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This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions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
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,-
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___
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
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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
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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
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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
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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
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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
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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
.... ..._.... ...... . ... . ........
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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
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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
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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
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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 �
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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
��
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/��',
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
�.
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���\
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_..
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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
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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
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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
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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
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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
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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
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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:
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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
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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 �/
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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
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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
��
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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
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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
.\
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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:
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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
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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
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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
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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,
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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
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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:
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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
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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
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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:
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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
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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
``� ,
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__
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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
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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