10:00 AM 13/08/08 15/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Larry Dean Carver/ORC/828-652-8843/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Larry Carver,PO Box 700 Marion NC 28752//828-652-8843/8286591943 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 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 Ins ctor(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ / (� Signature of ManageTaqQA Revie er Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 A NPDES yr/mo/day Inspection Type (cont 3 N C0031879 111 12 I 13/08/08 117 18(B' . Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The aquatic toxicity test using 24-hour flow propotional composite samples of effluent discharges from Marion Corpening Creek WWTP has been completed. Marion Corpening Creek WWTP is permitted to discharge 3 million gallons per day into Corpening Creek. Whole effluent samples were collected on August 6th and 8th by Jeff Menzel and facility representatives Larry Carver and Lee Estes for use in a chronic Ceriodaphnia dubia pass-fail toxicity test._.The test using these samples resulted in a pass. Test information follows; Test Concentrations 67% Test Result Pass Control Survival 100% Control Mean Reproduction 30.6 neonates Test Treatment Survival 100% Treatment Mean Reproduction 38.3 neonates Test results for the samples indicate that the effluent would not be predicted to have water quality impacts on receiving waters. These samples were split and sent to Environmental Testing Solutions, Inc. Their test also resulted in a pass. Page# 2 Permit: NC0031879 Owner-Facility: Corpening Creek WWTP Inspection Date: 08/08/2013 Inspection Type: Bioassay Compliance 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 o ■ o Comment: Page# 3 A �:_ ,' �. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 20, 2013 Mr. Joseph M. Moore, II, E P City of Brevard 95 West Main Street Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION NOV-2013-LV-0640 Permit No. NCO060534 Brevard WWTP Transylvania County Dear Mr. Moore: A review of Brevard WWTP's monitoring report for June 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 06/30/2013 30 mg/1 32.72 mg/I Monthly Average Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, G. Lan Davidson, P Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files G:,WQtSWP,Transylvania,Wastewater\Municipa118revard WWTP 60534tNOV-2013-LV-0540.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer �i' WNW North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 20, 2013 Sam Greenwood Town of Franklin PO Box 1479 Franklin NC 28744 1479 SUBJECT: Pretreatment Audit Inspection Franklin WWTP Permit No: NCO021547 Macon County Dear Mr. Greenwood : Enclosed please find a copy of the Pretreatment Audit Inspection Report from the inspection, which I conducted of the Town's approved modified pretreatment program on September 5, 2013. As a portion of the inspection, the Town's Pretreatment Annual Report was also reviewed. The Program was found to be in Compliance with permit NCO021547 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Bill Deal 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. Sincerely, Jeff Menze Environmental Specialist Enclosure cc: Wayne Medford Price, ORC Central Files Asheville Files Water Quality Section—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa, NC 28778 NofffiCarolina Phone:(828)296-4500\FAX:828 299-7043 � Internet:www.ncwaterguality.org V�ur,VL` G:\WQ\SWP\Macon\Wastewater\Municipal\Franklin WWTP 21547\PAI Itr 2013.doc �= �1 ,-'.� 'tV i __ ___ NORTH CAROLINA DIVISION OF WATER QUALITY ,XENR PRETREATMENT AUDIT REPORT . NR ..ckground Information [Complete prior to audit; review Program Info Database Sheet(s)] 1. Control Authority(POTW)Name: Town of Franklin 2. Control Authority Representative(s): Wayne Price/Bill Deal 3. Title(s):Pretreatment Coordinator 4. Address of POTW: Mailing 188 West Main Street City Franklin Zip Code 28734 Phone Number 828-524-4492 Fax Number E-Mail 5. Audit Date 09/05/2013 6. Last Inspection Date:06/28/2011 Inspection Type: ❑PCI M Audit 7. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ❑Yes ❑ No If No,Explain.Not Applicable 8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? M Yes ❑ No If Yes,Explain. Minor limit violations 9. Is POTW under an Order That Includes Pretreatment Conditions? ❑Yes M No Order Type and Number: Are Milestone Dates Being Met? ❑ Yes ❑ No ❑ NA Parameters Covered Under Order PCS(WENDB)Coding Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type L�tI INICI0I0I2I1 I5 14 I7 I I9 I05I13I bal (DTIA) (TYPI) (INSP) (FACC) 10. ,Current Number of Significant Industrial Users(SIUS)? 2 SILTS ...................I............. .11.. Current.Number of Categorical Industrial Users(CIUS)? 0 CIUS ................................. 12. Number of SIUs Not Inspected.by POTW in Last Calendar Year? 0 ............................................................................................................................................................... ................................. 13. Number of SIUs Not Sampled by POTW in Last Calendar Year? 0 ................................................................................................................................................................ ....................... 14. Enter Higher Number of 12 or 13 0 NOIN ........................... . ........................................................................................................................................................................................................................................................... ................................. 15. Number of SIUs with No IUP,.or,with an.Expired IUP................................................................................................................................. 0 NOCM .. .................................................................................. ................................. 16. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of Last 2 0 PSNC Semi-Annual Periods(Total Number of SIUs in SNC) ...................................................................................................................................................................................................................................................................................................... ............................... 17. Number of SIUs in SNC for Reporting-During Either of Last.2 Semi-Annual Periods 0 MSNC .......................................................................................................... ................................. 18.. Number of SIUs in SNC for Limits Violations During.Either of.Last 2 Semi-Annual Periods 1 SNPS ................................. 19. Number of SIUs in SNC for Both Reporting and Limits Violations During Either of Last 2 0 Semi-Annual Periods ?0. Number of SIUs in SNC for Self-Monitoring Requirements that were Not Inspected orSampled 0 SNIN NC DWQ Pretreatment Audit Form Revised: July 25.2007 Page 1 21. PRETREATMENT PROGRAM ELEMENTS REVIEW- Review POTW files, verify POTW has copy Element in their File,complete with all su orting documents and PERCS A roval Letter,and dates consistent with Pro ,, Program Element Last Submittal Last Approval Date Nev, Date In file? Date In file If A licab,. Headworks Analysis(HWA) 02/07/13 ®Yes❑ No 3/21/13 ®Yes❑ No 2/07/16 Industrial Waste Survey(IWS) 03/03/09 ®Yes❑ No 03/19/09 ®Yes ❑ No 04/01/14 Sewer Use Ordinance(SUO) 12/27/12 ®Yes❑ No 01/02/13 ®Yes ❑ No Enforcement Response Plan(ERP) 12/14/05 ®Yes❑ No 01/04/06 ®Yes❑ No Long Term Monitoring Plan(LTMP) 02/07/13 ®Yes ❑ No ❑Yes❑ No 02/07/13 Legal Authority(Sewer Use Ordinance-SUO) 22. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction? ❑Yes® No If yes,Please list these towns and/or areas. 23. If yes to#22,Do you have current Interjurisdictional Agreements(IJAs)or other Contracts? ❑Yes❑ No ®NA A copy,if not already submitted,should be sent to Division. 24. If yes to#22,Have you had any trouble working with these towns or districts? ❑Yes❑ No ®NA If yes,Explain. 25. Date of Last SUO Adoption by Local Council 12/27/12 26. Have you had any problems interpreting or enforcing any part of the SUO? ❑Yes® No If yes,Explain. Enforcement(Enforcement Response Plan-ERP) 27. Did you send a copy of the ERP to your industries? ®Yes ❑ No If no,POTW must send copy within 30 days. ? 28. Have you had any problems interpreting or enforcing any part of the ERP(i.e.any adjudication,improper enforcement,etc? ❑Yes ® No If yes,Explain. 29. List Industries under a Schedule or Order and Type of Schedule or Order None Resources 30. Please Rate the Following: S=Satisfactory M=Mar final U=Unsatisfactory Rating Explanation,if Unsatisfactory Personnel Available for Maintaining POTW's Pretreatment Program ®S❑M❑U Access to POTW Vehicles for Sampling,Inspections,and ®S❑M❑U Emergencies Access to Operable Sampling Equipment ®S❑M❑U Availability of Funds if Needed for Additional Sampling and/or Analysis ®S❑m❑U Reference Materials ®S❑M❑U Staff Training(i.e.Annual and Operator is going for Grade 3 Certification Regional Workshops,Etc.) ®S❑M❑U Computer Equipment(Hardware and Software) ®s❑M❑U NC DWQ Pretreatment Audit Form Revised: July 25.2007 Page 2 .W have an adequate data management system to run the pretreatment program?®Yes❑ No es or No. w does the POTW recover the cost of the Pretreatment Program from their industries?Explain. Cost of sample analysis and BOD surcharge ,ublic Perception/Participation 33. Are there any local issues affecting the pretreatment program (e.g..odor,plant closing,new or proposed plants)? ❑ Yes® No If yes,Explain. 34. Has any one from the public ever requested to review pretreatment program files? ❑Yes ® No If yes,Explain procedure.If no,How would the request be addressed? 35. Has any industry ever requested that certain information remain confidential from the public? ❑Yes® No If yes,Explain procedure for determining whether information qualified for confidential status,as well as procedure for keeping files confidential from public. If no.how would the request be addressed?. Separate files 36. In addition to annual inspection,does the POTW periodically meet with industries to discuss pretreatment? ®Yes❑ No 37. Is the public notified about changes in the SUO or Local Limits? ®Yes❑ No 38. Were all industries in SNC published in the last notice? ❑Yes® No Permitting(Industrial Waste Survey-IWS) 39a...How does the POTW become aware of new or changed Users?Contact from users(IWS) 39b. Once the POTW becomes aware of new or changed Users,how does the POTW determine which industries have the reasonable potential to adversely impact the WWTP and therefore require a new permit or a permit revision? (Who is an SILT?)Sampling,MSDS etc. 40. Does the POTW receive waste from any groundwater remediation projects(petroleum,CERCLA)or landfill leachate? ®Yes ❑No If Yes,How many are there? 1 - Please list each site and how it is permitted,if applicable.Macon County Landfill 002 pretreatment 41. Does the POTW accept waste by(mark if applicable) ❑ Truck ®Dedicated Pipe ❑NA Septage 42. If the POTW accepts trucked waste,what controls are placed on this waste? (example. designated point,samples drawn, manifests required)Load tickets 43. How does the POTW allocate its loading to industries?Mark all that apply ❑Uniform Limits ❑Historical Industry Need ®By Surcharge ❑Categorical Limits ❑ Other Explain Other:Allocation table/headworks 44. Review POTW's copies of current allocation tables for each WWTP. Are there any over allocations? ❑Yes ® No If yes,What parameters are over allocated? 45. If yes to#43,What is being done to address the over allocations?(short-term IUPs,HWA to be revised,pollutant study,etc.) N/A 46. Does the POTW keep pollutant loading in reserve for future growth/safety? ®Yes❑ No If yes,what percentage of each parameter —50-75% 47. Has the POTW experienced any difficulty in allocation?(for example: adjudication by an industry) ❑Yes® No If yes,Explain. 48. How does the POTW decide on which pollutants to limit in the permits?Monitor for? (for example:were only those pollutants listed on the application limited;categorical parameters;NPDES Pollutants of Concern) NPDES Pollutants of Concern 49. How does the POTW decide what the monitoring frequency should be for the various pollutants in industry permits? Explain. DWQ guidelines for SIUs NC DWQ Pretreatment Audit Form Revised: July 25.2007 Page 3 Permit Compliance 50. Does the POTW currently have or during the past year had any permits under adjudication? ❑Yes® No \ If yes,which industries? What was(will be)the outcome of the adjudication? 51. Demonstrate how the POTW judges compliance.This should include compliance judgment on all violations of limits,reporting requirements,and permit conditions,as well as for SNC.Compliance worksheet , 52. Does the POTW use the Division's model inspection form or equivalent? ®Yes❑ No If no,does the POTW form include all DWQ data? ❑Yes❑ No 53. Were all SIUs evaluated for the need of a slug/spill control plan during their most recent inspections? ®Yes❑ No If no,Explain. Landfill NA,Caterpillar-Yes 54. What criteria are used to determine if a slug/spill control plan is needed? Chemicals stored/used on site 55. What criteria does the POTW use to determine if a submitted slug/spill control plan is adequate? Knowledge of facility and spill possibilities 56. How does the POTW decide where the sample point for an SIU should be located? DWQ picked landfill site and Engineering firm picked Cat.site 57. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SIU each time? (example: correct location; proper programming of sampler; clean equipment;swirling the sample bucket uniformly) POTW: ❑Yes❑ No SIU: ®Yes❑ No If yes,Explain.POTW checks sample 58. Who performs sample analysis for the POTW for Metals EarthEnvironmental/ETS Conventional Parameters POTW Organics Earth Env/ETS 59. Explain the Chain of Custody Procedure used for both in house and commercial lab samples. Standard operating procedures Long/Short Term Monitoring Plan(L/STMP)and Headworks Analysis(HWA) 60a. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 60b. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO 60c. Is LTMP/STMP Data Maintained in Table or Equivalent? ® YES ❑NO Is Table Adequate? ®YES ❑NO 60d. All LTMP/STMP effluent data on Discharge Monitoring Report(DMR)?®YES❑NO 60e. If NO to any above,list violations 60f. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑ YES ®NO If yes,which ones?Eliminated: Low Level Mercury Added: 61. Do you complete your own headworks analysis(HWA)? ®Yes❑ No If no,Who completes your HWA?Mcgill and Associates assist in the HWA Phone 828 252--0575 62. Do you have plans to revise your HWA in the near future? ❑Yes® No If yes,What is the reason for the revision?(mark all that apply) ❑Increased average flow ❑NPDES limits change ❑More LTMP data available ❑Resolve over allocation ❑5 year expiration ❑Other. Explain. 63. In general,what is the most limiting criteria of your HWA? ®Inhibition ❑Pass Through ❑Sludge Quality 64. Do you see anyway to increase your loading in the future(Example:obtaining more land for sludge disposal)? ❑Yes® No Explain.Plenty of reserve capacity Summaryl 65. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment? No NC DWQ Pretreatment Audit Form Revised: July 25.2007 Page 4 i aER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS AND 1 IU INSPECTION) 11 1.Caterpillar 2.Macon County Landfill 3. umber 0001 0002 --� oes File Contain Current Permit? Yes ❑ No j ®Yes ❑ No ❑Yes ❑ No Permit Expiration Date 07/31/16 07/31/16 Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A I =1 71. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ NoFM-Yes ❑ No ❑ Yes ❑ No to Permit Issue Date? 1 72. Does File Contain Inspection Completed Within Last Calendar Year? ®Yes ❑ No ®Yes ❑ No ❑Yes ❑ No 73. a.Does File Contain Slug/Spill Control Plan? a. ❑Yes MNo a. ❑Yes MNo a. ❑Yes ❑No b.If No,is One Needed?(See Inspection Form from POTW) b. ®Yes❑No b. ❑Yes MNo b. ❑Yes❑No 74. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑No®N/A ❑Yes❑No®N/A ❑Yes❑NopN/A Organic Management Plan(TOMP)? 75. a.Does File Contain Original Permit Review Letter from Division? a. ®Yes []No a. MYes ❑No a. ❑Yes❑No b.All Issues Resolved? b.❑Yes❑No®N/A b.❑Yes❑No®N/A b.❑Yes❑No❑N/A 76. During Most Recent Semi-Annual Period,Did POTW Complete its ®Yes ❑ No ®Yes ❑ No ❑Yes El No Sampling as Required b IUP,includingFlow? 77. Does File Contain POTW Sampling Chain-Of-Custody Forms? ®Yes ❑ No ®Yes ❑ No ❑Yes ❑ No 78. During Most Recent Semi-Annual Period,Did SIU Complete its ®Yes❑No❑N/A ®Yes❑No❑N/A ❑Yes❑NopN/A Sampling as Re uired b IUP,includingFlow? 79. During Most Recent Semi-Annual Period,Did SIU submit all reports on ®Yes❑NopN/A !1 ®Yes❑No❑N/A ❑Yes❑No❑N/A time? F 1 80a. 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? 80b. For categorical lUs with Production based limits,does file include ❑Yes❑NoON/A ❑YespNoON/A ❑Yes❑No❑N/A production rates and/or flows as Required b [UP? 81. During Most Recent Semi-Annual Period,Did POTW Identify All ®Yes ❑ No ®Yes ❑ No ❑Yes ❑ No Limits Non-Compliance from Both POTW and SIU Sam lin ? ` During Most Recent Semi-Annual Period,Did POTW Identify All ❑Yes❑No®N/A ❑Yes❑NoON/A ❑Yes❑No❑N/A Re ortin Non-Compliance from SIU Sampling? 83. a. Was POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.❑Yes❑No®N/A a.❑Yes❑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 and obtain results within 30 days of c.❑Yes❑MON/A becomingaware of SIU limit violations in the POTW's sampling of SIU? c.®Yes❑No❑N/A c.❑Yes❑No❑N/A 84. During Most Recent Semi-Annual Period,Was SIU in SNC? ❑Yes ® No 11 ❑Yes ® No 11 ❑Yes ❑ No 85. During Most Recent Semi-Annual Period,Was Enforcement Taken as ❑Yes❑No®N/A ❑Yes❑NoON/A ❑Yes❑No❑N/A Specified in POTW's ERP(NOVs,Penalties,timing,etc.)? 86. Does File Contain Penal Assessment Notices? ❑Yes❑NoRN/A ❑Yes❑No®N/A ❑Yes❑No❑N/A 87. Does File Contain Proof Of Penalty Collection? L ❑Yes❑NoON/A ❑Yes❑No®N/A Ir 0Yes0No0N/A 88. a.Does 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.❑Y-11 es❑No❑N/A 89. Did POTW Representative Have Difficulty in Obtaining Any Requested ❑Yes ® No ❑Yes ® No El Yes ❑ No Information For You? FILE REVIEW COMMENTS: Excellent files. This is a well-managed program. NC DWQ Pretreatment Audit Form Revised: .iuIv 25.2007 Page 5 INDUSTRY INSPECTION PCS CODING: ` Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Faces\ LNG INlC10 10 12 I1 Is 14 I7 I 109111 108I ItJ I LSJ L2 (DTIA) (TYPI) (INSP) (FACG� 1.Industry Inspected: Macon County Landfill 2.Industry Address: Adiacent to WWTP 3.Type of Industry/Product: Landfill Leachate 4.Industry Contact: Bill Deal Title: Pretreatment Coordinator 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: Very thorough inspection covering all aspects of the inspection form. Audit SUMMARY AND COMMENTS: Audit Comments: Everything found to be in good order. Requirements: none Recommendations: Keep up the good work. NOD: ❑Yes ® No NOV: ❑ Yes ® No QNCR: ❑Yes ® No POTW Rating: Satisfactory ® Marginal ❑ Unsatisfactory❑ Audit COMPLETED BY: Jeff Menzel &j DATE: September 5,2013 Asheville Regional Office i NC DWQ Pretreatment Audit Form Revised: JUIV 25.2007 Page 6 �T •., 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 20, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6629 President, Riverwind HOA, Inc. Riverwind Homeowners Association Inc. 30 Riverwind Drive Hendersonville,North Carolina 28739 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO076708 Riverwind Homeowners Association Inc. Riverwind Mobile Home Park Case No. LV-2013-0170 Henderson County Dear Sir/Madam: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$347.50 ($200.00 civil penalty+ $147.50 enforcement costs) against Riverwind Homeowners Association Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Riverwind Homeowners Association Inc. for the month of May 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0076708. The violations which occurred in May 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Riverwind Homeowners Association Inc. violated the terms, conditions or requirements of NPDES Permit NCO076708 and G.S. 143- 2 15.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Riverwind Homeowners Association Inc.: WATER QUALITY SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500 FAX:(828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $200.00 NC0076708, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. $200.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $347.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention o£ Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office�-�, of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. SirG. Lan rely, r n Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/attachments NPDES Point Source w/attachments WQ Central Files w/attachments Goldie &Associates/ORC w/attachments G:';ti Q'.,.S P'Flenderson'_.Vtastes%ater.Minors`.Rnen%in(I 110A 76708''d.V-2013-0170.doc ' J JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0170 County: Henderson Assessed Party: Riverwind HOA,Inc. Permit No.: NCO076708 Amount Assessed: $347.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing,and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \l\ \.� �� �I �, �/J fE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS RIVERWIND HOA, INC. ) PERMIT NO. NCO076708 ) FILE NO. LV-2013-0170 Having been assessed civil penalties totaling $347.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 20, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ., ;� ��, �;' ,_ i �. __ 1 W a) N IL o u F w L' / z E E d E E g 0 N O O Q Z O wLU W > N LO O J 0 O Lo L e C W F�W J V 7 J' N N Q U C 0 F 0 0 W a J C d x W 0:) 0 U o a+ O {d t+ 0 H T z U Z Q CV W LLI cc T / C d J W N- N Q LL 0 W Z Gl m O co Q 0 H H cq N cn x Z go Z- R O W O CD 0 C Q > •� U Y a � d E 0 x d :a 0 w o 0 U U d U U >_ a LL U- z O 7 J V C) W W Q O J FL U. O c o 0 t f K c7 V CD H 00 N N /..._. V C ZW n Z O a E w o 0 J a sv �\ -. I4���,�i ti� � �:1, _. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E. Skvarla, III Governor Director Secretary September 20, 2013 James Fox Thomasville Furniture Industries, Inc. PO Box 640 Lenoir, NC 28645 SUBJECT: Compliance Sampling Inspection Lenoir Plant Non-Contact Cooling Water Permit No: NCG500072 Caldwell County Dear Mr. Fox: On August 27, 2013, 1 conducted a Compliance Sampling Inspection at the Lenoir facility. We discussed possibly discharging the non-contact cooling water into the City of Lenoir's sewer system. If you do decide to tie into the sewer system, let me know and I can advise you how to rescind the subject permit. If you do not tie into the sewer, there are sampling requirements that will need to be addressed. Please refer to the enclosed inspection report for sampling comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, JY Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: Central Files Asheville Files David Stout a-copy G:\WQ\SWP\Caldwell\Wastewater\General\Non-contact NCG50\Thomasville\CSI 08-2013.Ltr.doc Water Quality Section—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOTC11CaTOlila Phone: (828)296-4500\FAX:828 299-7043 V�►Jatut,Q`�� Internet:www.newaterauality.org �/ �� �) i� ��� United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCs) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 5I 31 NCG500072 111 121 13/08/27 117 18I S I 19I S I 20I I Remarks 21111111111111111111111 "1111111111111111111 11111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved—------------------- 67I 169 701 I 71 I I 721 N I 73I I 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Lenoir Plant 10:00 AM 13/08/27 12/08/01 315 Elizabeth St NW Exit Time/Date Permit Expiration Date Lenoir NC 28645 01:00 PM 13/08/27 15/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted James Fox,315 Elizabeth St Lenoir NC 28645//828-757-2774/8287572723 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance Records/Reports N Self-Monitoring Program Facility Site Review Pretreatment ■Effluent/Receiving Waters .Storm Water 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 Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date L1?V EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3 NCG500072 (11 12 I 13/08/27 1 17 18 I S 1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Present during the inspection were James Fox, David Stout and Tom Gibson. If the facility can work it out with the City of Lenoir, they should consider tying into the sewer system. If the facility does not tie into the sewer and maintains this permit the items noted below will need to be addressed: *They will need to submit biocide/chemical worksheets for the chemicals currently used in the boiler system. *Because chemicals are used in this system they will need to sample for Chemical Oxygen Demand (COD) according to the permit. *We clarified sampling procedures for representative samples upstream and downstream of the effluent with regard to timing to make sure the downstream sample is obtained in concert with the boiler effluent discharge. *A new temperature probe will be needed. The current instrument is reading approximately 10 degrees lower than the actual temperature. Samples obtained during the inspection are as follows: Effluent: State readings - pH=9.76, T=33.8 C(92 F), COD 20 mg/I Facility readings—pH=9.7, T=78F Upstream: State readings—pH=8.40, T=22.5 C (72 F) Facility readings—pH=8.1, T=64 F f" `1 Downstream: State readings—pH=8.75, T=25.0 C (77 F) Facility readings—pH=8.8, T=68 F Page# 2 Permit: NCG500072 Owner-Facility: Lenoir Plant Inspection Date: 08/27/2013 Inspection Type: Compliance Sampling 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 I_1 n ■ Cl Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ 0 Is the facility as described in the permit? n ❑ ■ #Are there any special conditions for the permit? n n ■ n Is access to the plant site restricted to the general public? ■ I_1 11 f_I Is the inspector granted access to all areas for inspection? ■ n n n 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: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n ■ Is sample collected below all treatment units? n n ■ 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 ■ Is the facility sampling performed as required by the permit(frequency,sampling.type representative)? n ■ ❑ n Comment: Because chemical additives are used in the boiler system, COD needs to be analyzed. However, it may be possible for this facility to tie into the sewer system. See summary. Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? ■ n n n Comment: Page# 3 A A �` �, _ ���.>> �.. ;h NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 20, 2013 Mr. Larry Lehning Adams Apple Homeowners Association Inc. 1208 Kelty Court Cary, North Carolina 27511 Subject: NOTICE OF VIOLATION NOV-2013-LV-0646 Permit No. NCO042358 Adams Apple Condominiums WWTP Avery County Dear Mr. Lehning: A review of Adams Apple Condominiums WWTP's monitoring report for July 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 07/09/2013 400#/100ml 6,000#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section - cc: WQ Asheville Files WQ Central Files f" WQ Lab & Operations/ORC G:\WQ\SWPW,very\Wastewater\MinorsVAdams Apple Condo 42358\NOV-2013-LV-0546.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)2964500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer �� �1 � �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 23, 2013 Mr.Larry Lehning Adams Apple Homeowners Association Inc. 1208 Kelty Court Cary, North Carolina 27511 Subject: NOTICE OF VIOLATION NOV-2013-LV-0545 Permit No. NCO042358 Adams Apple Condominiums WWTP Avery County Dear Mr. Lehning: A review of Adams Apple Condominiums WWTP's monitoring report for June 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 06/18/2013 400#/100ml 6,000#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action forthis and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files WQ Lab & Operations/ORC G:1WO\SWP\Avery\WastewaterlMinors\Adams Apple Condo 42358\NOV-2013-LV-0545.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)2964500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A, Reeder John E. Skvarla, III Governor Director Secretary September 23,2013 Carson Fisher Burke County General Services PO Box 219 Morganton,NC 28655 Subject: NOTICE OF VIOLATION NOV-2013-DV-0195 Permit No. WQCS00324 Burke County Collection System Burke County Dear Mr.Fisher: A review has been conducted of the Burke County Collection System's self-reported Sanitary Sewer Overflows(SSO's)5-Day Reports submitted by Burke County General Services. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00324 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below. Area Violation Date Sanitary Sewer Overflow(SSO) Violation Type Indian Hills PS 07/05/2013 16,875 gal(Drowning Crk) Discharge Without DWQ Incident#2013 013 82 Valid Permit Discharge Without . Indian Hills PS 07/27/2013 140,000 gal(Drowning Crk) Valid Permit DWQ Incident#201301725 Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. 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 Linda Wiggs at 828-296- 4500. S' ere �— G.Landon Davidson,P.G. Regional Supervisor Water Quality Section Cc DWR ARO Files Central Files PERCS Unit G:\WQ\SWP\Burke\Collection Systems\Burke County Collection System WQCS00324\NOV-2013-DV-0195.SSO.doc Water Quality Section—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwaterauality.org \\ ��, -� ��1 J' RC ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 23,2013 Ken Stines Metropolitan Sewerage District 2028 Riverside Dr Asheville NC 28804 Subject: NOTICE OF VIOLATION NOV-2013-DV-0196 Permit No. WQCS00004 Metropolitan Sewerage District MSD Buncombe County Collection System Buncombe County Dear Mr. Stines: A review has been conducted of the MSD Buncombe County Collection System's self-reported Sanitary Sewer Overflows(SSO's) 5-Day Reports submitted by Metropolitan Sewerage District of Buncombe County North Carolina. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00004 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below. Area Violation Date Sanitary Sewer Overflow(SSO) Violation Type Lakewood Dr. 07/04/2013 1,500 gal(Kenilworth Lake) Discharge Without DWQ Incident#201301357 Valid Permit Country Club Rd. 07/26/2013 1,680 al UT Beaver Crk Discharge Without g ( ) Valid Permit DWQ Incident#201301705 Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. 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 Linda Wiggs at 828-296- 4500. mcere G. Landon Davidson,P.G. Regional Supervisor Water Quality Section ./ Cc: DWR ARO Files Central Files PERCS Unit u:\wQ\NwF\Buncomi)e\t-oiiection,Nystemsm5iI Collection Systern - - oc Water Quality Section—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500TAX:828 299-7043 Internet:www.ncwaterauality.ora A'T;A WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 23,2013 Richard Canipe Town of Spruce Pine PO Box 189 Spruce Pine,NC 28777 Subject: NOTICE OF VIOLATION NOV-2013-DV-0197 Permit No. WQCS00091 Town of Spruce Pine Spruce Pine Collection System Mitchell County Dear Mr. Canipe: A review has been conducted of the Spruce Pine Collection System's self-reported Sanitary Sewer Overflows(SSO's)5-Day Report submitted by Town of Spruce Pine. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00091 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Sanitary Sewer Overflow(SSO) Violation Type Biggerstaff Rd. 07/20/2013 5,000 gallons Discharge DWQ Incident#201301674 Without Valid Permit Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. 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 Linda Wiggs at 828-296- 4500. Sincerer andon Davidson,P.G. Regional Supervisor Water Quality Section Cc: DWR ARO Files Central Files PERCS Unit G:\WQ\SWP\Mitchell\Collection Systems\Spruce Pine Collection System\N0V-2013-DV-0197.SSO.doc Water Quality Section—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwaterauality.ora �fi�►T;�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Jahn E. Skvarla, III Governor Director Secretary September 23,2013 Keith Hoilman Town of Newland PO Box 429 Newland,NC 28657 Subject: NOTICE OF VIOLATION NOV-2013-DV-0198 Permit No. WQCS00218 Town of Newland Newland Collection System Avery County Dear Mr. Hoilman: A review has been conducted of the Newland Collection System's self-reported Sanitary Sewer Overflows (SSO's)5-Day Report submitted by Town of Newland. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00218 and/or G.S. 143- 215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Sanitary Sewer Overflow(SSO) Violation Type Tweetsie Lift Station 07/04/2013 800 gal(Toe River) Discharge DWQ Incident#201301755 Without Valid Permit Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. 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 Linda Wiggs at 828-296- 4500. Sincere G. Landon Davidson,P.G. Regional Supervisor Water Quality Section Cc: DWR ARO Files Central Files PERCS Unit G:\WQ\SWP\Avery\Collection Systems\Newland Collection System\NOV-2013-DV-0198.SSO.doc Water Quality Section—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwatergualits+.oLg .\ ��.. �'J �� -� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Jahn E. Skvarla, III Governor Director Secretary September 23,2013 Brad Boris City of Morganton PO Box 3448 Morganton,NC 28655 Subject: NOTICE OF VIOLATION NOV-2013-DV-0194 Permit No. WQCS00028 City of Morganton Morganton Collection System Burke County Dear Mr. Boris: A review has been conducted of the Morganton Collection System's self-reported Sanitary Sewer Overflows(SSO's) 5-Day Reports submitted by City of Morganton. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00028 and/or G.S. 143-215.1(a)(1). The violations that occurred are summarized below. Area Violation Date Sanitary Sewer Overflow(SSO) Violation Type Junction Box 07/02/2013 12,500 gal(Hunting Crk) Discharge Without DWQ Incident# 201301387 Valid Permit Junction Box 07/04/2013 53,000 gal(Hunting Crk) Discharge Without DWQ Incident#201301392 Valid Permit Junction Box 07/27/2013 5,500 gal(Hunting Crk) Discharge Without Valid Permit DWQ Incident#201301743 N.Anderson St. 07/27/2013 500 gal(Trib. Catawba Rvr) Discharge Without DWQ Incident# 201301744 Valid Permit Henredon 07/30/2013 700 gal(Silver Crk) Discharge Without DWQ Incident#201301733 Valid Permit Water Quality Section—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500TAX:828 299-7043 Internet:www.ncwaterauality.org Page Two NOV-2013-DV-0194 September 23,2013 Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. 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 Linda Wiggs at 828-296- 4500. Sincerely, G.Landon Davidson,P.G. Regional Supervisor Water Quality Section Cc: DWR ARO Files Central Files PERCS Unit G:\WQ\SWP\Burke\Collection Systems\Morganton Collection System\NOV-2013-DV-0194.SSO.doc A . J�'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 23,2013 Radford Thomas,Director,Public Utilities City of Lenoir PO Box 958 Lenoir,NC 28645-0958 Subject: NOTICE OF VIOLATION NOV-2013-DV-0193 Permit No. WQCS00035 City of Lenoir Lenoir Collection System Caldwell County Dear Mr. Thomas: A review has been conducted of the Lenoir Collection System's self-reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by City of Lenoir. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00035 and/or G.S. 143- 215.1(a)(1). The violations that occurred are summarized below. Area Violation Date Sanitary Sewer Overflow (SSO) Violation Type Manhole-Kimbrells 07/02/2013 28,488 gal(Zacks Fork) Discharge Without DWQ Incident#201301745 Valid Permit Manhole-Powell 07/02/2013 10,308 gal(Trib. Zacks Fork) Discharge Without DWQ Incident#201301747 Valid Permit Manhole-Diamond Head 07/02/2013 2,314 gal(Trib. Zacks Fork) Discharge WithoutValid Permit DWQ Incident#201301317 Manhole-Kimbrells 07/05/2013 72,788 gal(Zacks Fork) Discharge Without DWQ Incident#201301388 Valid Permit Manhole-Powell 07/05/2013 29,313 gal(Trib.Zacks Fork) Discharge Without DWQ Incident#201301389 Valid Permit Manhole-Diamond Head 07/05/2013 9,527 gal(Trib. Zacks Fork) Discharge Without DWQ Incident# 201301391 Valid Permit Water Quality Section—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500TAX:828 299-7043 Internet:www.ncwatercivalitV.orq Page Two NOV-2013-DV-0193 September 23,2013 Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. 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 Linda Wiggs at 828-296- 4500. Sincerely, c--�� (—X. E:�-- G.Landon Davidson,P.G. Regional Supervisor Water Quality Section Cc: DWR ARO Files Central Files PERCS Unit G:\WQ\SWP\Caldwell\Collection Systems\Lenoir Collection System\NOV-2013-DV-0193.SSO.doc -WT NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 23, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED' 7012 1010 0002 1967 6636 Arvin Guffey and Eunice L Guffey 135 Crowes Dr. Walhalla, SC 29691 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT DWQ Tracking Number: NOV-2013-PC-031 1 Failure to Secure 401 Buncombe County Response deadline: October 23,2013 Dear Mr. and Ms. Guffey On September 3, 2013, Tim Fox from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at your property off of Old Fort Road PIN (969658626800000) in Buncombe County. 401 WQC violations were noted during the inspection and file review. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS: - WATER QUALITY SECTION North Carolina Division of Water Resources-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer Arvin and Eunice Guffey September 23, 2013 �. Page 2 of 3 \ I. Failure to Secure a 401 Water Quality Certification (WQC) A review of records confirmed that neither the DWR nor the US Army Corps of Engineers (USACOE)has received an application for a 404 Permit or 401 WQC. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. REQUIRED RESPONSE The DWR requests that you respond by October 23,2013. Your response should be sent to the attention of Tim Fox, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: Two (2) options exist to resolve the violations related to the 401 Water Quality Certification: 1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining to the culvert installation that has occurred. A 401 WQC will be required if the activities are permitted by the Corps. The application process as described does not guarantee the impacts will be approved. 2. Restore the stream to pre-existing conditions. a. includes the removal of the impacts, restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. If pursuing Option 1: 1. Contact the U. S. Army Corps of Engineers to determine the permitting needs of the activities you have undertaken. The Asheville office phone number is (828) 271-7980. 2. Provide a proposed schedule of when you expect to have the required Pre- Construction Notification(401 WQC application) submitted to DWQ. If pursuing Option 2: a. Please submit a Stream Restoration Plan to this office for review and approval. You must secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. ,in and Eunice Guffey oeptember 23, 2013 Page 3 of 3 i The plan must include the removal of the impacts, restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. Refer to the attached Stream Restoration Plan Guidance. It is recommended that your consultant contact Tim Fox of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: b. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. c. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Tim Fox. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to _ $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Tim Fox at(828) 296-4500 or tim.fox@ncdenr.gov. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Enc: Stream Restoration Guidance cc: Tasha McCormick—USACE Asheville Regulatory Field Office Doug Sharp—Buncombe County Erosion Control Buncombe County Planning Karen Higgins, WBSCP Unit Anne Belleflower—Coldwell Banker King ARO File Copy G:\WQ\SWP\Buncombe\Complaints\Guffey Property Culvert Violation\NOV-2013-PC-0311.Guffey.09-23-13.doCX 1®y♦ NCDENR - North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 24, 2013 William Prewitt 181 Mud Puppy Rock Lane Plumtree,NC 28664 Subject: Request for More Information 401 Water Quality Certification Project Name: William Prewitt Bank Stabilization DWQ Project# 2013-0868 Avery County Response deadline: October 24, 2013 Dear Mr. Prewitt: The Division of Water Resources (DWR)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. Provide a longitudinal profile for the entire stabilization reach. 2. Explain how the stream will access the floodplain bench, as depicted in drawings,without causing channel scouring. Please provide your response in writing to the addresses below prior to October 24, 2013. Four copies of the required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit at: WATER QUALITY SECTION North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer William Prewitt September 24, 2013 Page 2 of 2 Ms. Karen Higgins WBSCP Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Tim Fox Water Quality Programs 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 DWR. Please call Tim Fox(828)296-4664, if you have any questions. Sincerel , � G. Landon Davidson, P.G. Regional Supervisor Water Quality Programs cc: Tasha McCormick-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Derek Goddard—Blue Ridge Environmental Consultants, P.A. Karen Higgins- WBSCP Unit County Planning ARO File copy G:\WQ\SWP\Avery\401s\Non-DOT\William Prewitt Bank Sta bil ization\Add info William Prewitt Bank Stabilization.9-24-11dou A Ad EkE North Carolina Department of Environment and Natural Resources Division of Water Resources -fat McCrory Water Quality Programs John E. Skvaria, III Governor Thomas A. Reeder Secretary Director September 24, 2013 Tim R.Newell Cullowhee River Club, LLC Post Office Box 2405 Cullowhee,North Carolina 28723 Subject: Request for More Information 401 Water Quality Certification Cullowhee River Club DWQ Project#2013-0986 Jackson County Response deadline: October 15, 2013 Dear Mr. Newell: The Division of Water Resources (DWR) has performed a preliminary review of a 401 Water Quality \rtification application submitted for the above referenced property. Additional information will be required n order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Application Item C. 3. requests authorization for the stabilization of 500 linear feet of one side of the Tuckasegee River. No plan detail for the grading/sloping work has been provided. Additionally, no planting plan has been provided. Please provide a construction detail, a planting plan, and a plant success criteria for evaluation. Please be aware that a Trout Buffer Waiver may be required by the Division of Energy, Minerals, and Land Resources for work within 25 feet of the edge of bank of waters within this project area. Please provide your response in writing to the addresses below prior to October 15, 2013. Four copies of the required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit at: Ms. Karen Higgins WBSCP Unit 1650 Mail Service Center Raleigh,NC 27699-1650 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-29645001 FAX:828-299-7043 Internet:www.ncwaterquality.org NorthCarolina An Equal Opportunity!Affirmative Action Employer vVatumll ff Cullowhee River Club September 24,2013 Page 2 of 2 and a single copy to the Asheville Regional Office at: Kevin Barnett Water Quality Programs 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 DWR. Please call Kevin Barnett(828) 296-4657, if you have any questions. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Programs cc: Jennifer Robertson, Atlas Environmental 9700 Research Drive, Suite 142, Charlotte,NC 28262 Gray Hauser- Division of Energy, Minerals, and Land Resources ' David Brown-US Army Corps of Engineers Asheville Field Office David McHenry -North Carolina Wildlife Resources Commission Karen Higgins - WBSCP Unit Jackson County Planning ARO File copy G:\WQ\S WPUackson\401 s\Non-DOT\CullowheeRiverClub\Addlnfo.09-23-2013.doc WNW North Carolina Department of Environment and Natural Resources Division of Water Resources -teat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director September 24,2013 Travis Sinclair Duke Energy Carolinas, LLC Post Office Box 1007 Charlotte,North Carolina 28201 Subject: 401 Water Quality Certification -Approval Pine Creek Access Area DWQ Project# 2007-1278, Ver. 2 Jackson County L'fNO2/West Fork Tuckasegee/2-79-23-(1)/Class WS-III; B; HQW Dear Mr. Sinclair: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Jdproval has been granted to place fill within or otherwise impact 0.09 acres of open waters for the purpose of Boating access at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control 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 Open Waters 0.09 (acres) Application Item C. 4. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450OXFAX:828-299-7043 NaTt Ca1olina Internet:www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer ;V19hil WAY Duke Energy Carolinas,LLC September 24,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in",-, criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream' impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at(828)296-4657. Sincerely, . IR1 for Thomas A. Reeder TAR/khb Enc: GC3898 Certificate of Completion cc: Wilson Hunter,Davis and Floyd 1319 Highway 72/221 East, Greenwood, SC 29649 David McHenry,NC Wildlife Resources Commission David Brown,USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\S WP\Jackson\401 s\Non-DOT\Duke.PineCreekAccessArea\Aprv1.09-24-2013.doe NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 25, 2013 CERTIFIED MAIL 7010 1870 0003 0875 2858 RETURN RECEIPT REQUESTED G Peter Jensen Qualified Trust Carol Schuster Golding Trustee 3118 Port Way Annapolis, MD 21403 SUBJECT: NOTICE OF VIOLATION DWQ Tracking Number: NOV-2013-PC-0313 Failure to Secure 401 Removal of Best Usage Buncombe County - Response deadline: October 25,2013 Dear Ms. Schuster: On September 5, 2013, Tim Fox from the Asheville Regional Office of the Division of Water Resources (DWR)conducted a site inspection at 21 Chestnut Hill Road in Buncombe County. Stream standard(Removal of Best Use) and 401 WQC violations were noted during the inspection and file review. Stream Impacts to the Broad River, a classified C; Trout water were documented. As a result of the site inspection and file review, the following violations were identified: VIOLATIONS: I. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Approximately 100 feet of Broad River a Classified C; Trout water was impacted by removing stream substrate, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). WATER QUALITY SECTION \ _. North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,KC. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer G Peter Jensen Qualified Trust September 25, 2013 Page 2 of 3 Il. Failure to Secure a 401 Water Quality Certification (WQC) A review of records confirmed that neither the DWR nor the US Army Corps of Engineers (USACOE) has received an application for a 404 Permit or 401 WQC,prior to the impacts noted above. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .0500. REQUIRED RESPONSE The DWR requests that you respond by October 25,2013. Your response should be sent to the attention of Tim Fox, Division of Water Resources, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Removal of Best Usage—15A NCAC 02B.0211 (2) and 401 Water Quality Certification a. Please explain why these impacts occurred without prior authorization. A permit and certification may be required for any work that takes place in a stream wetland or open water, whether the impact is permanent or temporary. Removal of bed material can destabilize and cause over-widening of the stream channel. Before any future stream work is initiated please obtain appropriate permits and approval. I have also included information regarding buffer restoration for you to review. Thank you for your attention to this matter. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Tim Fox at (828) 296-4500 or tim.fox@ncdenr.gov. Sincerely, G. Landon Davidson, P.G. 2.eg:ional. Supervisor Water Quality Section Enc: Guidelines for Riparian Buffer Restoration eter Jensen Qualified Trust cieptember 25, 2013 Page 3 of 3 cc: Tasha McCormick—USACE Asheville Regional office ARO File Copy G:\WQ\SWP\Buncombe\Complaints\Chestnut Hill stream excavation\NOV-2013-PC-0313 Chestnut Hill 9-23-13.docx i-� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. SI<varla, III Governor Director Secretary September 25, 2013 Carmen Teague 1217 Belgrave Pl. Charlotte,NC 28203 Subject: Request for More Information 401 Water Quality Certification Carmen Teague Shoreline Stabilization DWQ Project#2013-0931 Caldwell County Response deadline: October 25, 2013 Dear Mr. Teague: The Division of Water Resources (DWR)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. Application Items 7,8.a. and 8.b. Provide attached shoreline stabilization sketch plan and complete associated questions listed. 2. Catawba River basin riparian buffer rules apply for your project. Please provide all temporary and permanent impacts that will occur in Zone 1 (first 30 feet) and Zone 2 (last 20 feet) in the total 50 foot buffer requirement. Zone 1 shall begin at the most landward limit of the top of bank. Please.provide your response in writing to the addresses below prior to October 25, 2013. Four copies of the required information should be provided to the Wetlands,Buffers, Stormwater Compliance and Permitting Unit at: WATER QUALITY SECTION North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer Mr. Carmen Teague September 25, 2013 Page 2 of 2 Ms. Karen Higgins WBSCP Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Tim Fox Water Quality Programs 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 DWR. Please call Tim Fox(828)296-4664, if you have any questions. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Programs Enc: Shoreline Stabilization sketch plan cc: Tasha McCormick -US Army Corps of Engineers Asheville Field Office Karen Higgins - WBSCP Unit County Planning Gene Renegar—Renegar Construction ARO File copy GAWQ\SWP\Ca1dwe11\401s\Non-DOT\Carmen Tegue Lot 5\ADDINFO.401Carmen Teague 9-25-13.doCx NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 25, 2013 Ernie Pastor 471 Cardinal Lane Waynesville, NC 28786 Subject: Laurel Ridge Country Club Fish Kill Haywood County Dear Mr. Pastor: F On August 29, 2013 staff of the Division of Water Resources of the Asheville Regional Office conducted an investigation of a fish kill occurring at the Laurel Ridge Country Club. The kill consisting of stocked catfish occurred in a private impoundment adjacent to the gold course. The stream that feeds the pond is tributary to Richmond Creek. Our investigation which included the taking and analyses of water samples concluded that all field parameters were in normal ranges and bass and bream species were observed alive in the pond. This letter is to notify you of our findings. Sincerely, Jeff Menzel Environmental Specialist Enclosure: Field Quality Control Worksheet SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE Orient, 7 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl L11CarO1111S Phone:828-296-4500 FAX:828-299-7043 n// Internet: www.hcwaterquality.org �aturt�"1/ An Equal Opportunity 1 Affirmative Action Employer ff�� '/ FIELD QUALITY CONTROL WORKSHEET Collector: Facility: County: NPDES#: Receiving Streank Grab Samples Analyzed within 15 ❑ minutes of collection check box if es Time Collected IN (Military) OUT ' v Date(yr/mo/day) D� Temp.Air (°C) Tape Down/Staff Gage(ft) Field pH(su) ,tgv/ Field D.O.(mg/I) cj 32— 40 Temp. Water (°C) Salinity(ppt) Conductivity(µmhos/cm) Secchi Depth(m) TRC,Effluent(mg/1) TRC,Con.Chamber(mg/I) Flow,Facility(MtGD) (check if no acce QUALITY ASS pH Meter Serial pH Buffer Temp pH 7.0 Buffer(suMeter Adjusted pH 4.0 Buffer(su)cal.to pH Meter Slope 0.0 Buffer(su)cal.toJ D.O.Meter Serial No. Air Cal.Temp. (°C) Altitude(Ft) %Saturation D.O. before calibration(mg/1) D.O.after calibration (mg/1) 0-91 Barometric Pressure(PSI) Conductivity Meter Serial No. Std.[ µmhos/cm] °C Std.[ µmhos/cm] °C Std.[ µmhos/cm] °C Chlorine Meter Serial No. Std.[blank] Std.[0.50 mg/1] Std.[1.00 mg/1] Flow Recorder Serial No. Sampler Serial No. No.of Samples Composite Temp.(°C) Head at Set Up(ft) Flow Rate at Set Up(MGD) NCDENR Page No. J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary September 26, 2013 Mr. Bill Green, Town Manager Town of Andrews PO Box 1210 Andrews, NC 28901 Subject: Compliance Evaluation Inspection Town of Andrews Water Treatment Plant Wastewater System Permit No: NCO069892 Cherokee County Dear Mr. Green: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on September 24, 2013. The facility was found to be in compliance with permit NC0069892. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at (828) 296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Mike Ladd, ORC — Earth Environmental Services Inc. Central Files Asheville Files G:\WQ\SWP\Cherokee\Wastewater\Municipal\Andrews Water Plant 69892\CEI. 9-24-13.doc SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One t�2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarOhna Phone:828-296-4600 FAX:828-299-7043 n// Internet: www.newaterquality.org � �atura��� An Equal Opportunity 1 Affirmative Action Employer United States Environmental Protection Agency Form Approved. c PA Washington,D.C.20460 r-+ OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 151 '1 NCO069892 111 121 13/09/24 117 18I C I 19I S I 201 I Remarks 211III IIIIIIIIIIII1IIIIIII IIII II1IIIIIIIII IIII II16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 1.0 169 70 13 I 71 I I 721 NJ 73 LU 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:40 PM 13/09/24 07/11/01 Andrews WTP Holland Farm Rd NCSR 1385 Exit Time/Date Permit Expiration Date Andrews NC 28901 02:40 PM 13/09/24 12/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael J.Ladd/ORC/828-479-6428/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted William Green,PO Box 1210 Andrews NC 289011210//828-321-3113/ Conta to No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Operations& Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ ro� 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 ydmo/day Inspection Type (con. 3 NCO069892 111 12, 13/09/24 117 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) WWTP class: I Physical Chemical (classified 8-17-2001) The wastewater system for the water plant discharge of filter backwash consists of: liquid calcium thiosulfate dechlorination feed system with a 150 gallon chemical storage tank; 7500 gallon backwash water pump station with dual 1400 gpm 40 HP pumps; dual 206,000 gallon clarifier tanks, used as sludge thickeners; dual 100 gpm 1 HP decant pumps; tanker pump sludge withdrawal port (2-inch); and 4-inch effluent discharge line. The old wastewater lagoon has been closed and vegetation has been established. Authorizations to Construct: Issued 3-24-2009 for replacement of the alum sludge lagoon. Michael Dowd, P.E. cert. 3-6-2009; McGill Associates. For the installation of a new 7,500 gallon backwash water pump station with dual 1400 gpm 40 HP pumps; conversion of the two existing 206,000 gallon clarifier tanks, to be used as sludge thickeners, with dual 100 gpm 1 HP decant pumps in each; and a new 4-inch effluent discharge line. Issued on 3-11-2009 for the installation of a new dechlorination system utilizing calcium thiosulfate. (Note: The new water plant came on-line in 2007.) Permit: The permit was modified on 4-9-2009 to extend the deadline for the new TRC limit of 17 ug/I. This limit was extended to become effective Sept 1, 2009. The permit renewal application was received by the Division on 6-11-13. Bob Sledge is the reviewer. Please continue to operate under the existing permit until a new one has been issued. Responsible official: "Bill"William Green Responsible " 's title: Town Manager Mailing address: PO Box 1210; Andrews, NC 28901 Phone numbers: 828-321-3113 Bill Green 828-360-6401 Michael Ladd, ORC - cell 828-321-3006 " 828-321-3126 Bill Bateman, Water Plant Superintendent Page# 2 Permit: NC0069892 Owner-Facility: Andrews WTP pection Date: 09/24/2013 Inspection Type: Compliance Evaluation ,Operator information: -'ORC: Michael Ladd —PC 1 Cert. #985833 BU ORC: Christopher M. Ladd — PC 1 Cert. #985834 Inspection Summary: The wastewater treatment system appears to be well operated and maintained. The receiving waters appeared clear, indicating compliance with permit limits. The time and assistance of Mike Ladd, during the inspection, was greatly appreciated. Page# 3 Permit: NCO069892 Owner-Facility: Andrews WTP Inspection Date: 09/24/2013 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? n 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: Permit does not indicate treatment units. Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n an 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: 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? 00 ■ 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 Number of tubes in use? Comment: Page# 4 KNEW North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 27, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6643 Mr. Dennis J. Whitson 3800 Sugarhill Road Marion,North Carolina 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO079481 Dennis J. Whitson Harmony Estates WWTP Case No. LV-2013-0173 McDowell County Dear Mr. Whitson: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$597.50 ($450.00 civil penalty+ $147.50 enforcement costs) against Dennis J. Whitson. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Dennis J. Whitson for the month of June 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0079481. The violations which occurred in June 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Dennis J. Whitson violated the terms, conditions or requirements of NPDES Permit NCO079481 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Dennis J. Whitson: WATER QUALITY SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa,NC 28778 Phone: (828)296-4500 FAX:(828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NCO079481, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD - Conc. 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NCO079481,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NCO079481, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NCO079481,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for NH3. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NCO079481, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3. $450.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $597.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- i 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the \ document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698-Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. ' If you have any questions, please contact Janet Cantwell of the Water Quality Section staff of the Asheville Regional Office at 828-296-4500. Sincerel , G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/attachments NPDES Point Source w/attachments WQ Central Files w/attachments ti:;WQ'I,�Z`P Mct)o,,�ell Wasleu,ttei'.MitxxsiF4atmoo}Estates 74-48'3`,fN?O(1_i}473i.doc JUSTIFICATION FOR REMISSION REOUEST DWQ Case Number: LV-2013-0173 County: McDowell Assessed Party: Dennis J. Whitson/ Harmony Estates WWTP Permit No.: NCO079481 Amount Assessed: $597.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: �\ �� �'� J i- fE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS DENNIS J. WHITSON/ ) HARMONY ESTATES WWTP ) PERMIT NO.NCO079481 ) FILE NO. LV-2013-0173 Having been assessed civil penalties totaling$597.50 for violation(s)as set forth in the assessment document of the Division of Water Resources dated September 27, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE \�....� �\ L. \. (� /�� �, a) X X x X X W F.. W W W W z E E E rn E p� E E E a) E cu O T T T L T t 7 _ _ — _ Q O O O 0 z O co tL E C'i o o M Q s^- V 0) co n 0 0 W F-W g7 W o V N M U> U) L to LD Q U 3 o O N LO V O t� W LLw E On tm Z ZW E E E E Q O V M ti O C } Q O M V I- A z Z U y Q = W LU a 00 gH m o 0 0 0 0 uJ O 0 0 0 0 0 (n > Q U a F- m �a w H � W W c (0 U c C W 0 O O 0 U Z Z U E v c`C a m U z z z J V V w w w w w Q o LL J �LLLLa o 0 0 0 0 O T co K M M M M M O W 00 N N 0 0 N � a = a U O z, w to w c0 w ZC } o 0 0 0 0 0 a W yy O o N J a Ka 613 vi \\ �,l �i, `v/ __ __. f2h S I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 27,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6650 Mr. Aubrey L. Deaver A&D Water Service Inc. P.O. Box 1407 Pisgah Forest,North Carolina 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES Permit NCO089095 A&D Water Service Inc. High Vista Falls WWTP Case No. LM-2013-0025 Henderson County Dear Mr. Deaver: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$797.50 ($650.00 civil penalty+ $147.50 enforcement costs) against A&D Water Service Inc. This assessment is based upon the.following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by A&D Water Service Inc. for the month of June 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0089095. The violations which occurred in June 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc. violated the terms, conditions or requirements of NPDES Permit NCO089095 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson,Division of Water Resources Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against A&D Water Service Inc.: WATER QUALITY SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S.Highway 70,Swannanoa,NC 28778 Phone: (828)296-4500 FAX:(828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0089095,by discharging waste water into the waters of the State \, in violation of the Permit Daily Maximum limit for BOD - Conc. 1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. $250.00 NC0089095,by discharging waste water into the waters of the State in violation of the Permit Monthly Geometric Mean limit for FEC COLI. 3 of the 4-violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $300.00 NC0089095,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLL $650.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $797.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; \ (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) .curred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes.why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore,it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR \ 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice.A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original-and one copy of the document is received in the Office of Administrative Hearings within five(5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings, is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone(919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Landon avidson, Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Regional Supervisor w/attachments NPDES Point Source w/attachments WQ Central Files w/attachments A&D Water Service Inc./ORC w/attachments G.WQ',SWI''HeiulersonaVaste-,later Ivlinors`,tlieh Vista Falls 8909 TNI-201.1-0025.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2013-0025 County: Henderson Assessed Party: A&D Water Service Inc./High Vista Falls WWTP Permit No.: NCO089095 Amount Assessed: $797.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: rE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING STIPULATION OF FACTS A&D WATER SERVICE INC. / ) HIGH VISTA FALLS WWTP ) PERMIT NO. NCO089095 ) FILE NO. LM-2013-0025 Having been assessed civil penalties totaling $797.50 for violation(s)as set forth in the assessment document of the Division of Water Resources dated September 27, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of 120 SIGNATURE ADDRESS TELEPHONE \� �'"�:\ 1 �w✓ ��� ��, d w m m m m m w B F wwwwwo r o z E E E E E E z > y E E E E E a°>X c > p tw g0 c L CD � a , a a a C y LL Q 0 0 O O Z O C7 F N C O O W— O N F' �p Lug CD M p07 N 00 V Q Q� e N N e W LU I-W � F-W gQ C" N o 5a J� J> U (Qj co 110 C O F �_ L N N N N d J J V C Q1 > >w E a* 7w E 0 V u'1 N V O O d M L) z N j W d 2 w d d m d 2 c7 �e w d U d LL U. d w {~- 0w m Cl) � Cl) g Ow d Z) 0 C) o f `m o Q Z QQ O O N N N M QQ N Q w Q° O O O O O O O° O U IL R LL z tv W w o N LU LU g U O O O O O U > Q U U U U U z K 0 am LL LL EL LL LL a z I_ ID m a a=i =i ro m ID U UO w w w w w w 00 w J J Qa 0 0 0 0 0 0 Qo. LLa o 0 0 0 0 o Ha o Ln W O O Z O O �� M M Cl) Cl) M ft M O 00 = 0a N N N N N N O 0p0, N i V O O w 0 co w w w � O ui co Z g 0 0 ' y J O O O O O O +�+ J O W Q O O O O O C, C Q ILiz s� N O z ea J a ea i» iss fsr v> CL \\ �i . �� ��. ��:�� 4 ^..+.�- i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla III Governor Director Secretary September 27,2013 Town of Burnsville Anthony Hensley PO Box 97 Burnsville,NC 28714 Subject: Pretreatment Annual Report Review Burnsville Pretreatment Program NPDES #: NCO020290 Yancey County Dear Mr. Hensley: The Asheville Regional Office of the Division of Water Resources has reviewed the Pretreatment Annual Report (PAR) covering January through December 2012. This PAR was received on September - 25, 2013 in the Asheville Regional Office. Our review indicates that the PAR is in good order and satisfies the requirements of 15A NCAC 2H .0908(b) and the Comprehensive Guidance for North Carolina Pretreatment Programs. The next PAR will be due March 1, 2014. Thank you for your continued support of the Pretreatment Program. If you have any questions, please contact me at (828) 296-4500 (Linda.Wiggs@ncdenr.gov) or Sarah Morrison at (919) 807-6310 (Sarah.Morrison@ncdenr.gov) or Monti Hassan, at (919) 807-6383 (Monti.Hassan@ncdenr.gov). Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office cc: ARO Files Central Files Sarah Morrison,PERCS Unit G:\WQ\SWP\Yancey\Wastewater\Nlunicipal\Bumsville WWTP 20290\pretreatment\PARreview.LTR.2012.docx WATER QUALITY PROGRAMS—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500 FAX:828 299-7043 Customer Service:1-877-623-6748 Internet:http://portal.ncdenr.ora/web/wq/ PERCS Unit:http:l/portal.ncdenr.orq/web/wg/swi)/ps/pret An Equal Opportunity\Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 27,2013 David Lutz, Public Services Director City of Brevard 95 West Main Street Brevard, NC 28712 Subject: Permit No.WQ0036741 City of Brevard Kings Creek Sewer Crossing Replacement Wastewater Collection System Extension Transylvania County Dear Mr. Lutz In accordance with your application received September 17, 2013 we are forwarding herewith Permit No.WQ0036741, dated September 27, 2013 to The City of Brevard for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. The Town must label these lines as"high priority lines"and treat them as such by providing inspection at least every six months and cleaning on an as-needed basis. It shall be responsibility of the The City of Brevard to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. WATER QUALITY SECTION North Carolina Division of Water Resources—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500 FAX:828 299-7043 Internet:www.rimaterauality.org An Equal Opportunity 1 Affirmative Action Employer G:;WQ',SWP\Transylvania\Collection Systems\Brevard Collection System WQCS000841ExtensionPermits,,W00036741.doc The City of Brevard WQ0036741 If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition,conforming to Chapter 150E of North Carolina - General Statutes,and filed with the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. If you need additional information concerning this matter, please contact Jeff Menzel at 828-296-4500 or via e-mail at jeff.menzel@ncdenr.gov. Sincerely, for Thomas A. Reeder Division of Water Resources �l cc: Jeffrey T. Brown, PE Transylvania County Health Department Transylvania Building Inspections Department Asheville Regional Office,Surface Water Protection Section Water Quality Central Files PERCS(electronic copy) .z City of Brevard WQ0036741 ...^:'"�.►�..r.r. r NCDEN STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the The City of Brevard Transylvania County for the construction and operation of approximately 360 linear feet of 12-inch gravity sewer to serve as part of the King's Creek Sewer Crossing Replacement project, and the discharge of 0 gallons per day of collected domestic and commercial wastewater into the City of Brevard's existing sewerage system, pursuant to the application received September 17, 2013 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 27 day of September, 2013. for Thomas A. Reeder Division of Water Resources By Authority of The Environmental Management Commission Permit Number:WQ0036741 The City of Brevard is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the City of Brevard's Wastewater Treatment Facility NC0060534 prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a-North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions. II.STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved,and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria ) adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T.0403. If an individual permit is not required,the following performance criteria shall be met as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. j e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall .include at least bi-an.nual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. -- 5. Noncompliance Notification: The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day,following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.;or b. Any SSO and/or spill over 1,000 gallons;or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO(or the most current Division approved form)within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO(or the most current Division approved form) can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities,,-.,,, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is \ fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary , to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation,Declarations/Covenants/Restrictions,and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines&force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project. c. Changes to the project that do not result in non-compliance with this permit, regulations,or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- J compliance with this permit (including pipe length increases of 10%or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification&activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T;the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. 10. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions,the Permittee shall take immediate corrective action, including those as may be required by this Division,such as the construction of additional or replacement facilities. 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies(local, state and federal)which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213.0200 and 15A NCAC 2H .0500. RACK ENGINEERING CERTIFICATION ermittee: CITY OF BREVARD Permit No.WQ0036741 Project: KINGS CREEK SEWER CROSSING REPLACEMENT Issue Date: 09/27/2013 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan& profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk)in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resultinq in non-compliance with this permit, regulations or minimum design criteria. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal,signature, and date: ....................................................................................... , SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS WATER QUALITY REGIONAL SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HWY 70 :...................................................................................... SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. DWR Use Only: Flow from this project is tributary to: NCO060534 Ay "A . , NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 27,2013 Danny McIntosh, Mayor Town of Burnsville PO Box 97 Burnsville,NC 28714-0097 Subject: NOTICE OF VIOLATION NOV-2013-DV-0205 Permit No. WQCS00143 Town of Burnsville Burnsville Collection System Yancey County Dear Mr. McIntosh: A review has been conducted of the Burnsville Collection System's self-reported Sanitary Sewer Overflows (SSO's)5-Day Report submitted by the Town of Burnsville. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS60143 and/or G.S. 143- 215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Sanitary Sewer Overflow(SSO) Violation Type OMC Pump Station 08/13/2013 28,000 gallons to land Discharge DWQ Incident#201301813 Without Valid Permit Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. 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 Linda Wiggs at 828-296- 4500. nen ,rf Davidson,P.G. Regional Supervisor Water Quality Section Cc: DWR ARO Files Central Files PERCS Unit G:\WQ\SWP\Yancey\Collection Systems\Bumsville Collection System\NOV-2013-DV-0205.SSO.doc Water Quality Section—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwaterguality.org1*11, \:. . l �, i \.y� ____ INCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 27,2013 Robert J. Boyette,City Manager City of Marion PO Drawer 700 Marion,NC 28752 Subject: NOTICE OF VIOLATION NOV-2013-DV-0206 Permit No. WQCS00075 City of Marion Marion Collection System McDowell County Dear Mr. Boyette: A review has been conducted of the Marion Collection System's self-reported Sanitary Sewer Overflows (SSO's)5-Day Report submitted by the City of Marion. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00075 and/or G.S. 143- 215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Sanitary Sewer Overflow(SSO) Violation Type Morgan St. and 478 08/15/2013 500 gallons (Youngs Fork) Discharge Rutherford Rd. Without Valid DWQ Incident# 201301828 Permit Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. 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 Linda Wiggs at 828-296- 4500. G. Landon Davidson,P.G. Regional Supervisor Water Quality Section Cc: DWR ARO Files Central Files PERCS Unit G:\WQ\SWP\McDowell\Collection Systems\Marion,City oACollection System\NOV-2013-DV-0206.SSO.doe Water Quality Section—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwaterguality.orci A ,� \�_; �:�% __ `��; WNW North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 30, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6698 Mr. Steve Sheets, CEO Linville Ridge Country Club P.O. Box 704 Linville,North Carolina 28646 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO062413 Linville Ridge Country Club Linville Ridge Country Club WWTP Case No. LV-2013-0175 Avery County Dear Mr. Sheets: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$397.50 ($250.00 civil penalty+ $147.50 enforcement costs) against Linville Ridge Country Club. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Linville Ridge Country Club for the month of June 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0062413. The violations which occurred in June 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Linville Ridge Country Club violated the terms, conditions or requirements of NPDES Permit NCO062413 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Linville Ridge Country Club: WATER QUALITY SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S.Highway 70,Swannanoa,NC 28778 Phone: (828)296-4500 FAX:(828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0062413, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for NH3-N- Cone. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0062413, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Conc. $250.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $397.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver,form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please .:pare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Resources also requests that -- you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 �\ Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson,P.G. Regional Supervisor Water Quality Section Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/attachments NPDES Point Source w/attachments WQ Central Files w/attachments James & James Environmental/ORC w/attachments G:WQ`•.SYb PR Avei-N,,\Wastewater.:Minors`.I,iiiville Ridge County Club 6341 14,V 2013-02?5).doe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0175 County: Avery Assessed Party: Linville Ridge Country Club Permit No.: NC0062413 Amount Assessed: $397.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: �. '�:_ Fes, `� ___ iE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF AVERY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS LINVILLE RIDGE COUNTRY CLUB/ ) LINVILLE RIDGE COUNTRY CLUB WWTP ) PERMIT NO.NCO062413 ) FILE NO. LV-2013-0175 Having been assessed civil penalties totaling$397.50 for violation(s)as set forth in the assessment document of the Division of Water Resources dated September 30, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of 120 SIGNATURE ADDRESS TELEPHONE a d W IL N V F W X W z E am 2 m G> E d m Q d O t >. _E N 0 Q O 0 Z O a w, ro o r� W ;g O N OJ e O W F'W g� 0) co J a U _F g � M J d Q W O� c E z Lu ~a O D� U U c Q �% m c o z W G N 7. > U J w a) d Q W U. OW M M Q Gi :3 H Q <O O Z O M IL � w o ('0 0 J U > 3 U w C O U 0 'G w c c W W U U M M a z z J }} Z F C m N J Q > > V C W W LL J J LLLL a o 0 O Cl) T- O z� M M U) 00 O O = Fp• N N U O Z w co CC) Z (�� O O � F o a E w "' N J a e� ,\ �� \\ ��_ �? ��Ji __. l �', A. NCD� � North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 30, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6681 Mr. Ed Nunez, Registered Agent Vista Developers, LLC 525 North Main Street Hendersonville,North Carolina 28792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO088056 Vista Developers, LLC Blacksmith Run WWTP Case No. LM-2013-0026 Henderson County Dear Mr.Nunez: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$266.50 ($119.00 civil penalty+ $147.50 enforcement costs)against Vista Developers, LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Vista Developers, LLC for the month of June 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0088056. The violations which occurred in June 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Vista Developers, LLC violated the terms, conditions or requirements of NPDES Permit NCO088056 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Vista Developers, LLC: WATER QUALITY SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500 FAX: (828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0088056,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for FLOW. For 0 of the 2 failures to properly monitor FLOW in violation of $.00 NPDES Permit No.NC0088056. $44.00 For 1 of the 1 failures to properly monitor TOTAL P- Conc in violation of NPDES Permit No.NC0088056. $75.00 For 1 of the 1 failures to properly monitor TOTAL N- Conc in violation of NPDES Permit No.NC0088056. $119.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $266.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed l below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty ,essment document. Because a remission request forecloses the option of an administrative nearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5)business days following the faxed transmission. The mailing address for the Office of Administrative Hearings�1.1 is: \ Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson,P.G. Regional Supervisor Water Quality Section Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/attachments NPDES Point Source w/attachments WQ Central Files w/attachments RPB Systems/ORC w/attachments G:`,btC).SLI'1'':Ileudeison;�`asteclat�r'. 'tine ':13lscksrr�i lr Run 890 6T_k1-201 0026.uoc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2013-0026 County: Henderson Assessed Party: Vista Developers,LLC/ Blacksmith Run Permit No.: NCO088056 Amount Assessed: $266.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: �:_ f ��,1 �� �_, lE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS VISTA DEVELOPERS LLC / ) BLACKSMITH RUN WWTP ) PERMIT NO.NCO088056 ) FILE NO. LM-2013-0026 Having been assessed civil penalties totaling$266.50 for violation(s)as set forth in the assessment document of the Division of Water Resources dated September 30, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE Wa CDaW o 0 0 0 F- W F o 0 0 0 Z rn Z O O U U U U g Q g 3 m 0 L 0 m 0 d 0- LL LL LL LL a 0 z 0 0 w > > O� v O_ e e w w F-W � F'W g3 � g3 J> N J� U � U c O o J o �I C GI W W Z ZLU Q LU E ZQ E E E E O U O V C A 1 Q J F- H 0 Z Z > > W �' N j 7 3 = m m O. C! c C c c O J �- d W W O W r `'- M- Q O H F- H w 0 0 0 0 0 0 0 > > U a c U U = W W 0 U E LUQ LU z a 19 R J J a i a i U- F- of m !- O O c c c c JQ a) Q 0) > V 0 w 0 W W W W J J Qa o Qa Fo CD LL o 0 0 0 O W O Cl O 0co Z O coo 2 m �K c+� c� ro c� N � _ G c �a Cl O Da N N N N V O 0 (O O� 6 CD 6CO Z 0 r 0 0 CD W E i t» c Q W » � �0. J a CL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 30, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6704 Mr. A. Dale Owen 15 Adventure Ridge Road Brevard,North Carolina 28712 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO086223 A. Dale Owen Adventure Village WWTP Case No. LV-2013-0174 Transylvania County Dear Mr. Owen: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$747.50 ($600.00 civil penalty+ $147.50 enforcement costs) against A. Dale Owen. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by A. Dale Owen for the month of June 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0086223. The violations which occurred in June 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A. Dale Owen violated the terms, conditions or requirements of NPDES Permit NCO086223 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, l, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against A. Dale Owen: WATER QUALITY SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70,Swannanoa,NC 28778 Phone: (828)296-4500 FAX:(828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0086223,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for NH3-N- Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0086223,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD -Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0086223,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N - Conc. $600.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $747.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: r Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty ,sessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. -, In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings \ 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, .G. Regional Supervisor Water Quality Section Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/attachments NPDES Point Source w/attachments WQ Central Files w/attachments Trevor McMinn/ORC w/attachments G:G�-'Q�it�`k":"t'ran5�lvan�a:t��iti�sati:r.!�lincjr�:�ldveut�rr�Village 8622 ,LV-?013-(li?4.a1oc `' JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0174 County: Transylvania Assessed Party: A. Dale Owen/ Adventure Village WWTP Permit No.: NCO086223 Amount Assessed: $747.50. Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to.consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: A ``� , �� �_, __ -_ i'E OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS A. DALE OWEN/ ) ADVENTURE VILLAGE WWTP ) PERMIT NO.NCO086223 ) FILE NO. LV-2013-0174 Having been assessed civil penalties totaling $747.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 30, 2013, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE W N N a) CL w w w a) a) CD Gl O E g z 0 L > W O J M t a, c w i—w w g3 U a J N Q V !0 cu ' rL M N T � N J C ~ W LLQ� O cm cm E E E Z FEUJ Q O C.� et ti 0 Q eh c}i w ; N w I n T T T O J w d aa)i aa) C w LL z c W O o 0 0 Q � U a F- m rn > v o W V C C 7 W o U U C 2 U Z Z m Z Z a Z O c c c J Q 7 m 3 (� Q W W W LL J J FALL-a o 0 0 O M N O Z fh Cl) CM C 0a N N N V C Z K (O CO V7 Z R O > I' o O O w = Q o 0 0 Z N o n d J w S 14 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 30, 2013 Michael T. Durham 6388 Mountainside Drive Hickory,NC 28601 A. Miles Champion, Jr., P.E. 1142 11" St. Cir. NW Hickory, NC 28601 Subject: Request for More Information 401 Water Quality Certification Project Name: Michael Durham DWQ Project#2013-0882 Caldwell County Response deadline:October 15, 2013 Dear Messrs. Durham and Champion: The Division of Water Resources (DWR)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. Please submit and return an agent authorization form (attached). 2. Provide and differentiate between temporary (grading) and permanent (impervious area of the wall) impacts in zone 1 (first 30 feet) and zone 2 (last 20 feet between 30 and.50 feet). The application indicates 7000 sq. ft. of total disturbance please explain and outline impacts in this area. WATER QUALITY SECTION North Carolina Division of Water Resources—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer Michael Durham September 30, 2013 Page 2 of 2 l Please provide your response in writing to the addresses below prior to October 15, 2013. Four copies of the required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit at: Ms. Karen Higgins WBSCP Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Tim Fox 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 DWR. Please call Tim Fox (828) 296-4664, if you have any questions. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: Karen Higgins - WBSCP Unit Granite Falls County Planning ARO File copy G:\WQ\SWP\Caldwell\401s\Non-DOT\Michael Durham\ADDINFO.401Michael Durham .09-30-13.docx