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HomeMy WebLinkAboutDWR Read File Archive Oct 2013 •.....- A 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 October 1, 2013 Jerry Walker, Mayor Town of Clyde P. O. Box 386_ Clyde, North Carolina 28721 Subject: Permit No. WQ0O36746 Town of Clyde Fire Station Branch Sewer Line Replacement Wastewater Collection System Extension Haywood County Dear Mayor Walker: 1n accordance with your application received September 20, 2013, we are forwarding herewith Permit No.WQO036746, dated October 1, 2013, to the Town of Clyde for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter 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 11.4: 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. It shall be responsibility of the Town of Clyde 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. 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. 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.nmaterquality.org An Equal Opportunity,Affirmative Action Employer G:\WQ'iS'JVP+Haywood\Collection Systems\Clyde WQCS00259%W00036746 Fire Station replacement.doc Town of Clyde WQ0036746 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 cc: J.C. Williams, PE, McGill Associates, P.A. Haywood County Health Department Asheville Regional Office,Water Quality Section Waynesville Wastewater Treatment Plant NC0025321 Water Quality Central Files PERCS(electronic copy only) of Clyde ,,t0036746 NCDENR 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 Town of Clyde Haywood County for the construction and operation of approximately 807 linear feet of 8-inch gravity sewer and approximately 204 linear feet of 10-inch gravity sewer as part of the Fire Station Branch Sewer Line replacement project, and the discharge of 0 gallons per day of collected domestic and commercial, wastewater into the Waynesville Wastewater Treatment Plant NCO025321 existing sewerage system, pursuant to the application received September 20, 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 15t day of October,2013. for Thomas A. Reeder Division of Water Resources By Authority of The Environmental Management Commission Permit Number:WQ0036746 The Town of Clyde 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 Waynesville Wastewater Treatment Facility(NPDES Permit No. NC0025321) 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. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a)through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. S. 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 11 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 facilitb. 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- 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 l have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 26 .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. /:. �� l f i� _.___ _.__.. ACK ENGINEERING CERTIFICATION Attee: Town of Clyde Permit No.WQ0036746 iject: Fire Station Branch Sewer Line Replacement Issue Date: 01/10/13 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 resulting in non-compliance with this permit, regulations or minimum design criteria Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION l 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 ([I 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. 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 October 2,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70121010 0002 1967 6711 Mr. James J. Schenker, Environmental Associate T A Operating LLC Candler Travel Center 24601 Center Ridge Road Westlake, Ohio 44145-5634 Subject: Notice of Violation and :Recommendation for Enforcement ;Tracking#: NOV-2013-LV-0553 ;Candler Travel Center WWTP NPDES Permit No.NCO085952 ;Buncombe County Dear Mr. Schenker: 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/ 00/2013 001 BOD 14.3 mg/1 7.5 mg/1 07/31/2013 001 BOD 5.26 mg/1 5.0 mg/1 07/03/2013 001 DO 5.8 mg/1 6.0 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.NC0085952. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. '143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2013 Discharge Monitoring Report. You will then be notified of any --civil penalties that may be assessed regarding the violations. If no response is received in this Office within -the 10-day period, a civil penalty assessment may be prepared. WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296 4500 FAX (828 A29 Equal Opportunity(Affirmative43 Internet: 2Action Employer 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Mr. James J. Schenker October 2, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of,,. Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch Ci:'WQ'ZSA P'%Bunct)mbe,Wa..stexN!ateil,.Minors�.Canciler"i'raeel Center$i952',N0V-NRE-2013-LV-0i5 .doc NCDENR l 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 October 2,2013 CERTIFIED MAIL RETURN f2ECEIPT REQUESTED 7012 1010 0002 1967 6728 Mr. Jeffrey Wakefield Columbia Forest Plywood Products P.O. Box 448 Old Fort,N'iorth Carolina 28762 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 NCO087076 Columbia Forest Plywood Products Case No. LV-2013-0176 McDowell County Dear Mr. Wakefield: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$497.50 ($350.00 civil penalty+ $147.50 enforcement costs) against Columbia Forest Plywood Products. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Columbia Forest Plywood Products 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 NC0087076. 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 Columbia Forest Plywood Products violated the terms, conditions or requirements of NPDES Permit NCO087076 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 S upervisor for the Asheville Region,hereby make the following civil penalty assessment against Columbia Forest Plywood Products: 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.enc state.nc.us An Equal Opportunity/Affirmative Action Employer I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No $100.00 NC0087076,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/SET. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0087076, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/SET. $350.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $497.50 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 ,ire a detailed statement that establishes why you believe the civil penalty should be .nitted, 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 C; WQ Sly I"IN-1cDo�vc11 Et istewater`.fnclustrial C:oiuinbia 970;i:L.:V-?O1_,-G 176.doc _/ JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0176 County: McDowell Assessed Party: Columbia Forest Plywood Products Permit No.: NC0087076 Amount Assessed: $497.50 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: � � 1 �,`, �. ( � \_ OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ,OUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS COLUMBIA FOREST PLYWOOD PRODUCTS ) PERMIT NO.NCO087076 ) FILE NO. LV-2013-0176 Having been assessed civil penalties totaling $497.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 2, 2013, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE �� ,� �,, i`4_ � W N u F- W W 2 E rn O m d F E d > 2O _T Z > a' L a Z 76 � o u > o 0 w O J N e W FW N N Q O O J� Q V GI ~ N o 0 O J G t> rL W O� — — Z zQ E E > M> tt U 7 p ti rn rn IL , co co L L Q M U w m z o 0 W W 3 N a a = d LL O O U H d w Q � m Q c W u°. z ) g a z:co g o 0 ECl) ' O U O` o a U V O O 3 % CL N d O IK U. w la W F- t- .0 z LU w E QQ p a LU ui ui U z H O c W W Q O LL J U.d o 0 O m ti t7 0 2 w cm c+� o C 00 N N C� O iK to W z = O cd 1- O w LO IL J d Fa .�.-..� F 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 October 2, 2013 David Dew, President Lake Toxaway Company 4366 West Club Boulevard Lake Toxaway,NC 28747 Subject: Notice of Deficiency NOD-2013-PC-0390 Permit No.WQ0000731 Non-Conjunctive Wastewater Treatment and Reclaimed Water Utilization System Transylvania County Dear Mr. Dew, On September 6, 2013 staff of the NC Division of Water Resources (DWR), Water Quality Section (WQS), inspected the subject Non-Conjunctive Wastewater Treatment Irrigation System. We wish to thank Mr. Keith Bond and Mr. Kell Bond who were present and assisted during the inspection. The purpose of the visit was to conduct the annual compliance inspection. The following items were deficient at the time of the inspection. (Also please refer to the attached inspection report): 1. The wastewater treatment plant should be painted to prevent rust damage. The eastern most extended aeration unit,the aerated surge tank and the tertiary filter/chlorine contact tank are noticeably rusted. This was noted in the 2012 inspection. Keith Bond secured two estimates for sand blasting/painting the WWTP and this information was given to Lake Toxaway but no action was taken. 2. The dam on the effluent storage ponds should have a good stand of grass to allow for inspection of the dam. There is a lot of woody vegetation and there appeared to be a small eroded/depressed area that should be investigated. This was also noted in the last inspection. 3. An education program should be developed to inform users (including employees) about the proper use of reclaimed water. (Please see Permit Condition III.16.) 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.ennstate.ne.us An Equal Opportunity/Affirmative Action Employer Mr.Dew NOD-2013-PC-0390 October 2,2013 Page 2 of 2 You are required to take corrective measures regarding the Items 1 and 2 before the next inspection. Item 3 should be submitted within 30 days of receipt of this Notice. Please note that failure to comply with the State's rules, in the manner and time specified, may result in the assessment of additional civil penalties and/or the use of other enforcement mechanisms available to the State. Additionally, please place a sign notifying the public of the use of reclaimed water for irrigation purposes, in plain view in the clubhouse. If you have any questions concerning this inspection or the necessary corrective measures, you may contact Bev Price via email at bev.price@ncdenr.gov or at(828) 296-4685. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: Keith Bond, WWTP ORC 99 Maple Hill Road Penrose NC 28766 w/enclosure ARO-WQ Files Compliance Inspection Report ermit: WO0000731 Effective: 02/15/12 Expiration: 10/31/16 Owner: Lake Toxaway Company SOC: Effective: Expiration: Facility: Lake Toxaway Co-Golf Course N Club Blvd County: Transylvania Region: Asheville Lake Toxaway NC 28747 Contact Person: David Dew Title: Operations Manager Phone: Directions to Facility: From Brevard:go West on Hwy 64 to Hwy.281 N.,turn left onto Cold Mt. Rd.,go appx.2 miles and turn left to North Club Blvd.,go a px.2 miles to Maintenance Fa ity(WWTTP),turn right onto gravel road. WWTP is 0.25 mile on the right. System Classifications: 0, WWZ, Primary ORC: Steven Edgar Turner Certification: 995179 Phone: 828-966-4020 Secondary ORC(s): On-Site Representative(s): 24 hour contact name H.Keith Bond Phone: 828-884-2770 On-site representative H.Keith Bond Phone: 828-884-2770 Related Permits: Inspection Date: 09/06/2013 Entry Time: 09:30 AM Exit Time: 10:30 AM Primary Inspector: Beverly Price Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Wastewater Irrigation Facility Status: ❑ Compliant ■Not Compliant Question Areas: ■ Miscellaneous Questions ®Treatment Flow Treatment Flow Treatment Flow Measurement-Effluent ■Measurement-Influent Measurement-Water Use Records Treatment Barscreen Treatment Filters 0 Record Keeping Treatment Activated Sludge Treatment Clarifiers Treatment Disinfection ■Treatment Flow Treatment Return pumps Measurement Storage End Use-Reuse (See attachment summary) Page: 1 Permit: WQ0000731 Owner-Facility: Lake Toxaway Company Inspection Date: 09/06/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Flow meter was calibrated 8/15/13. Activated sludge very light in color. Color is possibly due to removing solids too often; solids were pumped the day before the inspection. ORC indicated they might cut back on frequency of solids removal. Static plates are washed usually once per month. Maintenance Issues: 1.The east side wastewater treatment plant is very rusted. This was noted in last years inspection. Keith Bond secured two estimates for sand blasting/painting the WWTP and this information was given to Lake Toxaway but no action was taken. 2.The dam on the two holding ponds still has a significant amount of woody vegetation. It is difficult to inspect the dam in this condition but it appeared that there were a couple of eroded/depressed areas that should be investigated. This was also noted in the last inspection. Page: 2 Permit: WQ0000731 Owner-Facility: Lake Toxaway Company inspection Date: 09/06/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Type Yes No NA NE Lagoon Spray,LR 0 Infiltration System Q Activated Sludge Drip,LR El Activated Sludge Spray, HR Q Activated Sludge Spray, LR 0 Single Family Spray, LR Q Single Family Drip Q Recycle/Reuse Q Reuse(Quality) Treatment Flow Measurement-Influent Yes No NA NE Is flowmeter calibrated annually? 0 0 0 11 Is flowmeter operating properly? Q 0 ■ Q Does flowmeter monitor continuously? n Does flowmeter record flow? ❑ 0 Q ` Does flowmeter appear to monitor accurately? n ❑ 0 Comment: Treatment Flow Measurement-Water Use Records Yes No NA NE Is water use metered? Q ❑ 0 n Are the daily average values properly calculated? 0 0 M Q Comment: Treatment Flow Measurement-Effluent Yes No NA NE Is flowmeter calibrated annually? O Q Q Is flowmeter operating properly? 0 Q Does flowmeter monitor continuously? ❑ ❑ ❑ Does flowmeter record flow? M ❑ Q Does flowmeter appear to monitor accurately? MCI 0 ❑ Comment: Flow is manually recorded. Yes No NA NE Treatment Barscreen Is it free of excessive debris? \ Is disposal of screenings in compliance? M Q Q ❑ Page: 3 Permit: WQ0000731 Owner-Facility: Lake Toxaway Company Inspection Date: 09/06/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Are the bars spaced properly? ■ ❑ ❑ ❑ Is the unit in good condition? ■ Q ❑ Q Comment: Treatment Activated Sludge Yes No NA NE Is the aeration mechanism operable? ■ 0 ❑ Q Is the aeration basin thoroughly mixed? ■ 0 ❑ 0 Is the aeration equipment easily accessed? ■ Q ❑ Q Is Dissolved Oxygen adequate? ■ ❑ 0 Are Settleometer results acceptable? IF, 0 Q ■ Is activated sludge an acceptable color? ■ Q 0 0 Comment: Treatment Clarifiers Yes No NA NE Are the weirs level? ■ fl ❑ 0 Are the weirs free of solids and algae? ■ ❑ Is the scum removal system operational? ■ 0 ❑ 0 Is the scum removal system accessible? ■ n 0 Is the sludge blanket at an acceptable level? n fl ❑ ■ Is the effluent from the clarifier free of excessive solids? ■ ❑ 0 Q Comment: Treatment Return pumps Yes No NA NE Are they in place? ■ Q n Q Are they operational? ■ n ❑ 0 Comment: Treatment Filters Yes No NA NE Is the filter media present? ■ n fl 11 Is the filter media the correct size and type? ■ 0 0 Q Is the air scour operational? [I ❑ ■ 0 Is the scouring acceptable? Q ❑ ■ Is the clear well free of excessive solids? ■ Q 0 0 Is the mud well free of excessive solids and filter media? Q Q ■ n Page: 4 Permit: WQ0000731 Owner-Facility: Lake Toxaway Company ,nspection Date: 09/06/2013 inspection Type: Compliance Evaluation Reason for Visit: Routine Does backwashing frequency appear adequate? ■ ❑ ❑ ❑ Comment: Treatment Disinfection Yes No NA NE Is the system working? ■ ❑ ❑ ❑ Do the fecal coliform results indicate proper disinfection? 0013 ❑ Is there adequate detention time(>=30 minutes)? ■ ❑ ❑ ❑ Is the system properly maintained? ■ ❑ ❑ ❑ if gas,does the cylinder storage appear safe? ❑ Cl ■ fl Is the fan in the chlorine feed room and storage area operable? ❑ ❑ ■ ❑ Is the chlorinator accessible? ■ ❑ ❑ ❑ If tablets,are tablets present? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ is contact chamber free of sludge,solids,and growth? ■ ❑ ❑ ❑ If UV,are extra UV bulbs available? ❑ ❑ ■ ❑ If UV, is the UV intensity adequate? #Is it a dual feed system? ❑ ■ ❑ ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ❑ ❑ ■ ❑ If yes,then is there a Risk Management Plan on site? Cl ❑ ■ ❑ if yes,then what is the EPA twelve digit ID Number?(1000- - ) If yes,then when was the RMP last updated? Comment: Record Keeping Yes No NA NE Is a copy of current permit available? ❑ ❑ ❑ ■ Are monitoring reports present: NDMR? ■ ❑ ❑ ❑ NDAR? ■ ❑ ❑ ❑ Are flow rates less than of permitted flow? ■ ❑ ❑ ❑ Are flow rates less than of permitted flow? ■ ❑ ❑ ❑ Are application rates adhered to? ■ ❑ ❑ 0 Is GW monitoring being conducted,if required(GW-59s submitted)? ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ Are all samples analyzed for all required parameters? Page: 5 Permit: WQ0000731 Owner-Facility: Lake Toxaway Company Inspection Date: 09/06/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Are there any 2L GW quality violations? ❑ ❑ ■ ❑ � Is GW-59A certification form completed for facility? ❑ ❑ ■ ❑ Is effluent sampled for same parameters as GW? ❑ ❑ ■ 0 Do effluent concentrations exceed GW standards? ❑ ■ ❑ ❑ Are annual soil reports available? ❑ ❑ ■ ❑ #Are PAN records required? ❑ ❑ ■ 0 #Did last soil report indicate a need for lime? ❑ ❑ ■ ❑ If so,has it been applied? 0 0 ■ 0 Are operational logs present? ■ ❑ ❑ ❑ Are lab sheets available for review? ■ ❑ 0 0 Do lab sheets support data reported on NDMR? ■ 0 0 ❑ Do lab sheets support data reported on GW-59s? ❑ ❑ ■ ❑ Are Operational and Maintenance records present? ■ 0 ❑ 0 Were Operational and Maintenance records complete? ■ fl ❑ n Has permittee been free of public complaints in last 12 months? ■ ❑ 0 n Is a copy of the SOC readily available? ❑ ❑ ■ ❑ No treatment units bypassed since last inspection? ■ ❑ ❑ ❑ Comment: Effluent does not exceed groundwater standards. End Use-Reuse Yes No NA NE Is the acreage in the permit being utilized? ■ ❑ ❑ ❑ Does the acreage specified in the permit correspond to the measured acreage at the site? ❑ ❑ ❑ ■ Are all essential units provided in duplicate? ■ ❑ ❑ ❑ Is an automatically activated standby power source available? ❑ ■ ❑ ❑ Is the equalization capacity adequate? ■ ❑ Cl ❑ Is aerated flow equalization present? ■ ❑ ❑ ❑ Has the turbidity meter been calibrated in the last 12 months? Cl 0 ■ ❑ Does the turbidity meter have recording capabilities? 0 0 ■ 0 Is all flow diverted at the appropriate times? ❑ ❑ ■ ❑ Is all upset wastewater diverted from reuse storage unit? ❑ ❑ ■ ❑ Is all upset wastewater treated, retreated,or disposed of acceptably? ■ I1 I❑ Q �4 Page: 6 Permit: WQ0000731 Owner•Facility: Lake Toxaway Company ,nspection Date: 09/06/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Is upset wastewater treated prior to discharge to irrigation storage? N ❑ 11 Is public access restricted from irrigation area during active site use? ❑ 0 0 Q If golf course, is a sign posted in plain sight on the club house? ❑ N Q ❑ Is the cover crop acceptable? 0 ❑ Q Are buffers adequate? ❑ ❑ ❑ Is the site free of ponding/runoff? Q Q Q 0 Is the acreage in the permit being utilized? 0 Q Q Q Is the application equipment acceptable? 0 Q ❑ ❑ Is the application area free of limiting slopes? 0 Q ❑ ❑ How close is the closest water supplywell? 0 Q Q Are any supply wells within the CB? 0 N 0 Q Are any supply wells within 250' of the CB? 0 Q Q Is municipal water available in the area? Q 0 Q Q Are GW monitoring wells required? ❑ N Q ❑ Are GW monitoring wells located properly w/respect to RB and CB? ❑ Q 0 Q ,- Are GW monitoring wells properly constructed,including screened interval? ❑ ❑ N Q Comment: Standby generator is available but not on site. It would have to be brought in by Aubrey Deaver(A&D Water Services, Inc.) A sign notifying the public of the use of reclaimed water is needed in the clubhouse; the sign notifying the public of the use of reclaimed water for irrigation had been removed from the golf cart rental area. The sprayfield is a golf course so public access is not restricted. 5 DAY DETENTION POND - Yes No NA NE Storage Pond Storage Type? Storage amount? #At what point is side-stream wastewater returned to treatment? this system was not designed to return side-stream water to the head of the WWTP. Is there a Spill Control Plan? ❑ ❑ 0 Q NONE l Aerated or Mixed? Page: 7 Permit: W00000731 Owner-Facility: Lake Toxaway Company Inspection Date: 09/06/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine If aeration is present,is it adequate? ❑ ❑ 0 ❑ If present,are diffusers cleaned regularly? ❑ El 0 f1 Is influent structure acceptable? M ❑ ❑ ❑ Are banks/berms free of seepage and erosion? ■ ❑ ❑ ❑ Are banks/berms free of excessive vegetation? ❑ ■ ❑ ❑ Is pond lined? 0000 Liner Type Full,synthetic Is liner acceptable? ■ ❑ ❑ ❑ Are baffles/curtains acceptable? ❑ ❑ 0 ❑ Does the pond have a freeboard marker? 0 ❑ ❑ ❑ Required freeboard? 2 Feet Feet Actual freeboard? 8 Is there suitable grassed vegetation? ❑ M ❑ ❑ Is the vegetation maintained? ❑ 0 0 ❑ Is the area free of excessive weeds and/or woody species? ❑ ■ ❑ ❑ Is the area free from signs of overflow? M ❑ ❑ ❑ Is color acceptable? n ❑ w ❑ Are floating mats acceptable? ❑ ❑ M ❑ No excessive buildup of solids? ■ ❑ ❑ ❑ Are aerators/mixers acceptable? ❑ ❑ m ❑ Is effluent structure acceptable? M ❑ n f1 If present, is pond cover acceptable? ❑ ❑ ❑ ❑ Comment: Lots of vegetation, woody and otherwise on the pond dam; it is difficult to inspect the dam but there were some areas that appeared to be eroded/depressed. These areas should be evaluated. This was noted during the last inspection. IRRIGATION POND - Storage Yes No NA NE Storage Type? Pond l Li Storage amount? Page: 8 Permit: WQ0000731 Owner-Facility: Lake Toxaway Company inspection Date: 09/06/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine #At what point is side-stream wastewater returned to treatment? Is there a Spill Control Plan? Q NONE Aerated or Mixed? If aeration is present, is it adequate? El ■ If present,are diffusers cleaned regularly? ❑ 0 E 0 Is influent structure acceptable? Q 0 Are banks/berms free of seepage and erosion? 0 ❑ Q Are banks/berms free of excessive vegetation? ❑ 0 0 Is pond lined? Q 0 ❑ Full,synthetic Liner Type Is liner acceptable? ❑ n Are baffles/curtains acceptable? ❑ Cl 0.❑ Does the pond have a freeboard marker? 0 Q ❑ 2 Required freeboard? Feet 2.5 Actual freeboard? Feet Is there suitable grassed vegetation? ❑ 0 0 ❑ Is the vegetation maintained? Q 0 0 ❑ Is the area free of excessive weeds and/or woody species? 0 M Q Is the area free from signs of overflow? 0 n n Q Is color acceptable? Q ❑ 0 0 Are floating mats acceptable? ❑ ❑ 0 Q No excessive buildup of solids? E I] ❑ 0 Are aerators/mixers acceptable? ❑ 0 Q Is effluent structure acceptable? 0 0 D Q If present,is pond cover acceptable? O 0 0 Q - Comment: Dam needs to be cleared of woody vegetation. This was noted during the last inspection. Page: 9 7yA 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 October 3, 2013 Mr.Tony Konsul Carolina Water Service Inc. of North Carolina P.O. Box 240908 Charlotte, North Carolina 28224-0908 Subject: NOTICE OF VIOLATION NOV-2013-LV-0666 Permit No. NCO022985 Fairfield Sapphire Valley WWTP Jackson County Dear Mr. Konsul: A review of Fairfield Sapphire Valley WWTP's monitoring report for July 2013 showed the following violation: \ Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 07/10/2013 400#/100ml 960#/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 8281296-4600. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files G:\WQ1SWP\JacksonWAlastewater\Minors\cws Fairfield Sapphire Subd 229851NOV-2013-LV-0566.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX An Equal Opportunity/Af-7043 firmative e 2Act on Employes 2090 U.S.Highway 70,Swannanoa,N.C. 28778 � i /._.. �f, ___ - II WNW North Carolina Department of Environment and Natural Resources Division.of Water Resources Water-Quality Programs Pat McCrory Tb.omas A.Reeder John E Skvarta,III Governor Director Secretary October 3,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6759 Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC Cedar Hill WWTP P.O. Box 20670 Charleston, South Carolina 29413 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0560 Cedar Hill WWTP NPDES Permit No.NCO068918 _ Jackson County Dear Mr. Jones: A review of the July 2013 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 07/09/2013 001 Fecal coliform 600#/ 100 ml 400 #/ 100 ml 07/31/2013 001 Fecal coliform 202.3 #/ 100 ml 200#/ 100 ml 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.NC0068918. 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)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. Cody S. Jones October 3, 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 f <i:WQ)SLVP:.Iacksoji;IWaste%%,atcrti42iui rs'.C'cdar Hill(Resources Planning')68918.N(..)V-NRI_-301,-I.V-0560.doc � RM NR North Carolina Department of Environment and Natural Resources Division of Water Resources t&'ater Quality Programs Pat McCrory Thomas A.Reeder John E Skvarla,III Governor Director Secretary October 3, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6766 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-LV-0559 High Vista Falls WWTP NPDES Permit No.NCO089095 Henderson County Dear Mr. Deaver: 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 07/11/2013 001 Fecal coliform 600 #/ 100 ml 25 #/ 100 ml 07/25/2013 001 Fecal coliform 27#/ 100 ml 25 #/ 100 ml 07/31/2013 001 Fecal coliform 22.2 #/ 100 ml 14#/ 100 ml 07/31/2013 001 Ammonia Nitrogen 1.15 mg/1 1 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.NC0089095. 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)296-4500 FAX (828)29 -04 Opportunity IntAffiernet: h2o.enr. Employer 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Mr. Aubrey L. Deaver October 3, 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, < —C G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch dJ: �,1'O'.SLh;"le��.cle-r�on,it'tzstetti�Eer`Ylino�s`.Higl�Vista Fails 89095'1N(.)V-NR -2(31.4- -0559.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, lil Governor Director Secretary October 3, 2013 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2013-LV-0561 Permit No. NCO086436 Cane Creek Elementary School WWTP Buncombe County Dear Mr. Hall: A review of Cane Creek Elementary School's WWTP monitoring report for July 2013 showed the following violation: Date Limit Value Reported Value Limit Type Parameter Solids, Total Suspended - 07/24/2013 45 mg/1 54 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water 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, �Lanavidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files RPB Systems/ORC ;:\1A'Q1SWP\Buncombe\Wastewater\Minors\Cane Creek Middle Sch 86436\NOV-2013-LV-0561.doc WATER QUALITY SECTION net: h2o.enr.state.nc.us North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (An Equa828) l Opportunity/Affi-7043 rmative e Acton Employer 2090 U.S.Highway 70,Swannanoa,N.C. 28778 /- �� J RMENR North Carolina Department of Environment and Natural Resources Division of Water Resources -,at McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director October 3, 2013 Garlon and Cynthia Prewitt 35 Laurel Street McKenzie, TN 38201 Subject: 401 Water Quality Certification -Approval Project Name: Garlon and Cynthia Prewitt—Lot 10 DWQ Project#2013-1037 Rutherford County Broad River Basin/Lake Lure/9-(17)/B; Tr Dear Mr. and Ms. Prewitt: 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 0.05 acres of open waters for the purpose of shoreline and 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 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, 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 Waters 0.05 (acres) 2,394 sq. ft. Application Items 7 and 8a Location:2090 U.S.Highway 70,5wannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043 NorthCarOlina Internet:www.ncwaterqualiry.org ra//�{�}atuy An Equal Opportunity\Affirmative Action Employer J�/ ` " Garlon and Cynthia Prewitt October,3 2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result 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 ad judicatory 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 T AR/trf Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office Kim Warner—P.E. LLC Clint Calhoun—Town of Lake Lure WBSCP Unit—Central Office File Copy G:\WQ\SWP\Rutherford\401s\Non-DOT\Garlon& Cynthia Prewitt\APRVL.40 1 Prewitt.10-03-13.doc RMENR 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 October 3, 2013 Piedmont Natural Gas Attn: Jim Kalish 4720 Piedmont Row Drive Charlotte,NC 28210 Subject: 401 Water Quality Certification -Approval Project Name: PNG Lenoir HP DWQ Project#2013-0958 Caldwell County Upper Catawba/Gunpowder Creek/ 11-55-(0.5)/C Dear, Mr. Kalish: 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 0.51 acres of wetlands and 233 feet of streams for the purpose of natural gas pipeline installation at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3884. This Certification allows you to use Nationwide Permit 12 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 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. 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 Piedmont Natural Gas October 3, 2013 Page 2 of 3 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 233 (feet) Application Item 3a. 404/CAMA Wetlands 0.51 (acres) Application Item 2a. Additional Conditions • Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. 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. Sincerely, for Thomas A. Reeder TAR/trf Enc: GC 3884 Certificate of Completion imont Natural Gas .)ctober 3, 2013 Page 3 of 3 cc: Joey Lawler,P.W.S—S&ME Tasha McCormick-USACE Asheville Regulatory Field Office WBSCP Unit—Central Office County Planning File Copy G:\WQ\SWP\Caldwell\401s\Non-DOT\PNG Lenoir HP\APRVL.PGN Lenoir HP.10.01.13.docx \ \ \._WJ F 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 October 4, 2013 Mr. Danny McIntosh, Mayor Town of Burnsville P.O. Box 97 Burnsville, North Carolina 28714-0097 Subject: NOTICE OF VIOLATION NOV-2013-LV-0569 Permit No. NCO020290 Burnsville WWTP Yancey County Dear Mayor McIntosh: A review of Burnsville WWTP's monitoring report for July 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 07/31/2013 0.8 mgd 0.84 mgd Monthly treatment plant Average Exceeded 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. 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, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files Water Quality Lab & Operations/ORC G:1WQ�SWP\Yancey\xNastewater\Municipa!\Burnsville WWTP 202901NOV-2013-LV-0569.dcc 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 �\ �� l_`, �' ,_ '� �_ 4 WD-ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. S rl III Secretary Governor Director Seary October 4, 2013 Mr. Alfred B. Thompson Camp Carolina P.O. Box 919 Brevard, North Carolina 28712-0919 Subject: NOTICE OF VIOLATION NOV-2013-MV-0099 Permit No. NCO055336 Camp Carolina WWTP Transylvania County Dear Mr. Thompson: A review of Camp Carolina WWTP's monitoring report for July 2013 showed the following violations: Parameter Date Measuring Frequency Violation / Chlorine, Total Residual 07/13/2013 2 X week Failure to Monitor Chlorine, Total Residual 07/20/2013 2 X week Failure to Monitor Chlorine, Total Residual 07/27/2013 2 X week Failure 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 Water Quality Section cc: WQ Asheville Files WQ Central Files Keith Bond/ORC G:\W0\SWP\Transylvania\Vvastewater\Minors\Camp Carolina 55336\N10V-2013-LV-0099.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (An Equa828) l Opportunity/Affi-7043 rmative e 2Ac on Employer 2090 U.S.Highway 70,Swannanoa,N.C. 28778 �\ i .. ,�/ t A 4 in NCDEN[ 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 October 7, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6780 The Honorable Mel L. Cohen City of Morganton P.O. Box 3448 Morganton, North Carolina 28680 Subject: NOTICE OF VIOLATION NOV-2013-LV-0677 EMC-SOC-WQ-S10-005 Permit No. NCO026573 Catawba River Pollution Control WWTP Burke County Dear Mayor Cohen: On December 1, 2010, the Environmental Management Commission entered into the subject Special Order by Consent(SOC) whereby the subject WWTP was granted relaxed effluent limitations for BOD, TSS and Fecal Coliform from those imposed by the NPDES Permit, in exchange for Morganton's commitment to a schedule of wastewater treatment plant improvements that will return the WWTP to compliance with the terms of the NPDES Permit. The SOC contains provisions for the assessment of stipulated penalties when modified limits are exceeded or schedule dates are not met. A review of Catawba River Pollution Control Facility WWTP's monitoring report for July 2013 showed the following violations: Parameter Date Interim Limit Reported Value Limit Type BOD 07/31/2013 60 mg/1 145.86 mg/1 Monthly Average Exceeded BOD 07/06/2013 120 mg/l 394.25 mg/1 Weekly Average Exceeded BOD 07/13/2013 120 mg/I 121.8 mg/1 Weekly Average Exceeded BOD 07/20/2013 120 mg/I 128.2 mg/I Weekly Average Exceeded Fecal coliform 07/06/2013 500 mg/ 100ml 1292.2 mg/ 100m1 Weekly Geometric Mean TSS 07/31/2013 70 mg/I 177.82 mg/I Monthly Average Exceeded 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.org An Equal Opportunity/Affirmative Action Employer Mayor Mel L. Cohen October 7, 2013 Page Two Parameter Date Interim Limit Reported Value Limit Type TSS 07/06/2013 150 mg/I 472.5 mg/I Weekly Average Exceeded \ TSS 07/20/2013 150 mg/I 169.4 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 $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 Resources 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. Since 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 G,WQiSWPiBurke\\Alastewater\Municipal\Morganton WWTP 26573\NOV-2013-LV-0577-SOC.doc North Carolina ,rtment of Environment A Natural Resources 0 Asheville Regional Office Pat McCrory,Governor kvarla III Secretary John E. S r3' NCDENR Tom Reeder,Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Division of Water Resources Water Quality Section October 7 , 2013 MEMORANDUM TO: Andrea Thomas THROUGH: Landon Davids FROM: James Aaron'" SUBJECT: ARO Fecal Coliform Sampling for 2013 During 2012 the Ambient Monitoring System identified three sites classified "B" waters in the French Broad River to have elevated fecal coliform numbers . The French Broad River at E1270000, E4280000 and E4770000 showed elevated levels during the calendar year of 2012 . In 2013, follow up "5 in 30" sampling was initiated to determine if standard 2B. 0219 (3b) was violated at three sites along the French Broad. The 2013 sampling on the French Broad River occurred from August 6, 2013 to September 5, 2013 for E1270000, E4280000 and E4770000 . There were no reports of any SSO' s during these time periods at any site however, rainfall was not taken into account. Also, western North Carolina has experienced record rainfall this summer. All samples were analyzed at the Asheville Regional Office within 6 hours of collection time. All 3 sites violated the standard 2B. 0219 (3b) : fecal coliform not to exceed a geometric mean of 200/100 ml based upon at least five consecutive samples examined during any 30-day period and not to exceed the standard of 400/100 ml in more than 20 percent of the samples examined during such period. Summary Tables are provided below. One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Telephone 828-296-4500 FAX 828-296-7043 NorthCarofina An Equal Opportunity Affirmative Action Employer Date E1270000 8/6/2013 260 8/9/2013 3000 �\ 8/16/2013 200 � 8/29/2013 110 _ 9/5/2013 110 285 Date E4280000 8/6/2013 780 8/9/2013 1900 8/16/2013 200 8/29/2013 57 9/5/2013 120 289 Date E4770000 8/6/2013 190 8/9/2013 1700 8/16/2013 170 8/29/2013 88 9/5/2013 100 217 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Telephone 828-296-4500 FAX 828-296-7043 �TOne An Equal Opportunity Affirmative Action Employer NorthCarohna �aturallt� A4J- _ _7) 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 October 8, 2013 Mr. Chris Braund, Town Manager Town of Lake Lure P.O. Box 255 Lake Lure, North Carolina 28746-0255 Subject: NOTICE OF VIOLATION NOV-2013-LV-0590 Permit No. NCO025381 Lake Lure WWTP Rutherford County Dear Mr. Braund: A review of Lake Lure WWTP's monitoring report for July 2013 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 07/31/2013 4.3 mg/I 12.15 mg/I Monthly Average (as N) -Concentration Exceeded Nitrogen, Ammonia Total 07/06/2013 12.9 mg/I 14.33 mg/l Weekly Average (as N)-Concentration Exceeded TSS 07/31/2013 30 mg/I 43.53 mg/I Monthly Average Exceeded TSS 07/06/2013 45 mg/I 46 mg/I Weekly Average Exceeded TSS 07/20/2013 450 mg/I 52.33 mg/I Weekly Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. In consideration of the violation stated above and due to the Settlement Agreement between the State and the Town of Lake Lure, the Division will withhold pursuit of any civil penalty assessment at this time. If you should have any questions,please do not hesitate to contact Janet Cantwell or me at 8281296-4600. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files Donald G. Byers/ORC G:\WQ\SWP\Rutherford\Wastewater\Municipal\Lake Lure WWTP 25381\NOV 2013 LV-0590.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296 4500 FAX (An Equal Affirmative Opportunity/Afrrmati e Action Employes 2090 U.S.Highway 70,Swannanoa,N.C. 28778 -..� n Q NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. S rl III Secretary Governor Director Seary October 8, 2013 Mr. Chris Braund, Town Manager Town of Lake Lure P.O. Box 255 Lake Lure, North Carolina 28746-0255 Subject: NOTICE OF VIOLATION NOV-2013-LV-0587 Permit No. NCO025381 Lake Lure WWTP Rutherford County Dear Mr. Braund: A review of Lake Lure WWTP's monitoring report for April 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 04/30/2013 4.3 mg/I 9.92 mg/I Monthly Average (as N) - 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. In consideration of the violation stated above and due to the Settlement Agreement between the State and the Town of Lake Lure, the Division will withhold pursuit of any civil penalty assessment at this time. 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 Donald G. Byers/ORC G:NWQ\SWPNRutherford\Wastewater;Municipal\Lake Lure WWTP 25381\NOV-2013-LV-0587.doc WATER QUALITY SECTION net: h2o.enr.state.nc.us North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX An Equal Opportunity/Affirmative e Action Employer 2090 U.S.Highway 70,Swannanoa,N.C. 28778 I/ t <�j� %_._. ��'�✓ . i rrar.aQ 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 October 8, 2013 Mr. Chris Braund, Town Manager Town of Lake Lure P.O. Box 255 Lake Lure, North Carolina 28746-0255 Subject: NOTICE OF VIOLATION NOV-2013-LV-0588 Permit No. NCO025381 Lake Lure WWTP Rutherford County Dear Mr. Braund: A review of Lake Lure WWTP's monitoring report for May 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 05/31/2013 4.3 mg/I 9.4 mg/I Monthly Average (as N) - 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. In consideration of the violation stated above and due to the Settlement Agreement between the State and the Town of Lake Lure, the Division will withhold pursuit of any civil penalty assessment at this time. 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 Donald G. Byers/ORC G:\WQISWP\RutherfordlWastewater\Municipal\Lake Lure WWTP 25381\NOV-2013-LV-0588.doc WATER QUALITY SECTION North Carolina Division of Water Resources —Asheville Regional Office Phone(828)296-4500 FAX An Equal Opportunity/Affirmative e 2 fi Action Employer 2090 U.S.Highway 70,Swannanoa,N.C. 28778 /__.. `�_i� �� � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary October 8, 2013 Mr. Chris Braund, Town Manager Town of Lake Lure P.O. Box 255 Lake Lure, North Carolina 28746-0255 Subject: NOTICE OF VIOLATION NOV-2013-LV-0589 Permit No. NCO025381 Lake Lure WWTP Rutherford County Dear Mr. Braund: A review of Lake Lure WWTP's monitoring report for June 2013 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 06/30/2013 4.3 mg/I 11.76 mg/I Monthly Average (as N) -Concentration Exceeded Nitrogen, Ammonia Total 06/01/2013 12.9 mg/I 14.67 mg/I Weekly Average (as N)-Concentration Exceeded Nitrogen, Ammonia Total 06/22/2013 12.9 mg/I 13 mg/I Weekly Average (as N)-Concentration Exceeded Nitrogen, Ammonia Total 06/29/2013 12.9 mg/I 15 mg/I Weekly Average (as N) -Concentration I 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. In consideration of the violation stated above and due to the Settlement Agreement between the State and the Town of Lake Lure, the Division will withhold pursuit of any civil penalty assessment at this time. If you should have any questions,please do not hesitate to contact Janet Cantwell or me at 8281296-4600. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files Donald G. Byers/ORC G:1WQ1SWP1RutherfordlWastewater\Municipai\Lake Lure WWTP 253811NOV-2013-LV-0589.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX An E ual Opportunity/ Internet: h2Actio sEmpl Employer 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunityl 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.S r ll Governor Director Secretary October 8, 2013 Bobby Smith, Mayor Pro-Tem Town of Robbinsville PO Box 129 Robbinsville NC 28771 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2013-PC-0316 Compliance Sampling Inspection Robbinsville WWTP Permit No. NCO025879 Graham County Dear Mr. Smith, Mayor Pro-Tem: Enclosed please find a copy of the Inspection Report from the inspection conducted on August 19, 2013. This was an unannounced sampling inspection. The samples taken and observations made during the inspection indicated that the facility was out of compliance with permit NC0025879.There was no notification to the Asheville Regional Office that the facility was experiencing an upset. Several noncompliance issues were noted during the inspection. They were as follows: Inspection Area Compliance Issue Operations & The facility was not receiving enough air to adequately treat Maintenance wastewater and the UV bank was not operating effectively enough to disinfect the wastewater leaving the facility.This is a violation of PART II Standard Conditions for NPDES Permit Section C.2 Operation and Maintenance of Pollution Controls. Monitoring and Records At the time of inspection the sample tubing was found to be broken and the sampler was unable to pull samples correctly.The sample tubing was not clean and the sampler could not achieve the proper volume because of the broken tubing. The sampler was not sampling on a flow proportional basis.This is a violation of PART II Standard Conditions for NPDES Permit Section D.1 Monitoring and Records. WATER QUALITY SECTION North Carolina Division of Water Resources -Asheville Regional Office Phone(828)296 4500 FAX (828)An Equual Opportunity/Affirmative Action Employer 2090 U.S.Highway 70,Swannanoa,N.C. 28778 Mr.Smith,Mayor Pro-Ter October 8,2013 Page 2 of 2 Inspection Area Compliance Issue Reporting Requirements There was no notification to the Asheville Regional Office that the facility was experiencing an upset.This is a violation of PART II Standard Conditions for NPDES Permit Section E.6 and 9. Stream Standard Long Creek, classified as C; Trout waters, was impacted by Violation WWTP effluent containing an elevated level of fecal coliform, representing Water Quality Stream Standard violation of 15A NCAC 0213 .0211 (2). Please refer to the enclosed Inspection Report for any additional observations and comments. REQUIRED RESPONSE This Office requests that you respond in writing by November 15, 2013. Your response should be sent to the attention of Jeff Menzel, Division of Water Resources, 2090 US HWY 70, Swannanoa, NC 28778. Your response should address the following items: • Describe the events that led to the malfunction at the treatment plant • Actions taken by the Town to remediate the discharge • Actions taken to prevent the occurrence of such an event in the future Thank you for your attention to this matter. This office is considering sending a recommendation for J enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. Your response to this correspondence will be considered in this process. Should you have any questions regarding these matters, please contact Jeff Menzel at (828) 296-4658 or at jeff.menzel@ncdenr.gov. Sincerely G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office Attachment cc: Mike Ladd ORC w/attachment Graham County Health Department w/attachment WQ Central Files w/attachment ARO Water Quality Section w/attachment Enforcement w/attachment G:\WQ\SWP\Graham\Wastewater\Municipal\Robbinsville WWTP 25879\NOV-2013-PC-0316.10.07.13.docx United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 EPAApproval 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 LI 31 NCO025879 111 121 13/08/19 ( 17 18I S I 19 LI 20I I Remarks 21111111II1111111lll11111111111111111111 111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---—------------------Reserved------—------------- 67 I 169 70I I 71 I_I 72 I N I 73 LLJ 74 751 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) 09:30 AM 13/08/19 12/01/01 Robbinsville WWTP Exit Time/Date Permit Expiration Date US Hwy 129 Robbinsville NC 28771 01:00 PM 13/08/19 12/11/30 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 Bobby Smith,PO Box 126 Robbinsville NC 287710126//828-479-3250/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Self-Monitoring Program 0 Facility Site Review E Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signatur )of In ctor(s) Agency/Office/Phone and Fax Numbers Dater?y Jeff Menzel ARO WQ//828-296-4500/ l� /[/' /� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont 3� NC0025879 I11 12, 13/08/19 117 18I S1 \ \ Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This was an unannounced sampling inspection. The samples taken and observations made during the inspection indicate that the facility was out of compliance with permit NC0025879. There was no notification to the Asheville Regional Office that the facility was experiencing an upset. Several noncompliance issues were noted during the inspection. They are as follows; The facility was not receiving enough air to adequately treat waste water and the UV bank was not operating effectively enough to disinfect the wastewater leaving the facility. This is a violation of PART II Standard Conditions for NPDES Permits Section C.2 Operation and Maintenance of Pollution Controls. C.2 Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. At the time of inspection the sample tubing was found to be broken and the sampler was unable to pull samples correctly. The sample tubing was not clean and the sampler could not achieve the proper volume ,- because of the broken tubing. The sampler was not sampling on a flow proportional basis. This is a violation j of PART II Standard Conditions for NPDES Permits Section D.1 Monitoring and Records. I.Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41 There was no notification to the Asheville Regional Office that the facility was experiencing an upset. This is a violation of PART II Standard Conditions for NPDES Permits Section E.6 and 9. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be Page# 2 Permit: NCO025879 Owner-Facility: Robbinsville wwTP .pection Date: 08/19/2013 Inspection Type: Compliance Sampling provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate,and prevent recurrence of the noncompliance [40 CFR 122.41 (1) (6)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division 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 any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. r" Page# 3 Permit: NCO025879 Owner-Facility: Robbinsville WWTP Inspection Date: 08/19/2013 Inspection Type: Compliance Sampling Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ■ n fl Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ Cl 0 Judge,and other that are applicable? Comment: Parts of this facility are under construction however the overall appearance of the facility is that it is in a state of disrepair. The Town is currently in the final phases of bringing a new wastewater plant online. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? Q ■ 0 11 Are surface aerators and mixers operational? ❑ 1771 ■ Are the diffusers operational? ❑ ■ 0 0 Is the foam the proper color for the treatment process? ❑ ■ fl Does the foam cover less than 25%of the basin's surface? ■ fl 1-1 fl Is the DO level acceptable? fl — fl ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) fl 1-1 fl ■ Comment: The facility was not receiving enough air to adequately treat wastewater and the UV bank was not operating effectively enough to disinfect the wastewater leaving the facility. This is a violation of PART II Standard Conditions for NPDES Permits Section C.2 Operation and Maintenance of Pollution Controls. Disinfection -UV Yes No NA NE Are extra UV bulbs available on site? ❑ ■ fl Are UV bulbs clean? 0 ■ ❑ 0 Is UV intensity adequate? 0 ■ ❑ I_l Is transmittance at or above designed level? n ■ D Is there a backup system on site? 0 ■ fl 0 Is effluent clear and free of solids? I_l ■ rl Comment: Samples taken during the inspection indicate that the UV unit was not providing adequate treatment. One bank of bulbs was not functioning and the UV bank was not operating effectively enough to disinfect the wastewater leaving the facility. This is a violation of PART II Standard Conditions for NPDES Permits Section C.2 Operation and Maintenance of Pollution Controls. Page# 4 Permit: NC0025879 Owner-Facility: Robbinsville WWTP ,spection Date: 08/19/2013 Inspection Type: Compliance Sampling Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ■ n n Is sample collected below all treatment units? ■ Q n Is proper volume collected? 0 ■ 0 n Is the tubing clean? 0 ■ 0 D #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? n ■ Q 0 Comment: At the time of inspection the sample tubing was found to be broken and the sampler was unable to pull samples correctly. The sample tubing was not clean and the sampler could not achieve the proper volume because of the broken tubing. The sampler was not sampling on a flow proportional basis. This is a violation of PART II Standard Conditions for NPDES Permits Section D.1 Monitoring and Records. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ 0 El Are the receiving water free of foam other than trace amounts and other debris? ❑ ■ Q El If effluent (diffuser pipes are required) are they operating properly? ❑ 0 ■ Comment: Foam and solids were observed leaving the facility. Page# 5 lr� WDENR 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 October 9, 2013 Stephen Cotnoir 14640 Timber Point Milton,GA 30004 Subject: 401 Water Quality Certification -Approval Project Name: Stephen Cotnoir Bank Stabilization DWQ Project#2013-1048 McDowell County Catawba/Lake James/ 11-8 /C Dear Mr. Cotnoir: 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 .02 acres of open waters for the purpose of shoreline stablization 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, Catawba 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 Waters 0.02 (acres) Plan sheet 7. & 8a. 172 linear feet. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One,t, Phone:828-296-45001 FAX:828-299-7043 N01 ttiCarolina Internet:www.ncwaterquality.org ;Vaturally An Equal Opportunity i Affirmative Action Employer Stephen Cotnoir October 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 Tim Fox in the Asheville Regional Office at (828)296-4664. Sincerely, for Thomas A. Reeder TAR/trf Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office Wade Harmon—Duke Energy Lake Services Carissa Parker—Bennick Enterprises, LLC File Copy G:\WQ\SWP\McDowell\401s\Non-DOT\Stephen Cotnoir\APRVL.401 StephenCotnoir.1 0-09-13.doc Axe � 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 October 10, 2013 Ms. Karen E. Andrews, Town Manager Town of Rutherfordton 129 North Main Street Rutherfordton, North Carolina 28139 Subject: NOTICE OF VIOLATION NOV-2013-LV-0602 Permit No. Nd0025909 Rutherfordton WWTP Rutherford County Dear Ms. Andrews: A review of Rutherfordton WWTP's monitoring report for July 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 07/31/2013 1 mgd 1.06 mgd Monthly treatment plant Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. 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, ik G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files Jerry Alexander/ORC G:\WQ\SWP\Rutherford\Wastewater\Municipal\Rutherfordton WWTP 25909\NOV-2013-LV-0602.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 74 h NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary October 10, 2013 Mr. Larry Callicutt Town of Bryson City P.O. Box 726 Bryson City, North Carolina 28713-0726 Subject: NOTICE OF VIOLATION NOV-2013-LV-0601 Permit No. NCO026557 Bryson City WWTP Swain County Dear Mr. Callicutt: A review of Bryson City WWTP's monitoring report for July 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 07/31/2013 0.6 mgd 0.65 mgd Monthly treatment plant Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. 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. Land( , Davidson, P.G. Ilk- Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files Lamar Williams/ORC G:\WQ\SWP\Swain\Wastewater\Municipal\Bryson City WWTP 26557\NOV-2013-LV-0601.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 ____.. 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 October 10, 2013 Mrs. Bertha S. Burnette Briarwood 41 Dix Creek Road #1 Leicester, North Carolina 28748 Subject: NOTICE OF VIOLATION NOV-2013-LV-0699 Permit No. NCO029882 Briarwood WWTP Buncombe County Dear Mrs. Burnette: A review of Briarwood WWTP's monitoring report for July 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 07/16/2013 400#/100ml 600#/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. Lanci Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files James &James Environmental/ORC G:\WQ\SWP\Buncombe\Wastewater\Minors\Briarwood Subdivision 29882\NOV-2013-LV-0599.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 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 October 10, 2013 Mr. Charles D. Owen, III Fletcher Warehousing Company P.O. Box 188 Fletcher, North Carolina 28732-0188 Subject: NOTICE OF VIOLATION NOV-2013-LV-0593 Permit No. NC0000094 Fletcher Warehousing Company WWTP Henderson County Dear Mr. Owen: A review of Fletcher Warehousing Company's WWTP monitoring report for June 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 06/30/2013 0.01 mgd 0.056 mgd Monthly treatment plant Average Exceeded 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. 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. Since-e~rrely, A?!fl G.Lando ° avidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files Goldie &Associates/ORC G:\WQ\SWP\Henderson\Wastewater\Industrial\Fletcher Warehouse 00094\NOV-2013-LV-0593.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 "A4 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 October 10, 2013 Mr. Barry W. Jones Cliffside Sanitary District P.O. Box 122 Cliffside, North Carolina 28024 Subject: NOTICE OF VIOLATION NOV-2013-LV-0692 Permit No. NC0004405 Cliffside Sanitary District WWTP Rutherford County Dear Mr. Jones: A review of Cliffside Sanitary District WWTP's monitoring report for May 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 05/31/2013 0.05 mgd 0.092 mgd Monthly treatment plant Average Exceeded 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. Remedial actions, if not already implemented,should be taken to correct any 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 8281296-4600. Sincerely, G. Land Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files - Michael Gibert/ORC G:\WQ\SWPiRutherford\Wastewater\Municipal\Cliffside SD WWTP 04405\NOV-2013-LV-0592.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer r"�, '„'� `��_ 74 RMENR 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 October 10, 2013 Mr. Ken Tucker Carolina Yarn Processors Inc. P.O. Box 1579 Tryon, North Carolina 28782-1579 Subject: NOTICE OF VIOLATION NOV-2013-MV-0102 Permit No. NCO048305 Carolina Yarn Processors WWTP Polk County Dear Mr. Tucker: A review of Carolina Yarn Processors's WWTP monitoring report for July 2013 showed the following violations: Parameter. Date Measuring Violation Frequency Aluminum, Total (as Al) 07/13/2013 Weekly Failure to Monitor Settleable Solids 07/13/2013 Weekly Failure to Monitor Iron, Total (as Fe) 07/13/2013 Weekly Failure to Monitor TSS 07/13/2013 2 X/Month Failure to Monitor 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. Lando avidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files_ Deborah Bradley/ORC G:\WQ\SWP\Polk\Wastewater\lndustdal\Carolina Yarn 48305\NOV-2013-MV-0102.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 �\ ±" �1�/ �._�' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary October 10, 2013 Carolyn Banks, Trustee 717 Dillingham Road Barnardsville,NC 28709 Subject: Request for More Information 401 Water Quality Certification Haw Branch Restoration DWQ Project#2013-0941 Buncombe County Response deadline:November 10, 2013 Dear Ms. Banks: 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 reference reach data, including appropriate measurements, dimensionless ratios, and pebble count information,which support the project design. 2. Provide longitudinal profile of existing/modified channels. 3. Provide proposed longitudinal profile of the existing stream with overlay. 4. Justify stone sizing regarding constructed riffles. 5. Explain who will oversee the construction process. 6. Provide a monitoring plan for the restored reach, including the stability of the channel and the success criteria for plants. Please provide your response in writing to the addresses below prior to November 10,2013. 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)2964500 FAX (828)299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer Carolyn Banks, Trustee October 10, 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 cc: Tasha McCormick-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Mike Lovoy, P.E. Karen Higgins - WBSCP Unit Doug Sharp—Buncombe County Erosion Control ARO File copy G:\WQ\SWP\Buncombe\401s\Non-DOT\Scott Banks Dillingham road\ADDINFO 2013-0941 Haw Branch 9-30-13.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 October 10, 2013 Mr. Fred T. Luther 23 Patina Trail Asheville, North Carolina 28806 Subject: Illegal Discharge 23 Patina Trail Asheville, North Carolina 28806 Buncombe County Dear Mr. Luther: On September 30, 2013,this office observed wastewater running from your property at 23 Patina Trail and into nearby Ragsdale Creek. A sample taken during the inspection contained elevated levels of fecal coliform bacteria which indicate that wastewater is present in the discharge. This letter is to advise you that this type of discharge is a Violation of North Carolina General Statute 143-215.1(6). By this letter,this Office is requiring that you eliminate the discharge of wastewater immediately. Future discharges of this type without a valid permit will be considered to be a violation of the aforementioned General Statute and could be subject to the assessment of a civil penalty. As authorized by NCGS 143-215.6A, a civil penalty may be assessed for any failure to secure a permit required by NCGS 143-215.1 or for violation of any classification, standard, limitation or management practice established pursuant to NCGS 143-214.1 or 143-215. The Environmental Management Commission is empowered to assess civil penalties of not more than twenty five thousand dollars ($25,000) per day per violation for as long as the violation continues. Any future discharges observed by DWR personnel could result in the recommendation for an enforcement action. 2090 US Hwy 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 Fax:828-299-7043 Internet::www.ncwaterguality.org An Equal Opportunity'Affirmative Action Employer GAWQ!SWP',8uncombe',Z-Loose Docs\lllegal Discharge 23 Patina Trail.docx Fred T.Luther 10/10/2013 Page 2 of 2 To prevent further action, carefully review these violations and take appropriate actions to eliminate the illegal discharge. If you should have any questions, please do not hesitate to contact me at 828/296-4500.Your prompt attention to this matter is greatly appreciated. Sincerely, Jeff Menzel Environmental Specialist Asheville Regional Office Cc; Asheville efile Steve Jones/ Buncombe Co. Health Department NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources rat McCrory Water Quality Programs John E.Skvarla, III Governor Thomas A. Reeder Secretary Director October 10, 2013 Ron Brooker 6013 Camrose Crossing Matthews,NC 28104 Subject: 401 Water Quality Certification -Approval Project Name: Ron Brooker Bank Stabilization DWQ Project#2013-1025 McDowell County Catawba/Lake James/ 11-8 /C ]Dear Mr. Brooker: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. ;.pproval has been granted to place fill within or otherwise impact 0.01 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 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, Catawba 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 Waters J 0.01 (acres) 95 linear ft. Plan Sheet 7. & 8a. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 NorthCarohna Internet:www.ncwaterquality.org atura i(y An Equal Opportunity',Affirmative Action Employer tl Ron Brooker October 10,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may resu ; 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 Fog in the Asheville Regional Office at (828) 296-4664. Sincerely, for Thomas A. Reeder T AR/trf Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office Wade Harmon—Duke Energy Lake Services Carissa Parker—Bennick Enterprises, LLC WBSCP Unit—Central Office File Copy G:\WQ\SWP\McDowell\401s\Non-DOT\Ron Brooker\APRVL.401RonBrooker.10-10-13.doc MI- 4 fA A2= 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 October 10, 2013 Dave and Lynn Watson 84 West St. Belle Mead,NJ 08502 Subject: 401 Water Quality Certification-Approval Project Name: Watson Bank Stabilization DWQ Project#2013-1026 McDowell County Catawba/Lake James/ 11-8 /C Dear Mr. and Ms. Watson: 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 0.02 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 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, Catawba Buffer and hloodplain 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 Phone:828-296-450M FAX:828-299-7043 NorthCarollna Internet:www.ncwaterquality.org NR'tlll"al�1,f An Equal Opportunity\Affirmative Action Employer Dave and Lynn Watson October 10,2013 \ Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters 0.02 (acres) Plan Sheet 7. & 8a. 243 linear feet. 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. Sincerely, for Thomas A. Reeder TAR/trf i Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit—Central Office Wade Harmon—Duke Energy Lake Services Carissa Parker—Bennick Enterprises, LLC File Copy G:\WQ\SWP\McDowell\401s\Non-DOT\Dave Watson\APRVL.401DaveWatson.10-10-13.doc C4 NCDE R 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 October 10, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70121010 0002 1967 6797 Mr. Charles Vines Town of Bakersville P.O. Box 53 Bakersville,North Carolina 28705 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 NCO025461 Town of Bakersville Bakersville WWTP Case No. MV-2013-0011 Mitchell County Dear Mr. Vines: 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 the Town of Bakersville. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by the Town of Bakersville 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 NC0025461. 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 Bakersville violated the terms, conditions or requirements of NPDES Permit NCO025461 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 Bakersville: 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—Conc. in violation of NPDES Permit No.NC0025461. $75.00 For 1 of the 1 failures to properly monitor TOTAL N—Cone. in violation of NPDES Permit No.NC0025461. \ $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. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: ` 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water 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 .pining whether a remission request will be approved,the following factors shall be .,sidered: (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. Sincerely, n 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 Water Quality Lab & Operations/ORC w/attachments G.:\WQlSW Bakersville`;MV-201.3-001.l.doc JUSTIFICATION FOR REMISSION REQUEST OWQ Case Number: MV-2013-0011 County: Mitchell Assessed Party: Town of Bakersville Permit No.: NC0025461 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: \�l L�J �_� �__ __ OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES JUNTY OF MITCHELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS TOWN OF BAKERSVILLE/ ) BAKERSVILLE WWTP ) PERMIT NO.NCO025461 ) FILE NO. MV-2013-0011 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 October 10, 2013,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of ,20 SIGNATURE ADDRESS TELEPHONE �_ I�\ `�-':/ W O O } W li F O O Z > > O T T dO N CI L > 11 11 y Q Z 0 LU >� OJ e O W gW J J� a U F d J L U r+ LU LLW O-w E E a O U r r 0 d C } T T Q V- Uto p m m Z 7 7 Z Gl N LU m m m WCY U Ae Q0 m o M Q 0 D ~a m M F" Z a O CD co W Q � U a F- C C Cf W U U y f z a QQ J J Y Q 0 0 m 0 > > o J V W W Q j W 3 J a F a. o 0 7 N 0 r = O p C 00 N N Z co 0 Z 0 _ m w F O C. W C Z U a a r» v� \\ j �e i // A ..... 47, 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 October 10, 2013 Rick&Eleanor Hahn 3128 Wamath Drive Charlotte,NC 28210 Subject: 401 Water Quality Certification -Approval Project Name: Rick Hahn Bank Stabilization DWQ Project#2013-1027 McDowell County Catawba/Lake James/ 11-8/C Dear Mr. &Ms. Hahn: 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 0.02 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, Catawba 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 Waters 0.02 (acres) 218 linear ft. Plan sheet 7. & 8a. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-2964500\FAX:828-299-7043 NorthCarollna Internet:www.ncwaterquality.org Xa mAy An Equal Opportunity i Affirmative Action Employer tYl ` Rick&Eleanor Hahn 10/10/2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result., 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 Fog in the Asheville Regional Office at (828)296-4664. Sincerely, for Thomas A. Reeder TAR/trf Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office Wade Harmon—Duke Energy Lake Servicesu Carissa Parker—Bennick Enterprises, LLC WBSCP Unit—Central Office File Copy G:\WQ\SWP\McDowell\401s\Non-DOT\Rick Hahn\APRVL.40 I RickHahn.10-10.13.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, III Governor Director Secretary October 11, 2013 Mr. William D. Twiggs Linville Land Harbor Property Owners Association P.O. Box 160 Linville, North Carolina 28646 Subject: NOTICE OF VIOLATION NOV-2013-LV-0606 Permit No. NCO022756 Linville Land Harbor WWTP Avery County Dear Mr. Twiggs: A review of Linville Land Harbor WWTP's monitoring report for July 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 07/31/2013 0.225 mgd 0.389 mgd Monthly treatment plant Average Exceeded It was also noted that the Compliance box on the back of the DMR was not marked when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. 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. SinJy, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files Cecil L. Lewis/ORC G:\WQ\SWP\Avery\Wastewater\Minors\Linville Land Harbor 22756\NOV-2013-LV-0605.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 '�.,/ _. ��. � 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 October 11, 2013 William Prewitt 181 Mud Puppy Rock Lane Plumtree,NC 28664 Subject: 401 Water Quality Certification-Approval Project Name: William Prewitt Bank Stabilization DWQ Project#2013-0868 Avery County French Broad/North Toe River/7-2-(0.5)/WS-V; Tr Dear Mr. Prewitt: 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 impact 587 feet of streams for the purpose of 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 587 (feet) Sheet 3a. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-2964500\FAX:828-299-7043 NofthCarolina Internet:www.ncwaterquality.org �/-t► atura/lf An Equal Opportunity V Affirmative Action Employer ` William Prewitt October 11,2013 Page 2 of 2 Additional Conditions: 1. The stream is a Class WS-V; Trout Water. In order to protect downstream uses for Class WS-V. �. 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. \ 2. 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. 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. Sincerely, for Thomas A. Reeder TAR/trf Enc: GC3885 Certificate of Completion cc: Tasha McCormick-USACE Asheville Regulatory Field Office David McHenry—NC Wildlife Resources Commission WBSCP Unit—Central Office File Copy G:\WQ\SWP\Avery\401s\Non-DOT\William Prewitt Bank Stabi1ization\APRVL.401 WilliamPrewitt 10-11-13.doc ,.,,•,�. !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 October 14, 2013 Mr. M. Shuford Wise Town of Granite Falls P.O. Drawer 10 Granite Falls, North Carolina 28630 Subject: NOTICE OF DEFICIENCY NOD-2013-LM-0010 Permit No. NCO082546 Granite Falls WTP Caldwell County Dear Mr. Wise: A review of Granite Falls WTP's monitoring report for August 2013 showed the following violations: Parameter Date Measuring Frequency Violation Flow Week ending: 08/03/2013 Weekly Failure to Monitor Parameter Date Limit Value Reported Value Limit Type pH 08/05/2013 6-9 su 5.9 su Daily Minimum 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 for Flow 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. _ Sincere G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files G:\WQ\SWP,Caldwell\wastewater\Municipal\Granite Falls VVTP 32546\NOD-2013-LM-0010.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- - - -�- �� `�. ,�_i, 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, ill Governor Director Secretary October 14, 2013 Mr. M. Shuford Wise Town of Granite Falls P.O. Drawer 10 Granite Falls, North Carolina 28630 'Subject: NOTICE OF DEFICIENCY NOD-2013-MV-0065 Permit No. NCO082546 Granite Falls WTP Caldwell County Dear Mr. Wise: A review of Granite Falls WTP's monitoring report for July 2013 showed the following violations: Parameter Date Measuring Violation Frequency Chlorine, Total Residual 07/31/2013 2 X/month Failure to Monitor pH 07/31/2013 2 X/month Failure 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 parameters were 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. The July 2013 DMR for Granite Falls WTP does not have the minimum required 10 days between sampling for parameters requiring twice monthly sampling, such as TSS,Turbidity,TRC and pH. Part II,Section A.of your NPDES permit states: "2X/month"means samples are collected twice per month with a minimum often calendar days between sampling events. Please begin using the required protocol on future DMRs. 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. Sincere) G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files G:\WQ\SWP\Caldwell\Wastewater\Municipal\Granite Falls WTP 82546\NOD-2013-MV-0065.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 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 October 14,2013 Mr. Joel Burrell Public Works Director Town of Tryon 301 N. Trade Street Tryon,NC 28782 Subject: NOTICE OF VIOLATION NOV-2013-DV-0211 Permit No. WQCS00111 Town of Tryon Tryon Collection System Polk County Dear Mr. Burrell: A review has been conducted of the Tryon Collection System's self reported Sanitary Sewer Overflow(SSO)5-Day Report submitted by Town of Tryon. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00111 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type SSO(Sanitary Sewer Overflow)which 6-6-2013 Sanitary Sewer Discharge Without occurred at the New Market Street manhole Overflow of 5600 Valid Permit near Vaughn Street gallons into Vaughn Creek DWQ Incident#201301049 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 Wanda Frazier at 828-296-4662 or the Asheville Regional Office staff at 828-296-4500. Sincerely, C�---�c�� G.Landon Davidson, P.G. Regional Supervisor Water Quality Section Cc: DWR ARO Files (G:\WQ\SWP\Polk\Collection Systems\Tryon WQCS00111\NOV-2013-DV-0211.doc) ^' Central Files PERCS Unit 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.org 4; lla NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E.Skvaria,III Governor Director Secretary October 14,2013 Mr. Joel Burrell Public Works Director Town of Tryon 301 N. Trade Street Tryon,NC 28782 Subject: NOTICE OF VIOLATION NOV-2013-DV-0212 Permit No. WQCS00111 Town of Tryon Tryon Collection System Polk County Dear Mr.Burrell: A review has been conducted of the Tryon Collection System's self reported Sanitary Sewer Overflow(SSO)5-Day Report submitted by Town of Tryon. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00111 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type SSO(Sanitary Sewer Overflow)which 7-27-2013 Sanitary Sewer Overflow Discharge Without occurred at the New Market Street manhole of 48,706 gallons into Valid Permit DWQ Incident#201301750 Vaughn Creek 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 Wanda Frazier at 828-296-4662 or the Asheville Regional Office staff at 828-296-4500. Sincerely, (7 .. wr.x- G. Landon Davidson,P.G. Regional Supervisor Water Quality Section Cc: DWRARO Files (G:\WQ\SWP\Polk\Collection Systems\Tryon WQCS00111\NOV-2013-DV-0212.doc) Central Files PERCS Unit 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.newaterauality.org 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 October 14,2013 Mr.Lee Smith Director of Utilities City of Hendersonville PO Box 1670 Hendersonville,NC 28793-1670 Subject: NOTICE OF VIOLATION NOV-2013-DV-0214 Permit No. WQCS00070 City of Hendersonville Hendersonville Collection System Henderson County Dear Mr. Smith: A review has been conducted of Hendersonville Collection System's self-reported Sanitary Sewer Overflow(SSO) 5-Day Reports submitted by the City of Hendersonville. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00070 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type Sanitary Sewer Overflow(SSO) 07-27-13 SSO of 10,500 gallons into Discharge Without @ 99 Balfour Road manhole Mud Creek Valid Permit DWQ Incident#201301774 Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions,please do not hesitate to contact Wanda Frazier at 828-296-4662 or the Asheville Regional Office at 828-296-4500. Sincerely,..-.----- � G. Landon Davidson,P.G. Regional Supervisor Water Quality Section Cc: DWR ARO Files-Hendersonville WQCS00070 Central Files _ PERCS Unit (G:\WQ\SWP\Hend\Collection Systems\Hendersonville WQCS00070\N0V-2013-DV-0214.doc) Water Quality Section—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:828-296-4600 FAX:828-299-7043 Internet:www.ncwaterguality.org \� /� I ��� �\ '/' 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 October 14, 2013 Warren Cabe Town Manager Town of Franklin Post Office Box 1479 Franklin,NC 28744 Subject: Sewer Line Moratorium—LIFTING Collection system Served by CR Pump Station Town of Franklin Wastewater Treatment Plant NPDES Permit: NCOO21547 Macon County )ear Mr. Cabe: The Division of Water Resources has determined that the conditions previously requiring the imposition of the subject moratorium have been rectified. Therefore, the moratorium is considered lifted and normal procedures regarding additional sewer connections to the collection system may be followed. Congratulations for the successful completion of the improvements project undertaken to modify the Town's collection system. Hopefully,the investments made by the Town will support the expansion needs of the community and enable adequate, long-term handling of wastewater for the community. Best regards, Chuck Cranford Assistant Regional Supervisor Water Quality Section Asheville Regional Office cc: DWR Water Quality Permitting Mike Waresak—McGill Associates G:\WQ\SWP\Macon\Wastewater\Municipal\Franklin WWTP 21547\MoratoriumLifting.10.14.13.docx -SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500 FAX:828-299-7043 Internet: www.nrwaterquality.org An Equal Opportunity\Affirmative Action Employer \\ /�__ l ,/ l \�.. ___ rrw.�.wt��.. RMENR 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 October 15, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6834 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. LV-2013-0188 Henderson County Dear Mr. Deaver: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$497.50 ($350.00 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 July 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 July 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 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No., $.00 NC0089095,by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N- Conc. 1 of the 2 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 FEC COLI. 1 of the 1 violations of G.S. 143-215.1(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. $350.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $497.50 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: �l 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) ,A or the accuracy of any of the factual statements contained in the civil penalty ,ssment document. Because a remission request forecloses the option of an administrative .earing, 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 a of receipt of this notice. The Division of Water Resources also requests that 'thin thirty 30 days within q Y( ) Y P 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 (l)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. Sire y, 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 U'WQ!SW"Ifiencierson',W'aste«ater`:�[inors Hioli Vista Falls 8909'N...V-2013-0188.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0188 County: Henderson Assessed Party: A&D Water Service Inc./ High Vista Falls WWTP Permit No.: NC0089095 Amount Assessed: $497.50 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: JF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES _jUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS A&D WATER SERVICE INC. / ) HIGH VISTA FALLS WWTP ) PERMIT NO.NCO089095 ) FILE NO. LV-2013-0188 Having been assessed civil penalties totaling $497.50 for violation(s)as set forth in the assessment document of the Division of Water Resources dated October 15, 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 520 SIGNATURE ADDRESS TELEPHONE �t d a a d d y x x o x F (u W v W 0 > > m od H X Uw Q d O Z O O a wF q W W— o o O CCl c N W FW g' O �Q COO N N J� Q U C O F i N N C G1 W O r 7 O_ O_ O z Z W ;t O Ma U co O U r 0 Q 4f M U I— V O z W W Z N > > fn J W D 0 (D a°1i U d LL Q W `° o M m m cn Z Q W O O o 0 0 Q � U a �a U. W O R C O y Q O O O Z aLWL LL LL z 2 z O c c c c > > > � v U w w w w Q � aL J Ha o 0 0 0 7 O Ln O O 10 Q� z� M M M M 0 (n 00 O O O O c IL N N N N V O ZW r h I� � Z O� Rf � r O 0 0 0 d LU e> .J a RCDENR 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 October 15, 2013 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Subject: NOTICE OF VIOLATION NOV-2013-LV-0630 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: A review of Days Inn West WWTP's monitoring report for August 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 08/14/2013 400#/100ml 600#/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 James & James Environmental/ORC G:\WQ\SWP\Buncombe\Wastewater\Minors\Days Inn West 25933t1\10V-2013-1-V-0630.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 /---... �, ^y \�..,.�% 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 October 15, 2013 Mr. Steve Sheets/CEO Linville Ridge Country Club P.O. Box 704 Linville, North Carolina 28646 Subject: NOTICE OF VIOLATION NOV-2013-LV-0627 Permit No. NCO062413 Linville Ridge Country Club WWTP Avery County Dear Mr. Sheets: A review of Linville Ridge Country Club WWTP's monitoring report for July 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 07/25/2013 45,mg/I 52.9 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, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section cc: WQ Asheville Files WQ Central Files James &James Environmental/ORC G:1WQ1SWPtAveryllNastewater\Minors;Linville Ridge County Club 62413WOV-2013-LV-0627.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 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources .-at McCrory Water Quality Programs John E. Skvaria, III Governor Thomas A. Reeder Secretary Director October 15, 2013 Dr. Suresh Raja Mountain Heritage Land Holdings, LLC 11104 Green Bayberry Drive Palm Beach, Florida 33418 Nicholas J. Berndt 393 Haywood Street Dillsboro,North Carolina 28725 Subject: 401 Water Quality Certification-Approval Mountain Heritage Preserve DWQ Project#2013-0909 Jackson County LTN02/Long Branch/2-79-41 /Class C Dear Mr. Raja and Mr. Berndt: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. After the fact approval has been granted to place fill within or otherwise impact 137 linear feet of streams and restore approximately 187 linear feet of streams (via removal of culverts and dams)for the purpose of property 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 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 regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043 Internet:www.ncwaterquality.org An Equal Opportunity':.Affirmative Action Employer Mountain Heritage Preserve October 15,2013 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Stream 137 (feet) Application Item C. 3. Stream —187 (feet) Culvert and Dam Removal \ Stream Accumulated Sediments Onsite Sediment Removal ADDITIONAL CONDITIONS 1. Prior to January 15, 2014, a culvert removal plan, with channel restoration details, and a timeline for completion, shall be submitted to the Asheville Regional Office of the Division of Water Resources for approval. 2. Prior to April 15, 2014, a sediment removal plan, along with timeline for completion, shall be submitted to the Asheville Regional Office of the Division of Water Resources for approval. 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: GC3890 Certificate of Completion cc: Zan Price, Altamont Environmental, Inc. David McHenry,NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\SWP\Jackson\401s\Non-DOT\Mountain Heritage Preserve\APRVL.09-25-2013.doc &41 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources at McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director October 16, 2013 Carmen Teague 1217 Belgrave Place Charlotte,NC 28203 Subject: 401 Water Quality Certification -Approval Project Name: Carmen Teague-Lot 5 DWQ Project# 13-0931 Caldwell County CTB32/Catawba River(Lake Hickory)/ l l-(53)/Class WS-IV; B; CA Dear Ms. Teague: The Division of Water Resources has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. �',�.pproval has been granted to place fill within or otherwise impact 0.01 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, Catawba 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 Waters 0.01 (acres) Plan Sheet 7 & 8a Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Carmen Teague October 16,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may resu:., 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. Sincerely, l for Thomas A. Reeder TAR/trf Enc: GC 3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office Caldwell County Planning Department Gene Renegar—Renegar Construction WBSCP Unit—Central Office File Copy G:\WQ\SWP\Caldwell\401s\Non-DOT\Carmen Tegue Lot 5\APRVL.Carmen Tegue.10-16-2013 (1).doc JAI 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 October 17, 2013 Wayne Smith, President Tinsel Town Inc. 51 Bridges Street Sylva, NC, 28779 Subject: Permit No. WQ0036776 Tinsel Town Inc. Western Carolina University Apartments Wastewater Collection System Extension Jackson County Dear Mr.Smith: In accordance with your application received October 1, 2013, we are forwarding herewith Permit No.WQ0036776, dated October 16, 2013, to Tinsel Town Inc. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter 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 11.4: 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. It shall be responsibility of the Tinsel Town Inc. 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. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes,and filed with the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. North Carolina Division of Water Resources—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,INC 28778 Phone: (828)296-4500 FAX:828 299-7043 Internet:www.ncwaterqualitv.org An Equal Opportunity(Affirmative Action Employer Tinsel Town Ins. WQ0036776 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 Enclosure: Developers Operational Agreement cc: John Kinnaird, PE, Brooks Engineering Jackson County Health Department Jackson County Building Inspections Department Asheville Regional Office,Surface Water Protection Section TWSA Plant#1 NCO039578 Water Quality Central Files PERCS(electronic copy) G:\WQ\SWP\Jackson\Collection Systems\TWASA# 1 Collection System\WQ0036776 Western Carolina Apartments.doc ,own Ins. ,J036776 � in Yr�rwrr�rr► NCDENR 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 Tinsel Town, INC. Jackson County for the construction and operation of approximately 1646 linear feet of 8-inch gravity sewer to serve as part of the Western Carolina University Apartments project, and the discharge of 59,570 gallons per day of collected domestic wastewater into the Tuckaseigee Water and Sewer Authority existing sewerage system, pursuant to the application received October 1, 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 16 day of October, 2013. (D—Iz� for Thomas A. Reeder Division of Water Resources By Authority of The Environmental Management Commission Permit Number:WQ0036776 A Tinsel Town Inc. 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 TWSA Plant#1 NCO039578 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 and any Special Conditions identified below. 1. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between Tinsel Town Inc.and TWSA plant#1 for the collection and final treatment of wastewater is in full force and effect. 2. If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Resources to properly allocateihe subject wastewater flow. 3. No flow in excess of the quantity permitted herein, 59,570 GPD, shall be made tributary to the subject sewer system until an application for permit modification for an increase in flow has been submitted to and approved by the Division of Environmental Management. 4. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 5. By copy of this permit, the Jackson County Health Department and the Jackson Building Inspections Department are advised that, no certificates of occupancy are to be granted prior to the submittal of a sealed engineer's certification. d. 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. 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-ani, distribution of grease education materials to users of the collection system by the permittee or it-, 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 y' 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. J 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- 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 26.0200 and 15A NCAC 2H .0500. ,K ENGINEERING CERTIFICATION .ee: Tinsel Town Inc. Permit No.WQ0036776 act: Western Carolina University Apartments Issue Date: 10/16/2013 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 resulting in non-compliance with this permit, regulations or minimum design criteria. Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. 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: WQ0036776 Flow from this prgject is tributary to: TWSA# 1 NCO039578 �\ ���. j'� '��% �� ice/ ,OF NORTH CAROLINA JNTY OF Permit No. WQ0036776 1k1*7(e DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl)and entered into this day of , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and a corporation/general partnership registered/licensed to do business in the State of North Carolina,hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as -r Ca ra :�--� •'�r ers r�'J f' e,, (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct,maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina.General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration,the(Unit Owners' Association) (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re-constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation,maintenance,re-construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto,the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. r 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 08-13 Page 1 of 2 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal S3ts� appurtenances thereto are part of the common elements and shall thereafter be properly maintainer. operated in conformity with law and the provisions of the permit for construction, operation, repair,a.. maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies)where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each o*he parties named below: FOR THE ENVIRONMENTAL MANAGEM _�: S N Name of D VELOPFR a By: 5�iv Thomas A. Reeder,Director (Signature) Division of Water Resources r � amply � Print Name and Title 9 27— / 3 (Date) (Date) FORM: DEV 08-13 Page 2 of 2 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 October 18, 2013 David and Debbie Wheeler 22 Red Barn Lane Burnsville, North Carolina 28714 Subject: Notice of Violation- Illegal Discharge of Wastewater Catbird Lane Mobile Park Yancey County Dear Mr. and Mrs. Wheeler: On October 17, 2013, staff from the Division of Water Resources observed wastewater running from your mobile park property on Catbird Lane and into nearby Pine Swamp Branch designated as class C; Trout waters.This letter is to advise you that this discharge is a Violation of North Carolina General Statute 143-215.1(6). The discharge of wastewater, as described above, must be stopped immediately. REQUIRED RESPONSE To prevent further action by the Division you must take appropriate steps to eliminate the illegal discharge.This Office also requests that you respond in writing by November 1, 2013 and address the following items: • Actions taken to eliminate the discharge • Actions taken to prevent the occurrence of such an event in the future Your response should be sent to the attention of Jeff Menzel, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 or jeff.menzel@ncdenr.gov. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding this issue and any future/continued violations that may 2090 US Hwy 70,Swannanoa,North Carolina 28778 Phone:828-29645001 Fax:828-299-7043 Internet::www,ncwaterouality.ora An Equal Opportunity\Affirmative Action Employer David and Debbie Wheeler October 18,2013 Page 2 of 2 be encountered. Your above-mentioned response to this correspondence will be considered in this process. These violations and any future violations are subject to a civil penalty �- assessment of up to$25,000.00 per day for each violation. Thank you for your attention to this matter. Should you have any questions regarding these matters please contact Jeff Menzel at (828) 296-4658. Sincerely, Landon Davidson, Regional Supervisor Water Quality Regional Operations Asheville Regional Office G:\WQ\SWP\Yancey\Complaints\NOV.10.18.13.docx AI 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 October 18, 2013 James L. Long, III and Elizabeth P.Long 4016 Boiling Springs Road Murphy, North Carolina 28901 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS DWR#2013-1007 Long—4016 Boiling Springs Road Driveway Access Cherokee County Dear Mr. and Mrs. Long: In accordance with your submitted application, approval has been granted for the impacts listed in the table below. These impacts are covered by the attached Water Quality General Certification Number 3885 and 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 and 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certifications) and general permit and the following additional conditions: ADDITIONAL CONDITIONS 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Activity Stream 149 (linear feet) Culvert installation (ATF) Stream 151 (linear feet) Culvert removal 2090 US Hviy70,Swanmanoa,NC28778 Phone:828-2964500 l FAX:828-299-7043 Internet:http:liportai.ncdenr.org/weblwq/ws An Equal Opportunity 1 Affirmative Action Employer James L.Long,III and Elizabeth P.Long October 18,2013 Page 2 of 3 2. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. 3. The receiving stream, Hanging Dog Creek, has been identified as supporting wild rainbow trout. In order to protect downstream uses for Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of January 1 through April 15. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60)calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 ,ig,III and Elizabeth P.Long 18,2013 3of3 This letter completes the review by the Division under section 401 of the Clean Water Act. Please contact Kevin Barnett at 828-296-4657 or kevin.barnett@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Asheville Regional Office Enclosures: GC 3885 and 3890 Certificate of Completion cc: Chuck West, Wells and West. Post Office Box 129, Murphy, NC 28906 USACE David Brown Regulatory Field Office David McHenry,NC Wildlife Resources Commission DWR ARO 401 files DWR 401 & Buffer Permitting Unit G:\WQ\SW P\Cherokee\401s\Non-DOT\Long.4016Boiling5prings\APRVL.10-15-2013.docx /- 1 Imo_:;: `�% __ 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 October 21,2013 Michael T. Durham 6388 Mountainside Drive Hickory,NC 28601 A. Miles Champion, Jr.,P.E. 1142 11`t' St. Cir.NW Hickory,NC 28601 DWQ Project#2013-0882 Caldwell County Subject Property: 6388 Mountainside Drive AUTHORIZATION of Catawba River Buffer Rule(15A NCAC 02B .0243)Authorization Certificate Dear Messrs. Durham and Champion: You have our authorization, in accordance with 15A NCAC 02B .0243 and any conditions listed below,to impact approximately 5361 (temporary) and 178 (permanent) ft2 of Zone 1 and 3540 (temporary) 152 (permanent) ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing the segmental retaining walls at the subject property as described within your application dated August 19, 2013. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control, Catawba Buffer, and Duke Energy Progress regulations. This authorization is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold,the new owner must be given a copy of this authorization letter and is thereby responsible for complying with all conditions. This authorization requires you to follow the conditions listed below. Water Quality Regional Operations Section 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-296-4500 1,FAX:828-299-7043 Internet:http:l/portai.ncdonr.org,web/wgiws .An Equal Opportunity\Affirmative Action Employer Michael Durham October 21,2013 Page 2 of 3 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Authorization(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Buffers (zone 1) 178 sq. ft. (permanent) Site Plan Sheet 1 5361 sq. ft. (temporary) Buffers (zone 2) 152 sq. ft. (permanent) Site Plan Sheet 1 3540 sq. ft. (temporary) The Additional Conditions of the Authorization are: 2. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0243(5). 3. Certificate of Completion Upon completion of all work approved within this authorization, and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,NC, 27699-1650. 4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an"in kind"manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing)to 681 (8 x 8 spacing)trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season(November 1 through March 30). Note, if the tree plantings do not survive,they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. ,urham :r 21,2013 ,,e3of3 5. Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside the wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall expire five (5) years from the date of this letter. This letter completes the review of the"No Practical Alternatives"determination under 15A NCAC 2B .0243(8). This letter does not authorize any impacts to Waters of the State. Please contact the US Army Corps of Engineers(USACE) or NC Division of Water Resources (DWR) if any impacts are proposed to waters. If you have any questions,please telephone Tim Fox of the Asheville Regional Office at 828-296-4500. Sincerely, Thomas A Reeder 1 TAR/trf Enclosures: Certificate of Completion Catawba Buffer Fact Sheet cc: Corps of Engineers Asheville Field Office DWR 401 Oversight/Express Unit File copy G:\WQ\SWP\Caldwell\401s\Non-DOT\Michael Durham\APRVL.Michael Durham 10-21-2013.doc \\ ��\`i j /_.. 4lJ ./ _.. __.. 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 October 21, 2013 Timothy Dean Sweeny 130 of Chatham, LLC 3409 Birk Bluff Court Cary,NC 27518 Brett Frk Unique Places, LLC P.O. Box 52357 Durham,NC 27717 Subject: 401 Water Quality Certification—Compliance Inspection Project Name: Box Creek Wilderness—Culvert Removal DWR Project#2013-0400 McDowell County Deadline: November 21,2013 Dear Mr. Sweeny: The Division of Water Resources conducted a 401 Water Quality Certification compliance inspection on October 4,2013 at the.subject project listed above. The site was found to be in non-compliance with conditions 2 and 3 of Water Quality Certification No. 3885. Staff inspected two culvert removal locations and a portion of the road decommissioning area. • Condition 2—Sediment associated with disturbed soil in the vicinity of the culvert removal locations was observed in the stream channels. Sediment, apparently generated since the road decommissioning disturbance activities have taken place,was also observed in certain stream lcoations. • Condition 3 - Standard erosion and sediment control practices were not observed in areas with soil disturbance. According to the 401 WQC application submitted for the project, construction practices were to follow,the guidelines from the NC Erosion and Sediment Control Planning and Design Manual. To regain compliance with the 401 WQC,the following should be accomplished: • Prevent further sediment deposition to surface waters through the utilization of appropriate erosion control measures and best management practices • Assess surface waters in all culvert removal locations and remove deposited sediment Water Quality Regional Operations—Asheville Regional Office Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-29645001 FAX:828-299-7043 Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer 130 of Chatham,LLC October 21,2013 Page 2 of 2 • Assess sediment deposition in surface waters within close proximity to disturbed road decomm �,, areas and remediate sediment considered to have been generated during road decommissioning activities Required Response Please provide a report, documenting the actions taken to address the bulleted items listed above by November 21,2013. Thank you for your attention to this matter. If you have any questions,please contact Tim Fox in the Asheville Regional Office at(828) 296-4664. Sincerely, Tim Fox Environmental Specialist Enc: GC3885 Inspection Report cc: Amanda Feummeler-USACE Asheville Beth Plummer—NC Forest Service(e-copy) Doug Thompson—NC Forest Service(e-copy) Ian Eckardt—Wildlands Engineering, Inc. Wetlands and Buffer Permitting Unit(e-copy) File Copy G:\WQ\SWP\McDowell\401s\Non-DOT\Box Creek Wilderness-Culvert Removal\CEI.BoxCreek.10.1 8.13.docx Wetland Inspection Report ,,roject Num: 20130400 Version: 1 Status: Issued Project Name: Box Creek Wilderness Stream Mitigation Bank Project Type: Mitigation bank County: Rutherford Region: Asheville Location: Box Creek Wilderness Stream Mitigation Bank Latitude: +35030-36" Longitude: 81°56'06" SW Plan Location: Site Owner Name: 130 of Chatham LLC Inspection Date: 10/04/2013 Reason for Inspection: Complaint Inspection Type:Site Inspection(non-DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Timothy R Fox Phone: 828-296-4500 Secondary Inspector(s): Chuck Cranford Phone: Facility compliance Status: n Compliant Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Chuck Cranford and Tim Fox,with the Division of Water Resources, met with Beth Plummer, Doug Thompson,and Gail Bledsoe,with the NC Forest Service.We toured and inspected a portion of the culvert removal/stream enhancement/road decommissioning project. The site was found to be in non-compliance with conditions#2 and#3 of Water Quality Certification No.3885. Improvements to adequate ground cover establishment on the decommissioned roadways and on the banks of the culvert removal areas are needed to stabilize the disturbed areas. Appropriate erosion control measures and best management practices should be installed to prevent any further sedimentation to nearby streams. Evaluation of any streams in proximity to project activities should be evaluated. Page: 1 i Project Num: 20130400 Owner: 130 of Chatham LLC Inspection Date: 10/04/2013 Inspection Type: Site Inspection(non-DOT) Reason for Visit: Complaint\ Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? n n 0 n Is the site compliant with additional conditions of the-401 WQC or non 404 permit? n n n Comment: Ground Cover and Erosion Control Measures need evaluation and improvement (See Summary). Page: 2 - - 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 October 22, 2013 Mr. Bo Caldwell, Senior Director Henderson County Board of Education 414 Fourth Avenue West Hendersonville, North Carolina 28793 Subject: NOTICE OF VIOLATION NOV-2013-LV-0644 Permit No. NCO066664 Rugby Middle School WWTP Henderson County Dear Mr. Caldwell: A review of Rugby Middle School's WWTP monitoring report for August 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, 08/31/2013 200#/100ml 360#/100ml Monthly Geometric M-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 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 8281296-4600. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Section cc: WQ Asheville Files WQ Central Files ,_--. Trevor C. McMinn/ORC G:\WQ\SWP\Henderson\Wastewater\Minors\Rugby Middle School 66664\NOV-2013-LV-0644.doc WATER QUALITY REGIONAL OPERATIONS SECTION North Carolina Division of Water Resources —Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: www.ncwaterquality.org 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer _.� (� l _.__ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E Skvarla,III Governor Director Secretary October 22,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6872 Mr. Peter G. Watson,President Ledgestone Property Owners Association Ledgestone Subdivision WWTP P.O. Box 21 Fairview,North Carolina 28730 Subj ect: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0643 Ledgestone Subdivision WWTP NPDES Permit No.NCO087556 Buncombe County Dear Mr. Watson: A review of the August 2013 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 08/22/2013 001 TSS 55.5 mg/1 45 mg/1 08/29/2013 001 TSS 90 mg/1 45 mg/1 08/31/2013 001 TSS 38.48 mg/1 30 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.NC0087556. 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 August 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 REGIONAL OPERATIONS SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 www.ncwaterquality.org 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer Mr. Peter G. Watson October 22, 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 Regional Operations Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch G�WQ',.SWP`:}3uncombe\Wastei+!ateel.Miilors\l...e<igestone Subdivision 37i56\,NOV-NRE—�013-i:V-0643.doc A�;)..,�". RCDENR 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 October 22, 2013 Michael Schorn Rosemarie Toennes 536 Lake Louise Cir Naples FL 34110 SUBJECT: Compliance Evaluation Inspection Smokey Shadow Estates Permit No: NCG550275 Haywood County Dear Mr. Shorn and Mrs. Toennes Enclosed please find a copy of the compliance evaluation inspection conducted on October 17, 2013. No violations of permit requirements or applicable regulations were observed during this inspection. The effluent pipe should be extended to the creek. 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: Amy Spivey ERA Sunburst Realty 147 Walnut Street Waynesville, NC 28786 Central Files Asheville Files i 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.ncwateraualitv.org G:\WQ\SWP\Haywood\Wastewater\General\NCG55 SFR\NCG550275 2013.docx United States Environmental Protection Agency Form Approved. C P/�A 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 I N I 2 15 I 31 NCG550275 111 121 13/10/17 117 18I C I 19101 20I I Remarks 211 1 1 1 I I I I I I I I I I I I I I L I I I I I 1 1 1 1 I I I I I I I I I I I I I I I I 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA —-----------------------Reserved------------------ 67 I 169 70I I 711 I 721 N I 731JJ 74 751 I I I I I 11 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 13/10/17 13/08/01 Smokey Shadow Estates Smokey Shadow Estates Exit Time/Date Permit Expiration Date Maggie Valley NC 28751 10:30 AM 13/10/17 18/07/31 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Rosemarie Toennes,536 Lake Louise Cir Naples FL 34110/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ /z� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCG550275 I11 12, 13/10/17 17 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The area above the subsurface sand filter did not indicate any problem. There was no discharge at the time the time of inspection. No violations of permit requirements or applicable regulations were observed during this inspection. The effluent pipe should be extended to the creek. Page# 2 Permit: NCG550275 Owner-Facility: Smokey Shadow Estates ,pection Date: 10/17/2013 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 ❑ n n Are the receiving water free of foam other than trace amounts and other debris? ■ Cl Q n If of fluent (diffuser pipes are required) are they operating properly? n ❑ m Comment: It is recommended that the effluent pipe be extended to reach the creek. There was no discharge at the time of inspection. Page# 3 - -- _ --- i �. ���� ��... L�,� ___ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E Skvarla,III Governor Director Secretary . October 23,2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6896 Mr. Bobby Smith, Mayor Pro-Tern Town of Robbinsville Robbinsville WWTP P.O. Box 126 Robbinsville,North Carolina 28771-0126 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2013-LV-0646 Robbinsville WWTP NPDES Permit No.NCO025879 Graham County -Dear Mr. Smith: A review of the August 2013 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 08/31/2013 001 Ammonia Nitrogen 9.07 mg/1 4.2 mg/1 08/24/2013 001 Ammonia Nitrogen 16.9 mg/1 12.6 mg/1 08/31/2013 001 Ammonia Nitrogen 12.7 mg/1 12.6 mg/1 08/31/2013 001 TSS 36.37 mg/1 30 mg/1 08/31/2013 001 TSS 45.28 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.NC0025879. 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 August 2013 Discharge Monitoring Report. You will then be notified of many civil penalties that may be assessed regarding the violations. If no response is received in this Office wthin the 10-day period, a civil penalty assessment may be prepared. WATER QUALITY REGIONAL OPERATIONS North Carolina Division of Water Resources — Asheville Regional Office Phone(828)296-4500 FAX (828)299-7043 Internet: http://portal.ncdenr.org/web/wq/ws 2090 U.S.Highway 70,Swannanoa,N.C. 28778 An Equal Opportunity/Affirmative Action Employer Mr. Bobby Smith October 23, 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, C - r, G. Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch G:,WQ'tSWP\C;raliam`;)4'aste%�ater`Municipal';Robbinsville Vi W-FP 25379\NUV NR.E:2013-1:V-0646.doc . i�A� C®EN 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 October 24, 2013 Wade P. Keisler and Mary Keisler,Trustees Keisler Property(PIN: 7593-53-1088) 5179 Sunset Boulevard Lexington,South Carolina 29072 Subject: WITHDRAWAL OF APPLICATION 401 Water Quality Certification Proposed Keisler Dam and Impoundment DWQ Project#2013-0851 Jackson County Dear Mr. and Mrs. Keisler: On August 12,2013,you requested a 401 Water Quality Certification from the Division of Water Resources(Division). On October 22,2013,the Division received a request from your consultant to withdraw the current application. Therefore,your file is hereby considered withdrawn. Please be aware that you have no authorization under Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Kevin Barnett at 828-296-4657 or kevin.barnett@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson Regional Supervisor Water Quality Regional Operations Section 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 Jackson County Planning ARO File copy G:\WQ\SW P\Jackson\401s\Non-DOT\KeislerDa m\W ithdrawl.10-22-2013.docx North Carolina Division of Water Resources,Asheville Regional Office 2090 US Hoighway 70,Swannanoa,North Carolina 28778: 828-2964500:\828-299-7043:\Customer Service:1-877-623-6748 Internet:www.ncwaterquality.org 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 October 24, 2013 Nicholas Curtis 2906 Zacks Fork Road Lenoir, NC 28645 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Nick Curtis Stream Restoration Project DWR# 13-1063 Caldwell County Dear Mr. Curtis: In accordance with in your application dated August 29, 2013, approval has been granted for the impacts listed in the table below.This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Erosion and Sediment Control and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary -771 Stream 600 (linear feet) NA Water Quality Regional Operations—Asheville Regional Office 2090 US Hwy 70,Swannanoa,NC 28778 Phone:828-29645001 FAX:828-299-7043 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer Nicholas Curtis October 23,2013 Page 2 of 3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certifications)/Permit/Authorization and is responsible for complying with all conditions. 2. The designer or his designee shall supervise the installation of in-stream structures. 3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. 4. 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. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. s ,,2013 of 3 Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service(UPS,Fed Ex,etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One(1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act described in 15A NCAC 02H .0500. Please contact Chuck Cranford at 828-296-4650 or chuck.cranford@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Asheville Regional Office Enclosures: GC 3885 cc: William Faulkner—USDA-MRCS 120 Hospital Ave. NE Lenoir, NC 28645 (via email) USACE Asheville Regulatory Field Office (via email) DWR ARO 401 files DWR 401 & Buffer Permitting Unit G:\WQ\SWP\Caldwell\401s\Non-DOT\Nick Curtis\Approval.10.23.13.dou 12= NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary October 25, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6926 Jeffery Morse Town of Valdese PO Box 339 Valdese NC 28690 Subject: NOTICE OF VIOLATION NOV-2013-PC-0327 Permit No.NCO041696 Town of Valdese Lake Rhodiss WWTP Burke County Dear Mr. Morse: A review has been conducted of the Lake Rhodiss WWTP's bypass 5-Day Report submitted by Gregg Padgett. This review has shown the subject facility to be in violation of the requirements found in Permit NCO041696 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type Permit Condition 09/27/2013 Bypass Discharge Section C.4.c. Incident#201301993 Without Valid Permit The Division of Water Resources is considering pursuing enforcement action for this violation. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 15 days of receipt of this letter. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer October 25,2013 NOV-2013-PC-0327 Page Two Please address in your response the following items: • How was this situation resolved. • How the bound gate was retrieved without further bypass. • What procedure was followed to determine if overflows were occurring along the collection system lines that were backed up. • Why were samples not obtained in the receiving waterbody to determine if environmental impacts occurred. • Discuss what procedures can be put in place to avoid this in the future should a similar situation arise. If you have any questions,please do not hesitate to call Linda Wiggs at 828-296-4500. Sincerely, G. Landon avidson, P.G. Regional Supervisor Water Quality Regional Operations Section -' Cc: Greg Padgett,ORC(e-copy) ARO Files Central Files G:\WQ\SWP\Burke\Wastewater\Municipal\Valdese WWTP 41696\NOV-2013-PC-0327.Bypass.doc A w 74 wra� NCD� North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A.Reeder John E.Skvarla, III Governor Director Secretary October 25, 2013 Martin Lashua Carolina Water Service of North Carolina PO Box 240908 Charlotte NC 28224-0908 SUBJECT: Compliance Sampling Inspection Elk River WWTP Permit No: NCO058378 Avery County Dear Mr. Lashua: On October 8, 2013, 1 conducted a Compliance Sampling Inspection of the Sugar Mountain Wastewater Treatment System. Present during the inspection were Tim Fox with the Division of Water Resources, and Daryl Young with Carolina Water Service. Mr. Young's time and effort are appreciated. The facility appeared to be in compliance with permit NC0058378. 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, t Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: Daryl Young, ORC(e-copy) Central Files Asheville Files G:\WQ\SWP\Avery\Wastewater\Minors\Elk River 58378\CSI.0ct2013.Ltr.doc Water Quality Regional Operations—ASHEVILLE REGIONAL OFFICE 2090 U.S. Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwateraualitv.om -- ---� -- _.- . _: �' ,��J United States Environmental Protection Agency Form Approved. `PA Washington,D.C.20460 OMB No.2040-0057 Water Complianre Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mc/day Inspection Type Inspector Fac Type 1 I j 2 15 I 3 I NCO058378 ( 11 12I 13/10/08 117 18I S I 19I S I 20I Remarks 211111IIIIIIIIIIII I I I I I I I I I I I I IIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved—------------------ 67I 169 70I 3 I 71 I I 72 I N I 73I J 174 751 I I I I I I 180 Section 13: Facility Data �l Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Elk River WWTP 01:00 PM 13/10/08 13/01/01 NC Hwy 194 Exit Time/Date Permit Expiration Date Boomer NC 28606 02:00 PM 13/10/08 17/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number James T Highley,PO Box 240908 Charlotte NC 282240908//704-525-7990/7045258174 ContactedYes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement Operations&Maintenance 0 Self-Monitoring Program Sludge Handling Disposal 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 .^-i�1 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCO058378 111 12, 13/10/08 117 18I S I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Effluent samples obtained: Fecal Coliform 1 col/100ml TSS 6.2 mg/I BOD 3 mg/I Page# 2 Permit: NCO058378 Owner-Facility: Elk River WWTP action Date: 10/08/2013 Inspection Type: Compliance Sampling Jperations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ 0 Q Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ 0 I_l Judge,and other that are applicable? Comment: Settleable Solids and DO Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ 0 E I_l Is the facility as described in the permit? ■ ❑ 0 #Are there any special conditions for the permit? I_1 0 E Is access to the plant site restricted to the general public? ■ n ❑ 0 Is the inspector granted access to all areas for inspection? ■ ❑ Q 0 Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical rl Are the bars adequately screening debris? 0 0 ❑ Is the screen free of excessive debris? 0 El Is disposal of screening in compliance? ■ 0 n 0 Is the unit in good condition? N [1 fl Q Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? 0 ❑ 0 I_) Are surface aerators and mixers operational? Q in 0 ❑ Are the diffusers operational? ■ n Q D Is the foam the proper color for the treatment process? ■ Q n Q Does the foam cover less than 25%of the basin's surface? ■ 0 n ❑ Is the DO level acceptable? ❑ n ri Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ fl Page# 3 Permit: NCO058378 Owner-Facility: Elk River WWTP Inspection Date: 10/08/2013 Inspection Type:. Compliance Sampling \ Aeration Basins Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? (1 n M n Are weirs level? ❑ n n Is the site free of weir blockage? n n Is the site free of evidence of short-circuiting? n ❑ n Is scum removal adequate? ❑ ❑ 0 Is the site free of excessive floating sludge? n n n Is the drive unit operational? ❑ ❑ M 0 Is the return rate acceptable(low turbulence)? 0 0 n Q Is the overflow clear of excessive solids/pin floc? 0 n n n Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) n n n Comment: Both blankets-10 ft (15 ft depth). ORC does not have any problems with this level. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? 0 n n n Are the tablets the proper size and type? M n n n Number of tubes in use? 4 Is the level of chlorine residual acceptable? ❑ n ❑ 0 Is the contact chamber free of growth,or sludge buildup? 0 0 n n Is there chlorine residual prior to de-chlorination? n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n n Is storage appropriate for cylinders? ❑ n #Is de-chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? 0 n 0 Page# 4 Permit: NCO058378 Owner-Facility: Elk River WWTP action Date: 10/08/2013 Inspection Type: Compliance Sampling Je-chlorination Yes No NA NE Are tablet de-chlorinators operational? ■ Q 0 0 Number of tubes in use? 4 Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ 0 Is flow meter calibrated annually? 0 0 0 1=1 Is the flow meter operational? 0 0 (If units are separated)Does the chart recorder match the flow meter? fl ❑ n ■ Comment: 9/30/2013 last calibrated. Standby Power Yes No NA NE Is automatically activated standby power available? ❑ 1=1 M n Is the generator tested by interrupting primary power source? ■ I_I ❑ 0 Is the generator tested under load? ■ 0 0 0 Was generator tested&operational during the inspection? n fl fl Do the generator(s)have adequate capacity to operate the entire wastewater site? 0011 Q Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ ❑ ❑ n Is the generator fuel level monitored? ■ ❑ Q fl Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ 0 ❑ 1=1 Is sample collected below all treatment units? ■ Q 0 0 Is proper volume collected? M f_1 I_l Q Is the tubing clean? 0 0 11 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ 0 0 Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ n Comment: 250 ml collected. Effluent Pipe Yes No NA NE Is right of way to the outrall properly maintained? ■ ❑ ❑ in Are the receiving water free of foam other than trace amounts and other debris? ■ Q 0 fl If effluent (diffuser pipes are required) are they operating properly? 0 0 ■ 0 Page# 5 Permit: NC0058378 Owner-Facility: Elk River WWTP Inspection Date: 10/08/2013 Inspection Type: Compliance Sampling Effluent Pipe Yes No NA NE Comment: Effluent pipe is next to washed out dual metal culverts. Elk River stated they will likely replace these culverts. Care should be taken during construction to avoid damage to the effluent discharge pipe. Page# 6 NCUM 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 October 25, 2013 Martin Lashua Carolina Water Service of North Carolina PO Box 240908 Charlotte NC 28224-0908 SUBJECT: Compliance Sampling Inspection Sugar Mountain WWTP Permit No: NCO022900 Avery County Dear Mr. Lashua: On October 8, 2013, 1 conducted a Compliance Sampling Inspection of the Sugar Mountain Wastewater Treatment System. Present during the inspection were Tim Fox with the Division of Water Resources and Daryl Young and Rex Woody with Carolina Water Service. Mr. Young's and Mr. Woody's time and effort were appreciated. The facility appeared to be in compliance with permit NC0022900. 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, 4' Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: Daryl Young,ORC(e-copy) Central Files Asheville Files G:\WQ\SWPWvery\Wastewater\Municipal\Sugar Mtn 22900\CSI.Oct2013.Ltr.doc Water Quality Regional Operations—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 299-7043 Internet:www.ncwatercluali!y.org United States Environmental Protection Agency Form Approved. CPA Washington,D.C.20460 OMB No.2040-0057 Water Complinnce Inspplation Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 5I 31 NCO022900 111 121 13/10/08 117 18ISI 19I S I 20I II Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -----------------------Reserved---------------------- 67( 169 70 13 I 71 I I 72 I N I 73 Ljj 74 751 ( 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) 11:30 AM 13/10/08 13/02/01 Sugar Mountain WWTP NCSR 1364 Exit Time/Date Permit Expiration Date Banner Elk NC 28604 12:30 PM 13/10/08 17/09/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Martin J.Lashua,PO Box 240908 Charlotte NC 282240908/NC Regional Yes Director/704-525-7990/7045258174 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance 0 Self-Monitoring Program Sludge Handling Disposal 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 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NC0022900 I11 12, 13/10/08 117 18I S I Section D: Summary of Finding/Comments.(Attach additional sheets of narrative and checklists as necessary) Effluent samples obtained: pH 7.3 su T 16.4 c Fecal Coliform 1 col/100mI TSS 6.2 mg/I BOD 2 mg/I The WWTP was being prepared for painting at the time of the inspection. Solids are pumped out of facility as needed and hauled to Boone WWTP. Page# 2 Permit: NCO022900 Owner-Facility: Sugar Mountain WWTP ,,ection Date: 10/08/2013 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n o ■ 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 Cl Comment: Operations$Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ n n n Judge,and other that are applicable? Comment: Settleable solids are checked. During inspection solids were at 70%, ORC generally runs at—60%. Pump Station-Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ n n n - Is the wet well free of excessive grease? ■ ❑ n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are float controls operable? ■ n n n Is SCADA telemetry available and operational? ■ n Cl n Is audible and visual alarm available and operational? n ■ I_l ❑ Comment: Visual alarm needs a light bulb. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n ❑ n Is the screen free of excessive debris? ■ n ❑ n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Page# 3 Permit: NCO022900 Owner-Facility: Sugar Mountain WWTP Inspection Date: 10/08/2013 Inspection Type: Compliance Sampling Bar Screens Yes No NA NE Comment: There was quite a bit of solids/debris in these units. Operator stated he is not having pass through problems due to the debris/solids. Debris is placed in garbage containers for disposal after drying. Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ I_l 0 n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ fl ❑ n Are float controls operable? ■ n n n Are audible and visual alarms operable? ❑ n ■ ❑ #Is basin size/volume adequate? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air �J 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 Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ ❑ n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Comment: ORC and inspector DO reading were 0.30 mg/I. ORC stated this is a common DO reading. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Page# 4 Permit: NC0022900 Owner-Facility: Sugar Mountain WWTP action Date: 10/08/2013 Inspection Type: Compliance Sampling secondary Clarifier Yes No NA NE Is the site free of evidence of short-circuiting? ■ n ❑ n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ 0 n n Is the drive unit operational? ■ n n n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable?(Approximately''/<of the sidewall depth) n n ❑ ■ Comment: Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ n n n (Sodium Hypochlorite)Is pump feed system operational? ■ Cl n n Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ 0 n n Is the level of chlorine residual acceptable? pnn ■ Is the contact chamber free of growth,or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? n I1 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 Comment: Are the tablets the proper size and type? n n ■ fl Are tablet de-chlorinators operational? nn ■ 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 Is the generator tested under load? ■ n ❑ n Page# 5 Permit: NCO022900 Owner-Facility: Sugar Mountain WWTP Inspection Date: 10/08/2013 Inspection Type: Compliance Sampling Standby Power Yes No NA NE Was generator tested&operational during the inspection? Cl ■ 0 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 nl n Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ n n n Is sample collected below all treatment units? ■ fl fl Cl Is proper volume collected? ■ n n n Is the tubing clean? ■ n nl 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)? ■ Cl Cl 0 Comment: Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? ■ fl fl n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ n n n (If units are separated)Does the chart recorder match the flow meter? n n n ■ Comment: Meter calibrated September 2013. Page# 6 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 October 25, 2013 Ms. Marisue Hilliard, Forest Supervisor USDA U. S. Forest Service P.O. Box 2750 Asheville, North Carolina 28802-2750 Subject: NOTICE OF VIOLATION NOV-2013-MV-0103 Permit No. NCO020478 Lake Powhatan Recreation Area Buncombe County Dear Ms. Hilliard: A review of Lake Powhatan Recreation Area's WWTP monitoring report for August 2013 showed the following violations: Parameter Date Measuring Violation Frequency Chlorine, Total Residual Week ending 2 X week Failure to Monitor 08/03/2013 Flow, in conduit or thru Week ending Weekly Failure to Monitor treatment plant 08/03/2013 pH Week ending Weekly Failure to Monitor 08/03/2013 Temperature Week ending Weekly Failure to Monitor 08/03/2013 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 parameters were 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 Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:(828)2964500 FAX: (828)299-7043 Internet: hdp://portal.ncdenr.org/web/wq/ws An Equal Opportunity/Affirmative Action Employer Ms. Marisue Hilliard October 25,2013 Page Two 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 Regional Operations cc: WQ Asheville Files WQ Central Files James &James Environmental/ORC G:\WQ\SWP\Buncombe\Wastewater\Minors\Lake Powhattan 20478\NOV-2013-MV-0103.doc ATTD I�I : WFAA E NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary Water Quality Regional Operations Asheville Regional Office October 28, 2013 Mr. Bill Green Town of Andrews 54 Park Street Andrews, NC 28901 Subject: 2012 Pretreatment Annual Report Review Town of Andrews Permit Number: NCO020800 Cherokee County Dear Mr. Green: The Asheville Regional Office reviewed the Pretreatment Annual Report (PAR) covering January through December 2012. This PAR was received in our Raleigh Office on February 4, 2013. Our review indicates that the PAR satisfies the requirements of 15A NCAC 2H .0908(b) and the Comprehensive Guidance for North Carolina Pretreatment Programs. Please note that the next PAR will be due March 1, 2014 for the 2013 year. Thank you for your continued cooperation with the Pretreatment Program. If you have any questions or comments, please do not hesitate to contact me at (828) 296-4500. Sincerely, //V'a"V& Wanda Frazier Environmental Specialist cc: Mike Ladd, Pretreatment Coordinator Central Files PERCS Unit ARO WQRO files Water Quality Regional Operations-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299.7043 Internet:http:llportal.ncdenr.orglweblwq An Equal Opportunity 1 Affirmative Action Employer Q N O C G +� C a•+ a 41 .fir N d y d a N a p Q � > cn j a M U (n U a) U N En a) U N ❑¢❑�❑ `T ❑� a .c 'o +N-+ z z z z CL � • H N O 0) O N � E • U U- F , Z) Z (n d L +`i p ;❑ ❑ ❑ ❑ W j Q U Q O O (p "o Z .p oG (a v 6 }+ o Cz z z z E3 •£ c ® Q � tn a a a O O d 0 ) N (j �❑ ❑ ❑ ❑ IL IL w a� a� °? = to i — �o > � p O (i E ° � 0 O O O Q •a� p a w � �- �, � z z z z � oGazoC ❑ �° z �❑ ❑ ❑ ❑ V L � O� 4.1 49 46 Z Z z z z I lz ❑ ❑ ® ®z z zp z z° 12 0000000000 0 0 11 0 zzzzzzZzzz U) a❑❑❑❑❑❑❑❑❑z ® ® ❑ ❑ +� N o cn cn cn (n cn cn cn cn cn (n o ° (Vi r%j Owwwwwwwwww N N a❑❑®❑❑❑❑❑M o =_ 0 o (n 3 0 ,_, c m z z z t p c (n dj Q ® ®® 3 cn sv Ez fa a 0000000000 cu a N a o z z z z z z z z z z N N = i V CL .n0•❑❑❑❑❑❑❑❑❑® O z � V N G7 aoi i a 'aa3i 'O (n (n (n (n (n (n (n (n (n (n -0 N -c = W W W W W W W W W W N ' ca ._ N +' i Qa) — � a N x d; a � ? oj � c a� aoCd rx C 46 ON " OM f > LNULO O —o _V IR O. O CDM1, O v. v (n c v rn a 00 a=i .°� z o �, a fu � � N .0 .0 � V . V+'f N (n C NN N a� — v CL x -a a c > o as ra z E c°i' a� w a� a� " > v, w c a� a� '> L2 Cr Z: a (n . Q � UA. o 2 ,-i � r r�i i (znz1: z NIMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary Water Quality Regional Operations Asheville Regional Office October 28, 2013 Mr. William N. Hughes, Mayor Town of Murphy P.O. Box 130 Murphy, NC 28906-0130 Subject: 2012 Pretreatment Annual Report Review Town of Murphy Permit Number: NCO020940 Cherokee County -� Dear Mayor Hughes: The Asheville Regional Office reviewed the Pretreatment Annual Report (PAR) covering January through December 2012. This PAR was received in our Raleigh Office on March 4, 2013. Our review indicates that the PAR satisfies the requirements of 15A NCAC 2H .0908(b) and the Comprehensive Guidance for North Carolina Pretreatment Programs. Please note that the next PAR will be due March 1, 2014 for the 2013 year. Thank you for your continued cooperation with the Pretreatment Program. If you have any questions or comments, please do not hesitate to contact me at (828) 296-4500. Sincerely, 0",/" 6V41�1' Wanda Frazier Environmental Specialist cc: Scott Helton, Pretreatment Coordinator Central Files PERCS Unit ARO WQRO files Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:llportal.ncdenr.org/mb/wq An Equal Opportunity 1 Affirmative Action Employer E — M U � UNUfn UN OE ❑Q❑�❑Qfn ❑ cp Q • w fU O O o ,-f 0 0 0 0 CD co U U U U N N Z Z Z Z • , W w j j O a t L O '❑ ❑ ❑ ❑ NLL ^ Q z v CS ai oz Cz z z z 5' y W L W uj O 0 LL Z Z Z 0 Q a� Oa fy z ctaz � ❑ �❑ ❑ ❑ ❑ i cr fs g z zp z z a a ¢ ti❑ ❑ N N N ❑ ®m z zp z z 4a C 0000000000 ❑ ❑ ❑ ❑ L z z z z z z z z z z fn fn (n cn N cQ � o a❑❑❑❑❑❑❑❑❑❑ ® ® ❑ ❑ .. ° Zn o ) � fn fn fn cn fn fn fn fn fn o 0 :9 N W W W W W 'n W W W W O ' 0 O W 5- > > uj >- >- >- >- �� y Q®N El El❑NN c O fn En,� S N Ln � N 4- C N L � z z z � Ip C a ❑ NN E a 0000000000 cu a a O cLa m O Z Z Z Z Z Z Z Z Z Z N a LO 41 � •p to fn fn cn cn fn fn fn fn fn Y o '0 � Q tv a�i = WWWWWWWWWW � u ' = - v w Pc4NNNNNN❑❑®N � O a °' �, = CD C N ce .O Q NX N O Q O p — M a.+ C a> p p1 fo f0 'L CC C j Q ! fll fll _ CD N p W co " O a p a LL O O Ln o U LOL v O fp C fn t0 Q O O o0f`• a O OU +��+ f�if _0 "p u C 'C C 80 fn W fn fp N L IEf N t z O w Q fs.— I- s Z � 'vcfl v 3 � N E a p r-r w 2 fU fl X N N O > O O � t0 Z R fll w � fll C > fn W .p t L2. l N (, y_ L; > O fy fn = fll u u Lo y c ij, fa fn f0 O •c frj N O m 0- Z 0 O L f0 z fa O fy r-i O T a� Q zacn � ¢ � Uaa = .4 -prV oicnz1: z 1C nN fY rs A, �.-.t A*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 Water Quality Regional Operations Asheville Regional Office October 28, 2013 Mr. Lee Smith Water& Sewer Utilities Director City of Hendersonville PO Box 1760 Hendersonville, NC 28793 Subject: 2012 Pretreatment Annual Report Review Town of Hendersonville Permit Number: NCO025534 Henderson County ~' Dear Mr. Smith: The Asheville Regional Office reviewed the Pretreatment Annual Report (PAR) covering January through December 2012. This PAR was received in our Raleigh Office on February 28, 2013. Our review indicates that the PAR satisfies the requirements of 15A NCAC 2H .0908(b) and the Comprehensive Guidance for North Carolina Pretreatment Programs. Please note that the next PAR will be due March 1, 2014 for the 2013 year. Thank you for your continued cooperation with the Pretreatment Program. If you have any questions or comments, please do not hesitate to contact me at (828) 296-4500. Sincerely, Wanda Frazier Environmental Specialist cc: Bill Ashbrook, Pretreatment Coordinator Central Files PERCS Unit ARO WQRO files Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299.7043 Internet:http:llportal.ncdenr.org/weblwq An Equal Opportunity 1 Affirmative Action Employer Z1. 41 (A > ai > a M ftE-Io U0 ° CL a 00000C) c.ONo z zzpaaU0-(n � (ji ❑ cCA � � ^ U>i D 0 O O 0 O • O GJZ O zz z z zz - oo aCY W QB L. > > > > CL W Z� CLZ2 ❑ El ❑Zcj Z z° zo z z z z z z ~❑ ❑ ® ® v ❑ ®®® z z Z z N 0000000000 ❑ ❑ ❑ ❑ fo v6, zzZZzzzzzz Ln V) V V) O N a❑❑❑❑❑❑❑❑❑® ® ® ❑ ❑ o N � N (n � (� V) (f) to (f) (f) o ri W W W W W W W W W W O O fV W Y >- ? >- >- >- >- _ " o z z Z a 0000000000 a U) C: o zzzzzzzzzz 'o fl. �fl'❑❑❑❑❑®❑❑❑❑ to Z O � 'a cn cn cn cn cn cn (n cn cn (n .fl � a•°i � � � � � '� c ®®®®❑❑❑®® E o a a�i t a-+ H N v' Qv' E � E > -a Cc a� C O O N O L. v 0 0v 7 TO U (n o U- O Q S p r`• p fo O USw N a c 0 O O NCO— O +-� � = C N O S1. 0- d N .L- N •ra r C a .- i+ �, N ++ +.+ O O M � N m a> C O d' O O m ``k = O Q X Q G�, a�i O o 4~ N > O c cn n W O N a > LL LL U (n N (O to N (0 O O sue. a Q r•i -p rV r) (n z 1: z U pQ ApT::WIFAA 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 Water Quality Regional Operations Asheville Regional Office October 29, 2013 Mr. John Condrey City Manager Town of Forest City PO Box 728 Forest City, NC 28043 Subject: Compliance Evaluation Inspection Town of Forest City Water Plant Wastewater Treatment Ponds Permit Number: NCO074306 Rutherford County Dear Mr. Condrey: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection, which I conducted at the subject facility on October 16, 2013. The facility was found to be in compliance with permit NC0074306. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Wanda P. Frazier cc: Stewart Briscoe, Public Works Director Environmental Specialist Sonny Penson, ORC Central Files PERCS Unit WQRO ARO G:\WQ\SWP\Rutherford\Wastewater\Municipal\Forest City Water Plant 74306\CEI. 10-16-13.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296.4500 FAX:828-299-7043 Internet:http://portal.ncdenr.orghvebtwq An Equal Opportunity l Affirmative Action Employer \� i''`. ���. "' �� United States Environmental Protection Agency Form Approved. 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 i N I 2 IJ 31 NCO074306 111 121 13/10/16 117 18I C I 19I e I 20 U Remarks -! 1= 211 1 1 1 1 1 I I I I III I I III I I I Remarks 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------—------—-------Reserved-------------------- 67I 169 70 U3 71 U 72IUN 73LJJ 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) Forest City WTP 12:30 PM 13/10/16 13/10/01 581 Vance St Exit Time/Date Permit Expiration Date Forest City NC 28043 12:35 PM 13/10/16 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Banard Norris Penson/ORC/828-248-5217/ Name,Address of Responsible Official/Title/Phone and Fax Number Bradley Carson Joyner,PO Box 728 Alexander Mills NC 280430728//828-248-5215/ Contacted No Section Q Areas Evaluated During Inspection(Check only those areas evaluated) Permit Records/Reports Facility Site Review Section D: Summary of Findin /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/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 11 12 18 NCO074306 II 13/10/16 17 C� Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The Town of Forest City's Water Treatment Plant is located at 581 Vance Street, Forest City, NC 28043. Wastewater class: Physical Chemical 1 Wastewater type: 0.09 MGD Surface Water Treatment Plant(Public Water System ID#01-81-010) Wastewater discharge of backwash wastewater from a conventional water treatment plant consisting of: Two alum sludge settling ponds, total capacity of 2.0 Mgal, operated in series with a batch discharge being recycled back through the water plant. The current system does not discharge. There has been no discharge since May 1996. The ponds are operated alternately, allowing the sludge to dry between use. Once dried, the sludge is hauled to the landfill by an independent contractor. A waiver of monthly reporting and operator visitation requirements was granted based on a letter of request dated April 17, 2008. It is suggested that system site visitation be continued, due to the WTP's chemical tank farm containment area being tied to the alum sludge settling ponds. This would allow a review to be made regarding system operation and security integrity. Maintaining the current NPDES permit, allows the Town to have a back-up plan for discharge in the event the ponds need to be taken out of service for maintenance. f Inspection Summary: Mr. Sonny Penson and Mr. Jeff Dodson assisted in the inspection. There was no discharge at the time of the inspection. Page# 2 At: NC0074306 Owner-Facility: Forest City WTP Date: 10/16/2013 Inspection Type: Compliance Evaluation Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? (_I ❑ M 0 Is the facility as described in the permit? 00 Cl Q #Are there any special conditions for the permit? I_1 ■ (=1 fl Is access to the plant site restricted to the general public? 0 0 Q C1 Is the inspector granted access to all areas for inspection? ❑ Q 0 Comment: List treatment components (see attached). Page# 3 �� �_ a � ``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 Water Quality Regional Operations Asheville Regional Office October 29, 2013 Mr. John Condrey City Manager Town of Forest City PO Box 728 Forest City, NC 28043 Subject: Compliance Evaluation Inspection Town of Forest City WWTP Water Reclamation Facility Permit Number: NCO025984 Dear Mr. Condrey: Rutherford County Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection, which I conducted at the subject facility on October 16, 2013. The facility was found to be in compliance with permit NC0025984. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Wanda P. Frazier Environmental Specialist cc: Stewart Briscoe, Public Works Director Sonny Penson, ORC Central Files PERCS Unit WQRO ARO G:\WQ\SWP\Rutherford\Wastewater\Municipal\Forest City WWTP 25984\CEI. 10-16-13.doc i J Water Quality Regional Operations-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:liportal.ncdenr.org/weblwq An Equal Opportunity 1 Affirmative Action Employer J �1 l ��': ���/' United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 1 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 L 5 I 3 I NCO025984 111 121 13/10/16 117 181 C I 19101 20 f I lJ Remarks 1= IJ L_� 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------Reserved------------------- 67I 169 70 U 3 71 U 72 L N I 73 LU 74 751 ( 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) Forest City WWTP 10:45 AM 13/10/16 09/07/01 397 Riverside Dr Exit Time/Date Permit Expiration Date Forest City NC 28043 02:30 PM 13/10/16 13/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Banard Norris Penson/ORC/828-248-5217/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Charles R Summey,PO Box 728 Forest City NC 280430728//828-248-5203/ No Section Q 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/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date WI6"- (1/C7►b�r EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NC0025984 I11 12I 13/10/16 1 18U Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Facility; Town of Forest City WWTP (Water Reclamation Facility) WWTP class: IV WWTP type: 4.95 MGD and consisting of the following units: Isco 4210 influent flow meter influent mechanical step bar screen; manual by-pass bar screen; aerated traveling bridge grit chamber; grease chamber; dual first stage aeration basins (out of service); and second stage aeration basins; seven 75 HP floating mechanical aerators; dual 75 ft dia circular secondary clarifiers; chlorine gas feed equipment (<2500#s threshold); sulfur dioxide gas dechlorination feed equipment(<500#s threshold); dual diffused air 60 ft dia x 22 ft depth aerobic digestors (670,688 gal total vol); 800 gpm WAS pump; 1.0 meter sludge thickener; 2.0 meter belt filter press (— 17% solids); gas-fired US Filter Dragon Dryer sludge drying system (pasteurization produces 95% solids); sludge storage bin; and 315 KW diesel Kohler emergency generator; Isco 3010 ultrasonic effluent flow meter; step cascade; and 90 feet of 36 in dia outfall pipe Flow measurement: The flow meters were last calibrated on 7-11-13. Inspection Summary: Mr. Sonny Penson and Mr. Jeff Dodson assisted in the inspection and appear to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. Page# 2 .it: NCO025984 Owner-Facility: Forest City WWTP Jate: 10/16/2013 Inspection Type: Compliance Evaluation Yes No NA NE of the present permit expires in 6 months or less). Has the permittee submitted a new application? 000 n Is the facility as described in the permit? 000 n #Are there any special conditions for the permit? n ■ n 0 Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? 000 ❑ Comment: . Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 000 n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH,DO,Sludge ■ Cl 0 Cl 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? 0000 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 Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual ■ b.Mechanical ■ Is the grit free of excessive organic matter? ■ n n n Is the grit free of excessive odor? ■ n Cl n #Is disposal of grit in compliance? ■ n n n Comment: -" Pease Removal Yes No NA NE #Is automatic grease removal present? ■ n n n Page# 3 Permit: NCO025984 Owner-Facility: Forest City WWTP Inspection Date: 10/16/2013 Inspection Type: Compliance Evaluation Grease Removal Yes No NA NE Is grease removal operating properly? 0000 Comment: Aeration Basins Yes No NA NE Mode of operation Type of aeration system Surface Is the basin free of dead spots? ■ n n no 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 Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Comment: Secondary Clarifier Yes No NA NE r Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ■ ❑ n n 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'/4 of the sidewall depth) ■ n n n Comment: Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ n n n Are cylinders.protected from direct sunlight? ■ n n n -' Is there adequate reserve supply of disinfectant? ■ n n ❑ Page# 4 A: NCO025984 Owner-Facility: Forest City WWTP Jate: 10/16/2013 Inspection Type: Compliance Evaluation action-Gas Yes No NA NE ,s the level of chlorine residual acceptable? 00 0 Q Is the contact chamber free of growth,or sludge buildup? 0 ❑ Q Q Is there chlorine residual prior to de-chlorination? 00 n 11 Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? Q ■ n n If yes,then is there a Risk Management Plan on site? 00 0 0 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 1=1 0 n Is storage appropriate for cylinders? E 0 0 n #Is de-chlorination substance stored away from chlorine containers? ■ 0 0 0 Comment: Are the tablets the proper size and type? n n E Are tablet de-chlorinators operational? 0000 Number of tubes in use? Comment: Standby Power Yes No NA NE Is automatically activated standby power available? N 0 n (l Is the generator tested by interrupting primary power source? 0000 Is the generator tested under load? 0 E 0 Q Was generator tested&operational during the inspection? I_l ■ ❑ Cl Do the generator(s)have adequate capacity to operate the entire wastewater site? n ■ 11 n Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n n N Is the generator fuel level monitored? 0 (!' 0 0 Comment: the emergency generator can operate everything, except the "big" activated sludge basin and the digestors. fluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 ❑ 0 Page# 5 Permit: NC0025984 Owner-Facility: Forest City WWTP Inspection Date: 10/16/2013 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Are the receiving water free of foam other than trace amounts and other debris? 0000 If effluent (diffuser pipes are required) are they operating properly? 0000 Comment: Page# 6 AY4 X?FA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources at McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director October 30, 2013 Tim Newell Cullowhee River Club, LLC. 68 South Watehutta Road Cullowhee,North Carolina 28732 Subject: 401 Water Quality Certification -Approval Cullowhee River Club, LLC. DWQ Project#2013-0986 Jackson County LTN02/Tuckasegee River/2-79-(24)/Class WSIII, B,Tr Dear Mr.Newell: 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 689 linear feet of streams for 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 Numbers 3883, 3885, and 3890. This Certification allows you to use Nationwide Permits 3, 13, 29, and 36 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control, and Water Supply Watershed 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 Plan Location or (Units) Reference Stream 149 (feet) Culvert Installation Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 Internet:www.ncwaterquality.org An Equal Opportunity i Affirmative Action Employer Cullowhee River Club,LLC. October 30,2013 Page 2 of 2 Stream 40 (feet) Culvert Replacement Stream 500 (feet) Shoreline`Stabilization Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water 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 TARIkhb Enc: GC3883, 3885, and 3890 '' Certificate of Completion cc: Jennifer Robertson, Atlas Environmental David Brown,USACE Asheville Regulatory Field Office David McHenry,NC Wildlife Resources Commission WBSCP Unit-Central Office File Copy G:\WQ\S WPUackson\401s\Non-DOT\CullowheeRiverClub\APRVL.10-30-2013.doc A-%-41 'If2h NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources at McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director October 30, 2013 Micky Owen 328 Old Plantation Drive St. Augustine, Florida 32086 Subject: 401 Water Quality Certification -Approval Owen Shoreline Stabilization DWQ Project#2013-1077 Macon County LTN03 /Nantahala River(Nantahala Lake [Aquone Lake])/2-57-(22.5)/Class B; Tr Dear Mr. Owen: 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 0.013 acres of open waters for the purpose of horeline 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 0.013 (acres) Application Item 7. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 Internet:www.ncwaterquality.org An Equal Opportunity Affirmative Action Employer Micky Owen October 30,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may resu.. 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 TARlkhb Enc: GC3898 Certificate of Completion cc: Bob Martin, Bob's Docks �\ USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\S WP\Macon\401 s\Non-DOT\Owen.Nantahala\APRV L.10-30-2013.doc A�'p4i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources at McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director October 30, 2013 Greg Baxendale 1741 Flagler Avenue NE Atlanta, Georgia 30309-2705 Subject: 401 Water Quality Certification -Approval Baxendale Shoreline Stabilization DWQ Project#20131080 Jackson County LTN02/West Fork Tuchasegee (Thorpe Resv.)/2-79-23-(1)/Class WSIII,B, HQW Dear Mr. Baxendale: 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 0.0034 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 Water Supply Watershed regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.0034 (acres) Application Item 7. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043 Internet:www.ncwaterquality.org An Equal Opportunity;Affirmative Action Employer Baxendale Stabilization October 30,2013 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may resin. 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, �,..,.. b for Thomas A. Reeder TAR/khh Enc: GC3898 Certificate of Completion cc: Bob Martin, Bob's Docks USACE Asheville Regulatory Field Office WBSCP Unit—Central Office File Copy G:\WQ\S WPVackson\401 s\Non-DOT\GregBaxendale.Glenville\APVRL.10-30-2013.doc NIMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs 9 Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary October 30,2013 Ms.Teresa Ricks, Town Manager Town of Andrews 3 Wilson Street Andrews, NC 28901 Subject: Permit No.WQ0036815 Town of Andrews Adams Drive Sewer System Improvements Wastewater Collection System Extension Cherokee County Dear Ms. Ricks: In accordance with your application received on October 16, 2013, we are forwarding herewith Permit No. WQ0036815, dated October 29, 2013, to the Town of Andrews 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. It shall be responsibility of the Town of Andrews 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. 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. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296.4500 FAX:828-299-7043 Internet:http:llportal.ncdenr.orglweblwq An Equal Opportunity l Affirmative Action Employer Town of Andrews October 30,2013 If you need additional information concerning this matter, please contact Wanda Frazier at(828)296-4500 or via e-mail at Wanda.Frazier@ncdenr.gov. Sincerely, for Thomas A. Reeder Division of Water Resources cc: Vann Waters, McGill Associates,P.A. Cherokee County Health Department Town of Andrews Building Inspections Department Water Quality Regional Operations—Asheville Regional Office Water Quality Central Files PERCS(electronic copy) NCD 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 Town of Andrews Cherokee County for the construction and operation of approximately 2371 linear feet of 8-inch gravity sewer and approximately 746 linear feet of 12-inch gravity sewer to serve a residential subdivision, school and offices as part of the Adams Drive Sewer System Improvements project, and the discharge of previously permitted flow of collected domestic, commercial, industrial wastewater into the Town of Andrews existing sewerage system, pursuant to the application received October 16, 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 30th day of the October, 2013. for Thomas A. Reeder Division of Water Resources By Authority of The Environmental Management Commission Permit Number:WQ0036815 SUPPLEMENT TO PERMIT COVER SHEET The Town of Andrews 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 Town of Andrews Wastewater Treatment Facility (NPDES Permit No. NC0020800) 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. I. SPECIAL CONDITIONS 1. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is'an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation.This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. 2. The abandonment of any existing wastewater facilities including septic systems being replaced by new sewer infrastructure shall be done in accordance with the applicable agency having compliance oversight on such facilities. 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. lj' b. A map of the sewer system shall be developed and shall be actively maintained. eration and maintenance plan including pump station inspection frequency, preventative maintenance .2dule,spare parts inventory and overflow response has been developed and implemented. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B.0506(a),and public notice.shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number828-296-4500,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 spillover 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. A complete certification is one where the form is fully executed and the supporting documents a'\\ applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) (.,.. wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (c. 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-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. .K ENGINEERING CERTIFICATION Town of Andrews Permit No.WQ0036815 Adams Drive Sewer System Improvements Issue Date: 10-30-2013 omplete 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 reauired for any changes resulting in non-compliance with this permit, regulations or minimum design criteria Modifications should be submitted prior to certification. This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. 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 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division'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 OPERATIONS -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. WQ0036815 tributary to NCO020800 Town of Andrews `� i� __ �� f; \��.�;� 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 Water Quality Regional Operations Asheville Regional Office October 31, 2013 Dr. Chris Baldwin Superintendent of Schools Macon County Board of Education 1202 Old Murphy Road Franklin, NC 28734 Subject: Compliance Evaluation Inspection Cullasaja School WWTP Macon County Board of Education Permit Number: NCO067326 Macon County Dear Dr. Baldwin: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection, which I conducted at the subject facility on October 22, 2013. The facility was found to be in compliance with permit NC0067326. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, ( '. 7 J Wanda P. Frazier JJJ Environmental Specialist cc: Bobby Wilson, ORC Central Files PERCS Unit WQRO ARO G\WQ\SWP\Macon\Wastewater\Minors\Cullasaja School 67326\CEI. 10-22-13.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828.296-4500 FAX:828-299-7043 Internet:http:llportal.ncdenr.org/weblwq An Equal Opportunity 1 Affirmative Action Employer United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 ,1 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 NI 2 LI 31 NCO067326 111 121 13/10/22 117 181 C I 19I S I 20I_I Remarks 211IIIIIII1IIIIIIIIIII IIII IIIIIIIIIIII IIII IIII II16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -------------------------Reserved--------------------- 67I 1.0 169 70 13 I 711 I 721 N I 73[ 74 751 I I I I III 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Cullasaja School 03:05 PM 13/10/22 12/12/01 145 River Rd Exit Time/Date Permit Expiration Date Franklin NC 28744 03:40 PM 13/10/22 17/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Bobby D Wilson/ORC/828-524-4460/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Gary Brown,PO Box 1029 Franklin NC 287341029//828-524-3314/8285245938 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit E 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/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ,EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO067326 111 12I 13/10/22 117 18I cI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Macon County Board of Education - Cullasaja School WWTP class: II WWTP type: 0.002 MGD Aero-Flow extended aeration package WWTP with: manual bar screen; 2000 gal flow equalization basin; 2000 gal Aero-Flo package unit; duplex dosing pumps with dual alarms; 580 sq. ft. recirculating sand filter; tablet chlorinator; 1,200 gallon chlorine contact chamber; 600 gal polishing tank; and tablet dechlorinator. Notes: The last school year that students attended this school was 2009-2010, as they were moved to a new school location. The BOE allows the facility to be utilized by the community for: a private archery club, law enforcement&fire department training, Little League, summer camps and school reunions. The system only discharges 1-2 times per week, due to low flows. Responsible official: Dr. Chris Baldwin, Superintendent of Schools Official's location: 1202 Old Murphy Road; Franklin, NC 28734 Phone numbers: 828-524-3314 Dr. Chris Baldwin, Superintendent; Email: chris.baldwin@macon.k12.nc.us ' Renee Burt, Adm. Assistant/ Board Clerk; Email: renee.burt@macon.k12.nc.us 828-524-3314 David Curtis, Maintenance Supervisor 828-524-5938 " - fax 828-524-4460 X 335 Bobby Wilson, ORC—Maintenance Operator information: ORC& grade: Bobby D. Wilson —WW II —Cert. #27407 Back-up ORC: Clay Peek—WW 11 —Cert. # 13422 Inspection Summary: Mr. Bobby Wilson assisted in the inspection and appears to be properly operating and maintaining the facility. There was no discharge at the time of the inspection. Page# 2 ,iit: NCO067326 Owner-Facility: Cullasaja School Date: 10/22/2013 Inspection Type: Compliance Evaluation At 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? ■ 0 n 0 #Are there any special conditions for the permit? fl ■ n D Is access to the plant site restricted to the general public? ■ n n 0 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 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: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ I_I n n Is the screen free of excessive debris? ■ 0 n n Is disposal of screening in compliance? ■ D n n Is the unit in good condition? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ 0 0 0 Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ 0 n 11 Is the foam the proper color for the treatment process? ■ n 0, 0 Does the foam cover less than 25%of the basin's surface? ■ n n n s the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/I) ■ n n n Page# 3 A Permit: NC0067326 Owner-Facility: Cullasaja School Inspection Date: 10/22/2013 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: Sand Filters(Low rate) Yes No NA NE (if pumps are used) Is an audible and visible alarm Present and operational? ■ n n Is the distribution box level and watertight? ■ n n Is sand filter free of ponding? ■ ❑ n n Is the sand filter effluent re-circulated at a valid ratio? ■ 0 n 0 #Is the sand filter surface free of algae or excessive vegetation? ■ n n n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ■ n ❑ n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ 0 r1 0 Number of tubes in use? 1 Is the level of chlorine residual acceptable. ■ nnn Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ 0 #Is de-chlorination substance stored away from chlorine containers? ❑ n ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ 00 0 Number of tubes in use? 4 Comment: Page# 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 October 31,2013 Ms. Natalie Berry, P.E. Assistant County Engineer Cane Creek Water and Sewer District 100 North King Street Hendersonville, NC 28792 Subject: Permit No.WQ0036817 Cane Creek Water and Sewer District Riverstone Subdivision Phase 2A Sanitary Sewer Wastewater Collection System Extension Henderson County Dear Ms. Berry: In accordance with your application received on October 28, 2013, we are forwarding herewith Permit No. WQ0036817, dated October 31, 2013, to the Cane Creek Water and Sewer District 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 11.4: 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. It shall be responsibility of the Cane Creek Water and Sewer District 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. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299.7043 Internet:http:l/portal.ncdenr.orgivmbiwq An Equal Opportunity 1 Affirmative Action Employer Cane Creek Water and Sewer District October 31,2013 If you need additional information concerning this matter, please contact Wanda Frazier at(828) 296-4500 or via e-mail at Wanda.Frazier@ncdenr.gov. Sincerely, for Thomas A. Reeder Division of Water Resources cc: Thomas E. Hartye, P.E., General Manager, MSD William G. Lapsley, P.E. Henderson County Health Department City of Hendersonville Building Inspections Department Water Quality Regional Operations—Asheville Regional Office Water Quality Central Files PERCS(electronic copy) av n►�" 741 NCDENR 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 Cane Creek Water and Sewer District Henderson County for the construction and operation of approximately 1450 linear feet of 8-inch gravity sewer to serve a residential subdivision, as part of the Riverstone Subdivision Phase 2A Sanitary Sewer project, and the discharge of 14,400 gallons of collected domestic wastewater into the Metropolitan Sewerage District (MSD) of Buncombe County's existing sewerage system, pursuant to the application received October 28, 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 31s'day of the October, 2013. for Thomas A. Reeder Division of Water Resources By Authority of The Environmental Management Commission Permit Number:WQ0036817 SUPPLEMENT TO PERMIT COVER SHEET The Cane Creek Water and Sewer District 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 Metropolitan Sewerage District (MSD) of Buncombe County French Broad River Water Reclamation Facility (NPDES Permit No. NC0024911) 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. I. SPECIAL CONDITIONS 1. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation.This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. 2. The abandonment of any existing wastewater facilities including septic systems being replaced by new sewer infrastructure shall be done in accordance with the applicable agency having compliance oversight on such facilities. 3. This permit shall become voidable unless the agreement between the Cane Creek Water and Sewer District and the Metropolitan Sewerage District (MSD) of Buncombe County for the collection and final treatment of wastewater is in full force and effect. 4. Construction of the subject wastewater collection system shall not commence until approval of the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. 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 y 15A NCAC 2T.0403. If an individual permit is not required,the following performance criteria shall be met :d in 15A NCAC 2T.0403: The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters,and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule,spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B.0506(a),and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. L 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 number828-296-4500,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 into: the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of thE.. 7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted faciliti completed Engineering Certification form attached to this permit shall be submitted with the required suppol , documents to the address provided on the form. A complete certification is one where the form is fully executed anL. 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. 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-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 26.0200 and 15A NCAC 2H .0500. ENGINEERING CERTIFICATION Cane Creek Water and Sewer District Permit No.WQ0036817 Riverstone Subdivision Phase 2A Issue Date: 10-31-2013 1plete 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 resulting in non-compliance with this permit regulations or minimum design criteria. Modifications should be submitted prior to certification This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. PERMITTEE'S CERTIFICATION 1, 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 OPERATIONS -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. WQ0036817 Cane Creek Water and Sewer District Riverstone Phase 2A tributary to NCO024911 MSD of Buncombe County 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 Water Quality Regional Operations Asheville Regional Office October 31, 2013 Mr. John Condrey City Manager Town of Forest City PO Box 728 Forest City, NC 28043 Subject: Compliance Evaluation Inspection Town of Forest City Riverstone Industrial Park WWTP Permit Number: NCO087084 Dear Mr. Condrey: Rutherford County Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection, which I conducted at the subject facility on October 16, 2013. The facility was found to be in compliance with permit NC0087084. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Wanda P. Frazier cc: Stewart Briscoe, Public Works Director Environmental Specialist Sonny Penson, ORC Central Files PERCS Unit WQRO ARO G:\WQ\SWP\Rutherford\Wastewater\Municipal\Forest City-Riverstone\CEI. 10-16-13.doc Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:http:llportal.ncdenr.orglweblwq An Equal Opportunity 1 Affirmative Action Employer f��. �_ >., \\�'. ___ ____ United States Environmental Protection Agency Form Approved. 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 NI 2 15 I 31 NC0087084 111 121 13/10/16 117 18I I 19I S I 20I Remarks 21111111111111 111111111111 11111111111111111111 11 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70 13 I 71 I I 721 NJ 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) Riverstone Industrial Park WWTP 01:00 PM 13/10/16 13/10/01 US Hwy 221 Exit Time/Date Permit Expiration Date Forest City NC 28043 02:00 PM 13/10/16 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Banard Norris Penson/ORC/828-248-5217/ Name,Address of Responsible Official/Title/Phone and Fax Number Charles R Summey,PO Box 728 Alexander Mills NC 280430728//828-248-5203/ Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Records/Reports 0 Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ k Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date &Lr EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCO087084 111 12, 13/10/16 117 18 Id Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Riverstone Industrial Park—Town of Forest City WWTP class: II (classified 9-9-2002) WWTP type: 0.050 MGD (0.100 MGD after A to C) SBR WWTP: influent pump station with dual pumps, dual high water alarms and auto dialer; 4 inch force main; influent ultrasonic Endress-Hauser continuous flow measurement; automated step bar screen; manual by-pass bar screen; 20,000 gal flow equalization basin (12'x12'x18'd); sequencing batch reactor tank; post equalization basin; tablet chlorine disinfection; dual train chlorine contact chamber; tablet dechlorination; 40,000 aerobic digestor; and 160 KW Caterpillar emergency generator. WWTP Flows and Operations: The WWTP receives wastewater from Arvin Meritor, Inc., an axles manufacturer. Approximately 1233 gpd are treated and hauled to the Town of Forest City's main WWTP NC0025984. Sludge is also transported to the main WWTP. No wastewater was discharged from this facility during the permit cycle 2008-2013. The Riverstone WWTP was seeded in February 2013 in preparation for the start-up of Horsehead Metal Products, Inc., in the fall of 2013. Horsehead Metal Products: Upon completion of construction, Horsehead will start-up their own wastewater(physical chemical) discharge for their zinc extraction process industrial wastewater. On October 28, 2013, Horsehead began the discharge of 300,000 gal of dyed wastewater from tank leak testing to the Riverstone WWTP. Only domestic wastewater will be received from Horsehead (WQ0036363 previously pumped & hauled to Forest City's main WWTP). Inspection summary: The WWTP appears to have been properly maintained during the period of no discharge. The activated sludge appears to be ready for resuming normal operations and discharge. Mr. Sonny Penson and Mr. Jeff Dodson assisted in the inspection. The WWTP was NOT discharging at the time of the inspection. Page# 2 At: NC0087084 Owner-Facility: Riverstone Industrial Park WWTP Date: 10/16/2013 Inspection Type: Compliance Evaluation At Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 ■ D Is the facility as described in the permit? ■ ❑ n fl #Are there any special conditions for the permit? fl ■ 0 D Is access to the plant site restricted to the general public? ■ 0 ❑ Cl Is the inspector granted access to all areas for inspection? ■ fl n 0 Comment: Page# 3 <r