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until rescinded and shall be subject to the conditions and limitations as specified therein.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.
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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:
� �
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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
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
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
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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
�\
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l_`,
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,_
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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
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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�
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. 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"�,
'„'�
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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
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
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
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Water Quality Programs John E. Skvarla, III
Governor Thomas A. Reeder Secretary
Director
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
_ -- - ---
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, 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
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
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
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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
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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
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
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
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,J036776
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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
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,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_:;:
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__
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
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
\\
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_.. __..
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Water Quality Programs John E. Skvarla, III
Governor Thomas A. Reeder Secretary
Director
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
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___
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A.Reeder John E Skvarla,III
Governor Director Secretary .
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
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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
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
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.
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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
`�
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
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
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___ ____
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
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