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HomeMy WebLinkAboutDWR SWP Read File Archive Oct 2008 Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 1,2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8299 Mr. Thomas Fazio 401 N Main Street Suite 400 Hendersonville,NC 28792 SUBJECT: NOTICE OF VIOLATION NOV-2008-OP-0050 Stream Standard Violation- Other Waste (In-stream sediment) 401 Water Quality Certification(WQC) Henderson County Dear Mr. Fazio On September 23, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at your Laurel Park Highway property in Henderson County. Mr. Tim Fox with Henderson County Erosion Control was present. Stream standard and 401 Water Quality Certification violations related to work completed on a pond were noted during the inspection. Sediment and un-permitted fill impacts to an unnamed tributary to Finley Creek (Classified as B waters)were documented. VIOLATIONS I. Stream Standard Violation -Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 300 feet of an unnamed tributary to Finley Creek (Classified as B waters) was impacted by sediment deposition greater than 1 inch throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) M II. Failure to Secure a 401 WQC—Placing fill in a stream (rock footbridge)has occurred without a 404 Permit from the U.S. Army Corps of Engineers nor the accompanying 401 Water Quality Certification. .A Pre-Construction Notification submitted to DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500 NorthCarolina Natura!!ry North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycledl10%Post Consumer Paper Thomas Fazio Page 2 of 2 October 1,2008 These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. This office has determined that no further action is required to remedy the impacts described above. However, any future construction, maintenance or development activities on your property in or near waters should be properly reported to the appropriate agencies in order to comply with local, state and federal regulations. Should you have any questions regarding these matters,please contact Chuck Cranford at(828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Tim Fox Henderson County Erosion Control G:\WPDATA\DEMWQ\Henderson\Misc-Complaints\Fazio\NOV-2008-OP-0050.doc w A TF9 Michael F.Easley,Governor ' P )' G William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director F : Division of Water Quality SURFACE WATER PROTECTION SECTION October 1, 2008 Paul Seagle 208 Osborne Road Brevard, NC 28712 Deer Track Homeowners Association Nancy Elliott 196 Resada Drive Brevard, NC 28712 Subject: Discharge of Solid Waste from Deer Track Subdivision Transylvania County Dear Mr. Seagle and Ms. Elliott: This office received a complaint alleging the discharge of waste into a stream adjacent to Deer Track Subdivison. This letter is to request that you contact me within the next few days at this office; telephone (828) 296-4500 so that I may complete my investigation of a reported discharge of solid waste (yard waste) from Deer Track Subdivision into an adjacent stream. If my information is correct, I would request that you correct the problem and thereby cause this discharge to cease. I would hope that the repairs to your site can be competed with little difficulty. Please understand that such a discharge may constitute a violation of North Carolina General Statute (NCGS) 143-215.1; enforceable under provisions of NCGS 143- 215.6A as administered by this Agency. You are requested to take all action necessary and proper to correct the problem and eliminate the discharge. Thank you for your attention to this matter. I look forward to hearing from you at your earliest convenience. Sincerely, Linda Wiggs Environmental Specialist N,AhCarolina �aturallr� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Transylvania\Complaints\deertrack.doc An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper ,�. �� '�y i I. . 7;; 14 A,r�q Michael F.Easley,Governor QG William G.Ross Jr.,Secretary iJ tom.- North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director N5; Division of Water Quality SURFACE WATER PROTECTION October 2, 2008 Scott Owen PO Box 191 Rosman, NC 28772 Dear Mr. Owen: I received an email with your phone number and address stating you needed to speak with Division of Water Quality (DWQ) regarding a 401 Certification. The message stated the Army Corp of Engineers told you to contact DWQ. I have attempted on several occasions to contact you via telephone number 828-862-3309. There is not an answering machine at _ this number and no one has answered. Therefore I am sending you the application form for 401 Certification. If you have any questions feel free to contact me at 828-296-4500. Sincerely, e. Linda Wiggs Environmental Specialist Enclosure: PCN form Cc: ARO file NorthCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623- 6748G:\W P DATA\D EMWQ\Transylvania\scottowen-info:doc An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper A ,� ��. ���i �:.,. '�_:,; Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources r Coleen H.Sullins.Director Division of Water Quality `C Asheville Regional Office SURFACE WATER PROTECTION October 2, 2008 Mr. Darhyl Boone, Town Manager Town of Mars Hill Post Ofice Box 368 Mars Hill, North Carolina 28754-0368 SUBJECT: Compliance Evaluation Inspection Town of Mars Hill Wastewter Collection System Permit No: WQCS00201 Madison County Dear Mr. Boone: Attached is the report resulting from the wastewater collection system Compliance Evaluation Inspection which I conducted at the Town of Mars Hill on September 30, 2008. It was my determination that the Town of Mars Hill is doing a good job of maintaining and operating its wastewater collection system. I am pleased that the Town is engaged in the computer mapping of its collection system. As McGill Associates moves this project forward please insure that they address all mapping requirements as contained in the Town's collection system permit. It would put the Town in a better position to clean sewers if the Town Council could find a place in the Town budget for a sewer jetter. A jetter is the next logical piece of equipment for the Town to acquire for purposes of sewer maintenance. Now that Public Works is fully staffed perhaps a little more attention could be given to sewer right-of-way mowing. It is probably time to replace the present pump station emergency notification signs with metal signs. NorthCarolina Naturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have need to discuss this inspection report in detail please do not hesitate to call me at 828-296-4659. Sincerely, Roy M. Davis Environmental Engineer Enclosure cc: Robert Sams,Town of Mars Hill, CSORC PERCS Unit Surface Water Protection Central Files Asheville Files GAWPDATA\DEM MMadison\Mars Hill Collection System\Cover Letter.08.doc Compliance Inspection Report Permit: WQCS00201 Effective: 05/18/05 Expiration: 04/30/10 Owner: Town of Mars Hill SOC: Effective: Expiration: Facility: Mars Hill Collection System County: Madison PO Box 368 Region: Asheville Mars Hill NC 287540368 Contact Person: Robert M Sams Title: Phone:828-689-9850 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NCO057151 Town of Mars Hill-Mars Hill WWTP Inspection Date: 09/30/2008 Entry Time: 09:00 AM Exit Time: 11:55 AM Primary Inspector: Roy M Davis 'Yri� Phone: Ext.46 6-4500 Ext.4659 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant 0 Not Compliant Question Areas: Miscellaneous Questions Performance Standards ■Operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections ®Manhole Lines Reqmts (See attachment summary) Page: 1 Permit:WQCS00201 Owner-Facility:Town of Mars Hill Inspection Date: 09/30/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The Town of Mars Hill is doing a good job of operating its wastewater collection system. Assisted by a$50,000 grant McGill Associates is preparing an electronic map of the collection system. The Town could do a little more in terms of right-of-way maintenance. I would hope that the Town Council could find a place in the budget for funds to purchase a jetter. Metal signs would be a better and more permanent way to encourage emergency notification. Page: 2 Permit:WQCS00201 Owner-Facility:Town of Mars Hill Inspection Date: 09/30/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? Q 0 What educational tools are used? Quarterly newsletter to all customers. Is Sewer Use Ordinance/Legal Authority available? ® ❑ 0 n Does it appear that the Sewer Use Ordinance is enforced? ® Q 0 Q Is Grease Trap Ordinance available? ® ❑ Q 11 Is Septic Tank Ordinance available(as applicable, i.e.annexation) Q 0 Q List enforcement actions by permittee,if any,in the last 12 months None this year. Has an acceptable Capital Improvement Plan(CIP)been implemented? 0 0 Does CIP address short term needs and longterm\"master plant/concepts? ® ❑ n Q Does CIP cover three to five year period? ® 0 ❑ 0 Does CIP include Goal Statement? ® D 0 Q Does CIP include description of project area? ® ❑ ❑ 0 Does CIP include description of existing facilities? ® 0 ❑ ❑ Does CIP include known deficiencies? Q ❑ Q Does CIP include forecasted future needs? O N 0 0 Is CIP designated only for wastewater collection and treatment? ® 0 0 Approximate capital improvement budget for collection system? $150,000.00 Total annual revenue for wastewater collection and treatment? $315,000.00 CIP Comments Town hopes to build Cascade Street replacement sewer(Gabriel Branch outfall)this fiscal year. Is system free of known points of bypass? 0 ❑ O If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ® ❑ ❑ 0 #Does the sign include: Instructions for notification? ❑ ❑ ❑ Pump station identifier? Q ❑ 24-hour contact numbers ❑ Q Q If no, list deficient pump stations None Page: 3 Permit:WQCS00201 Owner-Facility:Town of Mars Hill Inspection Date: 09/30/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine #Do ALL pump stations have an"auto polling"feature/SCADA? ® 0 7 Number of pump stations Number of pump stations that have SCADA 1 Number of pump stations that have simple telemetry 8 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ■ ❑ Q #If yes,date implemented? Describe: Town does.not practice chemical root control. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ Q Are records available that document pump station inspections? ❑ ❑ 0 Are SCADA or telemetry equipped pump stations inspected at least once a week? Q Q D Are non-SCADA/telemetry equipped pump stations inspected every day? n n n Are records available that document citizen complaints? 0 Q ❑ Q #Do you have a system to conduct an annual observation of entire system? Q Q Q #Has there been an observation of remote areas in the last year? ❑ ❑ Q Are records available that document inspections of high-priority lines? Q ❑ Q Has there been visual inspections of high-priority lines in last six months? 0 ❑ Q Comment: Operation&Maintenance Requirements Yes No NA NE Are all log books available? 0 Q 00 Does supervisor review all log books on a regular basis? N Q Q Does the supervisor have plans to address documented short-term problem areas? ❑ ❑ N Q What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? As necessary. Are maintenance records for equipment available? N 11 Q Q Is a schedule maintained for testing emergency/standby equipment? E Q ❑ ❑ What is the schedule for testing emergency/standby equipment? Generators-weekly. Page: 4 Permit:WQCS00201 Owner-Facility:Town of Mars Hill Inspection Date: 09/30/2006 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? 0 ❑ ❑ Inspecting and exercising all valves? Q Cl 0 Inspecting and lubricating pumps and other equipment? ® C3 Inspecting alarms,telemetry and auxiliary equipment? ® 0 Q ❑ Is there at least one spare pump for each pump station w/o pump reliability? 0 Are maintenance records for right-of-ways available? ® ❑ 0 ❑ Are right-of-ways currently accessible in the event of an emergency? ® ❑ Q Are system cleaning records:available? N 0 Q Q Has at least 10%of system been cleaned annually? ® 0 What areas are scheduled for cleaning in the next 12 months? Line serving nursing home. Is a Spill Response Action Plan available? ® ® 00 Does the plan include: 24-hour contact numbers 00 0 Q Response time ® 0 ❑ Q Equipment list and spare parts inventory O 0 ❑ Q Access to cleaning equipment Q Access to construction crews,contractors,and/or engineers Source of emergency funds Q Site sanitation and cleanup materials ! Q Q ❑ Post-overflow/spill assessment ❑ Q Q Is a Spill Response Action Plan available for all personnel? ® Q 0 Q Is the spare parts inventory adequate? 01 Q Q Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? N 0 C Q Are records of SSOs that are under the reportable threshold available? Do spill records indicate repeated overflows(2 or more in 12 months)at same location? Q N 00 If yes, is there a corrective action plan? Is a map of the system available? 0 0 0 0 Page: 5 Permit:WQCS00201 Owner-Facility:Town of Mars Hill Inspection Date: 09/30/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes ® Q ❑ Q Pipe materials ® ❑ ❑ 13 rl Pipe location ® Q fl Flow direction Q ■ ❑ Q Approximate pipe age ® ❑ 0 n In n Number of service taps ® o Pump stations and capacity ® ❑ Q n If no,what percent is complete? 50 List any modifications and extensions that need to be added to the map Map is a works-in-progress. Maps are being prepared by McGill Associates in response to a$50,000 grant. #Does the permittee have a copy of their permit? ❑ ❑ Comment: . Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ❑ ❑ 00 , Are public notices and proof of publication available? n 11 #Is an annual report being prepared in accordance with G.S. 143-215.1C? Q Q ❑ 0 #Is permittee compliant with all compliance schedules in the permits? Q Q ❑ 0 If no,which one(s)? None Comment: Page: 6 ATFR Michael F.Easley,Governor 4� William G.Ross Jr.,Secretary rNoah Carolina Department of Environment and Natural Resources .� Coleen H.Sullins,Director Division of Water Quality October 2, 2008 Jeff Parker, Director Transylvania County Soil and Water Conservation Disctrict 106 East Morgan Street Suite 138 Brevard, NC 28712 Subject: 401 Certification Application Non-Site specific Stream Bank Stabilization Transylvania County Dear Mr. Parker: The Asheville Regional Office of the NC Division of Water Quality (DWQ) has received a single copy of a PCN application with .processing fee. As per 15A NCAC 2H .0502 (a) requires that 401 Certification applications be received by the Director of the Agency (Central Office Address in Raleigh as stated in the PCN application). Additionally, The instructions require that 7 copies be submitted with the processing fee. This office is returning the submitted information as incomplete and .not in accordance with the instructions provided. Please send the PCN application (7 copies) along with the processing fee to the Central Office address listed in the PCN application instructions. Should you have any questions in this matter, please do not hesitate to contact Kevin Barnett at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: Andrew Bick, P.E., Confluence Engineering 107 Merrimon Ave. Suite 325 Asheville, NC 28801 Ian McMillan —401 Permitting Unit ARO File Copy U.S. Army Corps of Engineers, Asheville Regulatory Field Office File: TransylvaniaS&W Streambank StabilizationReturn.doe Nona thCarolina Natwally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Transylvania\401 s\TransylvaniaS&WStreambankStabilizationReturn.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper �, 1 Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION October 2, 2008 Mr.W Lane Bailey City of Lenoir PO Box 958 Lenoir NC 286450958 SUBJECT: Compliance Evaluation Inspection Gunpowder Creek WWTP Permit No: NCO023736 Caldwell County Dear Mr. Bailey: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted on September 18, 2008. The Compliance Evaluation Inspection was conducted by Jeff Menzel of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0023736. 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: Monte L Wall, ORC Central Files Asheville Files �.One Carolina tura!!y 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\VVPDATA\DEMWQ\Caldwell\Lenoir WWTPs\23736 Gunpowder Creek United States Environmental Protection Agency Form Approved. C P n Washington,D.C.20460 OMB No.2040-0057 !'1 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 U 31 NCO023736 I11 121 08/09/18 17 181r1 191G1 201 4_ Remarks LJ L.! L1 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA --------------------------Reserved---------------------- 67 I 169 7013_ I 71 U 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) 11:30 AM 08/09/18 07/09/01 Gunpowder Creek WWTP NCSR 1127 Exit Time/Date Permit Expiration Date Lenoir NC 28645 02:00 PM 08/09/18 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Officia I/Title/P hone and Fax Number Contacted Mack W Edmisten,PO Box 958 Lenoir NC 286450958//828-396-1006/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement Operations&Maintenance Records/Reports Sludge Handling Disposal 0 Facility Site Review Effluent/Receiving Waters Storm Water Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff 4menel ARO WQ//828-296-4500/ Signature of Management 9,A Reviewe, 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 1 3I NCO023736 �11 12I 08/09/18 117 18' _, Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This facility appears to be operating in compliance. During the inspection one diffuser line was out in the aeration basin, operator Donnie Hawkins brought this to the attention of the other operators at the plant. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO023736 Owner-Facility: Gunpowder Creek WWTP 'Inspection Date: 09/18/2008 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ® n ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ n Comment: This plant has a batch discharge, it was not discharging at the time of inspection Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ! ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids,pH, DO, Sludge ■ ❑ ❑ ❑ Judge,and other that are applicable? Comment: Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ❑ Is the facility as described in the permit? 0 ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ® ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual Q b.Mechanical Are the bars adequately screening debris? ❑ Cl ❑ Is the screen free of excessive debris? ❑ ❑ ❑ Is disposal of screening in compliance? Q ❑ ❑ Is the unit in good condition? ❑ ❑ ❑ Comment: Grease Removal Yes No NA NE #Is automatic grease removal present? ❑ ❑ ❑ Is grease removal operating properly? ❑ ❑ ❑ Comment: Sequencing Batch Reactors Yes No NA NE Page# 3 Permit: NCO023736 Owner-Facility: Gunpowder Creek wwTP Inspection Date: 09/18/2008 Inspection Type: Compliance Evaluation Sequencing Batch Reactors Yes No NA NE Type of operation: Simplex,Multiple Is the reactor effluent free of solids? ■ ❑ ❑ ❑ Does minimum fill time correspond to the peak hour flow rate of the facility? ■ ❑ ❑ ❑ Is aeration and mixing cycled on and off during fill? ■ ❑ ❑ ❑ The operator understands and can explain the process? ■ ❑ ❑ ❑ Comment: De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ ❑ Is storage appropriate for cylinders? ■ ❑ ❑ #Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ■ ❑ Are tablet de-chlorinators operational? ❑ ❑ ■ ❑ Number of tubes in use? Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ■ ❑ Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ■ ❑ Comment: Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ❑ ■ Comment: Annual flow meter calibration was done on September 4th, 2008. Page# 4 Permit: NC0023736 Owner-Facility: Gunpowder Creek WWTP inspection Date: 09/18/2008 Inspection Type: Compliance Evaluation Standby Power Yes No NA NE Is automatically activated standby power available? ■ Q Is the generator tested by interrupting primary power source? ® n Is the generator tested under load? ® C3 Was generator tested&operational during the inspection? 0 Do the generator(s)have adequate capacity to operate the entire wastewater site? ® Q Q 0 Is there an emergency agreement with a fuel vendor for extended run on back-up power? ® ❑ ❑ Is the generator fuel level monitored? ® Q 0 0 Comment: The generator is run once a month and run under load bi-annually Page# 5 �\ �, �_%i /__.. Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 2, 2008 Mr. W Lane Bailey City of Lenoir PO Box 958 Lenoir NC 286450958 SUBJECT: Compliance Evaluation Inspection Lower Creek WWTP Permit No: NCO023981 Caldwell County Dear Mr. Bailey: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted on September 18, 2008. The Compliance Evaluation Inspection was conducted by Jeff Menzel of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0023981. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please call me at 828-296-4500. Sincerely, ~ Jeff Menzel Environmental Specialist. Enclosure cc: Monte L Wall, ORC Central Files Asheville Files Noy thCarolina Xatura!!y 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Caldwell\LenoirWVVTPs\23981 Lower Creek WWTP United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 OMB No.2040-0057 Cr/'1 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 Is 31 NCO023981 I11 121 08/09/18 17 18IcI 191GI 20� I Remarks -t J 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67I 169 701 31 711 I 721 NI 73f ' 174 751 I I ( I I I 180 Section B: Facility Data 1_u 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) Lower Creek WWTP 09:45 AM 08/09/18 05/03/01 NCSR 1149 Exit Time/Date Permit Expiration Date Lenoir NC 28645 11:15 AM 08/09/18 10/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Monte L Wall/ORC/828-757-2198/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted W Lane Bailey,PO Box 958 Lenoir NC 286450958//828-757-2200/828757216 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement .Operations&Maintenance S Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary). (See attachment summary) Name(s)and Signature(s)oflnspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Men 1 ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/]Office/Phone and Fax Numbers Date L Zj� EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO023981 I11 12I 08/09/18 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO023981 Owner-Facility: Lower Creek WWTP ,nspection Date: 09/18/2008 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids, pH, DO,Sludge ■ ❑ Cl ❑ Judge, and other that are applicable? Comment: House keeping looked good. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ■ ❑ Cl Is access to the plant site restricted to the general public? ■ Cl ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ■ ❑ ❑ ❑ Comment: The flow meter was calibrated on September 4th 2008. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ■ Are the bars adequately screening debris? 110110 Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ❑ ■ ❑ ❑ Comment: The mechanical bar screen has been broken for the last year. The facility has been using a manual bar screen the bars are not adequately screening debris, because of this debris is making it through the entire length of the plant evidence of this was seen on the clarifer weirs. A new mechanical bar screen should be installed by February 2009. Grit Removal Yes No NA NE Type of grit removal Page# 3 Permit: NCO023981 Owner-Facility: Lower Creek WWTP Inspection Date: 09/18/2008 Inspection Type: Compliance Evaluation Grit Removal Yes No NA NE a.Manual ❑ b.Mechanical ❑ Is the grit free of excessive organic matter? ❑ ❑ ■ ❑ Is the grit free of excessive odor? ❑ ❑ ■ ❑ #Is disposal of grit in compliance? ❑ ❑ ■ ❑ Comment: The grit removal system currently is not being utilized until the new bar screen is in place. De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ ❑ Is storage appropriate for cylinders? ■ ❑ 0 ❑ #Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ .Comment: Are the tablets the proper size and type? ❑ ❑ ■ ❑ Are tablet de-chlorinators operational? ❑ ❑ ■ ❑ Number of tubes in use? Comment: Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ ❑ ❑ ❑ Are pumps operational? ■ ❑ ❑ ❑ Are there adequate spare parts and supplies on site? ■ ❑ ❑ ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ ❑ ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ❑ ❑ 0 ■ Is the tubing clean? ■ ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ❑ ❑ ❑ ■ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ Q Page# 4 Permit: NCO023981 Owner-Facility: Lower Creek WWfP inspection Date: 09/18/2008 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Comment: There was frost accumulated inside the sampler however it is recommended that the operators place a thermometer in the composite sampler. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ ❑ ❑ ❑ Are cylinders protected from direct sunlight? ■ ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? ■ ❑ Q ❑ Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ ■ 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? ■ ❑ ❑ ❑ If yes,then what is the EPA twelve digit ID Number?(1 000- - ) 0015-6458 If yes,then when was the RMP last updated? Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ■ ❑ ❑ Are weirs level? ® ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ■ ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ❑ ■ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ❑ ❑ ❑ ■ Comment: The clarifiers appeared to have some kind of red growth in them; the left clarifier had significantly more of this built up. The operator stated that he had seen this event before but never so concentrated. This did not appear to have a significant impact on disinfection or the clarity of the effluent. It would be advisable for the operator to document this event for future reference or if there were compliance issues associated with it. Pictures will printed out and placed in the ARO files. Page# 5 Michael F.Easley,Governor William G.Ross Jr.,Secretary ✓G North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 2, 2008 Mr. Angelo Acceturro Wilderness Trail 140 Azalea Circle Banner Elk,NC 28604 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Wilderness Trail DWQ Tracking Number: NCR001102 Reference:NOV-2008-PC-0637 Avery County Dear Mr. Acceturro: A Notice of Violation(NOV), referenced above, was issued on September 5, 2008 for Wilderness Trail along Elk Park Highway in Avery County. Environmental Consulting Services provided a response for this NOV to the Division of Water Quality on September 26, 2008. The NOV requested sediment removal, specifically Required Response #II. Environmental Consulting Services provided a Sediment Removal Plan as part of the response to the NOV. This Sediment Removal Plan is approved. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty (30) days of this approval letter. Sincerely, Linda Wiggs Environmental Specialist Surface Water Protection Section cc: ARO File Copy DWQ Central Files Avery County Planning Dept. Environmental Consulting Services John Villas 643 Greenway Rd Suite K3 Boone,NC 28607 NorthCarolina Naturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 877-623-6748 G:\WPDATA\DEMWQ\Avery\Stormwater Construction NCG01\WildernessTrail-NCR001102\wildernessSedtRemovalAPPROVE.doc Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 3,2008 Thomas Frungillo 3403 Old Onslow Rd Greensboro,NC 27407 SUBJECT: Notice of Violation Response and Stream Restoration Plan Approval Frungillo Property Reference: NOV-2008-OP-0038 Caldwell County Dear Mr. Frungillo: A Notice of Violation(NOV),referenced above, was issued on August 6, 2008 for your property along Brigadoon Road in Caldwell County. The Caldwell County Soil and Water District provided technical assistance to you in response for this NOV on September 17, 2008. The NOV requested stream restoration, specifically Required Response#II. The Soil and Water District provided a technical guide for stream reclamation, which is acceptable to the Division of Water Quality. You purchased the property with the pond and have stated you are not sure whether you wish to restore it to a stream. If you plan to keep the pond you will still need to address the sediment removal process and land stabilization necessary for compliance. Restoration and compliance activities, as well as submittal of the final report, are to be completed within thirty (30) days of this approval letter. The watershed you will be working in is classified as Trout waters, a moratorium on work in these waters begins on October 15th,please plan accordingly. If you plan to restore the pond,please inform me and the Soil and Water District of what date you plan to begin your restoration activity. Sincerely, . :, j J Linda Wiggs Environmental Specialist Surface Water Protection Section cc: ARO File Copy DWQ Central Files Caldwell County Soil and Water Kevin Clark 120 Hospital Ave NE Suite 2 Lenoir,NC 28645 one NorthCarolina Naturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 877-623-6748 G:\W PDATA\DEMWQ\Caldwell\Com plaints\Frungillo\soil-waterAPPROVE.doc a\ �� / `�� �.., �,:i Michael F.Easley,Governor William G.Ross Jr.,Secretary �G North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director AAA �—� Division of Water Quality ' Asheville Regional Office SURFACE WATER PROTECTION October 3, 2008 Franklin Daniel Anderson 2833 Arthurs Ln Lenoir,NC 28645 SUBJECT: Notice of Violation Response and Stream Restoration Plan Approval Anderson Property Reference:NOV-2008-OP-0037 Caldwell County Dear Mr. Anderson: A Notice of Violation(NOV), referenced above, was issued on August 6, 2008 for your property along Brigadoon Road in Caldwell County. The Caldwell County Soil and Water District provided assistance to you in response for this NOV on September 17, 2008. The NOV requested stream restoration, specifically Required Response#I. The Soil and Water District provided a technical guide for stream reclamation,which is acceptable to the Division of Water Quality. Activities involved in this accepted plan, as well as submittal of the final report, are to be completed within thirty(30) days of this approval letter. The watershed you will be working in is classified as Trout waters, a moratorium on work in these waters begins on October 15th,please plan accordingly. Please inform me and the Soil and Water District of what date you plan to begin this restoration. Sincerely, /1A (/ Linda Wiggs Environmental Specialist Surface Water Protection Section cc: ARO File Copy DWQ Central Files Caldwell County Soil and Water Kevin Clark 120 Hospital Ave NE Suite 2 Lenoir,NC 28645 NorthCarolina Naturallr( 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 877-623-6748 G:\WPDATA\DEMWQ\Caldwell\Complaints\Hnderson\soil-waterAPPROVE.doc �\\ �� I ,� �/ fF� Michael F. Easley, Governor QG William G. Ross Jr., Secretary UN I r North Carolina Department of Environment and Natural Resources "I 4 '< Coleen Sullins. Director Division of Water Quality October 3, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8305 Steven Harris 1600 Camden Road Charlotte, NC 28208 Subject: Stormwater Management Permit Application Cashiers Canoe Club Development, LLC Jackson County Dear Mr. Harris: On August 4, 2008, the Division of Water Quality (DWQ), Asheville Regional Office received your submittal for a Stormwater Management Permit for the Canoe Club Development in Cashiers, NC. After a preliminary review the submittal has been deemed deficient, and we are returning it unprocessed. For your assistance in future submittals the following items will be needed; 1. Plan symbology/details must clearly be depicted in the legend. 2. Plan scales need to be larger. See Device BMP Supplement; 1"=50' or larger 3. Property and project boundaries need to be included. If these are the same please articulate. 4. All water features, and buffers need to be clearly delineated on all plans. For example wetlands were not shown on C7.1&2. Placement of Communal #9 and Individuals#128, 129. 5. Mean and/or seasonal high water line is identified. For example: Cashiers Lake high water line, stream high water line. Communal #12, Individual #120, 122, 124. 6. Existing contours, and proposed contours are clearly shown. 7. Drainage areas are delineated; including all off-site contributions. The drainage areas for each stormwater management device must be delineated. The size of the system must take into account the runoff at the ultimate built-out potential from all surfaces draining to the system, including any off-site drainage. 8. All Built Upon Area must be shown, including driveways, sidewalks etc or be included in the calculations and described. 9. Drainage easements and pipe sizes are identified 10.Stormwater conveyance systems are shown. 11. BMP bypass must be identified. 12.Vegetated filters and level spreaders are identified at each BMP bypass. one NorthCarolina Naturally North Carolina Division of Water Quality 2090 US Hwy 70,Swannanoa,NC 28778 Phone(828)296-4500 Internet: www ncwatergualily.org Fax (828)299-7043 G:\WPDATA\DEMWQ\Jackson\State Stormwater Management\CanoeClub\SW1080801 return.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Steven Harris Page 2 of 2 October 3, 2008 13.Correct supplements are provided for each drainage area. If using a typical BMP design sheet for multiple houses/lots, please provide a table correlating lots and devices 14.Supporting calculations are provided for the numerical data submitted in the application and supplements. The plans and the narrative are primarily for erosion control instead stormwater. 15.On-site soil borings at the location of the proposed treatment system need to be included. A soil profile and characteristics including the depth to the seasonal high water table (SHWT) is given. Is Communal#2 under a road. 16.Monitoring wells for BMP need to be included. 17.Deed restrictions provided for all lots. Please see our checklist on our website to help check that you re-submittal includes all necessary items. It can be downloaded from http://h2o.enr.state.nc.us/su/documents/`checklistrev-l.pdf. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Also keep in mind any stream impacts may require permitting from the Army Corp of Engineers and Division of Water Quality. Please contact me should you have any questions or concerns. Sincerely, r, Linda Wiggs Environmental Specialist Asheville Regional Office (828) 296-4500 Enclosure: Submittal Package cc: Asheville Regional Office DWQ Central Files Land Design Attn: Marty Kocot 1 Page Ave. Suite 220 Asheville, NC 28801 Michael F.Easley,Governor William G.Ross Jr.,Secretary . North Carolina Department of Environment and Natural Resources P Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 3, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8312 Connie Ledford Woodfin Auto and Salvage, Inc. 1430 Riverside Drive Asheville,NC 28804 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Woodfin Auto and Salvage, Inc. NPDES Permit Number: NCG100109 NOV-2008-OP-0051 Discharge Without a Permit Buncombe County Dear Ms. Ledford: According to our records, the required NPDES Stormwater Discharge Permit providing coverage for your facility to discharge stormwater to waters of the state has expired. Failure to complete the renewal process places you in violation of the law. VIOLATIONS I. Discharge Without a Permit. Causing or permitting discharges without a permit is a violation of North Carolina General Statute 143-215.1(a),North Carolina General Statute 143-214.7 and 15A North Carolina Administrative Code 211 .0126. REQUIRED RESPONSE This Office requests that you respond in writing within 7 days of receipt of this Notice. Your response should be sent to the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. Your response should address the following items: NorthCarolina Naturallrff North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Connie Ledford Page 2 of 2�\ October 3,2008 I. Renewal of NPDES Stormwater Permit NCG100109 a. Explain when you plan to complete the renewal of the required NPDES Stormwater Discharge Permit for your facility. b. Provide a completed Stormwater Pollution Prevention Plan to this office only. This office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Chuck Cranford at(828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Gary Williams ETEC PO Box 502 Morristown, TN 37815 G:\WPDATA\DEMWQ\Buncombe\Stormwater Auto Salvage NCG10\Woodfin Auto Parts NCG100109\NOV-2008-OP-005Ldoc � R Michael F.Easley,Governor QWilliam G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources .-i p Coleen H.Sullins,Director Division of Water Quality October 3, 2008 DWQ Project # 08-1009 McDowell County Leroy B. Pope LAD, NC LLC 3878 US Highway 226A Marion, NC 28752 Subject Property: Bella Machree Suvbdivision UT to Sycamore Brance [030830, 11-24-15-10-2, HQW] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Pope: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 1470 linear feet of streams for the purpose of propery access at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on August 6, 2008. After reviewing your - application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of Engineers (USACE). 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, Non-discharge, and state stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA. Permit. This approval 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 Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved No;thCarol 401 Oversight/Express Review Permitting Unit atllrQll 1650 Mail Service Center,Raleigh,North Carolina 27699-1650 2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604 Phone: 919-733-1786/FAX 919-733-6893/Internet:http://h2o.enr.state.ne.us/ncwetlands An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper LAD; Page, October 3,�10� The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or (Units) Reference Stream 60 (linear feet) 1 Stream 40 (linear feet) 2 Stream 40 (linear feet) 3 2. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing. 3. Written State Stormwater Permit Approval Needed A final, written state stormwater permit is required prior to impacts under this authorization. No construction is waters or on lands draining to waters classified as HQW shall commence prior to receipt of the State Stormwater Permit. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The 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 404 or CAMA Permit. 4. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 5. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. LAD,NC LLC Page 3 of 3 October 3,2008 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director CHS/khb Enclosures: GC 3705 Certificate of Completion cc: Thomas Freeman, CPESC - Freeman Environmental Consulting 411 Lower Hanging Rock Road Spruce Pine, NC 28777 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office David McHenry., NC Wildlife Resources Commission 401 Permitting Unit, Central Office File Copy Central Files Filename: �'c::;�j STAFF REPORT TO: Steve Tsadwa Construction Grants and Loans FROM: Roy Davis " Asheville Regional Office DATE: October 3, 2008 SUBJECT: Wastewater Treatment Plant Modifications Benson Apartments Request for Authorization to.Construct NPDES Permit Number NC0066362 Henderson County The subject Authorization to Construct request prepared by Laughter, Austin and Associates, among other things discusses the construction of a flow equalization basin in front of the WWTP serving the Benson Apartments and a new chlorination/dechlorination basin following the WWTP. I have no information to offer to you regarding this project which will not become known to you as you review this report. I favor issuance of the requested Authorization to Construct. Please do not hesitate to call should it be useful to you to discuss this project. �\ \._ r I�::_ Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources JV�7 Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 6, 2008 Steve Vermillion HMVHN-3 VHM,LLC 1600 Camden Rd Charlotte,NC 28203 Jim Waddell Taylor and Murphy Construction Co. 1121 Brevard Rd. Asheville NC 28816 SUBJECT: Notice of Violation Response-Sediment Removal/Monitoring Plan Approval North Ridge Commons DWQ Tracking Number: NCR000781 Reference: NOV-2008-PC-0527 Buncombe County Dear Sirs: A Notice of Violation (NOV), referenced above, was issued on July 22, 2008 for North Ridge Commons along HWY 25/70 and I-26 in Buncombe County. On August 26, 2008,Division of Water Quality approved restoration of the northern tributary (#1) as well as requested more information. More information requested included a monitoring plan for tributary#1 and sediment removal plans for tributary#2. Clear Water Environmental Consultants provided the requested information for this NOV to the Division of Water Quality on September 15, 2008. The restoration plan for tributary#1 was already approved on August 26, 2008. The monitoring plan associated with the restoration work on this tributary is hereby approved. Also approved is the sediment removal plan for tributary#2. Activities involved in sediment removal on tributary#2, as well as submittal of the final report, are to be completed within thirty(30).days of this approval letter. Sincerely, / Av P/,1'4+' f Linda Wiggs Environmental Specialist Surface Water Protection Section cc: ARO File Copy DWQ Central Files Buncombe County Erosion Control Clear Water Environmental Consultants one NorthCarolina 11vatura!!il 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 877-623-6748 G:IWPDATAIDEMWQIBuncombelStormwater Construction NCG011NorthRidge-WalmartNCR0007811RestorationlAPPROVE10-08.doc \. 1 Michael F.Easley,Governor William G.Ross Jr.,Secretary r'G North Carolina Department of Environment and Natural Resources F Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 6, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 8329 Mr. David Haight Mountain High, LLC 1088 Arrowhead Dr Mineral Bluff, GA. 30559 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Mountain High DWQ Tracking Number: NCROO1222 NOV-2008-PC-0699 Construction Stormwater Permit NCGO10000 Stream Standard Violation- Other Waste (In-stream sediment) Cherokee County Dear Mr. Haight: On September 11, 2008, Linda Wiggs from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for Mountain High along Loki Lane in Cherokee County. No site representatives were present. Construction Stormwater Permit NCGO10000, and stream standards violations were noted during the inspection and file review. Sediment impacts to Unnamed Tributary to North Potato Creek, Classification C were documented constituting permit, and standard violations. Greater than 1,000 feet of stream was impacted with sediment impacts from your property as a result of lacking or failed erosion control measures. Division of Land Resources has not issued an Erosion and Sedimentation Control Plan for the land disturbance off Loki Lane. It is required that you contact the Division of Land Resources. This contact is necessary to ensure that you are in compliance with the Sedimentation Pollution Control Act. As a result of the site inspection and file review, the following violations, detailed below, were noted: VIOLATIONS I. Construction Stormwater Permit NCGO10000 -A Construction Stormwater Permit (NCGO10000)is issued upon the approval of an Erosion and Sedimentation Control Plan r NothCarolina Natura!!ry North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Cherokee\Stormwater Construction NCG01\MtnHigh-NCR001222\nov-2008-pc-0699.doc An Equal Opportunity/Affirmative Action Employer-50%Recycled110%Post Consumer Paper Mountain High, LLC Page 2 of 4 October 6, 2008 for sites greater than one acre. Specifically,the NCGO 10000 Permit authorizes discharge \ of stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with Title 15 A North Carolina Administrative Code 2H.0100. a. Approved Plan (Part I. Section A: No. 2.) Division of Land Resources has not issued an Erosion and Sedimentation Control Plan for the land disturbance off Loki Lane b. Rain Gauge (Part I. Section B. No. 1.)A rain gauge was not observed on the site at the time of inspection. c. Rain Gauge Data(Part I. Section B. No. 1.) Rain gauge data, measured daily,was not recorded and available for review. However, a site representative was not available during the inspection. d. Schedule of Compliance (Part I. Section C. No.2) Failure to operate and maintain stormwater controls to optimum efficiency as cited by Division of Land Resources Notice of Violation dated September 29, 2008, represents a violation of NCGO10000 Permit. e. Minimum Monitoring and Record Keeping(Part I. Section B. No. 3) Inspection records of erosion& sedimentation control measures and stormwater discharges, collected weekly and after every half-inch or greater rain event, were not available for review. However, a site representative was not available during the inspection. L Twenty-four Hour Reporting(Part II. Section E. No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO10000 Permit. II. Stream Standard Violation- Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 1,000 feet of an Unnamed Tributary to North Potato Creek, Classification C,was impacted by sediment deposition greater than 2 inches throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f) REQUIRED RESPONSE This Office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCG010000 a. Please explain when you anticipate being in full compliance with the NCGO 10000 Permit and permitted under the Erosion and Sediment Control Plan. b. Minimum Monitoring and Record Keeping — Please provide copies of all monitoring and record keeping for the past six weeks to Linda Wiggs. Please refer to the attached Stormwater Inspection For General Permit :LC Page 3 of 4 NCG010000 form. This form is to be filled out for every week and after each %2 inch rain event. The following bulleted list provides guidance on how to conduct monitoring and record keeping activities in such a way as to be compliant with the NCGO10000 Permit. • Rainfall is to be monitored and recorded daily as noted in the RAINFALL Section of the form. Rainfall data should not be reported based on a weekly accrual read of the date of the inspection. • Erosion and Sedimentation Control Facilities are to be inspected every week and after each '/z inch rain event. It is required to individually list each of the BMPs (e.g. basins, silt fences, etc.)to be inspected, the date and time inspected,the initials of the inspector, whether the device is operating properly, and any corrective actions taken as noted in the EROSION AND SEDIMENTATION CONTROL FACILITES INSPECTED Section of the form. • Stormwater Discharge Outfalls are to be inspected every week and after each '/2 inch rain event. It is required to individually list each of the outfalls to be inspected, the date and time inspected,the initials of the inspector, clarity, floating and suspended solids,oil sheen, other pollution indicators, visible sediment, and any preventative or corrective actions taken as noted in the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS Section of the form. c. You should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. II. Stream Standard - Other Waste (In-Stream Sediment a. Please explain when construction(excavation, grubbing, and clearing) began at the site. b. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response. c. Please submit a Sediment Removal Restoration Plan(Restoration Plan)to this office for review and approval. The Restoration Plan must address.removal of the accumulated sediment from Unnamed Tributary to North Potato Creek. The Restoration Plan must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan development,permit application and authorization necessary to achieve compliance. It is recommended that your consultant contact Linda Wiggs of the Asheville Regional Office for additional guidance during restoration plan development. At a minimum the Restoration Plan should include the following: Mountain High, LLC Page 4 of 4`, October 6, 2008 • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel,referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Linda Wiggs. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Linda Wiggs at(828) 296-4500. - Sincerely, A Roger C. Edwards Regional Supervisor Surface Water Protection Section Enclosures: NCGO10000 permit Stormwater Inspection For General Permit NCGO 10000 form cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources Cherokee County Planning O�W ATFR Michael F. Easley,Governor William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director (O Division of Water Quality Asheville October 7, 2008 Mr. J. Wilton Graves, President Graves Development Corporation Post Office Sox 6 Waynesville, North Carolina 28716 Subject: Permit No. WQ0033465 Graves Development Corporation Cold Mountain Development Wastewater Collection System Extension Construction Only Haywood County Dear Mr. Graves: In accordance with your application received on September 8, 2008 and subsequently resubmitted on September 22, 2008 we are forwarding herewith Permit No. WQ0033465, dated . October 7, 2008 to Graves Development Corporation for the construction of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's "notice to proceed" for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 One An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper NO Naturally tur Graves Development Corporation October 7, 2008 Page,,, In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Graves Development Corporation to construct approximately 15,093 linear feet of 6-inch diameter gravity sewer to serve the Cold Mountain Development pursuant to the application received on September 22, 2008 and in conformity with 15A NCAC 2T .0305; 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 is a construction only permit. This wastewater collection system shall not be put into service until written authorization is received from the Division of Water Quality. When you are finally authorized to put this collection system in use, the sewage and wastewater collected by this system shall be treated in the Cold Mountain Development's Wastewater Treatment Facility (Permit No. WQ0029962). If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Haywood County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025321) Jeff Foster, PE PERCS Files Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Haywood\WQ0033465-Cold Mountain.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES GRAVES DEVELOPMENT CORPORATION COLD MOUNTAIN DEVELOPMENT HAYWOOD COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033465, CONSTRUCTION ONLY This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit, 15A NCAC .0305; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .04013. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No W00033465 Graves Development Corp., Cold Mountain Development. Haywood Co., Oct 7 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 No W00033465, Graves Development Corp., Cold Mountain Development Haywood Co.. Oct 7, 2008 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division.approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 7th day of October; 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r�&4 forlColken H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033465 3 Permit No W00033465 Graves Development ent Corp., Cold Mountain Development Haywood Co Oct 7, 2008" ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 15,093 linear feet of 6-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations(selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having . been authorized to observe (❑ periodically, ❑ weekly, ❑full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ......................................................................................: SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 :................................................_................................................_, The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources y. ColeenH.Sullins,Director Division � Division of Water Quality C Asheville Regional Office SURFACE WATER PROTECTION October 8, 2008 Will Womack The Settings of Black Mountain LLC 11 Terry Estate Drive Black Mountain,NC 28711 SUBJECT: NPDES Stormwater Permit Compliance Inspection The Settings of Black Mountain,LLC Permit No: NCG010000 DWQ Tracking Number: NCR001225 Buncombe County Dear Mr. Womack: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on October 2, 2008. The facility was found to be in compliance with permit NCG010000. Enclosed is a copy of the Compliance Inspection Report,which contains additional observations and comments for your reference. Please contact me at(828) 296-4664 or chuck.cranfordgncmail.net, if I can be of any further assistance. Sincerely, Chuck C' nford Enclosure cc: Central Files Asheville Files NorthCarolina NRtzm7lit,� 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 877-623-6748 G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCG01\Settings_NCR001225\CEI_10-02-2008.doc .� �� \� �, �\� ,. i Compliance Inspection Report Permit: NCGO10000 Effective: 10/03/08 Expiration: Owner: The Settings of Black Mountain LLC SOC: Effective: Expiration: Facility: The Settings of Black Mountain, LLC County: Buncombe Settings Blvd Region: Asheville DWQ Tracking No: NCR001225 Black Mountain NC 28711 Contact Person: Richard McWhorter Title: Phone:678-384-4500 Directions to Facility: Off Hwy 9,south of Black Mountain System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 10/02/2008 Entry Time: 02:00 PM Exit Time: 03:00 PM Primary Inspector: Chuck Cranford Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Construction Stormwater Facility Status: ■ Compliant Q Not Compliant Question Areas: Construction (See attachment summary) Page: 1 Permit:NCR001225 Owner-Facility:The Settings of Black Mountain LLC Inspection Date: 10/02/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The inspector was met on site by Mr. Will Womack of the Settings and Mr. Doug Sharp of Buncombe County Planning and Development. At the time of the inspection the site was found to be in compliance with their NCG01 permit. Mr. Womack assisted the inspector with the document review and facility inspection, providing ample assistance and information. Mr. Sharp accompanied the inspector and Mr.Womack during the site visit. Discussion was held regarding the last large storm event that occurred, which impacted the road in the Phase 3 section of the development. The rainfall amounts far-exceeded the 10-year design storm under which the project was permitted. During that rain event, Settings personnel established additional temporary measures to prevent significant sediment loss to surface waters and appeared to have been effective. According to Mr.Womack, an updated E&SC plan is being developed for Phase 3 to improve performance of the measures during storm events. Page: 2 Permit:NCR001225 Owner-Facility:The Settings of Black Mountain LLC Inspection Data: 10/02/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine DLR or Local Program Inspection Yes No NA NE #Is this inspection related to a DLR/local program inspection? ■ ❑ #If Yes,what was the DLR /local program inspection date? 10/02/2008 E&SC Plan Yes No NA NE Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program ■ ❑ ❑ ❑ Inspection Report? Comment: Erosion Control Measures Yes No NA NE Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? ■ ❑ ❑ ❑ Comment: Approved E&SC Plan Yes No NA NE Is a copy of the approved E&SC plan on site? ■ ❑ ❑ ❑ Comment: An updated plan is under development for Phase 3. Rain Gauge Yes No NA NE Is a rain gauge present on the site at the time of inspection? ■ Q ❑ ❑ Comment: Rain Gauge Records Yes No NA NE Is rain gauge data measured and recorded? ■ ❑ ❑ ❑ Comment: Inspection Records Yes No NA NE Are inspection records of erosion&sedimentation control measures and stormwater discharges complete? ■ 0 110 Comment: Other NCG010000 Permit Conditions Yes No NA NE Is the site compliant with other conditions of the NCG010000 permit? ■ ❑ ❑ ❑ Comment: Other Water Quality Issues Yes No NA NE Is the site free of any other Water Quality issues as noted during the inspection? ■ ❑ ❑ ❑ Comment: The inspector did not conduct an exhaustive survey of all surface waters. Visual inspection was conducted of segments of the main stem tributary including off-site locations downstream of the Settings property. Further inspections will be conducted on subsequent visits. Page: 3 ��\ /._...., i I ` ' r WA7-F Michael F. Easley, Governor RpG William G. Ross Jr.,Secretary y North Carolina Department of Environment and Natural Resources > y Coleen H.Sullins, Director U Y Division of Water Quality Asheville October 8, 2008 Mr. Lee Smith, Director Water& Sewer Department City of Hendersonville 305 Williams Street, Suite 119 Hendersonville, North Carolina 28792 Subject: Permit No. WQ0033487 City of Hendersonville Ingles# 179 Wastewater Collection System Extension Henderson County Dear Mr. Smith: In accordance with your application received on September 30, 2008, we are forwarding herewith Permit No. WQ003.3487 dated October 8, 2008, to the City of Hendersonville for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's " notice to proceed" for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C,, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper City of Hendersonville October 8, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Hendersonville to construct and operate approximately 208 linear feet of 8-inch diameter gravity sewer, to serve the Ingles# 179 store and the discharge of 150 gpd of additional wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received on September 30, 2008 and in conformity with 15A NCAC 2T .0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into Mud Creek in the French Broad River Basin. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025534) Patrick Rivers, PE Surface Water Protection Central Files PERCS Files G:\WPDATA\DEMWQ\Henderson\Hendersonville CS\W00033487 Hendersonville-Ingles# 179.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF HENDERSONVILLE INGLES#179 HENDERSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER W00033487 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per,year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No. W00033487, City of Hendersonville, Ingles# 179. Henderson County. October 8. 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 ao W00033487, City of Hendersonville Ingles# 179 Henderson County, October 8, 2008 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800).858-0368 or (919) 733-3300. Persons reporting any of the,above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 8th day of October, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Cole4n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033487 3 Permit No W00033487, City of Hendersonville Ingles# 179 Henderson County. October 8, 2008 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: approximately 208 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: .............................................................................................. : SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ..................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. j' ��W ATF' Michael F. Easley,Governor William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director O Division of Water Quality Asheville October 8, 2008 Mr. Lee Smith, Director Water& Sewer Department City of Hendersonville 305 Williams Street, Suite 119 Hendersonville, North Carolina 28792 Subject: Permit No. WQ0033488 City of Hendersonville Housing Assistance Corporation Wastewater Collection System Extension Henderson County Dear Mr. Smith: In accordance with your application received on October 1, 2008, we are forwarding herewith Permit No. WQ0033488 dated October 8, 2008, to the City of Hendersonville for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's " notice to proceed" for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless• specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper City of Hendersonville October 8, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Hendersonville to construct and operate approximately 230 linear feet of 8-inch diameter gravity sewer, to serve the Housing Assistance Corporation housing project and the discharge of 240 gpd of additional wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received on October 1, 2008 and in conformity with 15A NCAC 2T .0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into Mud Creek in the French Broad River Basin. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025534) Surface Water Protection Central Files PERCS Files GAWP DATA\DEMWQ\Henderson\H end ersonvil le CS\WQ0033488 Hendersonville-HAC.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF HENDERSONVILLE HOUSING ASSISTANCE CORPORATION HENDERSON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT NUMBER WQ0033488 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No W00033488 City of Hendersonville, Housing Assistance Corporation Henderson County, Oct 8 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, 'and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. ` 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 40 W00033488, City of Hendersonville, Housing Assistance Corporation Henderson County, Oct 8, 2005 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 failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 8th day of October, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION - 1 for Colelen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033488 3 Permit No. W00033488,City of Hendersonville. Housing Assistance Corporation, Henderson County. Oct. 8. . ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: approximately 230 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings(plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore,it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: .................................................................................................... : SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .................................................................................................... : The Permittee is responsible for tracking all,partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Jr W A TF,9 Michael F.Easley,Governor William G.Ross Jr.,Secretary �J North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director Division of Water Quality October 8, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED- 7007 1490 0004 0798 8336 Kathryn Crawford, Owner 177 Campers Lane Canton,North Carolina 28716 Harold Douglas Crawford, Owner - 7007 1490 0004 0798 8343 676 Campers Lane Canton,North Carolina 28716 Randy Hall, Contractor - 7007 1490 0004 0798 8350 Haywood Grading and Excavating 714 Burnette Cove Road Canton,North Carolina 28716 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-CV-0017 Laurel Bank Campground Property Removal of Best Usage (excavation and fill) Failure to Secure a 401 WQC Haywood County,North Carolina Dear Mr. &Mrs. Crawford and Mr. Hall: On October 6, 2008, Kevin Barnett and Don Price from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted site inspections for the following properties owned by you (Property Identification Number: 8662-47-5523 and Property Identification Number: 8662-57-6423) in Haywood County,NC. During the inspection DWQ staff collected measurements took photographs and made visual observations of—900 linear feet of excavation and —22,500 square feet earthen fill impacts to the East Fork Pigeon River, a Class WS-III, Trout stream, located in the French Broad River Basin. As a result of the site inspection and file review, the following.violations, detailed below, were noted- (1) Removal of Best Usage (excavation and fill) (2) Failure to Secure a 401 WQC N r-hCarolina atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Haywood\401 s\Crawford.LauralBanksCampground.NOV2008CV0017.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Page 2 of 3 Laurel Banks Campground Haywood County Item I. Removal of Best Usage (excavation and fill) The excavation of approximately 900 linear feet and adjacent fill of approximately 22,500 square feet of the East Fork Pigeon River (WS-III, Trout) represents violations of 15A NCAC 02B .0211 (2). The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. Item II. Failure to Secure a 401 WQC The filling of approximately 22,500 square feet of the East Fork Pigeon River (WS-III, Trout) represents violations of 15A NCAC 2H .0500. DWQ site visits and file review confirmed that impacts occurred without a 404 Permit from the U.S. Army Corps of Engineers. A file review indicates that the U.S. Army Corps of Engineers (COE) has not authorized use of a 404 Permit for this activity, even though notification has been provided to the COE for this activity. The file review confirmed that a Pre-construction Notification has not been received by the Division of Water Quality for this project and that a 401 Water Quality Certification has not been issued. A Pre-Construction Notification submitted to DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500. Requested Response This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice. Your response should be sent to both this office at the letterhead address and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: Removal of Use 1. Please explain why these impacts occurred without prior authorization. 2. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional wafer features (e.g. streams, wetlands, buffers) on the site. This documentation should describe and quantify the impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. 3. Please submit the following documents for review and approval: a. Stream Restoration Plan (excavation and fill) — Please explain how you plan to restore the pattern, profile and dimension of the impacted stream channels. The streambed must be restored to the original profile, the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. yanks Campground ,rood County b. Permit Application-If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not permittable. c. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts, when an application will be submitted. 4. Please clearly explain why appropriate 401 Water Quality Certification and a 404 Permit were not secured. 5. Finally, please explain how you propose to prevent these problems from reoccurring on future projects. You are encouraged to secure a consultant to assist you with your plan development, permit, certification and authorization necessary to achieve compliance. It is required that you contact the Division of Land Resources, The Haywood County Erosion Control Office, and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Barnett at(828) 296-4500. Sincerely, Roger C. Edwards Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Asheville Regulatory Field Office, U.S. Army Corps of Engineers David McHenry,NC Wildlife Resources Commission Jennifer Braddish, Haywood County Erosion Control Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director / r Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 9, 2008 Sam Greenwood, Manager Town of Franklin 188 W Main St Franklin NC 28734 SUBJECT: Pretreatment Audit Inspection Franklin WWTP Permit No: NCO021547 Macon County Dear Mr. Greenwood: Enclosed please find a copy of the Pretreatment Audit Inspection Report from the inspection, which I conducted of the Town's approved modified pretreatment program on - September 11, 2008. As a portion of the inspection, the Town's Pretreatment Annual Report was also reviewed. The Program was found to be in Compliance with permit NCO021547 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Wayne Price during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Ha nes Environmental Senior Specialist Enclosure cc: Wayne M Price, ORC Central Files Asheville Files PERCS Unit G:\WPDATA\DEMWQ\Macon\21547 Franklin WWTP\091108PCIletter.doc No"rrhCarolina Naturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 �. ��\ �-,. ;�1 �/,;. _ _. United States Environmental Protection Agency Form Approved. t n/� Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I� 31 NCO021547 111 121 08/09/11 117 18111 191 c1 20I 1- Remarks != J 21I I I I I I I I I I I I I O I I 1 I I I { I I I I I I I I I I I ( I I I6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved---------------------- 67I 169 70 U 71 LI 72 L N I 73 W 74 751 I I I ( I Li 80 Section B: Facility Data �— Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 08:45 AM 08/09/11 07/12/01 Franklin WWTP Sierra Dr Exit Time/Date Permit Expiration Date Franklin NC 28734 01:00 PM 08/09/11 12/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Wayne Medford Price/ORC/828-524-4492/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted David E Henson,188 W Main St Franklin NC - 28734/Mayor/828-524-2516/8285244540 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments s Attach additional sheets of narrative and checklists as necessa (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes 4 ARO WQ//828-296-4500/ o q.0g, Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards J,t ARO WQ//828-296-4500/ 0 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day inspection Type 3� NCO021547 I11 12I 08/09/11 � 17 181_) Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see attached Audit form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT AUDIT REPORT Ad Information (Complete prior to audit; review Program Info Database Sheet(s)] 'Control Authority(POTW)Name: Town of Franklin 2. Control Authority Representative(s):Wayne Price 3. Title(s):Pretreatment Coordinator 4. Address of POTW: Mailing 188 West Main Street City Franklin Zip Code 28734 Phone Number 828-524-4492 Fax Number E-Mail 5. Audit Date 09/11/08 6. Last Inspection Date: 06/06/07 Inspection Type: ®PCI ❑Audit 7. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ❑Yes ❑ No If No,Explain.Not Applicable 8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? ®Yes ❑ No If Yes,Explain.Minor limit violations 9. Is POTW under an Order That Includes Pretreatment Conditions? ❑Yes ® No Order Type and Number: Are Milestone Dates Being Met? ❑Yes 0 No ❑ NA Parameters Covered Under Order PCS(WENDB)Coding Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type INIC10 10 12 11 15 14 7 9 111108 L (S (DTIA) (TYPI) (INSP) (FACC) 10:...Current Number of Significant Industrial Users(SNS)?............................................................................................................................ 2 ....SIUS.......... 1.1:...Current Number of Categorical Industrial Users..(CIUS)?.......................................................................................................................... 0 .................................CIUS 12. Number of SIUs Not Inspected by POTW in Last Calendar Year? 0 ...... . .................................................................................................................................................... ....................... 13. Number of SIUs Not Sampled led by POTW in Last Calendar Year? 0 ............................................................................................................................................................... ..................I.............. 14. Enter Higher Number of 12 or 13 0 NOIN .. ................................ ......................................................................................................................................................................................................................................................... ................................. 1.5:...Number of SIUs with,No IUP,or with an Expired IUP................................................................................................................................. 0 NOCM ............................... 16. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of Last 2 0 PSNC Semi-Annual Periods.....................................................................................Total Number of SIUs in SNC ................................................................................................................................. .................................................. 17. Number of SIUs in SNC for Reporting During Either of Last 2 Semi-Annual,Periods 0 MSNC ....I............................ 18. Number,of SIUs in SNC for Limits Violations During Either of Last 2 Semi-Annual Periods 1 SNPS ................................ 19. Number of SIUs in SNC for Both Reporting and Limits Violations During Either of Last 2 0 Semi-Annual Periods ... 20. Number of SIUs in SNC for Self-Monitoring Requirements that were Not Inspected or Sampled 0 SNIN NC DWQ Pretreatment Audit Form Revised: Ju1v 25,2007 Page 1 21. PRETREATMENT PROGRAM ELEMENTS REVIEW- Review POTW files, verify POTW has copy.,\ Element in their File,complete with all su portingdocuments and PERCS A roval Letter,and dates consistent with Pry_ Program Element Last Submittal Last Approval Date Date In file? Date In file If A !L, Headworks Analysis(HWA) 07/26/06 ®Yes❑ No 10/03/06 ®Yes❑ No 07/26/f 1,. Industrial Waste Survey(IWS) 04/01/04 ®Yes❑ No 02/11/05 ®Yes❑ No 04/01/09 Sewer Use Ordinance(SUO) 02/14/07 ®Yes❑ No 02/15/07 ®Yes❑ No Enforcement Response Plan(ERP) 12/14/05 ®Yes❑ No 01/04/06 ®Yes❑ No 01/31/11 Long Term Monitoring Plan(LTMP) 07/26/06 ®Yes❑ No 10/03/06 ❑Yes❑ No 07/26/11 Legal Authority(Sewer Use Ordinance-SUO) 22. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction? ❑Yes® No If yes,Please list these towns and/or areas. 23. If yes to#22,Do you have current Interjurisdictional Agreements(IJAs)or other Contracts? ❑Yes❑ No ®NA A copy,if not already submitted,should be sent to Division. 24, If yes to#22,Have you had any trouble working with these towns or districts? ❑Yes❑ No ®NA If yes,Explain. 25. Date of Last SUO Adoption by Local Council 03/12/07 26. Have you had any problems interpreting or enforcing any part of the SUO? ❑Yes® No If yes,Explain. Enforcement(Enforcement Response Plan-ERP) 27. Did you send a copy of the ERP to your industries? ®Yes❑ No If no,POTW must send copy within 30 days. 28. Have you had an problems interpreting or enforcing an art of the ERP i.e. an adjudication improper enforcement etc? Y YP � g g any (� Y J ❑Yes® No If yes,Explain. 29. List Industries under a Schedule or Order and Type of Schedule or Order None Resources 30. Please Rate the Following: S=Satisfactory M=Mar inal U=Unsatisfactory Rating Explanation,if Unsatisfactory Personnel Available for Maintaining POTW's Pretreatment Program ®S ❑M❑U Access to POTW Vehicles for Sampling,Inspections,and ®S ❑M❑U Emergencies Access to Operable Sampling Equipment ®S ❑M❑U Availability of Funds if Needed for Additional Sampling and/or Analysis ®S❑M❑U Reference Materials ®S❑M❑U Staff Training(i.e.Annual and Regional Workshops,Etc.) ®S❑M ❑U Computer Equipment(Hardware and Software) ®S❑M❑U NC DWQ Pretreatment Audit Form Revised: July 25,N07 Page 2 ,,ve an adequate data management system to run the pretreatment program? ®Yes❑ No _40. the POTW recover the cost of the Pretreatment Program from their industries?Explain. :sample analysis and BOD surcharge .cPerception/Participation 33. Are there any local issues affecting the pretreatment program (e.g..odor,plant closing,new or proposed plants)? ❑Yes® No If yes,Explain. 34. Has any one from the public ever requested to review pretreatment program files? ❑ Yes® No If yes,Explain procedure.If no,How would the request be addressed? 35. Has any industry ever requested that certain information remain confidential from the public? ❑Yes® No If yes,Explain procedure for determining whether information qualified for confidential status,as well as procedure for keeping files confidential from public. If no.how would the request be addressed?.Separate files 36. In addition to annual inspection,does the POTW periodically meet with industries to discuss pretreatment? ®Yes❑ No 37. Is the public notified about changes in the SUO or Local Limits? ®Yes❑ No 38. Were all industries in SNC published in the last notice? ®Yes ❑ No Permitting(Industrial Waste Survey-IWS) 39a...How does the POTW become aware of new or changed Users?Contact from users 39b. Once the POTW becomes aware of new or changed Users,how does the POTW determine which industries have the reasonable potential to adversely impact the WWTP and therefore require a new permit or a permit revision? (Who is an SIU?)Sampling,MSDS etc. 40. Does the POTW receive waste from any groundwater remediation projects(petroleum,CERCLA)or landfill leachate? ❑Yes ®No If Yes,How many are there? Please list each site and how it is permitted,if applicable. 41. Does the POTW accept waste by(mark if applicable) ❑Truck ®Dedicated Pipe ❑NA Septage 42. If the POTW accepts trucked waste,what controls are placed on this waste? (example.designated point,samples drawn, manifests required)Load tickets 43. How does the POTW allocate its loading to industries?Mark all that apply ❑Uniform Limits ❑Historical Industry Need ®By Surcharge ❑ Categorical Limits ❑ Other Explain Other:Allocation table/headworks 44. Review POTW's copies of current allocation tables for each WWTP. Are there any over allocations? ❑Yes® No If yes,What parameters are over allocated? 45. If yes to#43,What is being done to address the over allocations?(short-term IUPs,HWA to be revised,pollutant study,etc.) 46. Does the POTW keep pollutant loading in reserve for future growth/safety? ®Yes❑ No If yes,what percentage of each parameter —50-75% 47. Has the POTW experienced any difficulty in allocation?(for example: adjudication by an industry) ❑Yes® No If yes,Explain. 48. How does the POTW decide on which pollutants to limit in the permits?Monitor for? (for example:were only those pollutants listed on the application limited;categorical parameters;NPDES Pollutants of Concern) NPDES Pollutants of Concern 4 How does the POTW decide what the monitoring frequency should be for the various pollutants in industry permits? Explain. DWQ guidelines for SfUs NC DWQ Pretreatment Audit Form Revised: July 25,2007 Page 3 Permit Compliance 50. Does the POTW currently have or during the past year had any permits under adjudication? ❑Yes® No If yes,which industries? What was(will be)the outcome of the adjudication? 51. Demonstrate how the POTW judges compliance.This should include compliance judgment on all violations of limits,reporting,", requirements,and permit conditions,as well as for SNC.Compliance worksheet 52. Does the POTW use the Division's model inspection form or equivalent? ®Yes❑ No If no,does the POTW form include all DWQ data? ❑Yes❑ No 53. Were all SIUs evaluated for the need of a slug/spill control plan during their most recent inspections? ®Yes❑ No If no,Explain. Landfill NA,Caterpillar-Yes 54. What criteria are used to determine if a slug/spill control plan is needed? Chemicals stored/used on site 55. What criteria does the POTW use to determine if a submitted slug/spill control plan is adequate? Knowledge of facility and spill possiblities 56. How does the POTW decide where the sample point for an SIU should be located? DWQ picked landfill site and Engineering firm picked Cat.site 57. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SILT each time? (example:correct location; proper programming of sampler; clean equipment;swirling the sample bucket uniformly) POTW: ❑Yes❑ No SIU: ®Yes❑ No If yes,Explain.POTW checks sample 58. Who performs sample analysis for the POTW for Metals EarthEnvironmental/ETS Conventional Parameters POTW Organics Earth Env/ETS 59. Explain the Chain of Custody Procedure used for both in house and commercial lab samples. Standard operating procedures Long/Short Term Monitoring Plan(L/STMP)and Headworks Analysis(HWA) 60a. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 60b. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO 60c. Is LTMP/STMP Data Maintained in Table or Equivalent? ®YES ❑NO .Is Table Adequate? ®YES ❑NO 60d. All LTMP/STMP effluent data on Discharge Monitoring Report(DMR)?®YES❑NO 60e. If NO to any above,list violations 60f. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: 61. Do you complete your own headworks analysis(HWA)? ®Yes❑ No If no,Who completes your HWA? Phone 62. Do you have plans to revise your HWA in the near future? ❑Yes ® No If yes,What is the reason for the revision?(mark all that apply) ❑Increased average flow ❑NPDES limits change ❑More LTMP data available ❑Resolve over allocation ❑5 year expiration ❑Other Explain. 63. In general,what is the most limiting criteria of your HWA? ®Inhibition ❑Pass Through []Sludge Quality 64. Do you see any way to increase your loading in the future(Example: obtaining more land for sludge disposal)? ❑Yes ® No Explain.Plenty of reserve capacity Summary �J 65. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment? No NC DWQ Pretreatment Audit Form Revised: July 25,2007 Page 4 PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS AND 1 IU INSPECTION) 1. Caterpillar 2.Macon County Landfill 3. 1. 0001 0002 .e Contain Current Permit? [=� Yes ❑ No 11 ®Yes ❑ No ❑Yes ❑ No :nt Expiration Date 1 07/31/10 07/31/10 -ate orical Standard Applied(I.E.40 CFR,Etc.)Or N/A Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ®Yes ❑ No ❑Yes ❑ No to Permit Issue Date? 72. Does File Contain Inspection Completed Within Last Calendar Year? ®Yes ❑ No Yes ❑ No ❑Yes ❑ No 73. a.Does File Contain Slug/Spill Control Plan? a. ❑Yes ®No a. ❑Yes®No a. ❑Yes[]No b.If No, is One Needed?(See Inspection Form from POTW) b. ®Yes []No b. ❑Yes ®No b. []Yes❑No 74. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑No®N/A ❑Yes❑No®N/A ❑Yes❑No❑N/A Organic Management Plan(.TOMP)? 75. a.Does File Contain Original Permit Review Letter from Division? a. ®Yes ❑No a. ®Yes[]No a. ❑Yes❑No b.All Issues Resolved? bxiYespNo®NIA b.❑Yes❑No®N/A b.❑Yes❑No❑N/A 76. During Most Recent Semi-Annual Period,Did POTW Complete its ® Yes ❑ No ®Yes ❑ No El Yes El No Sampling as Required b IUP,includingFlow? 77. Does File Contain POTW Sampling Chain-Of-Custody Forms? ®Yes ❑ No ®Yes ❑ No ❑Yes ❑ No 78. During Most Recent Semi-Annual Period,Did SIU Complete its ®Yes❑No❑N/A ®Yes❑No❑N/A ❑Yes❑No❑N/A Sampling as Required by IUP,including Flow? 79. During Most Recent Semi-Annual Period,Did SIU submit all reports on ®Yes❑No❑N/A ®Yes❑No❑NIA ❑Yes❑No❑N/A time? 80a. For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑No®N/A ❑Yes❑No®NIA ❑Yes❑No❑N/A file include process/dilution flows as Required b IUP? 80b.For categorical IUs with Production based limits,does file include ❑Yes❑No®N/A ❑Yes❑NoON/A ❑Yes❑No❑N/A production rates and/or flows as Required by IUP? 81. During Most Recent Semi-Annual Period,Did POTW Identify All ®Yes ❑ No ®Yes ❑ No ❑Yes ❑ No Limits Non-Compliance from Both POTW and SIU Sampling? 8j-7- wring Most Recent Semi-Annual Period,Did POTW Identify All ❑Yes❑NoON/A ❑Yes❑No®N/A ❑Yes❑No❑N/A _..ce ortin Non-Com liance from SIU Sampling? 83. a.Was POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.®Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample and submit results to POTW within 30 Days? b•❑Yes❑No®N/A b.®Yes❑No❑N/A b.❑Yes❑No❑N/A c. If applicable,did POTW resample and obtain results within 30 days of c.oYes❑No®N/A becomingaware of SIU limit violations in the POTW's sampling of SIU? c.®Yes❑No❑N/A a❑Yes❑No❑N/A 84. During Most Recent Semi-Annual Period,Was SIU in SNC? I ❑Yes ® No ®Yes ❑ No ❑Yes ❑ No 85. During Most Recent Semi-Annual Period,Was Enforcement Taken as pYes❑NoON/A ®Yes❑No❑N/A ❑Yes❑No❑N/A Specified in POTW's ERP(NOVs,Penalties,timing,etc.)? 86. Does File Contain Penalty Assessment Notices? ❑YespNo®N/A ❑Yes❑NoON/A ❑Yes❑No❑N/A 87. Does File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A ❑Yes❑No®N/A ❑Yes❑No❑N/A 88. a.Does File Contain Any Current Enforcement Orders? azYes❑No®N/A a.❑Yes❑No®N/A azYes❑NopN/A b.Is SIU in Compliance with Order? bzYes❑No®N/A b.❑Yes❑No®N/A b.❑Yes❑No❑N/A 89. Did POTW Representative Have Difficulty in Obtaining Any Requested ❑Yes [E No IF Yes ® No ❑Yes El No Information For You? FILE REVIEW COMMENTS: Excellent files. Caterpillar provided a copy of their spill/slug control plan. NC DWO Pretreatment Audit Form Revised:' July 25,2007 Page 5 INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector P. L�L1 I N I C 10 I 0 12 1 1 15 14 17 I 109 111 1 OR I LIZ_J LSJ (DTIA) (TYPI) (INSP) (FACE,\ 1.Industry Inspected: Caterpillar Inc. 2. Industry Address: Industrial Park Drive 3. Type of Industry/Product: Seals 4.Industry Contact: Curtis Green Title: ORC Phone: Fax: 5.Does the POTW Use the Division Model Inspection Form or Equivalent? ®Yes ❑ No 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ®Yes ❑ No B. Plant Tour ®Yes ❑ No C. Pretreatment Tour ®Yes ❑ No D. Sampling Review ®Yes ❑ No E. Exit Interview ®Yes ❑ No Industrial Inspection Comments: Very thorough inspection covering all aspects of the inspection form. Audit SUMMARY AND COMMENTS: Audit Comments: Everything found to be in good order. Mr.Price is doing a nice iob with the program. Requirements: none Recommendations: Deep up the good work. NOD: ❑Yes ® No NOV: ❑Yes ® No QNCR: ❑Yes ® No POTW Rating: Satisfactory ® Marginal ❑ Unsatisfactory❑ Audit COMPLETED BY: Keith Ha nes DATE: September 11,2008 Asheville Regional Office NC DWQ Pretreatment Audit Form Revised: July 25,2007 Page 6 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Co►een H.Sullins,Director Ad y Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 09, 2008 Jeffery V Morse Town of Valdese PO Box 339 Valdese NC 28690 SUBJECT: Pretreatment Compliance Inspection Lake Rhodiss WWTP Permit No: NCO041696 Burke County Dear Mr. Morse: Enclosed please find a copy of the Pretreatment Compliance Inspection Report from the inspection, which I conducted on September 9, 2008, of the Town's approved pretreatment program. As a portion of this inspection, a review of the Town's - Pretreatment Annual Report (PAR) for 2007 was also performed. The program was found to be in Compliance with permit NCO041696 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Chris Bortnick, during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500, Sincerel , Keith Hayne Environmental Senior Specialist Enclosure cc: Christopher John Bortnick, ORC Central Files Asheville Files PERCS unit G:\WPDATA\DEMWQ\Burke\41696 Valdese WWTP\090908PC►letter.doc T rthCarolina �atura!!y 2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. E P n/� Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO041696 111 121 08/09/09 117 18I PI 19I sI 201 I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------ ------------Reserved--------------------- 67 I 169 70 I ' 71 I_I 721 NJ 73�74 751 I I I I I I 180 �--+ Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 08/09/09 06/12/01 Lake Rhodiss WWTP 2100 Lake Rhodhiss Dr Exit Time/Date Permit Expiration Date Valdese NC 28690 12:05 PM 08/09/09 10/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Christopher John Bortnick/ORC/828-879-2131/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jeffery V Morse,PO Box.339 Valdese NC 28690//828-879-2120/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ✓ ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3� NCO041696 I11 12I 08/09/09 f17 18'_I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see attached PCI form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT JND INFORMATION [Complete Prior To PCI;Review Program Info Database Sheetfs)1 Control Authority(POTW)Name: Town of Valdese Lake Rhodiss WWTP Control Authority Representative(s): Chris Bortnick 3. Title(s): Pretreatment Director 4. Last Inspection Date: August 3,2007 Inspection Type(Check One): ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑ YES ®NO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type � N I N I C 1 0 10 1 4 11 1 6 1 9 6 09 1 09 1 08 j L—Pi j S I )1� (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUS)? C 9 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 0 CIUS 9. Number of SIUS Not Inspected By POTW in the Last Calendar Year? �0� 10.Number of SIUS Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Higher Number of 9 or 10 0 NOIN 12.Number of SIUS With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUS in SNC for Either Reporting or Limits Violations During Either of the Last 2 1 PSNC Semi-Annual Periods(Total Number of SIUs in SNC) 14.Number of SIUS in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC Dumber of SIUS In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 1 SNPS 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods L— POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ®YES ❑NO If Yes, What are the Parameters and How are these Problems Being Addressed? Phenols and TSS 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ®NO Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: Valdese Mfg. either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting:NONE. Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published:NONE 20. Which Industries are on Compliance Schedules or Orders?For all SIUS on an Order,Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ® NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO 2-4----, Is LTMP/STMP Data Maintained in a Table or Equivalent? ®YES ❑NO Is Table Adequate? ❑YES ❑NO All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES❑ 26. If NO to 23-.26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1 28. PRETREATMENT PROGRAM ELEMENTS REVIEW-Please review POTW files,verify POTW has copy of Pi,__ their files, complete with supporting documents and copy of PERCS Approval Letter,and dates consistent with Pro ram Info:. Program Element Last Submittal Last Approval Date Next', Date In file? Date In file If Applicable, Headworks Analysis(HWA) 05/05/06 Yes❑ No 06/08/06 ®Yes❑ No 06/01/09 Industrial Waste Survey IWS) 11/14/05 ®Yes❑ No 06/30/06 ®Yes❑ No I1/01/10 Sewer Use Ordinance SUO 03/22/07 ®Yes❑ No 06/14/07 ®Yes❑ No Enforcement Response Plan(ERP) 03/22/07 ®Yes❑ No 06/14/07 ®Yes❑ No Long Term Monitoring Plan(LTMP) 06/01/04 ®Yes❑ No 07/30/04 ®Yes❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1.FILE REVIEW AND 1 IU INSPECTION) 29. User Name r 1 Robinson Hosiery Mill FT_. 3. 30. IUP Number 019 �r- 31. Does File Contain Current Permit? ®Yes ❑ No IF ❑Yes ❑ No ❑Yes ❑ No 32. Permit Expiration Date 12/31/10 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A —none �--� 34. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? I ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes[IN a. ❑Yes❑No a. ❑Yes❑No b.If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes❑No b. ❑Yes❑No b. ❑Yes[]No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic F 11Yes0No0N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 38. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes❑No a. [:]Yes❑No a. ❑Yes❑No b.All Issues Resolved? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 39. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No ❑Yes ❑ No ❑Yes El No its Sampling as Required b IUP, includingflow? ,1 40. Does File Contain POTW Sampling Chain-Of-CustodyForms? ®Yes ❑ o ❑Yes N ❑ No ❑Yes ❑ No 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its 0Yes0No0N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Sampling as Required by IUP, including flow? 41b.During the Most Recent Semi-Annual Period,Did SIU submit all reports ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A on time? 42a. For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes0No0N/A ❑Yes❑NopN/A ❑Yes❑No❑N/A file includeprocess/dilution flows as Required by IUP? il 42b.For categorical IUs with Production based limits,does file include ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A production rates and/or flows as Required by IUP? 11 43a. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? NA 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Re ortin Non-Compliance from SIU Sampling? 44. a.Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample and submit results to POTW Within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A c.If applicable,Did POTW resample within 30 days of becoming aware c.pYes❑No®NIA of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑Yes❑No❑N/A 46. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No [:]Yes ❑ No ❑Yes ❑ No 47. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? i — 48. Does the File Contain Penalty Assessment Notices? ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 49. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A 11 ❑Yes❑No❑N/A I ❑Yes❑No❑N/A 50. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑WA b.Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 51. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No ❑Yes ❑ No F ❑Yes E�l Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7,125/07 Page 2 -AMENTS: to be in good order as usual. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DDNY Inspea.Type Inspector Fac.Type NJ I N I Q 1 0 10141 1161916 I 1091081081 LI ( L S j 2- I (DTIA) (TYPI) (INSP) (FACC) 1.Industry Inspected: Robinson Hosiery Mill 2.Industry Address: 3.Type of Industry/Product: Socks 4.Industry Contact: Title: Phone: Fax: 5.Does the POTW Use the Division Model Inspection Form or Equivalent? ®YES ❑NO 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ®YES ❑NO B. Plant Tour I EYES ❑NO C. Pretreatment Tour N YES ❑NO D. Sampling Review EYES ❑NO E. Exit Interview ®YES ❑NO It- .,trial Inspection Comments: Very thoroughly performed inspection. OVERALL SUMMARY AND COMMENTS: Comments: Overall very well operated pretreatment program Requirements: NONE Recommendations; Keep up the good work NOD: ❑YES ®NO NOV: ❑YES ®NO QNCR: ❑YES ®NO POTW Rating: Satisfactory X Marginal UnSatisfactory PCX,COMPLETED BY: Keith Haynes DATE: September 9,2008 NC DWQ Pretreatment Compliance Inspection(PCI)Form updated 7l25i07 Page 3 �� `��\ ��::)� (\�� �J� Michael F.Easley,Governor William G.Ross Jr.,Secretary rG North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director Division of Water Quality `C Asheville Regional Office SURFACE WATER PROTECTION October 10, 2008 Mr. Garry Sherrill Executive Director of Operations Cummings Cove Company, LLC 20 Cummings Cove Parkway Hendersonville, North Carolina 28739 SUBJECT: Compliance Evaluation Inspection Wastewater Collection System Cummings Cove Collection System Permit Number WQCSD0278 Henderson County Dear Mr. Sherrill: Attached you will find the report resulting from my October 1, 2008 Compliance Evaluation Inspection of the Cummings Cove wastewater collection system. I very much -- appreciate you time on that date. Please send me a copy of the system operational plan when completed as well as the updated system map. Likewise, would you ask Harry James to send me a copy of a typical page from the Cummings Cove pump station inspection log After leaving your office I noticed that I was passing by one of Cumming Cove's pump station. I took a look at that station and noticed that the wet well cover lid was not secured by a lock. I strongly suggest that all pump station wet well cover lids be locked to reduce potential of an accident. I also suggest that an emergency notification sign be posted on each pump station identifying the station and giving a phone number to call in event of an emergency. I look forward to receiving the above requested documents. Should you have need to discuss matters relating to the Company's wastewater collection system please do not hesitate to call me at (828)296-4659. Sincerely, Roy M. avis Environmental Enginee cc: Harry James, James & James Environmental Management G:\WPDATA\DEMWQ\Henderson\Cummings Cove Collection System\CEI Cover Letter.08.doc _ oc" Carolina 1VN� urally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 i� /� �;J�✓: Compliance Inspection Report Permit: WQCSD0278 Effective: 09/28/07 Expiration: Owner: Cummings Cove Company LLC SOC: Effective: Expiration: Facility: Cummings Cove-Mountain Crest Phases IV &V County: Henderson Region: Asheville Contact Person: Jack Mathis Title: Phone:828-891-1512 Ext.2 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 10/01/2008 Entry Time: 09:00 AM Exit Time: 10:00 AM Primary Inspector: Roy M Davis SZ-Y`�� Phone:828-296-4500 Secondary Inspector(s): Ext.4659 Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ❑Compliant ■ Not Compliant Question Areas: Miscellaneous Questions (See attachment summary) Page: 1 Permit:WQCSD0278 Owner-Facility: Cummings Cove Company LLC Inspection Date: 10/01/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: Cummings Cove is deemed permitted.The System includes 7 pump stations all with telemetry.Weekly inspections are logged.The Company's system map needs updating (construction drawings are available), no operation and maintenance plan, it is not now known if the system includes high priority lines. Given that the system serves a golf course community, it is probably seen more often than yearly.At least one pump station cover lid was not secured with a lock and did not display an emergency notification sign. { Page: 2 rvuunac,V."001�y,-V—...V, William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources v 7 Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 10, 2008 Mr. Joe Albright City Manager City of Brevard 95 West Main Street Brevard, North Carolina 28712 SUBJECT: Compliance Evaluation Inspection Wastewater Collection System City of Brevard Permit Number WQCS00084 Transylvania County Dear Mr. Albright: Attached is the report resulting from my October 8, 2007 City of Brevard Wastewater Collection System Compliance Evaluation Inspection. It was my determination the City of Brevard is doing a fine job of maintenance and operation of its wastewater collection system. Would you please extend my appreciation to the staff which is doing the work and to the City Council which i§ providing the necessary support and funding. Please do not hesitate to call me at (828)296-4659 should you need to discuss any aspect of the City's collection system program. Sincerely, c Roy M.D vis Environmental Engineer C: David Lutz, City of Brevard Surface Water Protection Section Central Files PERCS Unit Asheville Regional Office Files G:\WPDATA\DEMWQ\Transylvania\Brevard Collection System\Inspection Cover Letter.08.doc N_Dne Carolina Natura!!y 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 �� \/ ��/ i V/ ��_ 1 Compliance Inspection Report ,-ermit: WQCS00084 Effective: 04/01/08 Expiration: 03/31/13 Owner: City of Brevard SOC: S07003 Effective: 09/01/07 Expiration: 09/01/12 Facility: Brevard Collection System County:Transylvania 151 W Main St Region: Asheville Brevard NC 28712 Contact Person: Joe Albright Title: Phone:828-883-3880 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NC0060534 City of Brevard-Brevard WWTP Inspection Date: 10/08/2008 Entry Time: 09:00 AM Exit Time: 12:00 PM Primary Inspector: Roy M Davis Phone:828-296-4500 Ext.4659 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■Compliant Q Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections Manhole Lines Regmts (See attachment summary) Page: 1 Permit:WQCS00084 Owner-Facility:City of Brevard Inspection Date: 10/08/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The City of Brevard is doing a first class job of operating and maintaining its collection system. Page: 2 Permit:WQCS00084 Owner-Facility:City of Brevard inspection Date: 10/08/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ Q ❑ C1 What educational tools are used? Web-site and news letter. Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ■ O n Q Is Grease Trap Ordinance available? ■ Q Q 0 Is Septic Tank Ordinance available(as applicable, i.e.annexation) ■ 0 0 ❑ List enforcement actions by permittee,if any,in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? ■ Q ❑ 11 Does CIP address short term needs and long term\"master plan\"concepts? ■ 0 0 O Does CIP cover three to five year period? ■ Q D Q Does CIP include Goal Statement? ■ ❑ ❑ Q Does CIP include description of project area? ■ 0 Does CIP include description of existing facilities? ■ Q O Does CIP include known deficiencies? ■ ❑ Q 0 Does CIP include forecasted future needs? ■ Is CIP designated only for wastewater collection and treatment? ■ 0 Q Approximate capital improvement budget for collection system? $95,582.00 Total annual revenue for wastewater collection and treatment? $1,535,000.00 CIP Comments Good CIP Is system free of known points of bypass? ■ Q D Q If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ Q Q Q #Does the sign include: Instructions for notification? ■ 0 Pump station identifier? ■ Q C1 O 24-hour contact numbers ■ Q Q If no, list deficient pump stations None Page: 3 Permit:WQCS00084 Owner-Facility: City of Brevard Inspection Dater 10/08/2008 inspection Type:Compliance Evaluation Reason for Visit:Routine #Do ALL pump stations have an"auto polling"feature/SCADA? ■ fl ❑ Q Number of pump stations 16 Number of pump stations that have SCADA 7 Number of pump stations that have simple telemetry 6 Number of pump stations that have only audible and visual alarms g Number of pump stations that do not meet permit requirements 0 #Does.the permittee have a root control program? 0 ■ 0 Q #If yes,date implemented? Describe: Brevard does not practice chemical root control Comment: Inspection s Yes No NA NE Are maintenance records for sewer lines available? 0 Q Q 0 Are records available that document pump station inspections? 0 Q ❑ n Are SCADA or telemetry equipped pump stations inspected at least once a week? Q 0 O Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ �l Are records available that document citizen complaints? Q 0 #Do you have a system to conduct an annual observation of entire system? ❑ 0 0 #Has there been an observation of remote areas in the last year? 0 0 0 Are records available that document inspections of high-priority lines? ❑ Cl 0 Has there been visual inspections of high-priority lines in last six months? Q ❑ Comment: . Operation &Maintenance Requirements Yes No NA NE Are all log books available? 0 ❑ Q Does supervisor review all log books on a regular basis? ❑ ❑ ❑ Does the supervisor have plans to address documented short-term problem areas? 0 ❑ Q 0 What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? As needed. Are maintenance records for equipment available? M Q O O Is a schedule maintained for testing emergency/standby equipment? M Q 0 What is the schedule for testing emergency/standby equipment? Weekly(generators) Page: 4 Permit:WQCS00084 Owner-Facility: City of Brevard inspection Date: 10/08/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? ® Q ❑ ❑ Inspecting and exercising all valves? ® ❑ ❑ O Inspecting and lubricating pumps and other equipment? ® 11 Q ❑ Inspecting alarms,telemetry and auxiliary equipment? ® ❑ ❑ Q Is there at least one spare pump for each pump station w/o pump reliability? 0 0 0 0 Are maintenance records for right-of-ways available? ■ 0 Q Q Are right-of-ways currently accessible in the event of an emergency? ■ n El Q Are system cleaning records available? ® 0 Q Q Has at least 10%of system been cleaned annually? ® Q ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Is a Spill Response.Action Plan available? ® 0 ❑ Q Does the plan include: 24-hour contact numbers ■ 0 ❑ C1 Response time Q 0 Equipment list and spare parts inventory ❑ Q Access to cleaning equipment Q 0 Q Access to construction crews,contractors,and/or engineers Q ❑ 0 Source of emergency funds 0 Site sanitation and cleanup materials Q n 11 Post-overflow/spill assessment ❑ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ❑ 0 ❑ Is the spare parts inventory adequate? 0 0 Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? 0 D Q Q Are records of SSOs that are under the reportable threshold available? Q ❑ 0 Q Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ■ ❑ ❑ Q If yes, is there a corrective action plan? Q N O 0 Is a map of the system available? El Q 0 Page: 5 Permit:WQCS00084 Owner-Facility:City of Brevard Inspection Date: 10/08/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes ❑ ❑ Pipe materials ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Pipe location ■ ❑ ❑ ❑ Flow direction Approximate pipe age ■ ❑ ❑ ❑ Number of service taps ■ ❑ ❑ ❑ Pump stations and capacity ❑ ■ ❑ ❑ 99.999 If no,what percent is complete? List any modifications and extensions that need to be added to the map Map requires pump station capacities. #Does the permittee have a copy of their permit? ❑ fl ❑ Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ■ ❑ ❑ ❑ Are public notices and proof of publication available? #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ ❑ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? ■ ❑ ❑ ❑ If no,which one(s)? Comment:. Page: 6 Michael F.Easley,Governor William G.Ross Jr.,Secretary C, North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 10, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Scott Banks 777 Dillingham Rd Barnardsville,NC 28709 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-OP-0055 Removal of Best Usage Stream Standard Violation- Other Waste (In-stream sediment) Construction Stormwater Permit NCGO10000 401 Water Quality Certification(WQC) Buncombe County Dear Mr. Banks: On October 8, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ)conducted a site inspection at your property along Sardis Road in Buncombe County. Jeff Menzel and Kevin.Barnett of the DWQ were also present. Stream standard,Construction Stormwater Permit NCGO10000 and 401 certification violations were noted during the inspection and file review. Sediment and stream channel relocation impacts to an unnamed tributary to Hominy Creek (Classified C waters)were documented. VIOLATIONS I. Removal of Best Usage (relocated stream channel) 15A NCAC 02B .0211 (2) a. Approximately 600 feet of an unnamed tributary to Hominy Creek was impacted by the relocation of the stream channel,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f— a. Greater than 50 feet of an unnamed tributary to Hominy Creek was impacted by sediment deposition upwards of 1 foot in depth,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). 14LCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Naturally Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Scott Banks Page 2 of 4�-� October 10,2008 III. Failure to Secure a 401 WQC—The relocation of a stream channel has occurred without".".,, 404 Permit from the U.S. Army Corps of Engineers nor the accompanying 401 Water Quality Certification. A Pre-Construction Notification submitted to DWQ is required prior to the above-mentioned impacts pursuant to 15A NCAC 2H .0500. IV. Failure to Secure Stormwater General Permit NCGO10000 -A Sedimentation and Erosion Control plan approval has not been applied for or secured for the land disturbing activity; therefore, coverage under the NPDES General Permit to discharge stormwater from land disturbing activities has not been secured in accordance with the provision of North Carolina General Statute 143-215.1. This General Permit is applicable to point source discharges from construction activities disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local program. Prior to the commencement of construction and land disturbing activities approval of the Erosion and Sedimentation Control Plan shall be obtained. REQUIRED RESPONSE This office requests that you respond in writing within 15 days of receipt of this Notice. Your response should be sent to both to the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Removal of Best Usage—15A NCAC 02B.0211 (2) a. Please explain why these impacts occurred without prior authorization. b. Please provide documentation(including a detailed site map/survey) depicting all jurisdictional water features (e.g. streams, wetlands,buffers) on the site. This documentation should describe and quantify the impacts to those jurisdictional features, and should include plans to avoid further stream and wetland impacts on the site. c. Please submit the following documents for review and approval: • Stream Restoration Plan(stream channel relocation)—Please explain how you plan to restore the pattern,profile and dimension of the impacted stream channel. The streambed must be restored to the original profile,the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of Page 3 of 4 the Asheville Regional Office for additional guidance during restoration plan development. • Permit Application—If you wish for any impacts to remain in place,you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of permit required. Depending on the type of permits USACOE requires, application for a 401 Water Quality Certification to DWQ will also be required. Please note that sediment impacts to streams are not permittable. • Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished, and if you plan to seek a permit for the permittable impacts,when an application will be submitted. • It is required that you contact the City of Asheville Stormwater Services Division and the U.S. Army Corps of Engineers. These contacts are necessary to ensure that your restoration efforts are in compliance with the Sedimentation Pollution Control Act and Section 404 of the Clean Water Act. II. Stream Standard - Other Waste (In-Stream Sediment) a. Please explain when construction (excavation, grubbing, and clearing)began at the site. b. See Required Response 1. b. above. c. Please submit a Sediment Removal Plan to this office for review and approval. The plan must address removal of the accumulated sediment from the unnamed tributary to Hominy Creek and must be submitted to the Division of Water Quality for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your plan and authorization necessary to achieve compliance. It is recommended that . your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The plan should include the following: • A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. Scott Banks Page 4 of 4'� October 10,2008 d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. III. Construction Stormwater Permit NCG010000 a. Please indicate when approval,and implementation of a Sedimentation and Erosion Control Plan from the City of Asheville is expected. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. IV. 401 WQ Certification a. Clearly explain why the appropriate 401 Water Quality Certification and a 404 Permit were not secured b. Provide a proposed schedule of when you expect to have the required 401 WQ Certification submitted to DWQ. c. It is required that you contact the United States Army Corps of Engineers to determine if a 404 Permit is necessary for these restoration activities. d. Satisfactory stream restoration requires planting in accordance with the EEP Publication"Guidelines for Riparian Buffer Restoration". This document is available electronically at http://www.nceep.net/news/reports/buffers.pd£ Thank you for your attention to this matter. This office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations,as detailed.above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Chuck Cranford(828)296-4664. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files City of Asheville Stormwater Services Division G:\W PDATA\DEM W Q\Buncombe\Complaints\Banks-West\NOV-2008-OP-0055.doc Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources ri Coleen H.Sullins,Director �. Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 14, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Canipe Town of Spruce Pine PO Box 189 Spruce Pine NC 28777 Subject: NOTICE OF VIOLATION NOV-PC-0722 Pretreatment Compliance Inspection Spruce Pine WWTP Permit No. NCO021423 Mitchell County Dear Mr Canipe: Enclosed please find a copy of the Inspection Report from the inspection conducted September 10, 2008. Keith Haynes, of the Asheville Regional Office, conducted the Pretreatment Compliance Inspection. The Town's Pretreatment Program was found to be in violation of Permit NCO021423 and applicable pretreatment program regulations for the following: Inspection Area Compliance Issue Pretreatment IWS was due May 2003. Please refer to the enclosed Inspection Report for any additional observation and comments. To prevent further action, carefully review this violation and other deficiencies and respond in writing to this office within fifteen (15)working days of receipt of this letter. You should submit an updated Industrial Waste Survey (IWS) by February 1, 2009. If you should have any questions, please do not hesitate to contact Mr. Haynes of the Asheville Regional Office at 828/296-4500. Sincerely, i Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: Darrell Graham, w/attachment PERCS Unit, w/attach. WQ Central Files w/attachment Enforcement w/attachment Nonrthcarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Customer Service Internet: www.newaterguality.org G:\WPDATA\DEMWQ\Mitchell\Spruce Pine WWTP 21423\PCINOVPC-0722.doc FAX (828)299-7043 1-877/623-6748 \\ / �. ��:.f �/ United States Environmental Protection Agency Form Approved. EPA n A Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day. Inspection Type Inspector Fac Type 1 INI 2 I51 31 NCO021423 (11 121 08/09/10 I17 181P1 19131 201 Remarks 1� 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------—----Reserved---------------------- 671 169 70 L l 71 U1 72(N I 73�74 751 I I I I I I 180 Section B: Facility Data +— Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 08/09/10 06/11/01 Spruce Pine WWTP 909 creed Pitman Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 11:55 AM 08/09/10 11/02/28 Name(s)of Onsite Representative(s)lritles(s)/Phone and Fax Number(s) Other Facility Data Darrell James Graham/ORC/828-765-3007/ Name,Address of Responsible Officialffitle/Phone and Fax Number Contacted Robert Wiseman,PO Box 189 Spruce Pine NC 28777//704-765-3000/ Conta to No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ �el Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ 1 t EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCO021423 L11 12) 08/09/10 I17 18'_I Section D: Summary of Finding/Comments(Attach additional)LP of narrative and checklists as necessary) Please see attached Pretreatment Compliance form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI)REPORT 0UND INFORMATION[Complete Prior To PCI;Review Program Info Database Sheet(s)] Control Authority(POTW)Name: Town of Spruce Pine Control Authority Representative(s): Darryl Graham 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date: 08/23/07 Inspection Type(Check One): ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES ®NO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type N J N ICI 0 10 12 11 J4 1 2 J3J 10911U08 P S l I (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? I SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 1 CIUS, 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 1 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Higher Number of 9 or 10 1 NOIN 12.Number of SIUs With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 PS Semi-Annual Periods(Total Number of SIUs in SNC) .14.Number of SIUs in SNC For Re ortin Durin Either of the Last 2 Semi-Annual Periods 0 MSNC ,.i.Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ®YES [:]NO If Yes,What are the Parameters and How are these Problems Being Addressed? Toxicity lst qtr 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ®NO Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: None either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: None Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: None 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ®NO Ones? LTMP/STMP FILE REVIEW: 22, Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ❑ YES ®NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO Is LTMP/STMP Data Maintained in a Table or Equivalent? ❑YES ®NO Is Table Adequate? ❑YES ❑NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ❑YES®NO 26. IfNO to 23-26,list violations STM has not been collected since 2001 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1 28. PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of Prop their files,complete with su porting documents and copy of PERCS Approval Letter,and dates consistent with Pro ram Info:'.. Program Element Last Submittal Last Approval Date Next Dt; Date In file? Date In file If Applicable Headworks Analysis(HWA) 10/01/05 ®Yes❑ No 11/14/05 ®Yes❑ No 09/01/10 Industrial Waste Survey IWS 04/06/98 ®Yes❑ No 04/13/98 ®Yes❑ No 05/01/03 Sewer Use Ordinance(SUO) 07/31/07 ®Yes❑ No 09/25/07 ®Yes❑ No Enforcement Response Plan(ERP) 09/24/94 ®Yes❑ No 09/29/97 0 Yes❑ No Long Term Monitoring Plan(LIMP) 03/29/99 ®Yes❑ No 03/30/99 ❑Yes❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name I i' BRP US,Inc. 2. 30. IUP Number 002 --1�— 1 31. Does File Contain Current Permit? Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No 32. Permit Expiration Date 09/30/10 I s� 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 464&433 — � 34. Does File Contain Permit Application Completed Within One Year Prior. ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? ❑Yes I ❑Yes ❑ No ❑Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a.❑Yes ONO) a. ❑Yes❑No a.❑Yes❑No b.If No,is One Needed?(See Inspection Form from POTW) b. MYes❑No b. ❑Yes❑No b. ❑Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑YesMNo❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 38. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes❑No a. ❑Yes ❑No a. ❑Yes❑No b.All Issues Resolved? b.®Yes❑No❑N/A b.❑Yes❑No❑NIA b.❑Yes❑No❑N/A 39. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No ❑Yes ❑ No ❑Yes [I No its Sampling as Required b IUP, includingflow? 40. Does File Contain POTW Sampling Chain-Of-CustodyForms? ®Yes ❑ No ❑Yes ❑ No [I Yes ❑ No� 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its TsONoDN/A! ❑Yes❑No❑N/A ❑Yes❑No❑N/A Sampling as Required by IUP, including flow? 41b.During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A on time? 11 42a.For categorical IUs with Combined Wastestream Formula(CWF),does P Yes❑NoMN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A file include process/dilution flows as Required b IUP? _ 42b.For categorical IUs with Production based limits,does file include ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A production rates and/or flows as Required by IUP? 43a. During the Most Recent Semi-Annual Period,Did the POTW Identify es ❑ No ❑Yes El No El Yes ❑ No F All Limits Non-Compliance from Both POTW and SIU Sampling? NA 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify 0Yes❑No0N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Re ortin Non-Com liance from SIU Sampling? 44. a.Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample and submit results to POTW Within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A c.If applicable,'Did POTW resample within 30 days of becoming aware c.❑Yes❑No®N!A of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑Yes❑No❑N!A 46. During the Most Recent Semi-Annual Period,Was the SIU in SNC? I El es ® No I ❑Yes ❑ No ❑Yes ❑ No 47. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 48. Does the File Contain Penalty Assessment Notices? ❑Yes❑NoMN/A I ❑Yes❑No❑ ❑Yes❑No❑N/A 49. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 50. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.DYes❑No❑N/A a.❑Yes❑No❑N/A i b.Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A 1[b.oYesoNoON/All' '` 51. Did the POTW Representative Have Difficulty in Obtaining Any of This ®Yes ❑ No 1[:7Yes ❑ No ❑Yes ❑ No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 ,MMENTS: ,still relatively new to the pretreatment program and has not got the files in an order with which he is familiar. It is .led that some time be spent organizing files to his liking. Also STMP data should be found and if nothing has been done `001this matter should be addressed. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DDNY Inspec.Type Inspector Fac.Type LN J N I C 1 0 10 12 11 14 12 13 1 1091ILL081 LI J L S I L 2 I (DTIA) (TYPI) (INSP) (FACC) 1. Industry Inspected: BRP US Inc. 2.Industry Address: Spruce Pine 3.Type of Industry/Product: boat motors and parts 4.Industry Contact: Bernice Wilson Title: EHS Director Phone: Fax: 5.Does.the POTW Use the Division Model Inspection Form or Equivalent? ®YES ❑NO 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview N YES ❑NO B. Plant Tour ®YES ❑NO C. Pretreatment Tour ®YES ❑NO D. Sampling Review YES ❑NO E. Exit Interview ®YES ❑NO -`~dustrial Inspection Comments: god inspection OVERALL SUMMARY AND COMMENTS: Comments: The current filing system needs to be improved so that the required items can be readily located. Requirements: An updated industrial waste survey was due in May 2003. It is required that an updated IWS be submitted by Februn 11, 2009 For guidance please refer to the online pretreatment comp guidance manual. Recommendations:_It is recommended that the STMP plan be updated or send a reply to the PERCS unit that the current STMP is ok and the Town will start quarterly sampling in July of 2009 NOD: [-]YES ❑NO NOV: ®YES ❑NO QNCR: ❑YES ❑NO POTW Rating: Satisfactory Marginal X UnSatisfactory __.-I COMPLETED BY: Keith Haynes # DATE: September 10,2008 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7;25/07 Page 3 �--� i ,,� -- ".AT�� Michael F.Easley,Governor Q� William G,Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources -� Coleen H.Sullins,Director Division of Water Quality October 15,2008 DWQ Project#08-1343 Transylvania County Cadence Point, LLC PO Box 387 10 South Broad St., Ste. 1 Brevard NC 28712 Subject Property: Cadence Point Nicholson Creek and Norton Creek(Tucker Crk) Approval of 401 Water Quality Certification Dear Mr.Bayne: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 20 feet of streams for the purpose of utility crossings at the subject property, as described within your application dated August 22,2008 and received by the N.C.Division of Water Quality(DWQ)on September 2,2008. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s)3699(GC3699). The Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of Engineers(USACE). 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,Non-discharge, and Stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval 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 Certification.and approval letter and is thereby responsible for complying with all conditions. If total fills for this.project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 10 (feet) Nicholson Creek#1 Stream 10 (feet) Norton Creek#2 NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Transylvania\401 s\08-1343CadencePointAPPROVAL.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Cadence Po, Page October 15,20,_ Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The 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 404 or CAMA Permit. 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, . t Coleen H. Sullins,Director r Enclosures: GC 3699 Certificate of Completion cc: 401/Wetlands Unit USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office John Coxey 53 Fox Chase Rd West Asheville,NC 28804 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 15, 2008 Bill Hodge Town of Spindale PO Box 186 Spindale NC 28160 SUBJECT: Pretreatment Compliance Inspection Town of Spindale WWTP Permit No: NCO020664 Rutherford County Dear Mr. Hodge: Enclosed please find a copy of the Pretreatment Compliance Inspection Report for the inspection, which I conducted of the Town's approved Pretreatment Program on September 19, 2008. As a part of the inspection, the Town's 2007 Pretreatment Annual Report (PAR) was reviewed. The Town of Spindale's pretreatment program was found to be in Compliance with permit N00020664 as well as applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Lance Mundy and you during the inspection was greatly appreciated. If you have any questions, please do not hesitate to contact me at 828-296-4500. Sincere Keith Haynes 4 Environmental Senior Specialist Enclosure cc: Lance Mundy Central Files Asheville Files PERCS Unit G:\WPDATA\DEMWQ\Rutherford\20664 Spindale WWTP\PC1091908letter.doc No°rthCarolina Naturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 A Water Compliance InS ectl0n Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00020664 111 121 08/09/19 17 181 PI 191 SI J 20I LJ Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 I 1 ! 1 j I i I I I I I _I-16 Inspection Work Days Facility Self-Monitoring(_valuation Rating B1 CIA -----------—--------------Reserved---------------------- 67 169 701 I 711 I 72 U N' 73[_Jj 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) 12:05 PM 08/09/19 05/04/01 Spindale WWTP Ecology St Exit Time/Date Permit Expiration Date Spindale NC 28160 02:30 PM 08/09/19 08/07/31 Name(s)of Onsite Representative(s)ITitles(s)/Phone and Fax Number(s) Other Facility Data Lance Eric Mundy/ORC/828-286-3407/ Name,Address of Responsible OfficiaUTitle/Phone and Fax Number Contacted Willie Bill Hodge,PO Box 186 Spindale NC No 28160/Superintendent/828-286-3407/ Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ v Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers JJ415Z6 Date. Roger C Edwards ' ARO WQ//828-296-4500/ L EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 ( NCO020664 I11 12f 08/09/19 I17 181Li Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see attached PCI form for details Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI)REPORT BACKGROUND INFORMATION [Complete Prior To PCI;Review Program Info Database Sheet(s)] 1. Control Authority(POTW)Name: Town of Spindale 2.. Control Authority Representative(s): Lance Mundy 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date: 08/31/2007 Inspection Type(Check One): ❑ PCI ® Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ❑YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES [—]NO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO PCS CODING_ Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type IN.1 1 N I C 1 0 1 0 1 2 10 16 16 14 1 109 119 IOU 1 1 I 11 I �1 I (DTIA) (TYPI) INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUS)? 4 SIUS 8. Current Number Of Cate orical Industrial Users(CIUs)? 2 CIUS 9. Number of SIUs Not Ins ected By POTW in the Last Calendar Year? 0 10.Number of SIUS Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Hi her Number of 9 or 10 0 NOIN 12.Number of SIUS With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUS in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 PSNC Semi-Annual Periods(Total Number of SIUS in SNC) 14.Number of SIUS in SNC For Re ortin DurinE Either of the Last 2 Semi-Annual Periods 0 MSNC 15.Number of SIUS In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS ,% 16.Number of SIUS In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ❑YES ❑NO If Yes,What are the Parameters and How are these Problems Being Addressed? one fecal coli form 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ®NO Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: none either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: none Public Notice?(May refer to PAR if Excessive SIUS in SNC) Not Published: none 20. Which Industries are on Compliance Schedules or Orders?For all SIUS on an Order,Has a Signed Copy of the Order been sent to the Division? NONE 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ®NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO 24. Is LTMP/STMP Data Maintained in a Table or Equivalent? ®YES ❑NO Is Table Adequate? ®YES ❑NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES❑NO 26. If NO to 23-26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1 f PROGRAM ELEMENTS REVIEW— Please review POTW files,verify POTW has copy of Program Element in v with supporting documents and copy of PERCS Approval Letter,and dates consistent with Pro ram Info: ®ram Element Last Submittal Last Approval Date Next Due, Date In file? Date In file If Applicable adworks Analysis(HWA) 08/01/06 ®Yes ❑ No 09/07/06 ®Yes❑ No Adustrial Waste Survey IWS 10/27/04 ®Yes❑ No 11/22/04 ®Yes ❑ No 12/31/2008 Sewer Use Ordinance(SUO) 05/03/07 ®Yes❑ No 09/20/07 ®Yes❑ No Enforcement Response Plan(ERP) 02/14/95 ®Yes❑ No 05/16/95 ❑Yes M No Long Term Monitoring Plan(LTMP) 10/27/04 ®Yes❑ No 11/22/04 ❑Yes® No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 9. User Name 1. UltinateTextiles2 ---j 3. 10. IUP Number 8 �"--� 1. Does File Contain Current Permit? Yes ❑ No E❑Yes ❑ Na� ❑Yes ❑ No 12. Permit Expiration Date 06/30/13 13. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A None 44. Does File Contain Permit Application Completed Within One Year Prior 23 Yes ❑ N� ❑Yes ❑ No F❑Yes ❑ No to Permit Issue Date? 15. Does File Contain an Inspection Completed Within Last Calendar Year? ®Yes ❑ No l❑Yes ❑ No ❑Yes ❑ No 16. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes❑No a. El es[]No a. ❑Yes[]No b. If No,is One Needed?(See Inspection Form from POTW) b. []Yes❑No b. ❑Yes❑No b. ❑Yes❑No 17. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Organic Mana ement Plan(TOMP)? 18. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes❑No a. ❑Yes[]Noa. ❑Yes❑No b.All Issues Resolved? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 19. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No ❑Yes ❑ No IF Yes ❑ No Sampling as Required by IUP, including flow? 10. boes File Contain POTW Sampling Chain-Of-Custod Forms? 1 ® Yes ❑ No ❑Yes ❑ No I ❑Yes ❑ No 11. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A DYes❑No❑N/Ai ❑Yes❑No❑N/A Sampling as Required by IUP, includin flow? l lb.During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A on time? 12a. For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑No®N/A ❑Yes❑NopN/A ❑Yes❑No❑N/A file includeprocess/dilution flows as Required by IUP? 12b.For categorical IUs with Production based limits,does file include ❑Yes❑No®N/A ❑Yes❑No❑N/A IP Yes❑No❑N/A production rates and/or flows as Required b IUP? 13a. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes ❑ No ❑Yes ❑ No [:1 Yes ❑ No All Limits Non-Com liance from Both POTW and SIU Sampling? 11 NA 13b. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Re ortin Non-Com liance from SIU Sampling? 14. a. Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample and submit results to POTW Within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑NopN/A b.❑Yes❑No❑N/A c. If applicable,Did POTW resample within 30 days of becoming aware c.❑Yes❑No®N/A of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑Yes❑No❑N/A 16. During the Most Recent Semi-Annual Period,Was the SIU in SNC? El Yes ® No ❑Yes ❑ No ❑Yes ❑ No 17. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑No®NIAF ❑Yes❑No❑N/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 18. Does the File Contain Penalty Assessment Notices? ❑Yes❑No®N/A 1 ❑Yes❑No❑N/A pYes❑No❑N/A 19., Toes The File Contain Proof Of Penalty Collection? ❑Yes❑NoON/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 50`� ,Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A b.Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑NopN/A i 1. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No ❑Yes ❑ No ❑Yes ❑ No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 FILE REVIEW COMMENTS: Files were found to be in good order; however, it appears that there may be., correspondance from the PERCS Unit such as approval letters for the LTMP and ERP INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MMIDD/YY Inspea.Type Inspector Fac.Type (DTIA) (TYPI) (INSP) (FACC) 1. Industry Inspected: 2.Industry Address: 3.Type of Industry/Product: 4. Industry Contact: Title: Phone: Fax: 5.Does the POTW Use the Division Model Inspection Form or Equivalent? ❑YES ❑NO 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ❑YES ❑NO B. Plant Tour ❑YES ❑NO C. Pretreatment Tour ❑YES ❑NO , D. Sampling Review ❑YES ❑NO E. Exit Interview ❑YES ❑NO Industrial Inspection Comments: No industry was inspected due to time constraints. A thorough industry inspection was conducted during last years audit. OVERALL SUMMARY AND COMMENTS: Comments: The program appears to be in relatively good condition The filing system is in good order. Requirements: None Recommendations: Keep u�the good works -- NOD: ❑YES ®NO NOV: ❑YES ®NO QNCR: ❑YES ®NO POTW Rating: Satisfactory X Marginal UnSatisfactory PCI COMPLETED BY: Keith Haynes DATE: September 19,2008 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director 1: Division of Water Quality 'dolittw <' Asheville Regional Office SURFACE WATER PROTECTION October 15, 2008 Donald Danford City of Morganton PO Box 3448 Morganton NC 286559850 SUBJECT: Pretreatment Compliance Inspection Catawba River Pollution Control Facility Permit No: N00026573 Burke County Dear Mr. Danford: Enclosed please find a copy of the Pretreatment Compliance Inspection Report for the inspection, which I conducted of Morganton's approved Pretreatment Program on September 23, 2008. As part of this inspection, a review of the City's Pretreatment Annual Report (PAR) was also conducted. The City's program was found to be in Compliance with applicable Pretreatment regulations and permit N00026573. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Kenny Fleming during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500. Sincer Keith Hayne Environmental Senior Specialist Enclosure cc: Kenny Fleming Central Files Asheville Files PERCS Unit G:\WPDATA\DEMWQ\Burke\26573 Morganton WWTP\PC1092308letter.doc No,thCaroiina JVatun"ly 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 A Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15' 31 NCO026573 Ill 121 08/09/23 117 18IPI 191SI 201l_ 10 ®r Remarks 1� 21111111111111111111111111111111111111111111111U6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved--------------------- 671 169 70I 1 711 1 72I NI 73L j 74 751 1 1 I l I i 1 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:30 AM 08/09/23 06/02/01 Catawba River Pollution Control Facility 1000 vine Arden Rd Exit Time/Date Permit Expiration Date Morganton NC 28680 11:59 AM 08/09/23 10/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kenneth R Fleming/ORC/828-438-5376/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Donald Danford,PO Box 3448 Morganton NC 286559850//828-438-5285/ yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) ) Pretreatment Section D: Summa of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date r}' [,— Roger C Edwards "+ler ARO WQ//828-296-4500/ s EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/molday Inspection Type 1 t NCO026573 I11 12� 08/09/23 117 181Pf Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see attached PCI form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI)REPORT BACKGROUND INFORMATION(Complete Prior To PCI;Review Program Info Database Sheet(s)l 1. Control Authority(POTW)Name: City of Morganton 2. Control Authority Representative(s): Kenn Fy leming 3. Title(s):—Pretreatment Coordinator 4. Last Inspection Date: 08/22/2007 Inspection Type(Check One): ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES ONO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type NJ INIC101012161517131 1091231081 IPI SI 11i (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 4 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 1 J CIUS 9. Number of SIUS Not Inspected By POTW in the Last Calendar Year? 0 10.Number of SIUS Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Higher Number of 9 or 10 L 0 NOIN 12.Number of SIUS With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUS in SNC for Either Reporting or Limits Violations During Either of the Last 2 1 PSNC Semi-Annual Periods(Total Number of SIUS in SNC) 14.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC - 15.Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods F 1 SNPS _/ 16.Number of SIUs In SNC For.Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW _ 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ®YES ❑NO If Yes,What are the Parameters and How are these Problems Being Addressed? Selenium, chlorine 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ®NO Discharge(Interference,Pass-Through,Blockage,Citizens'Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: Southern Devices either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting:None Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: None 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑ YES ®NO Ones? LIMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ® YES ❑NO 24. Is LTMP/STMP Data Maintained in a Table or Equivalent? ❑YES ®NO Is Table Adequate? ❑YES ❑NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES❑NO 26. If NO to 23-26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page I t'PROGRAM ELEMENTS REVIEW-Please review POTW files,verify POTW has copy of Program Element in with supporting suppointing documents and copy of PERCS Approval Letter,and dates consistent with Pro ram Info: ,,-am Element Last Submittal Last Approval Date Next Due, Date In file? Date In file If Applicable Aworks Analysis(HWA) 08/06/04 ®Yes❑ No 08/I8/04 ®Yes❑ No 05/01/09 .austrial Waste Survey(IWS) 03/02/07 ® Yes❑ No 06/13/07 ®Yes❑ No 03/01/12 Sewer Use Ordinance SUO) 05/16/07 ®Yes❑ No 04/04/08 ® Yes❑ No Enforcement Response Plan(ERP) 01/26/90 ® Yes❑ No 01/30/96 ®Yes ❑ No Long Term.Monitoring Plan(LIMP} 08/11/05 1 ®Yes ❑ No 08/12/05 ®Yes❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 9. User Name �. Viscotec Automotive 12. A s� 3. �0. IUP Number 4002 —s—��--� 1. Does File Contain Current Permit? E Yes ❑ N=ol ❑Yes ❑ No l u Yes ❑ No 2. Permit Expiration Date 03/31/12�� � 3. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A NA 4. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ fl ElYes ElNoIFO—Yes ElNo to Permit Issue Date? — 5. Does File Contain an Inspection Completed Within Last Calendar Year? I ®Yes ❑ No I ElYes ElNo [:1Yes ElNo 6. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes❑No F. [:]Yes❑No a. ❑Yes❑No b. If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes❑No . ❑Yes[]No b. ❑Yes❑No 7. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 8. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes[IN a. []Yes[]No a. ❑Yes❑No b.All Issues Resolved? bnYes❑No®N/A b.❑YespNo❑NIA b.❑Yes❑No❑N/A 9. During the Most Recent Semi-Annual Period,Did the POTW Complete ® Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No Sampling as Required by IUP, including flow? 0. `'goes File Contain POTW Sampling Chain-Of-Custody Forms? I ®Yes ❑ Noj ❑Yes ❑ No ❑Yes ❑ No 1. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Sampling as Required b IUP,includingflow? lb.During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes®No❑N/A ❑YespNo❑N/A ❑Yes❑No❑N/A on time? C of C error 2a. For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑No®N/A ❑YespNo❑N/A ❑Yes❑No❑N/A file includeprocess/dilution flows as Required by IUP? 2b.For categorical IUs with Production based limits,does file include ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑YespNo❑N/A production rates and/or flows as Required by IUP? 3a. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? 3b. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Re ortin Non-Com liance from SIU Sampling? 4. a. Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑NoON/A a.❑Yes❑NoON/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample and submit results to POTW Within 30 Days? b.❑YespNo®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A c.If applicable,Did POTW resample within 30 days of becoming aware c.pYes❑No®N/A of SIU limit violations in the POTW's sampling of the SIU? c.❑YespNo❑N/A c.❑Yes❑No❑N/A 6. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No ❑Yes ❑ No ❑Yes ❑ No 7. During the Most Recent Semi-Annual Period,Was Enforcement Taken ®Yes❑No❑N/A ❑Yes❑No❑N/A IF ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 8. Does the File Contain Penalty Assessment Notices? ❑YesE]No®N/A OYesONoEl I ❑Yes❑No❑N/A 9. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 0. )oes the File Contain Any Current Enforcement Orders? a.❑Yes❑MON/A a.❑Yes❑NOON/A I a.❑Yes❑NoON/A 6:Is SIU in Compliance with Order? b.❑Yes❑NoON/A b.❑Yes❑No❑N/A b.pYesONoON/A 1. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No 117! s [:1No ❑Yes [:1No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 PILE REVIEW COMMENTS: As is the norm,the pretreatment files were found to be in excellent order! INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type NJ f N I C 1 0 1 0 1 2 1 7 1 6 1 5 1 3 1 1 09 117 �08 1 I j L � I 2 (DTIA) (TYPI) (fNSP) (FACC) 1. Industry Inspected: Viscotec 2. Industry Address: 1500 East Union Street 3.Type of Industry/Product: Automotive Fabrics 4. Industry Contact: William Fritz Title: Plant Engineer Phone: Fax: 5. Does the POTW Use the Division Model Inspection Form or Equivalent? ®YES ❑NO 6. Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ®YES ❑NO B. Plant Tour ®YES ❑NO C. Pretreatment Tour ®YES ❑NO D. Sampling Review ® YES ❑NO E. Exit Interview YES ❑NO Industrial Inspection Comments: Very thorough inspection OVERALL SUMMARY AND COMMENTS: Comments: Very well operated pretreatment program Requirements: NONE Recommendations: Keep up the excellent work! NOD: ❑YES ®NO NOV: ❑YES ®NO QNCR: ❑YES ®NO POTW Rating: Satisfactory X Marginal UnSatisfactory PCI COMPLETED BY: Keith Haynes DATE: September 23,2008 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25i07 Page 3 Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 15, 2008 Mack W Edmisten City of Lenoir PO Box 958 Lenoir NC 286450958 SUBJECT: Pretreatment Compliance Inspection Gunpowder Creek WWTP Permit No: NCO023736 Caldwell County ®ear Mr. Edmisten: Enclosed please find a copy of the Pretreatment Compliance Inspection Report for the inspection, which I conducted of the City's approved Pretreatment Program on September 18, 2008. As part of the inspection, a review of the City's 2007 Pretreatment Annual Report (PAR) was also conducted. The program was found to be in Compliance with permit N00023736 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Monte Wall during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500. Sincerel , Keith Haynes Environmental Senior Specialist Enclosure cc: Monte L Wall Central Files Asheville Files PERCS unit G:\WPDATA\DEMWQ\Caldwell\Lenoir WWTPs\Pretreatment\PC1091808letter.doc e NoorthCarolina Naturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. PA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8 31 98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 1 Sl 3I N0002373G 111 12I 08/09/18 J 17 18' DI 191 c) 20� I -J Remarks -! 29111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 CIA --------------------------Reserved---------------------- 67 69 70 I I 71 I ' 72 I N I 73 L_jj 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:55 AM 08/09/18 07/09/01 Gunpowder Creek WWTP Exit Time/Date Permit Expiration Date NCSR 1127 Lenoir NC 28645 11:55 AM 08/09/18 10/01/31 Name(s)of Onsite Representative(s)lritles(s)/Phone and Fax Number(s) Other Facility Data Monte L Wall/ORC/828-757-2198/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Mack W Edmisten,PO Box 958 Lenoir NC 286450958//828-396-1006/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) ;>>> Pretreatment Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ j' j ` r EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 �. NCO023736 t11 12, 08/09/3.8 117 18N Section D: Summary of Finding/Comments(Attach additional sheets of narrative and cheddists as necessary) See attached PCI form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI)REPORT BACKGROUND INFORMATION [Complete Prior To PCI• Review Program Info Database Sheet(s)] l. Control Authority(POTW)Name: _ City of I enior 2. Control Authority Representative(s): Monte Wall 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date: 09/11/07 Inspection Type(Check One): ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ® YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES ®NO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type N I N I C 1 0 1 0 12 13 J 7 13 161 1 09 1 18 1081 L P I 1__S_J 1 1 l (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 4 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 1 CIUS 9. Number of SIUs Not Ins ected B POTW in the Last Calendar Year? 0 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Higher Number of 9 or 10 0 NOIN 12.Number of SIUS With No IUP,or With an Ex fired IUP 0— NOCM 13.Number of SIUS in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 PSNC Semi-Annual Periods(Total Number of SIUS in SNC) 14.Number of SIUS in SNC For Reporting DuringEither of the Last 2 Semi-Annual Periods 0 MSNC - 15.Number of SIUs In SNC For Limits Violations DuringEither of the Last 2 Semi-Annual Periods 0 SNPS 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ❑YES ®NO If Yes,What are the Parameters and How are these Problems Being Addressed? 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ®NO Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: none either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: none Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: none 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ®NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO 24. Is LTMP/STMP Data Maintained in a Table or Equivalent? ®YES ❑NO Is Table Adequate? ®YES ❑NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES❑NO 26. If NO to 23-26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1 ,NT PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of Program Element in ,ce with supporting documents and copy of PERCS Approval Letter,and dates consistent with Pro ram Info: .gram Element Last Submittal Last Approval Bate Next Due, Date In file? Date In file If Applicable eadworks Analysis(HWA) 05/07/07 Yes❑ No 10/09/07 ❑Yes® No 12/01/11 bndustrial Waste Survey(IWS) 07/28/08 ®Yes❑ No In review ❑Yes ® No Sewer Use Ordinance SUO) 07/25/07 Yes❑ No 11/02/07 ®Yes ❑ No Enforcement Response Plan(ERP) 12/05/95 ®Yes❑ No 12/20/95 Yes ❑ No Long Term Monitoring Plan(LTMP) 10/21/04 ®Yes'❑ No 10/29/04 ®Yes ❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 I_U INSPECTION) ?9. User Name i.Avery Dennison f 2. 3. 30. IUP Number 0003 71 31. Does File Contain Current Permit? ®Yes ❑ No ��Yes El No ❑Yes El No 32. Permit Expiration Date 05/31/12 r---� 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A �none � 14. Does File Contain Permit Application Completed Within One Year Prior Tt� No ❑Yes ❑ No ❑Yes ❑ No to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? MYes 07Koj ❑Yes ❑ No ❑Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes❑No a. ❑Yes ON a. ❑Yes❑No b. If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes❑No b. ❑Yes ❑NNo b.[]Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 38. a. Does File Contain Original Permit Review Letter from the Division? a. ®Yes[-]No a. QYes []NO a.[]Yes[]Nob. All Issues Resolved? b.❑Yes❑No®N/A b,❑Yes❑No❑N/A 11 b.❑Yes❑No❑N/A El El ❑Yes ❑ No 39. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No No Sam lin as Re uired b IUP,includin flow? to. Does File Contain POTW Sampling Chain-Of-CustodyForms? ®Yes ❑ No El Yes ❑ N� El Yes [I No 11. During the Most Recent Semi-Annual Period,Did the SIU Complete its ❑Yes❑No❑N/A ❑Yes❑No❑N/A P Yes❑No❑N/A Sampling as Required b IUP, includingflow? 11b. During the Most Recent Semi-Annual Period,Did SIU submit all reports ❑Yes❑No®N/A ❑YespNo❑N/A 11 ❑Yes❑No❑N/A on time? 12a.For categorical IUs with Combined Wastestream Formula(CWF),does ElYes❑No®N/A ❑Yes❑No❑N/A IP Yes❑No❑N/A file include process/dilution flows as Required b IUP? 12b.For categorical IUs with Production based limits,does file include ❑YespNo®N/A ❑Yes❑NopN/A 11 ❑Yes❑No❑N/A production rates and/or flows as Required by IUP? 13a. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? NA 13b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑NoON/A ❑YespNo❑N/A ❑Yes❑No❑N/A All Re ortin Non-Com liance from SIU Sampling? 14. a. Was the POTW Notified by SIU(Within 24 Hours)of All Self: a.❑Yes❑No®N/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample and submit results to POTW Within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A c. If applicable,Did POTW resample within 30 days of becoming aware c.❑Yes❑No®N/A of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑Yes❑No❑NIA 16. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No ❑Yes ❑ No 11 ❑Yes ❑ No 17. During the Most Recent Semi-Annual Period,Was Enforcement Taken !11 ❑Yes❑NopN/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timin , etc.)? 48. Does the File Contain Penalty Assessment Notices? ❑YesONoON/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 19`Toes The File Contain Proof Of Penal Collection? ❑YespNo®N/A ��❑Yes❑No❑N/A ❑Yes❑No❑N/A 50's, ,Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑NopN/A J[b.oYesoN.OX/A ❑Yes❑No❑N/A b. Is SIU in Compliance with Order? b.❑Yes❑NOON/A b.❑Yes❑No❑N/A 51. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® No ❑Yes ❑ No ❑Yes ❑ No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form updated 7/25/07 Page 2 FILE REVIEW COMMENTS: Files were in good order. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type I.NI I N I Q 1 0 1 0 1.2 1 3 1 7 1 3 1 6 1 1 09 118 1081 l 1 l l S l L 2 1 (DTIA) (TYPI) (INSP) (FACC) 1. Industry Inspected:_ Avery Dennison formerly Paxar Corp 2.Industry Address: 950 German Street Lenoir 3. Type of Industry/Product: Clothin labels 4. Industry Contact: Kelly Hamel Title: EHS Phone: Fax: 5.Does the POTW Use the Division Model Inspection Form or Equivalent? ®YES ❑NO 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ®YES ❑NO B. Plant Tour ®YES ❑NO C. Pretreatment Tour ®YES ❑NO D. Sampling Review ®YES ❑NO E. Exit Interview ®YES ❑NO Industrial Inspection Comments: Good inspection. Mr.Wall informed the industry that their spill plan should be updated since ownership has changed. OVERALL SUMMARY AND COMMENTS: Comments:. The City's Chain of Custody should be changed to reflect received info and time of receipt. Requirements: Recommendations: See comment regarding Chain of Custody NOD: ❑YES ®NO NOV: ❑YES ®NO QNCR: ❑YES ®NO POTW Rating: Satisfactory X Marginal �UnSatisfactory PCI COMPLETED BY: Keith Hanes DATE: September 18,2008 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 Michael F.Easley,Governor William G.Ross Jr.,Secretary fG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director r—� Division of Water Quality ANNEIRMW `C Asheville Regional Office SURFACE WATER PROTECTION October 15, 2008 Karen E Andrews Town of Rutherfordton 129 N Main St Rutherfordton NC 28139 SUBJECT: Pretreatment Compliance Inspection Rutherfordton WWTP Permit No: NCO025909 Rutherford County Dear Ms. Andrews: Enclosed please find a copy of the Pretreatment Compliance Inspection Report for the inspection, which I conducted of the Town's approved modified pretreatment program, on September 19, 2008. As a part of the inspection, the Town's 2007 Pretreatment Annual Report (PAR) was also reviewed. The Pretreatment Program was found to be in Compliance with permit NCO025909 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance of Nadine Blackwell during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500. Sincer Keith Haynes Environmental Senior Specialist Enclosure cc: Nadine Blackwell Central Files Asheville Files PERCS Unit G:\WPDATA\DEMWQ\Rutherford\25909 Rutherfordton WWTP\PCI091908letter.doc Won thCarolina ,Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. � EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I5I 31 NCO025909 I11 121 08/09/19 117 18IPI 19ISI 20�II Remarks 21111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved-----------—-------— 67I 169 701 I 711 I 721 NJ 73'W I 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:45 AM 08/09/19 04/05/01 Rutherfordton WWTP NC Hwy 221 Exit Time/Date Permit Expiration Date Rutherfordton NC 28139 11:30 AM 08/09/19 08/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Nadine J Blackwell/ORC/336-766-0270/ Name,Address of Responsible Official/Title/Phone and Fax Number Karen E Andrews,129 N Main St Rutherfordton NC Contacted 28139//828-287-3520/8282868054 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s) Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ E e of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Da e C EdwardsAy ARO WQ//828-296-4500/ �' EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 NCO025909 I11 12I 08/09/19 I17 18N Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please attached PCI form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI)REPORT BACKGROUND INFORMATION [Complete Prior To PCI; Review Program Info Database Sheet(s)] 1. Control Authority(POTW)Name: Town of Rutherfordton 2. Control Authority Representative(s): Nadine Blackwell 3. Title(s): Pretreatment Consultant 4. Last Inspection Date: 08/31/07 Inspection Type(Check One): ❑ PCI ® Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES ®NO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type NJ J N I C 1 0 10 12 15 19 10 191 1091191081 L P J LS ( j 1J (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 1 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 1 CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? C_ 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Higher Number of 9 or 10 1 0 J NOIN 12.Number of SIUs With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 PSNC Semi-Annual Periods(Total Number of SIUs in SNC) 14.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC �- 15.Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods F-0 SNPS J' 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ®YES ❑NO If Yes,What are the Parameters and How are these Problems Being Addressed? various minor 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ®NO Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: None either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: none Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: None 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ®NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑ NO 24. Is LTMP/STMP Data Maintained in a Table or Equivalent? ®YES ❑ NO Is Table Adequate? ®YES ❑NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES❑NO 26. IfNO to 23-26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1 ,8T PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of Program Element in .;te with supporting documents and copy of PERCS Approval Letter,and dates consistent with Pro ram Info: .gram Element Last Submittal Last Approval Date Next Due, Date In file? Date In file If Applicable _,adworks Analysis(HWA) 08/18/08 ®Yes❑ No In review ❑Yes❑ No ,Andustrial Waste Survey(IWS) 03/28/05 ®Yes ❑ No 05/04/09 ®Yes❑ No 03/31/10 Sewer Use Ordinance SUO) 07/25/07 ®Yes❑ No 08/10/07 ®Yes❑ No Enforcement Response Plan(ERP) 04/15/99 ®Yes❑ No 04/26/99 ®Yes❑ No Long Term Monitoring Plan(LTMP) 10/29/04 ®Yes❑ No 11/01/04 ®Yes❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR I FILE REVIEW AND 1 IU INSPECTION) ?9. User Name 1.Outdoors Colors ir 2. 30. IUP Number 002 11. Does File Contain Current Permit? ®Yes ❑ No 11 ❑Yes ❑ No1 ❑Yes ❑ No 32. Permit Expiration Date 12/31/07 ��-� 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 1 433 34. Does File Contain Permit Application.Completed Within One Year Prior ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No to Permit Issue Date? 35. Does File Contain an Inspection Com leted Within Last Calendar Year? ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes❑No a. ❑Yes❑No a. ❑Yes❑No b. If No,is One Needed?(See Inspection Form from POTW) b. ❑Yes❑No b. ❑Yes❑No 11 b.❑Yes ❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 38. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes[]No a. ❑Yes❑No a. ❑Yes❑No b.All Issues Resolved? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 39 During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No _ =,Sampling as Required!2y IUP, including flow? 11 t0. goes File Contain POTW Sampling Chain-Of-Custody Forms? ® Yes ❑ No 11 ❑Yes ❑ No 11 ❑Yes ❑ No 11. During the Most Recent Semi-Annual Period,Did the SIU Complete its MYes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Sampling SMpling as Required by IUP,including flow? IIb.During the Most Recent Semi-Annual Period,Did SIU submit all reports ❑YesMNo❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A on time? t2a. For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑NoMN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A file includeprocess/dilution flows as Required by IUP? 11 12b. For categorical IUs with Production based limits,does file include F7! ❑ /A ❑N/A ❑Yes❑No❑NYes❑No❑N/A production rates and/or flows as Required by IUP? 13a. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? 13b. During the Most Recent Semi-Annual Period,Did the POTW Identify MYes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Rg ortin Non-Com liance from SIU Sampling? 14. a. Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑NoMN/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample and submit results to POTW Within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A c. If applicable,Did POTW resample within 30 days of becoming aware c.❑Yes❑No®N/A of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑Yes❑No❑N/A 16. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No ❑Yes ❑ No 11 ❑Yes ❑ No 17. During the Most Recent Semi-Annual Period,Was Enforcement Taken MYes❑No❑N/A ❑Yes❑No❑N/AjPYes0No0N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 18. Does the File Contain Penalty Assessment Notices? ❑Yes❑NoMN/A ❑Yes❑No❑N/A I ❑Yes❑No❑N/A 49.1 Does The File Contain Proof Of Penalty Collection? ❑Yes❑NoMN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A� 50 Does the File Contain Any Current Enforcement Orders? a.❑Yes❑NoMN/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A b. Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 51. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑Yes ® !][7E] No JFM Yes ❑ No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 FILE REVIEW COMMENTS: Files were in excellent order as always. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type (DTIA) (TYPI) (1NSP) (FACC) 1. Industry Inspected: 2.Industry Address: 3.Type of Industry/Product: 4. Industry Contact: Title: Phone: Fax: 5. Does the POTW Use the Division Model Inspection Form or Equivalent? ❑YES ❑NO 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ❑YES ❑NO B. Plant Tour ❑YES ❑NO C. Pretreatment Tour ❑YES ❑ NO D. Sampling Review ❑YES ❑NO E. Exit Interview ❑YES ❑NO Industrial Inspection Comments: No industry inspection was performed during this visit as the industry has only one industry and DWQ visited it last year during the audit. OVERALL SUMMARY AND COMMENTS: Comments: Ms Blackwell is doing a fine job assuring the Town meets pretreatment program m requirements. Requirements: Recommendations: NOD: []YES ®NO NOV: [—] YES ®NO QNCR: [:]YES ®NO POTW Rating: Satisfactory X Marginal UnSatisfactory PCI COMPLETED BY: Keith Havnes % DATE: September 19,2008 T 1 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25!07 Page 3 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 15, 2008 Thomas E Hartye Metropolitan Sewerage District of Buncombe County North Carolina 2028 Riverside Dr Asheville NC 288043054 SUBJECT: Pretreatment Compliance Inspection French Broad River WRF Permit No: NCO024911 Buncombe County Dear Mr. Hartye: Enclosed please find a copy of the Pretreatment Compliance Inspection Report for the inspection, which I conducted of MSD's approved pretreatment program on September 17, 2008. As a part of the inspection, a review of MSD's 2007 Pretreatment Annual Report (PAR) was also conducted. The pretreatment program was found to be in Compliance with permit NCO024911 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance and time of Monty Payne and Jon wan Hoff during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 296-4500. Sincerel , Keith Haynes Environmental Senior Specialist Enclosure cc: Monty Payne Central Files Asheville Files PERCS Unit G:\WPDATA\DEMWQ\Buncombe\24911 MSD\Pretreatment\PC1091708letter.doc one NorthCarolina Naturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA n Washington,D.C.20460 OMB No.2040-0057 Ertl Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 i51 31 NCO024911 (11 121 08/09/17 117 181P1 191c1 20U Remarks 211 1 1 1 1 1 1 1 11 1 1 1 1 1 1 Jill 1 1 I I I I I I 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---------------------- 671 69 70�1) 711 1 72LNI 73 L_U 74 751 1 I I I I 1 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 08/09/17 08/02/01 French Broad River WRF NC Hwy 251 Exit Time/Date Permit Expiration Date Asheville NC 28814 11:55 AM 08/09/17 10/12/31 Name(s)of Onsite Representative(s)R'itles(s)/Phone and Fax Number(s) Other Facility Data Monty Payne/// Monty D Payne/ORC/828-254-9646/ Name,Address of Responsible Official/title/Phone and Fax Number Contacted Thomas E Hartye,2028 Riverside Dr Asheville NC 288043054//828-254-9646/ Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Findin /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signatures)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ to . Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. �J Page# 1 NPDES yr/mo/day Inspection Type 1 NCO024911 I11 12I 08/09/17 I17 181_I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Please see attaced PCI form for details Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIAI®CE INSPECTION (PCI)REPORT BACKGROUND INFORMATION [Complete Prior To PCI; Review Program Info Database Sheet(s)] 1. Control Authority(POTW)Name: Metropolitan Sewerage District of Bncombe County 2. Control Authority Representative(s): MoM Payne and Jon van Hoff 3. Title(s): Industrial Waste Coordinator/Industrial Pretreatment Infector 4. Last Inspection Date: 07/18/2007 Inspection Type(Check One): ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑ YES ®NO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type Nj I N I CIO 10 12141911Ill 1091171081 L P I ( S J 1 (DTIA) (TYPI) (INSP) (FACC). 7. Current Number Of Si nificant Industrial Users(SIUs)? 23 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 16 CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11. Enter the Higher Number of 9 or 10 0 NOIN 12.Number of SIUs With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 PSNC Semi-Annual Periods(Total Number of SIUs in SNC) 14.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC 15.Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? ❑YES ®NO If Yes,What are the Parameters and How are these Problems Being Addressed? 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ❑YES ®NO Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: NONE either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting:NONE Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published:NONE -- 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has a Signed Copy of the Order been sent to the Division? NONE 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes,Which ❑YES ®NO Ones? LIMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO 24. Is LTMP/STMP Data Maintained in a Table or Equivalent? ®YES ❑NO Is Table Adequate? ®YES ❑NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES❑NO 26. If NO to 23-26,list violations 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ®YES ❑NO If yes,which ones?Eliminated: Cadmium/Oil&crease Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1 AT PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of Program Element in .e with supporting documents and copy of PERCS Approval Letter,and dates consistent with Pro ram Info: ,.gram Element Last Submittal Last Approval Date Next Due, Date In file? Date In file If Applicable .adworks Analysis(HWA) 06/03/2005 M Yes ❑ No 05/05/2005 M Yes ❑ No 04/01/2009 Industrial Waste Survey(IWS) 01/27/2005 M Yes ❑ No 01/16/2008 M Yes❑ No 11/01/2009 Sewer Use Ordinance(SUO) 05/25/2007 ® Yes❑ No 05/02/2005 M Yes❑ No Enforcement Response Plan(ERP) 10/06/2004 M Yes❑ No 05/02/2005 M Yes ❑ No Long Term Monitoring Plan(LTMP) 08/11/2005 M Yes❑ No 10/03/2005 M Yes ❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND I IU INSPECTION) 29. User Name 1. Baldor Electric Co. �2 1 3. 30. IUP Number S-070-07 31. Does File Contain Current Permit? _Z Yes ❑ No 11 ❑Yes ❑ Ro-11 ❑Yes ❑ No] 32. Permit Expiration Date F 12/31/11 71E­__L� 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 1 471 --�r � 34. Does File Contain Permit Application Completed Within One Year Prior M Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? M Yes ❑ No ❑Yes ❑ No I ❑Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes❑No J1 a. ❑Yes❑No a. ❑Yes❑No b. If No, is One.Needed?(See Inspection Form from POTW) b. ❑Yes❑No b. ❑Yes ❑No b. ❑Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑NoNN/A ❑Yes❑No❑N/A F Yes❑No❑N/A Organic Management Plan(TOMP)? 38. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes❑No a. ❑Yes❑No a. ❑Yes❑No b. All Issues Resolved? b.❑Yes❑NoNN/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 39. During the Most Recent Semi-Annual Period,Did the POTW Complete M Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No Sampling as Re uired by IUP, including flow? 10., _oes File Contain POTW Sampling Chain-Of-Custody Forms? M Yes ❑ No El Yes ❑ No 11 [:]Yes ❑ No 11. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A ]j Sampling as Re uired by IUP,including flow? 1Ib. During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A on time? 12a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑NoNN/AF❑Yes❑No❑N/A ❑Yes❑No❑N/A file includeprocess/dilution flows as Required bX IUP? 12b.For categorical IUs with Production based limits,does file include ®Yes❑No❑N/A ❑Yes❑No❑N/A IP Yes❑No❑N/A production rates and/or flows as Required b IUP? 13a. During the Most Recent Semi-Annual Period,Did the POTW Identify F ❑Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? NA 13b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑NoNN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Re ortin Non-Com liance from SIU Sampling? 14. a. Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑NoNN/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b. Did Industry Resample and submit results to POTW Within 30 Days? b.❑Yes❑NoNN/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A c. If applicable,Did POTW reample within 30 days of becoming aware c.❑Yes❑NoNN/A of SIU limit violations in the POTW's sampling of the SIU? c.❑YespNo❑N/A c.❑Yes❑NopN/A I6. Duringthe Most Recent Semi-Annual Period,Was the SIU in SNC? ElYes M No El Yes ❑ No El Yes El No 'F7. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑NoNN/A ❑Yes❑No❑N/A F Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 8. Does the File Contain Penalty Assessment Notices? 0Yes0No0N/7Aj ❑Yes❑No❑N/A ❑Yes❑No❑N/A 9. Does The File Contain Proof Of Penalty Collection? rOYes❑NoNN/A I ❑Yes❑No❑NIA ❑Yes❑No❑N/A Does the File Contain Any Current Enforcement Orders? a.❑Yes❑NoNN/A a.❑Yes❑No❑N/A a.❑Yes❑No❑N/A u Is SIU in Comp liance with Order? b.❑Yes❑NoNN/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 1. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑ Yes M No E Yes ❑ No ❑Yes ElNo Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 FILE REVIEW COMMENTS: The files were found to be in excellent condition. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DDIYY Inspec.Type Inspector Fac.Type NJ JNIQ101012141911111 109117108 11l jSj L2I (DTIA) (TYPI) (INSP) (FACC) 1.Industry Inspected: Baldor Electric Co. 2. Industry Address: 3.Type of Industry/Product: Powdered metal parts 4. Industry Contact: Johnny Reno Title: Phone: Fax: 5. Does the POTW Use the Division Model Inspection Form or Equivalent? ® YES ❑NO 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ®YES ❑NO B. Plant Tour ®YES ❑NO C. Pretreatment Tour ®YES ❑NO D. Sampling Review ®YES ❑NO E. Exit Interview ®YES ❑NO Industrial Inspection Comments: This facility was formerly Reliance Electric company. This inspection was done as one of MSD's unannounced inspections. Normally two inspections are performed per year at each industry one announced and one unannounced. Good inspection. OVERALL SUMMARY AND COMMENTS: Comments: MSD continues to operate an excellent pretreatment program. Requirements: Updated SUO was to be submitted by October 1,2008 Recommendations: Keep-up the good work! NOD: ❑YES ® NO NOV: ❑YES ®NO QNCR: ❑YES ® NO POTW Rating: Satisfactory X Marginal UnSatisfactory PCI COMPLETED BY: Keith Haynes DATE: September 17,2008 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality o � Asheville Regional Office SURFACE WATER PROTECTION October 16, 2008 Mr. Tim Holloman, Town Manager Town of Columbus Post Office Box 146 Columbus, North Carolina 28722-0146 Subject: Compliance Evaluation Inspection Permit No. WQCS00140 Town of Columbus Wastewater Collection System Polk County Dear Mr. Holloman: Attached is the,report resulting from the Collection System Permit Compliance Evaluation Inspection which I conducted on October 15, 2008. It was my determination that the Town of Columbus is doing an excellent job of maintaining and operating the Town's wastewater collection system. Please convey my appreciation to the staff actually taking care of the system and the Columbus Town Council for providing the necessary resources. I noticed that the Town does not have a closed circuit television camera for inspection of the interior of sewers. Such a piece of equipment can save much time and money by preventing unnecessary digging up of sewers and is the logical next purchase for your Public Works Department. I would hope that the Town Council can make space in the budget for such a camera. Please do not hesitate to call me at 828-296-4659 should you need to discuss any aspect of this report. Sincerely, Roy M. Davis Environmental Engineer Enclosure cc: Ricky McGuinn, CSORC, Town of Columbus Surface Water Protection Section Central Files PERCS Files GAWPDATA\DEMWQ\POLK\Columbus Collection System\Inspection Cover Letter.08.doc 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NoithCarolina Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 10/15/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The Town of Columbus is doing an excellent job of operating and maintaining its wastewater collection system. Page: 2 Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 10/15/2008 Inspection'type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? n What educational tools are used? Articles in local newspaper.The Town will make use of the Town's web site. Is Sewer Use Ordinance/Legal Authority available? mn o n Does it appear that the Sewer Use Ordinance is enforced? ® o n n Is Grease Trap Ordinance available? n n n Is Septic Tank Ordinance available(as applicable,i.e.annexation) n n n List enforcement actions by permittee, if any,in the last 12 months None Has an acceptable Capital Improvement Plan(CIP)been implemented? ® n Cl n Does CIP address short term needs and long term\"master plats'concepts? ® n 0 n Does CIP cover three to five year period? ® n n n Does CIP include Goal Statement? ® n n Cl Does CIP include description of project area? ® n n n Does CIP'include description of existing facilities? ® n n n Does CIP include known deficiencies? ® ❑ n n Does CIP include forecasted future needs? ® n n n Is CIP designated only for wastewater collection and treatment? ® 0 ❑ n . Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? $479,774.00 CIP Comments The Town of Columbus has just this year completed the Highway 108 sewer project,replaced the Farm Pump Station and installed pump station emergency generators. Is system free of known points of bypass? ■ ❑ ❑ n If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ® n n ❑ #Does the sign include: Instructions for notification? ® Cl n n Pump station identifier? m o ❑ n 24-hour contact numbers M 0 n n If no, list deficient pump stations NA Page: 3 Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 10/15/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine #Do ALL pump stations have an"auto polling"feature/SCADA? ❑ on ❑ Number of pump stations 5 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 1 Number of pump stations that have only audible and visual alarms 4 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ❑ ❑ ❑ #If yes,date implemented? Describe: The Town of Columbus does not practice chemical root control. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ ❑ ❑ Are records available that document pump station inspections? E ❑ Cl ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ■ ❑ ❑ ❑ Are records available that document citizen complaints? ■ ❑ ❑ ❑ #Do you have a system to conduct an annual observation of entire system? ■ ❑ Cl ❑ #Has there been an observation of remote areas in the last year? ■ ❑ ❑ ❑ Are records available that document inspections of high-priority lines? ■ ❑ ❑ ❑ Has there been visual inspections of high-priority-lines in last six months? ■ ❑ ❑ ❑ Comment: Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ ❑ ❑ Does supervisor review all log books on a regular basis? ■ ❑ ❑ ❑ Does the supervisor have plans to address documented short-term problem areas? ❑ ❑ ■ ❑ What is the schedule for reviewing inspection, maintenance,&operations logs and problem areas? As necessary. Are maintenance records for equipment available? ■ ❑ ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ■ ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? Generators-weekly. Page: 4 Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 10/15/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? o n n Inspecting and exercising all valves? n o n Inspecting and lubricating pumps and other equipment? n n n Inspecting alarms,telemetry and auxiliary equipment? n n ❑ Is there at least one spare pump for each pump station w/o pump reliability? n n 0 n Are maintenance records for right-of-ways available? ■ 0 Cl n Are right-of-ways currently accessible in the event of an emergency? ■ n ❑ Q Are system cleaning records available? ® n n n Has at least 10%of system been cleaned annually? ® n 0 n What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? ■ Does the plan include: 24-hour contact numbers ® Q n n Response time ■ Q 11 Q Equipment list and spare parts inventory ■ n n Q Access to cleaning equipment ® ❑ n ❑ Access to construction crews, contractors,and/or engineers ■ ® 0 Source of emergency funds ❑ ❑ n ■ Site sanitation and cleanup materials ■ n n n Post-overflow/spill assessment ® n ❑ n Is a Spill Response Action Plan available for all personnel? ■ Q Q Is the spare parts inventory adequate? ■ ❑ ❑ Q Comment: RECOidS Yes No NA NE Are adequate records of all SSOs,spills and complaints available? 0 n ■ Are records of SSOs that are under the reportable threshold available? ❑ n ■ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ❑ ■ If yes,is there a corrective action plan? n ❑ ■ n Is a map of the system available? ■ n 00 Page: 5 Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 10/15/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes Im ❑ 0 ❑ Pipe materials m ❑ ❑ ❑ Pipe location M ❑ ❑ ❑ Flow direction m ❑ ❑ ❑ Approximate pipe age ❑ ■ ❑ ❑ Number of service taps ❑ ❑ ❑ Pump stations and capacity ❑ ■ ❑ ❑ If no,what percent is complete? 99 List any modifications and extensions that need to be added to the map Map needs pipe age and pump station capacities. #Does the permittee have a copy of their permit? ■ ❑ ❑ Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ❑ ❑ ■ ❑ Are public notices and proof of publication available? ❑ ❑ N ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1C? ■ ❑ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? ■ ❑ ❑ ❑ If no,which one(s)? NA Comment: FARM PUMP STATION -Hidden Valley Lane Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ■ ❑ ❑ ❑ Is it accessible in all weather conditions? ■ ❑ ❑ ❑ #Is general housekeeping acceptable? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ■ ❑ ❑ ❑ Are wet wells free of excessive debris? ■ ❑ ❑ ❑ Are upstream manholes free of excessive debris/signs of overflow? ■ ❑ ❑ ❑ Page: 6 Permit:WQCS00140 Owner-Facility:Town of Columbus Inspection Date: 10/15/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Are floats/controls for pumps/alarms operable? M 0 n n Is"auto polling"feature/SCADA present? D IN 0 D Is"auto polling"feature/SCADA operational? 0 n N Q Is simple telemetry present? M ❑ Cl n Is simple telemetry operational? M ❑ ❑ n Are audio and visual alarms present? Q 0 Are audio and visual alarms operable? ■ n n n Is the Pump station inspected as required? ® 0 n n o Are backflow devices in place? ® o Q Are backflow devices operable? ■ 0 0 n Are air relief valves in place? n n n ■ Are air relief valves operable? ❑ n ❑ ■ # Is an emergency generator available? ® o n n Can the emergency generator run the pumps? ■ n Cl 0 �^ I ! Is the pump station equipped for quick hook-up? n n ■ n Is the generator operable? ® Q n n #Is fuel in tank and sufficient? n n n Is the generator inspected according to their schedule? ■ ❑ ❑ Q Is a 24-hour notification sign posted? ■ n n n Does it include: Instructions for notification? ® n n n Pump station identifier? ■ n ❑ ❑ Emergency phone number ■ n n 0 Is public access limited? ® n n n Is pump station free of overflow piping? ® ❑ ❑ ❑ Is the pump station free of signs of overflow? ■ n Cl Cl Are run times comparable for multiple pumps? Yes Comment: The present pump station went into operation in about August of 2008 and replaced an earlier can type station which had been in service since the late 60s. This station serves part of the industrial park and at present receives very little flow. The station was nicely designed and built and is being well operated. ' Page: 7 Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director Division of Water Quality 4=!vAsheville Regional Office SURFACE WATER PROTECTION October 16, 2008 Robert Wiseman Town of Spruce Pine PO Box 189 Spruce Pine NC 28777 SUBJECT: Compliance Evaluation Inspection Spruce Pine WWTP Permit No: N00021423 . Mitchell County Dear Mr. Wiseman: Enclosed please find a copy of the Compliance Evaluation Inspection Report for from the inspection, which I conducted at the WWTP on September 10, 2008. The facility was found to be in Compliance with permit NC0021423. Please refer to the enclosed inspection report for additional observations and comments and please accept my apologies for the lateness of the report. If you or your staff has any questions, do not hesitate to contact me at 828-296-4500. Sincerely, Keith Haynes Environmental Senior Specialist Enclosure cc: Darrell Graham, ORC Central Files Asheville Files G:\WPDATA\DEMWQ\Mitchell\Spruce Pine WWTP 21423\CE1091008.doc one NoNhCarolina aturally 2090 U.S. Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. Washington,D.C.20460 OMB No.2040-0057 A Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15e 31 N00021423 Ill 121 08/09/10 117 18L C! 191 S1 20I I Remarks 211 11 11 111ll6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved--------------------- 67 1 169 701 I 71U 72!N J 73�74 751 I I I I I I 180 Section B: Facility Data --� Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:00 AM 08/09/10 06/11/01 Spruce Pine WWTP 909 Creed Pitman Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 11:00 AM 08/09/10 11/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Darrell Graham/// Darrell James Graham/ORC/828-765-3007/ Name,Address of Responsible OfficiallTitle/Phone and Fax Number Contacted Robert Wiseman,PO Box 189 Spruce Pine NC 28777//704-765-3000/ yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement ®Operations&Maintenance ®Facility Site Review Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Xn Jeff Menzel ARO WQ//828-296-4500/ /® + 0 Keith Haynes e ARO WQ//828-296-4500/ `0, 6,S-V GI Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards �j ARO WQ//828-296-4500/ a EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 NCO021423 I11 12 08/09/10 17 181"1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility appeared to be adequately maintained and properly operated. The solids build-up in the clarifier center wells should be routinely removed so as to not allow excessive amounts. Page# 2 Permit: NCO021423 Owner-Facility: Spruce Pine WWrP Inspection Date: 09/10/2008 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? mn n n Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge M ❑ nl n Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n n Is the facility as described in the permit? n n n #Are there any special conditions for the permit? Q 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? ® n Q n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual n r b.Mechanical Are the bars adequately screening debris? ® 000 Is the screen free of excessive debris? ® ❑ n Cl Is disposal of screening in compliance? ® Cl Q Cl Is the unit in good condition? ® n n n Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual n b.Mechanical Is the grit free of excessive organic matter? ® Cl n n Is the grit free of excessive odor? ® ❑ n n #Is disposal of grit in compliance? ® 0 n Comment: The "tea cup" is not currently in use as the Town has had a difficult in getting a replacement part. Oxidation Ditches Yes No NA NE Are the aerators operational? ® n n n Page# 3 Permit: NCO021423 Owner-Facility: Spruce Pine WWfP inspection Date: 09/10/2008 Inspection Type: Compliance Evaluation Oxidation Ditches Yes No NA NE Are the aerators free of excessive solids build up? M ❑ ❑ 0 #Is the foam the proper color for the treatment process? in ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? in ❑ ❑ ❑ Is the DO level acceptable? W ❑ ❑ ❑ Are setteeometer results acceptable(>30 minutes)? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/I) ❑ E ❑ ❑ Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) m ❑ ❑ ❑ Comment: DO runs at various levels depending on the time of year. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ ❑ ❑ ❑ Are cylinders protected from direct sunlight? ■ ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? ❑ ❑ ❑ Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ❑ Q N ❑ If yes,then is there a Risk Management Plan on site? ❑ ❑ ■ ❑ If yes,then what is the EPA twelve digit ID Number?(1 000- - ) 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)? ■ ❑ ❑ ❑ Is storage appropriate for cylinders? ■ ❑ ❑ ❑ #Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ■ ❑ Are tablet de-chlorinators operational? ❑ ❑ ■ ❑ Number of tubes in use? 0 Page# 4 Perrnit: NCO021423 owner-Facility: Spruce Pine WWTP Inspection®ate: 09/10/2008 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? M n n n Is the site free of excessive buildup of solids in center well of circular clarifier? Q 0 Q Are weirs level? C1 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? ® Q o n Is the return rate acceptable(low turbulence)? ■ n 0 n Is the overflow clear of excessive solids/pin floc? ® n n Cl Is the sludge blanket level acceptable?(Approximately%<of the sidewall depth) ■ fl ❑ ❑ Comment: There was some build-up of solids in the center will as well as a scum on the surface. The operator is not sure what is causing the scum. Page# 5 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director -t Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 16, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Lawrence Ponder, Mayor Town of Marshall PO Box 548 Marshall NC 28753 Subject: NOTICE OF VIOLATION NOV-2008-PC-0727 Pretreatment Compliance Inspection Marshall WWTP Permit No. NCO021733 Madison County Dear Mayor Ponder: Enclosed please find a copy of the Inspection Report from the inspection conducted on September 25, 2008. Keith Haynes of the Asheville Regional Office conducted the Pretreatment Compliance Inspection. The Town's Pretreatment Program was found to be in violation of Permit N00021733 and applicable pretreatment regulations for the following: Inspection Area Compliance Issue Pretreatment Updated IWS was due 12/31/06 Please refer to the enclosed Inspection Report for any additional observation and comments. To prevent further action, carefully review this deficiency and respond in writing to this office within fifteen(15) working day of receipt of this letter. Your response should address actions taken remedy the situation. If you have any questions, please do not hesitate to contact Keith Haynes at 828/296-4500. Sincerely, 41 ef Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: Michael J. Ladd, w/attachment PERCS Unit, w/attach. WQ Central Files w/attachment ARO w/attachment One G:\WPDATA\DEMWQ\Madison\21733 Marshall WWTP\preNOV2008-PC-0727.doc NorthCarolina AI&MIlY North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877/623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I 31 NCO021733 111 121 08/09/25 117 18I PI 191 cI 20I I L Remarks 211111 IIII IIII IIII II 111111111111111111111111111111 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---—-----—---------------Reserved---------------------- 67I 169 70I� 71 IU 721 N� 73�74 751 I I I I I I 180 Section B.- Facility Data s! 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 08/09/25 06/12/01 Marshall WWTP Blannahassett 1s Rd Exit Time/Date Permit Expiration Date Marshall NC 28753 11:30 AM 08/09/25 10/09/30 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 John A Dodson,PO Box 548 Marshall NC Contacted 28753/Mayor/828-649-3031/8286493413 No �,- Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessa (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers J/Date. Roger C Edwards 1 ARO WQ//828-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 NCO021733 I11 12I 08/09/25 17 1811l Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) See attached PCI form for details. It should be noted that this inspection was performed off site. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION(PCI) REPORT BACKGROUND INFORMATION [Complete Prior To PCI;Review Program Info Database Sheet(s)] I. Control Authority(POTW)Name: Town of Marshall 2. Control Authority Representative(s): Mike Ladd 3. Title(s): Contracted Pretreatment Coordinator 4. Last Inspection Date: 09/10/07 Inspection Type(Check One): ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®YES ❑NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES Z NO Order Type,Number,Parameters: Are Milestone Dates Being Met? ❑YES ❑NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type L N 1 I N I C 1 0 1 0 1 2 11 17 13 13 ( 109125 1081 L P ( Ls j 1 I (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 1 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 1 CIUS 9. Number of SIUS Not Inspected By POTW in,the Last Calendar Year? 0 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11.Enter the Higher Number of 9 or 10 0 NOIN 12.Number of SIUs With No IUP,or With an Expired IUP 0 NOCM 13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 Semi-Annual Periods(Total Number of SIUs in SNC) PSNC 14.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 _ MSNC _ 15.Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? —]YES ®NO If Yes,What are the Parameters and How are these Problems Being Addressed? 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial [:]YES ®NO Discharge(Interference,Pass-Through,Blockage,Citizens' Complaints,Increased Sludge Production,Etc.)? If Yes,How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: None either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: None Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: None 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes, Which FD YES ®NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ®YES ❑NO 24. Is LTMP/STMP Data Maintained in a Table or Equivalent? ®YES ❑NO Is Table Adequate? ®YES ❑NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ❑YES®NO ` 26. If NO to 23 -26,list violations Effluent data not included on DMR 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑YES ®NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1 PROGRAM ELEMENTS REVIEW-Please review POTW files,verify POTW has copy of Program Element in ✓ith supporting sypporting documents and copy of PERCS Approval Letter,and dates consistent with Program.Info: am Element Last Submittal Last Approval Date Next Due, Date In file? Date In file If Applicable .works Analysis(HWA) 04/I8/05 ®Yes❑ No 05/27/05 ❑Yes® No 03/01/10 :astrial Waste Survey(IWS) 01/30/02 ®Yes❑ No 03/07/02 ®Yes❑ No 12/31/06 Sewer Use Ordinance SUO 07/30/07 N Yes❑ No 08/21/07 ®Yes❑ No Enforcement Response Plan(ERP) 10/01/01 ® Yes ❑ No 10/08/01 ®Yes ❑ No Long Term Monitoring Plan(LIMP) 05/10/94 ®Yes❑ No 05/10/94 ®Yes❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND I IU INSPECTION) 9. User Name 1. Deringer Mfg. 0. IUP Number 0001 — � 1. Does File Contain Current Permit? ® Yes ❑ No El Yes El [:]Yes ❑ No 2. Permit Expiration Date 04/15/10 3. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 468&471 F--����� 4. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No to Permit Issue Date? I ii 5. Does File Contain an Inspection Completed Within Last Calendar Year? ®Yes ❑ No �[ [:1 Yes ❑ No ❑Yes ❑ No 6. a. Does the File Contain aSlug/Spill Control Plan? a. ❑ NoYes® a. ❑Yes❑No a. ❑Yes❑No b. If No, is One Needed?(See Inspection Form from POTW) b. ❑Yes NNo 11 b. ❑Yes❑No b. ❑Yes❑No 7. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑No®N/A 1[:=[]N/A 11 ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 8. a.Does File Contain Original Permit Review Letter from the Division? a. ❑Yes❑No a. []Yes❑No a. ❑Yes ❑No b.All Issues Resolved? I b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 9. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ F❑Yes ❑ No ❑Yes ❑ No *^;Sampling as Required by IUP,including flow? 0 ,:s File Contain POTW Sampling Chain-Of-CustodyForms? ®Yes El No ❑Yes ❑ No ❑Yes. ❑ No l 1. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A �IrsONoON/A Sampling as Required b IUP,includingflow? lb.During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/A ❑Yes❑No❑N/A pYes❑No❑N/A on time? 11 2a. For categorical IUs with Combined Wastestream Formula(CWF),does ®Yes❑No❑N/A ❑Yes❑No❑N/A F ❑Yes❑No❑N/A file includeprocess/dilution flows as Required by IUP? I !I 2b. For categorical IUs with Production based limits,does file include ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A production rates and/or flows as Required by IUP? 3a. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? NA 3b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑NoON/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A All Re ortin Non-Com liance from SIU Sampling? 4. a. Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.❑Yes❑No®N/A a.❑YespNo❑N/A a.❑Yes❑No❑N/A Monitoring Violations? b. Did Industry Resample and submit results to POTW Within 30 Days9 b.❑Yes❑No®N/A b.❑Yes❑NoON/A b.❑Yes❑No❑N/A c. If applicable,Did POTW resample within 30 days of becoming aware c.❑Yes❑No®N/A of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑YespNo❑N/A 6. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No 11 ❑Yes ❑ No ❑Yes ❑ No 7. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑YesONo®N/A ❑YespNo❑N/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 8. Does the File Contain Penalty Assessment Notices? pYes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 9. Does The File Contain Proof Of Penalty Collection? 0Yes0No®N/A ❑Yes❑No❑NIA ❑Yes❑No❑N/A� 0 does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No❑N/A Fa.❑Yes❑No❑N/A As SIU in Cornliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 1. Did the POTW Representative Have Difficulty in Obtaining Any of This 11 ❑Yes ® No ❑Yes ❑ No ❑Yes ❑ No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 FILE REVIEW COMMENTS: Files were generally found to be in good order. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MMIDDIYY Inspec.Type Inspector Fac.Type N1 1 I l l l 1 1 1 1 1 t I L s 1 1 l (DTIA) (TYPI) (INSP) (FACC) 1.Industry Inspected: 2.Industry Address: 3.Type of Industry/Product: 4. Industry Contact: Title: Phone: Fax: 5.Does the POTW Use the Division Model Inspection Form or Equivalent? ❑YES ❑NO 6.Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview ❑YES ❑NO B: Plant Tour ❑YES ❑NO C. Pretreatment Tour ❑YES ❑NO D. Sampling Review ❑YES ❑NO E. Exit Interview ❑YES ❑NO Industrial Inspection Comments: No inspection performed due to meeting Mr.Ladd off site. The industry was inspected last year with Mr. Ladd. OVERALL SUMMARY AND COMMENTS: Comments: The Industrial Waste Survey (IWS)update is currently being worked on. . Requirements: The updated IWS was due December 31 2006 This should be submitted to the PERCS Unit as quickly as possible,but no later than December 31 2008. It was noted during the PAR review that a narrative was not included. A narrative must be included for modified programs Please make sure that all STMP monitoring data is included on the POTW's monthly monitoring reports. Recommendations: NOD: ❑YES ❑NO NOV: ®YES ❑NO QNCR: ❑YES ®NO POTW Rating: Satisfactory Marginal X UnSatisfactory PCI COMPLETED BY: Keith Haynes DATE: September 25,2008 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director J Division of Water Quality .0 ..Asheville Regional Office SURFACE WATER PROTECTION October 17, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8367 Johnny Brown, Mayor Town of Andrews PO Box 1210 Andrews NC 28901 Subject: NOTICE OF VIOLATION Compliance Evaluation Inspection NOV-2008-PC-0724 Andrews WWTP Permit No. NCO020800 Cherokee County Dear Mayor Brown, Enclosed please find a copy of the Inspection Report from the inspection conducted 2008-09- 25. The Compliance Evaluation Inspection was conducted by Jeff Menzel of the Asheville Regional Office. This facility has not been conducting influent composite sampling as specified by the operating permit. The treatment facility was found to be in violation of Permit NCO020800 for the following: Inspection Area Compliance Issue Section D. Monitoring Samples collected and measurements taken shall be and Records characteristic of the volume and nature of the permitted discharge. There is no influent composite sampler at this facility it is required by the permit that composite sampling be done. Section C.2. Proper 24 hour Composite Influent Sampling has not been occurring Operation and at this facility, although the facility has been reporting on their Maintenance DMRs that the samples are composite. Please refer to the enclosed Inspection Report for any additional observation and comments. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working day of receipt of this letter. You should Noe Carolina �turally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Customer Service Internet: www.ncwatergualitv.org FAX (828)299-7043 1-877/623-6748 G:\WPDATA\DEMWQ\Cherokee\20800 Andrews WWTP address the causes of noncompliance and all actions taken to prevent the recurrence\oe, situations. If you should have any questions, please do not hesitate to contact Jeff Menze-,� 828/296-4500. Sincerely, Y re" Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment Cc:, WQ Asheville Files, w/ attachment WQ Central Files, w/ attachment WQ Enforcement Files, w/ attachment Earth Environmental/Michael Ladd, w/ attachment United States Environmental Protection Agency Form Approved. PAWashington,D.C.20460 I— OMB No.2040-0057 - Water Compliance Inspection Report Approval expires 8 31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00020800 111 121 08/09/25 117 181 CI 19I G1 20I I Remarks s! 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved---------------------- 67) 169 70 LI 71 I I 72 U 73 L__U 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) 10:00 AM 08/09/25 07/10/01 Andrews WWTP Reagan Ave Exit Time/Date Permit Expiration Date Andrews NC 26901 - 12:00 PM 08/09/25 12/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael J. Ladd/ORC/828-479-6428/ Name,Address of Responsible Official Title/Phone and Fax Number Contacted Michael Ladd,PO Box 1210 Andrews NC 28901/ORC/828-321-3006/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement ®Operations&Maintenance ®Records/Reports Self Monitoring Program ■Sludge Handling Disposal ®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 Jeff e zel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer f�q Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. f.� i Page# 1 NPDES yr/molday Inspection Type (cont. 3� 11 12 17 18 NG0020800- � � _0.8/09/25-Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) During the inspection it was observed that there is no influent composite sampler. The permit requires daily influent composite sampling:When questioned about this the operator stated that they derive the influent sampling by grab. When reviewing this facility's DMRs the influent sampling is listed as being a composite. This facility is required to conduct composite sampling of both the influent and effluent to provide proper documentation of the plants treatment capabilities. Please familiarize yourself with Section B.11 Signatory Requirements as required by your NPDES permit. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." This facility is found to be in violation for not operating according to the NPDES permit. Page# 2 Permit: NC0020800 Owner-Facility: Andrews WIMP ,pection Date: 09/25/2008 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids,pH, DO,Sludge ■ ❑ Q Q Judge,and other that are applicable? Comment: The house keeping at this facility was in good order. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 ❑ ❑ ❑ Is the facility as described in the permit? ■ ❑I ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ■ 110 ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ■ Q Q Q Comment: The operator Rick Day stated that a new flow meter had been installed within the last year, there was no calibration date on the flow meter, there was no record of the flow meter installation within the operators log book. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ■ Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ Q ❑ Q Is disposal of screening in compliance? ■ Q Q Q Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ Q Q Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑ Page# 3 Permit: NCO020800 Owner-Facility: Andrews WWTP Inspection Date: 09/25/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Are weirs level? Q m 0 Q Is the site free of weir blockage? ® 11 n D Is the site free of evidence of short-circuiting? M 0 [i 0 Is scum removal adequate? ® Cl 11 11 Is the site free of excessive floating sludge? ® 0 Q Q Is the drive unit operational? ® n Q D Is the return rate acceptable(low turbulence)? ® ❑ 0 n Is the overflow clear of excessive solids/pin floc? n M 0 Cl Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) n Q n Comment: The weirs on the older clarifier are not level. There was excessive bubbling from both clarifiers; some pinfloc appeared to be present. Trickling Filter Yes No NA NE Is the filter free of ponding? ! ❑ 0 Is the filter free of leaks at the center column of filter's distribution arms? ® Q Q n Is the distribution of flow even from the distribution arms? ® 0 Q / Is the filter free of uneven or discolored growth? ■ Q 0 Cl Is the filter free of sloughing of excessive growth? ® ❑ 0 Q Are the filter's distribution arms orifices free of clogging? Q Q Is the filter free of excessive filter flies,worms or snails? Comment: Only one of the two units was functioning properly at the time of inspection. According to the operator the unit has been down for approximately 3 or 4 weeks and they are currently in the process of repairing the unit. The operator stated that the plant operated fine on only one trickling filter, Disinfection-Gas Yes No NA NE Are cylinders secured adequately? e ❑ 0 ❑ Are cylinders protected from direct sunlight? 0 M 11 Q Is there adequate reserve supply of disinfectant? ■ Q Q Q Is the level of chlorine residual acceptable? Q ❑ n M Is the contact chamber free of growth,or sludge buildup? Q M 0 D Is there chlorine residual prior to de-chlorination? ❑ 0 ❑ M Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? Q 0 M ❑ Page# 4 Permit: NCO020800 Owner-Facility: Andrews WVVrP ipection Date: 09/25/2008 Inspection Type: Compliance Evaluation Disinfection-Gas Yes No NA NE If yes,then is there a Risk Management Plan on site? ❑ ❑ ❑ ❑ If yes,then what is the EPA twelve digit ID Number?(1000- - ) If yes,then when was the RMP last updated? Comment: The cylinders are in direct sunlight; there was algae growth in the contact chamber. De-chlorination Yes No NA NE Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ® ,❑ ❑ Is storage appropriate for cylinders? ® Cl ❑ ❑ #Is de-chlorination substance stored away from chlorine containers? ® ❑ ❑ ❑ Are the tablets the proper size and type? ❑ ❑ ® ❑ Comment: The cylinders are stored outside. The feed rate was not proportional to the clorine amount. Are tablet de-chlorinators operational? ❑ ❑ 0 El Number of tubes in use? Comment: . Influent Sampling Yes No NA NE #Is composite sampling flow proportional? ❑ ■ ❑ ❑ Is sample collected above side streams? ❑ ® ❑ ❑ Is proper volume collected? ❑ ■ ❑ ❑ Is the tubing clean? 0000 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ❑ ■ ❑ ❑ Is sampling performed according to the permit? ❑ ® ❑ ❑ Comment: There is no influent sampler at this facility. This facility has been conducting influent grab samples and reporting them on the DMRs as composite samples. The permit requires daily composite sampling of BOD and TSS for both the influent and effluent. This facility is required to either get prior approval from DWQ to conduct influent grab samples or to conduct routine composite sampling as specified by the permit. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0000 Is sample collected below all treatment units? ❑ ❑ ❑ Page# 5 Permit: NCO020800 Owner-Facility: Andrews WWTP -Inspection-Date: .09125/2008 __ _ Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is proper volume collected? ❑ ❑ Is the tubing clean? ■ 0 0 0 #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)? ■ 0 0 Q Comment: This facility has recently installed new components to its effluent sampler. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ® ❑ El 11 Is all required information readily available,complete and current? ■ ❑ Q Are all records maintained for 3 years(lab. reg. required 5 years)? ■ Are analytical results consistent with data reported on DMRs? 0 ■ 0 Is the chain-of-custody complete? ® ❑ ❑ 0 Dates,times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses ■ Transported COCs Are DMRs complete:do they include all permit parameters? ■ 0 ❑ Q Has the facility submitted its annual compliance report to users and DWQ? n 0 0 ■ (if the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? Cl 0 ■ Q Is the ORC visitation log available and current? ■ ❑ ❑ 0 Is the ORC certified at grade equal to or higher than the facility classification? ■ Q Is the backup operator certified at one grade less or greater than the facility classification? ■ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ D ■ Comment: The analytical re suits are not consistent with data reported on the DMRs. This facility is conducting analysis on influent grab samples and reporting them on the DMRs as composite samples. This is a violation of the NPDES permit. This facility must conduct composite influent and effluent samples to be considered compliant. Page# 6 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION October 17, 2008 Anna A Payne Town of Murphy PO Box 130 Murphy NC 28906 SUBJECT: Compliance Evaluation Inspection Murphy WWTP Permit No: NCO020940 Cherokee County Dear Ms. Anna Payne: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on September 26, 2008. The Compliance Evaluation Inspection was conducted by Jeff Menzel of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0020940. 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, 1ha Jeff Menzel Environmental Specialist Enclosure cc: Matthew Scott Helton, ORC Central Files Asheville Files One N hCarolina Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Cherokee\20940 Murphy WWTP United States Environmental Protection Agency Form Approved. C {_� P n Washington,D.C.20460 OMB No.2040-0057 C Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I ul 2 I5I 31 NCO020940 I11 121 08/09/26 117 18ICI 19IS1 201 IJ L_ 1 Remarks 2111111111111111111111 11111111111111111111 llll ll_16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA -------------—------------Reserved---------------------- 67I 169 701 31 71 U 721 NI 73I I W 174 711 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) 10:30 AM 08/09/26 07/10/01 Murphy WWTP Payne St Exit Time/Date Permit Expiration Date Murphy NC 28906 12:00 PM OB/09/26 12/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Matthew Scott Helton/ORC/828-837-2510/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted -- Anna A Payne,PO Box 130 Murphy NC 28906//828-837-2510/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance ®Records/Reports 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 In pector(s Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date r f Z EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. i Page# 1 NPDES yr/mo/day Inspection Type 3I NC0020940 I11 12I 08/09/26 I17 18'_I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) No violation of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO020940 Owner-Facility: Murphy WWTP ,nspection Date: 09/26/2008 Inspection Type: Compliance Evaluation Flow Measurement-Effluent Yes No NA NE. #Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ n ❑ ❑ Is the flow meter operational? ■ n ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ■ ❑ ❑ ❑ Comment: The flow meter was calibrated on May 20th, 2008. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ■ ❑ ❑ ❑ Comment: Due to low water in the Hiawassee river the effluent pipe was exposed. I walked down to the receiving waters, which look to be in good condition. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids, pH, DO,Sludge ❑ ❑ n ■ Judge, and other that are applicable? Comment: The housekeeping was in good order at this facility. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ n Is the facility as described in the permit? ■ n ❑ n #Are there any special conditions for the permit? ❑ ■ In n Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ n ❑ Comment: There are no special conditions for the permit. Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical ■ Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Page# 3 Permit: NCO020940 Owner-Facility: Murphy WwT'P Inspection Date: 09/26/2008 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Comment: De-chlorination Yes No NA NE Type of system? Gas Is the feed ratio proportional to chlorine amount(1 to 1)? ■ I] n n Is storage appropriate for cylinders? ® ❑ n n #Is de-chlorination substance stored away from chlorine containers? ■ n n ❑ Comment: Are the tablets the proper size and type? n n ■ n Are tablet de-chlorinators operational? n ❑ ■ El Number of tubes in use? Comment: Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ ❑ 0 Are cylinders protected from direct sunlight? Q ■ n n Is there adequate reserve supply of disinfectant? ■ nnn Is the level of chlorine residual acceptable? Q 0 ❑ ■ Is the contact chamber free of growth,or sludge buildup? ■ n n Q Is there chlorine residual prior to de-chlorination? n n n ■ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ❑ ❑ n ■ If yes,then is there a Risk Management Plan on site? n n n n If yes,then what is the EPA twelve digit ID Number?(1000- -_) If yes,then when was the RMP last updated? Comment: The cylinders were in direct sunlight durning the time of the inspection. Sequencing Batch Reactors Yes No NA NE Type of operation: Is the reactor effluent free of solids? ■ n n n Does minimum fill time correspond to the peak hour flow rate of the facility? ■ n n n Is aeration and mixing cycled on and off during fill? ■ ❑ ❑ The operator understands and can explain the process? ■ n n Comment: Page# 4 Permit: NCO020940 Owner-Facility: Murphy WVVrP ,nspection®ate: 09/26/2008 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ ❑ ❑ ❑ Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ ■ Is the tubing clean? ■ ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑ Comment: Influent Sampling Yes No NA NE #Is composite sampling flow proportional? ■ ❑ ❑ ❑ Is sample collected above side streams? ■ ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ ■ Is the tubing clean? ■ ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑ Is sampling performed according to the permit? ■ ❑ ❑ ❑ Comment: Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ ❑ ❑ ❑ Are pumps operational? ■ ❑ ❑ ❑ Are there adequate spare parts and supplies on site? ■ ❑ ❑ ❑ Comment: Page# 5 t F Michael F.Easley,Governor QG William G.Ross Jr.,Secretary r_ North Carolina Department of Environment and Natural Resources �i Q Coleen H.Sullins,Director Division of Water Quality October 20, 2008 DWQ Project# 08-1450 Jackson County John Cassidy 205 Stonebridge Way Cullowhee,NC 28723 Subject Property: Cassidy Property Thorpe Lake(Lake Glenville) Approval of 401 Water Quality Certification Dear Mr. Cassidy: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 1410 square feet of open waters below normal pool lake level, and 1080 square feet above normal pool lake level for the purpose of constructing a rip rap bulkhead to stabilize 235 linear feet of shoreline at the subject property, as described within your application dated September 12, 2008 and received by the N.C. Division of Water Quality (DWQ)on September 22,2008. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s)3693 (GC3693). The Certification(s)allows you to use General Permit Number 30 when issued by the US Army Corps of Engineers (USACE). 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,Non-discharge, and Stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404. This approval 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 Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream,compensatory mitigation may be required as described in 15A NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 1410 (sq.ft.) 235 feet shoreline below normal lake level Waters 1080 (sq.ft.) 180 feet shoreline above NonhCarolina normal lake level Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Jackson\401 s\08-1450CassidyAPPR0VAL.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper October 20,2 r,, Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The 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 404. 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, /414 Coleen H. Sullins,Director Enclosures: GC 3693 Certificate of Completion cc: 401/Wetlands Unit USACE Asheville Regulatory Field Office DWQ Asheville Regional Office Jackson County Planning Central Files Michael F.Easley,Governor QG William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources A�, ) .f C Coleen H.Sullins,Director Division of Water Quality October 21, 2008 Henderson County DWQ Project 20081327 TIP No. R-4430 NCSR 1783 (Upward Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Greg Thorpe, PhD., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh,North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts to Bat Fork Creek, three(3)unnamed tributaries to Bat Fork Creek, an unnamed tributary to Dunn Creek,two (2)unnamed tributaries to King Creek and 0.10 acre of wetlands, for the purpose of widening and constructing a multi-lane roadway on NCSR 1783 (Upward Road) in Henderson County: Table 1-Stream Im acts in the French Broad River Basin for R-4430 Site Utility Line Permanent Tempora Permanent Temporary Bank Total Stream Construction Fill in ry Fill in Fill in Fill in Stabilization Stream Impacts (10 Intermitte Intermitt Perennial Perennial (10 Impact Requiring nt Stream ent Stream(10 Stream(if) (if) Mitigation (11) Stream (10 (1 Site 1 0 0 0 126 20 36 182 0 Site 2 0 0 0 _ 117 16 0 133 0 Site 3 0 0 0 114 10 0 124 0 Site 4 0 0 0 110 76 25 211 0 Site 5 24 0 0 41 0 0 65 0 Site 6 0 78 12 0 0 9 99 0 Site 9 0 150 1 1 0 0 10 181 0 Total 24 228 1 33 508 122 80 995 0 Total Permanent Stream Impact for Project: 891 linear feet. Total Bank Stabilization for Project: 80 linear feet. Total Temporary Impacts from Utility Line Construction: 24 linear feet. Table 2-Wetland Impacts in the French Broad River Basin for R-4430 Scrub-Shrub Site Fill Fill Excavation Mechanized Hand Area under Total (ac) (temporary) (ac) Clearing Clearing Bridge Wetland (ac) ac ac (ac) Impact(ac) Site 7 0.06 0 0.01 0 0 0 0.07 Site 8 0.03 0 0 0 0 0 0.03 Total 0.09 0 0.01 0 0 0 0.10 Total Wetland Impact for Project: 0.10 acres. No`hCarolina 'atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Dr. Greg Thorpe,PhD. October 21, 2008 Page Two The project should be constructed in accordance with your application dated August 22, 2008 (received August 28, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3689, 3699 and 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13, 12 and 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. Stormwater Best Management Practices (BMP's) shall be constructed as shown on the design plans in your application dated August 22, 2008 (received August 28, 2008). 2. NCDOT shall implement Design Standards in Sensitive Watersheds [15A NCAC 413.0124 (a)-(e)] for the portions of the construction corridor draining to Bat Fork Creek. 3. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 4. Sediment and erosion control measures must be installed and maintained on the project site until all disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas. 5. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet, or other similar annual grain) or permanent herbaceous cover should be planted on all bare soil within 15 days of ground disturbing activities to provide long-term erosion control. Erosion control matting should be used in conjunction with appropriate seeding on disturbed soil in steep slope and riparian areas. Steep slopes are defined as those slopes graded at an angle which cannot retain vegetative cover. Matting shall be shall be secured in place with staples or whenever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in the riparian areas. 6. Bridge deck drains should not discharge directly into the streams. Stormwater,shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. Stormwater shall be managed in accordance with your State Stormwater Permit issued by the Division of Water Quality. 7. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 8. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species.9. Strict adherence to the most recent version of NCDOT s Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. ,,pe, PhD. . 2008 .tree 10. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-1, WS-11), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices. Mowing of existing vegetated buffer areas is strongly discouraged. 11. If multiple pipes or barrels are required,that shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 12. Stream realignment shall be performed in accordance with the plans submitted with the 401 Certification application. 13. The dimension, pattern and profile of the stream, above and below the new culvert and old bridge, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 14. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 15. The. use. of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 16. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 17. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 18. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials. . The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 21. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 22. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 23. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 24. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 25. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 26. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 27. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 28. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. Dr. Greg Thorpe,PhD. October 21, 2008 Page Four 29. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed"Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250,Raleigh,North Carolina 27604.` Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. Sincerely, b �-L L - �v Coleen H. Sullins, Director Division of Water Quality cc: David Baker,USACE,Asheville Field Office J. B. Setzer,P.E.,Division 14 Engineer Mark Davis, Division 14,DEO Ed Ingle,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 081327(Thorpe)TIP R-4430 NCSR 1783(Upward Road) I FR Michael F.Easley,Governor pG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources `I OA I `C Coleen H.Sullins,Director Division of Water Quality October 21, 2008 DWQ Project# 08-1406 Macon County George Postell 1854 Red Marble Road Andrews,NC 28901 Subject Property: George Postell Lot 3133 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Postell: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 0.02 acres of waters and 0.00 feet of streams for the purpose of shoreline stabilization at the subject property,,as described within your undated application and received by the N.C. Division of Water Quality(DWQ) on September 15, 2008. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use Nationwide Permit(s) 30 when issued by the US Army Corps of Engineers(USACE). 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,Non-discharge, and stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval 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 Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.02 (acres) Plat drawing ` NorthCarolina Vaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper de, Pa, October 2I`, Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The 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 404 or CAMA Permit. 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Chuck Cranford in the DWQ Asheville Regional Office at 828.296.4500. Sincerely, t Coleen H. Sullins, Director CHSIcbc Enclosures: GC 3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401/Wetlands Unit DWQ Asheville Regional Office Lisa Leatherman-Duke Energy 271 NP&L Loop Road Franklin,NC 28734 Central Files --- Filename: G:\WPDATA\DEMWQ\Macon\s40ls\Postelle\401 GC APPROVAL_10-17-08.doc �E9 Michael F.Easley,Governor QG William G.Ross Jr.,Secretary [ North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality October 21, 2008 DWQ Project# 08-1387 Graham County Scott Haas US Forestry Service 1070 Massey Branch Road Robbinsville,NC 28771 Subject Property: Cheoah Point ADA Walkway Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Haas: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 0.0017 acres of wetlands and 0.00 feet of streams for the purpose of installing an elevated walkway at the subject property, as described within your application dated September 8, 2008 and received by the N.C. Division of Water Quality(DWQ)on September 10,2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use Nationwide Permit(s) 30 when issued by the US Army Corps of Engineers(USACE). 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,Non-discharge, and stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval 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 Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.0017 (acres) PCN page 8 NorthCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Pam October 2t Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The 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 404 or CAMA Permit. 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Chuck Cranford in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, d /r$l Coleen H. Sullins, Director CHSlcbc Enclosures: GC 3693. Certificate of Completion cc: Tom Covington—NCWRC 136 Aztec Circle Mooresville,NC 28117s USACE Asheville Regulatory Field Office File Copy Central Files Filename; G:\WPDATA\DEMWQ\Graham\401s\08-1387.USFS.CheoahPtWalkway.Approval.doc �9 Michael F.Easley,Governor Q� William G.Ross Jr.,Secretary / r North Carolina Department of Environment and Natural Resources j 1 p Coleen H.Sullins,Director Division of Water Quality October 21, 2008 DWQ Project#08-1388 Graham County Darrell Cuthberson Tennessee Valley Authority 260 Interchange Park Drive LCB IA-LCT Lenoir City,TN 37771 Subject Property: Lewellyn Branch Public Boating Access Area Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Cuthberson: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 0.009 acres of open waters and 0.00 feet of streams for the purpose of constructing a boating access area with fishing pier at the subject property, as described within your application dated September 3, 2008 and received by the N.C. Division of Water Quality(DWQ)on September 10,2008. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s)3693 (GC3693). The Certification(s)allows you to use Nationwide Permit(s)30 when issued by the US Army Corps of Engineers(USACE). 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,Non-discharge, and trout moratorium regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval 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 Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream,compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.009 (acres) PCN page 8 o thCarolina NNaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Darre, h, October 2,. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The 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 404 or CAMA Permit. 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Chuck Cranford in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, ;U (f q Coleen H. Sullins, Director CHSlcbc Enclosures: GC 3693 Certificate of Completion cc: Tom Covington—NCWRC 136 Aztec Circle Mooresville,NC 28117 USACE Asheville Regulatory Field Office 401/Wetlands Unit File Copy Central Files Filename: G:\WPDATA\DEMWQ\Graham\401s\08-1388.TVA.LewellynBranchBoatingAccess.Approval.doc A 11 Michael F.Easley,Governor QL William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources p Coleen H.Sullins,Director Division of Water Quality October 21, 2008 Ric Ledford, CFM City of Asheville Department of Transportation and Engineering Post Office Box 7148 Asheville, NC 28802 Subject: Stream Determination 77 Camp Allis Road PIN Number: 965905290649 Buncombe County Dear Mr. Ledford: The Division of Water Quality has performed a surface water determination on the property identified as PIN number 965905290649 located along Camp Allis Road in Chunns Cove. The City of Asheville's Geographic Information System indicates 2 water features located within this property. The following is provided for your information: • The feature which traverses the property from south to north (downstream to upstream) is intermittent in nature and is a jurisdictional water under the State's rules. • The feature which branches off the main channel to the right (as viewed from down stream) is ephemeral in nature and is not a jurisdictional water under the State's purview. I hope this helps in your determinations on the subject property. Should you have any questions in this matter, please do not hesitate to contact Kevin Barnett at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality cc: Scott Bartholomew, Bill Ashe, Architect PA 633 Upper Herron Cove Rd. Asheville, NC 28804 James R Ross &Sharon Schwartz 4456 Frontier Trail Austin, Texas 78745 -- NorthCarolina rNa&rally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Buncombe\401 s\77CampAllisRoad.Stream Call.Asheville.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Michael F.Easley,Governor (Q William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director A�G --I Division of Water Quality -—- -- -- Asheville Regional Office SURFACE WATER PROTECTION October 22, 2008 Mr. Tony Konsul, Regional Manager Utilities, Inc. Post Office Box 240908 Charlotte, North Carolina 28224 Subject: Carolina Water Service Fairfield Sapphire Compliance Evaluation Inspection Permit No. WQCS00227 Wastewater Collection System Jackson County Dear Mr. Konsul: Attached is the report resulting from the Collection System Permit Compliance Evaluation Inspection that I conducted on October 17, 2008. Edwin McFalls is doing a good job of maintaining and operating the Fairfield Sapphire collection system. Following are observations resulting from my inspection and needed corrective action: (1) The collection system map needs to be modified to include recently constructed sewers and all pump station capacities. Before you invest money in modifying paper maps you might consider whether or not this is the time to go to GIS mapping. (2) Our computer records do not indicate that Utilities, Inc. has designated a Collection System ORC or a Back Up CSORC at Fairfield Sapphire. Please submit the attached Designation Form to the address indicated. (3) As I understand the process, Utilities, Inc. approaches collection system Capital Expenditures by asking managers to submit request for money for capital projects. Some are approved, some are not. In addition to not meeting collection system permit requirements relating to the preparation of a CIP, such an approach to managing capital expenditures lack the sophistication befitting a company owning collection systems having an enormous total dollar value and spending a great deal each year to maintain those systems. Collection system permits require the presence of Collection System CIPs spanning a three to five year period and including a description of the system, description of the service area, discussion of known deficiencies, and forecasted future needs. Beyond being required by the permit, I believe all the required information would be helpful 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 N-forthCarolina to Utilities, Inc. managers being called upon to make capital expenditure decision:., collection system owned by Utilities, Inc. and holding an individual collection systerri\,', is required by that permit to have a collection system CIP meeting the above description., _lnahe_past_I__have_seen a list of approved-water-and sewer capital projects for Utilities, Inc. A one page cover sheet, meeting the above requirements and specific for each of your collection systems holding an individual collection system permit, could be attached to a list of capital projects for systems in your region. Please send me a copy of that one page cover sheet specific to the Fairfield Sapphire collection system and the approved capital projects list for your region. I appreciate the fine job Edwin is doing. Anytime you need to discuss items relating to a collection system you are responsible for, please do not hesitate to call me at 828-296-4659. Sincerely, Roy M. Davis Environmental Engineer cc: Edwin McFalls, CSORC Steve Reid, DWQ (Without Attachment) PERCS Files Surface Water Protection Central files G:\WPDATA\DEMWQ\Jackson\Fairfield Sapphire Collection System\Inspection Cover Letter2.08.doc Compliance Inspection Report rermit: WQCS00227 Effective: 12/30/05 Expiration: 11/30/10 Owner: Carolina Water Service Inc Of NC SOC: Effective: Expiration: Facility: Fairfield Sapphire(form.Jackson Utility) Collection Syystem County: Jackson PO Box 240J08 Region: Asheville Charlotte NC 282240908 Contact Person: Carl Daniel Title: Vice President Phone:800-525-7990 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NCO022985 Carolina Water Service Inc Of NC-Fairfield Sapphire Valley WWTP Inspection Date: 10/17/2008 Entry Time: 09:30 AM Exit Time: 12:30 PM Primary Inspector: Roy M Davis Phone:828-296-4500 Ext.4659 Secondary Inspectors): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■Compliant El Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation&Maint Reqmts Records ■Monitoring&Rpting ■Inspections Pump Station ®Manhole Regmts Lines (See attachment summary) Page: 1 Permit:WQCS00227 Owner-Facility: Carolina Water Service Inc Of NC Inspection Date: 10/17/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: Our computer files do not indicate that Utilities, Inc. has designated a CSORC or a Backup CSORC. Utilities, Inc. has not developed a collection system CIP meeting permit requirements. Paper collection system map needs to be modified to include recent sewer projects. Page: 2 Permit:WQCS00227 Owner-Facility: Carolina Water Service Inc Of NC Inspection Date: 10/17/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ■ ❑ ❑ ❑ What educational tools are used? Is Sewer Use Ordinance/Legal Authority available? ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ❑ ❑ ■ ❑ Is Grease Trap Ordinance available? ❑ ❑ ■ ❑ Is Septic Tank Ordinance available(as applicable, i.e. annexation) ❑ ❑ ■ ❑ List enforcement actions by permittee, if any,in the last 12 months None. CWS has the ability to cut a customers water off if serious sewer issues arise. Has an acceptable Capital Improvement Plan(CIP)been implemented? ❑ ■ ❑ ❑ Does CIP address short term needs and longterm\"master plant/concepts? ❑ ■ ❑ In Does CIP cover three to five year period? ❑ ■ ❑ ❑ Does CIP include Goal Statement? ❑ ■ ❑ ❑ Does CIP include description of project area? ❑ ■ ❑ ❑ Does CIP include description of existing facilities? n- ■ 0 ❑ Does CIP include known deficiencies? ❑ ■ ❑ ❑ Does CIP include forecasted future needs? ❑ ■ ❑ ❑ Is CIP designated only for wastewater collection and treatment? ❑ ■ ❑ Cl Approximate capital improvement budget for collection system? $167,000.00 Total annual revenue for wastewater collection and treatment? CIP Comments CWS does not have a collection system CIP meeting permit requirements. Is system free of known points of bypass? ■ ❑ ❑ ❑ If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ ❑ ❑ ❑ #Does the sign include: Instructions for notification? ■ ❑ ❑ ❑ Pump station identifier? ■ Cl ❑ ❑ 24-hour contact numbers ■ ❑ ❑ ❑ If no, list deficient pump stations None Page: 3 Permit:WQCS00227 Owner-Facility:Carolina Water Service Inc Of NC Inspection Date: 10/17/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine \\ #Do ALL pump stations have an"auto polling"feature/SCADA? 0 ■ n Number of pump stations 43 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 43 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? fl ® ❑ #If yes,date implemented? Describe: CWS does not practice chemical root control. Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ ❑ n Are records available that document pump station inspections? ■ ❑ 0 13 Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ Q - Are non-SCADA/telemetry equipped pump stations inspected every day? ❑ ❑ M ❑ , Are records available that document citizen complaints? ■ 0 0 #Do you have a system to conduct an annual observation of entire system? ■ 0 n 0 #Has there been an observation of remote areas in the last year? ■ El ❑ Are records available that document inspections of high-priority lines? ■ ❑ n Has there been visual inspections of high-priority lines in last six months? ■ ❑ n Comment: Operation &Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ n Does supervisor review all log books on a regular basis? ■ 0 Does the supervisor have plans to address documented short-term problem areas? ❑ ❑ ■ What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas? As necessary Are maintenance records for equipment available? ■ 0 ❑ Q Is a schedule maintained for testing emergency/standby equipment? ■ ❑ fl n What is the schedule for testing emergency/standby equipment? Generators,weekly, manual start. Page: 4 Permit:WQCS00227 Owner-Facility: Carolina Water Service Inc Of NC Inspection Date: 10/17/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside cleaning and debris removal? n ■ n n Inspecting and exercising all valves? n ■ n n Inspecting and lubricating pumps and other equipment? n n ■ n Inspecting alarms,telemetry and auxiliary equipment? n ■ n Is there at least one spare pump for each pump station w/o pump reliability? n ❑ ■ Cl Are maintenance records for right-of-ways available? n n n Are right-of-ways currently accessible in the event of an emergency? ® n n n Are system cleaning records available? ® ❑ n n Has at least 10%of system been cleaned annually? n ® o n What areas are scheduled for cleaning in the next 12 months? River Run(flat pipe). Is a Spill Response Action Plan available? ® ® n n Does the plan include: 24-hour contact numbers ■ n n n Response time ■ n n n Equipment list and spare parts inventory ■ n n n Access to cleaning equipment ■ n n n Access to construction crews, contractors, and/or engineers ■ n n Cl Source of emergency funds n n n ■ Site sanitation and cleanup materials ® n n Post-overflow/spill assessment ■ ❑ n n Is a Spill Response Action Plan available for all personnel? ® n n n Is the spare parts inventory adequate? ■ n n n Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ■ n n n Are records of SSOs that are under the reportable threshold available? n n ■ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n ■ n If yes, is there a corrective action plan? n n ■ n Is a map of the system available? ■ n n Page: 5 Permit:WQCS00227 owner-Facility: Carolina Water Service Inc Of NC Inspection Date: 10/17/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: ■ ❑ ❑ ❑ Pipe sizes Pipe materials ® n ❑ n ■ nnn Pipe location ■ ❑ nn Flow direction Approximate pipe age ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Number of service taps 0 M 0 0 Pump stations and capacity 80 If no,what percent is complete? List any modifications and extensions that need to be added to the map Recent additions to collection system and pump station capacities. #Does the permittee have a copy of their permit? ■ ❑ ❑ ❑ Comment: Yes No NA NE Monitoring and Reporting Requirements Are copies of required press releases and distribution lists available? ❑ ❑ ❑ ■ Are public notices and proof of publication available? #Is an annual report being prepared in accordance with G.S. 143-215.1 C? #Is permittee compliant with all compliance schedules in the permits? If no,which one(s)? Collection system CIP revisions. Comment: Page: 6 Michael F. Easley, Governor �OF W ATFQ William G. Ross Jr.,Secretary ,O 6 North Carolina Department of Environment and Natural Resources co r- Coleen H.Sullins, Director p Division of Water Quality Asheville Regional Office October 24, 2008 Mr. Mack Edmisten, Director of Public Utilities City of Lenoir Post Office Box 958 Lenoir, North Carolina 28645 Subject: Permit No. WQ0033527 City of Lenoir Maplewood, Phase Il. Wastewater Collection System ExtenF Caldwell County Dear Mr. Edmisten: In accordance with your application received on September 3, 2008 we are forward' Permit No. WQ0033527, dated October 24, 2008, to the City of Lenoir for the construction operation of the subject wastewater collection system extension. This permit shall be of date of issuance until rescinded and shall be subject to the conditions and limitations a therein. This cover letter shall be considered a part of this permit and is incorporates' reference- Please send Roy Davis a copy of the "notice to proceed" issued to your collection system extension. e�. Please pay particular attention to Permit Condition 3 which requirr collection facilities be properly operated and maintained in accordance with 15 individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of am not meet 15A NCAC 2T .0200; the Division of Water Quality's (Divi Design Criteria adopted February 12, 1996 as applicable; and the Div for the Fast-Track Permitting of Pump Stations and Force Mains ado unless specifically mentioned herein. Division approval is based provided by the North Carolina-licensed Professional Engineer nar Permittee's responsibility to ensure that the as-constructed projec' and rules. Failure to comply may result in penalties in accordar §143-215.6A through §143-215.6C, construction of addition facilities, and/or referral of the North Carolina-licensed Profes Q-/ o� Asheville Regional Office Internet 2090 US Highway 70,Swannanoa,NC 28778 Telephone , DENR Customer Service Center Telephone 1 800 62� An Equal Opportunity Action Employer 50%recycled/10%post-con:. City of Lenoir October 24, 2008 Page 2' In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations,permission is hereby granted to the City of Lenoir to construct and operate approximately 1,689 linear feet of 8-inch diameter gravity sewer to serve Maplewood, Phase II, a residential subdivision, and the discharge of 10,800 gallons per day of additional wastewater into the City of Lenoir's existing sewerage system, pursuant to the application received on September 3, 2008 and in conformity with 15A NCAC 2T .0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Lenoir's Lower Creek Wastewater Treatment Facility (Permit No. NC0023981) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality Caldwell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0023736) G. Cecil Clark, PE PERCS Files Surface Water Protection Section Central Files \TA\DEMWQ\Caldwell\Lenoir Collection System\W00033527 Lenoir- Maplewood Phase Il.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CITY OF LENOIR MAPLEWOOD, PHASE II CALDWELL COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT W00033527 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump_Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. - 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No WQ0033527 City of Lenoirh Maplewood Phase 110 Caldwell County, October 24. 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the .creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 A WQ0033527 City of Lenoir; Maplewood Phase II; Caldwell County. October 24 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part l of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 24`h day of October,2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Lit for of n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033527 3 Permit No W00033527 City of Lenoir: Maplewood Phase II Caldwell County October 24 2008 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 1,689 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: ® One copy of the project record drawings(plan & profile views of sewer lines) of the wastewater collection system extension ® supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project ® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such.that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature,and date: _......................................................._.....................................: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ........................................................................................... ..........: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. �F WA 9 Michael F. Easley,Governor �O� PG William G. Ross Jr:,Secretary � y North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director O Division of Water Quality' Asheville Regional Office October 24, 2008 Mr. Herbert Cheeks Clay County Water and Sewer District Post Office Box 118 Hayesville, North Carolina 28904 Subject: Permit No. WQ0033529 Clay County Water and Sewer District David Shook Sewer Line Wastewater Collection System Extension Clay,County Dear Mr. Cheeks: In accordance with your application received on October 17, 2008 we are forwarding herewith Permit No. W00033529, dated October 24, 3008, to Clay County Water and Serer 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 shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis,a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A.NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org One NOrthCaT0lina 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 Naturally DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Clay County Water and Sewer District October 24, 2008 Page In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations,permission is hereby granted to the Clay County Water and Sewer District to construct and operate approximately 670 linear feet of 8-inch diameter gravity sewer to serve a proposed commercial development on U.S. 64-Bypass. This permit is issued pursuant to the application received on October 17, 2008 and in conformity with 15A NCAC 2T.0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Clay County Water and Sewer District Wastewater Treatment Facility (Permit No. NC0026697) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 1506 of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Clay County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0026697) T. Dean Haney, PE Surface Water Protection Section Central Files PERCS Files G:\WPDATA\DEMWQ\CLAY\Clay County W&S Collection System\WQ0033529 CCWSD-Commercial.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CLAY COUNTY WATER and SEWER DISTRICT DAVID SHOOK SEWER CLAY COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033529 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; .the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria`adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 26 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No W00033529 Clay Qounty Water and Sewer District Davis Shook Sewer Clay County, Oct 24 20G. 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. if this project is to be completed in phases and partially certified, you shall retain the responsibility to.track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings, and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H :0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 (No W00033529, Clay County Water and Sewer District, Davis Shook Sewer Clay County., Oct 24 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form)can also be completed to show that the SSO was beyond control. Permit issued this the 24th day of October, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION G eltre-\2cl, for Col"en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033529 3 Permit No WQ0033529 Clay County Water and Sewer District, Davis Shook Sewer. Clay County Oct 24 20Q- ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: approximately 670 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project Changes to the project should be clearly identified on the record drawings or°in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final .as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Per hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date:. ................................................................................................... SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ...................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. OF W ATF9 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director O Division of Water Quality Asheville Regional Office October 24, 2008 Mr. Darhyl Boone, Town Manager Town of Mars Hill Post Office Box 368 Mars Hill, North Carolina 28754 Subject: Permit No. WQ0033528 Town of Mars Hill North Carolina Department of Transportation Wastewater Collection System Extension Madison County Dear Mr. Boone: In accordance with your application received on September 15,2008 we are forwarding herewith Permit No. WQ0033528, dated October 24, 2008, to the Town of Mars Hill for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension: Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 One DENR Customer Service Center Telephone 1 800 623-7748 NorthCarolina An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Natur,911Y Town of Mars Hill October 24, 2008 Page L.. 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 Mars Hill to construct and operate approximately 657 linear feet of 8-inch diameter gravity sewer to serve the North Carolina Department of Transportation and the discharge of wastewater into the Town of Mars Hill's existing sewerage system, pursuant to the application received on September 15, 2008 and in conformity with 15A NCAC 2T.0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Mars Hill's Wastewater Treatment Facility (Permit No. NC0057151) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Madison County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0057151) Bo Hemphill, PE Surface Water Protection Section Central Files PERCS Files G:\WPDATA\DEMWQ\Madison\Mars Hill Collection System\WQ0033528-Mars Hi►I-NCDOT.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF MARS HILL NORTH CAROLINA DEPARTMENT of TRANSPORTATION MADISON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033528 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track. Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 P rmit No W00033528 Town of Mars Hill, North Carolina Department of Transportation.-Madison Co Oct 24. 4. This perrviit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shalt retain the responsibility to track further construction- approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy' of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as "applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be. imposed by other government agencies (local, state and federal) which have jurisdiction, including but.not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 26 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification:The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 t No W00033528 Town of Mars Hill, North Carolina Department of Transportation, Madison Co Oct 24. 2008 a. Any process unit failure, due to known or unknown.reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 24'h day of October, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for a of en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number W00033528 3 Permit No W00033528, Town of Mars Hill North Carolina Department of Transportation Madison Co., Oct_24L ENGINEERING CERTIFICATION -� POST CONSTRUCTION System Description: 657 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final I, as a duly registered.Professional Engineer in the State of North Carolina, having been authorized to observe (E] periodically, ❑ weekly, ❑full time) the construction of the above referenced \ project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T;the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ......................................................................................: SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 .............................................................................. .......................: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered.a violation of the permit and shall subject the Permittee to appropriate enforcement actions. „9 Michael F.Easley,Governor William G.Ross Jr.,Secretary Q(� North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director —t Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 27, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8497 J Robert Boyette City of Marion PO Drawer 700 Marion NC 28752 Subject: NOTICE OF VIOLATION NOV-2008-LV-0490 EMC SOC WQ S06-003 Permit No. NCO071200 Catawba River WWTP McDowell.County Dear Mr Boyette: On August 8, 2007 the Environmental Management Commission entered into the subject Special Order by Consent(SOC) whereby the subject WWTP was granted relaxed effluent limitations for BOD and Total Suspended Solids from those imposed by the NPDES Permit, in exchange for the City of Marion's commitment to a schedule of wastewater treatment improvements that will results in compliance by eliminating the discharge to surface waters. 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 WWTP's monitoring report for June 2008 showed the following violation: Parameter Date Limit Value Reported .Limit Type Value Solids, Total Suspended 06/28/08 180 mg/I 202 mg/1 Weekly Average Exceeded You are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to the violation. Section 3 of the SOC stipulates that a penalty in the amount of$500.00/violation shall be paid for noncompliance with any modified limit contained in the SOC. However, Section 4 of the SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of the City. NorthCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.orq FAX (828)299-7043 1-877-623-6748 Page Two If you have information that will prove to the Division that any or all of the criteria set forth in Section 4 have been met, you must submit that information, in writing, to the Asheville regional Office with \ ten(10)days after your receipt of this notice. In the absence of evidence justifying the application of the provision within Section 4, this Office will proceed with assessment of stipulated penalties as provided for in the SOC. If you should have any questions about this matter, please do not hesitate to contact Mr. Keith Haynes or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Unit ARO SWP G:\WPDATA\DEMWQ\Mcdowe11\71200 Catawba River WWTP\NOV-2008-LV-0490.doc 9 Michael F.Easley,Governor William G.Ross Jr.,Secretary pG North Carolina Department of Environment and Natural Resources rColeen H,Sullins,Director --i Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION October 27, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8503 Joe Cline, Director Tuckaseigee Water & Sewer Authority 1246 W Main St Sylva NC 28779 Subject: NOTICE OF VIOLATION NOV-2008-0492 EMC SOC WQ S05-015 Permit No. NCO039578 TWSA No. 1 WWTP Jackson County Dear Mr. Cline: On December 6, 2006, 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 the Tuckaseigee Water and Sewer Authority's (TWSA) 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 Jackson County WWTP's monitoring report for March 2008 showed the following violations: Parameter Date Limit Value Reported Limit Type Value BOD, 5-Day (20 Deg. C) 03/29/08 75 mg/I 125.94 mg/I Weekly Average Exceeded Coliform, Fecal MF, M- 03/29/08 2,000 9,500.89 Weekly FC Broth,44.5C #/100ml #/100ml Geometric Mean Exceeded BOD, 5-Day (20 Deg. C) 03/31/08 50 mg/1 64.36 mg/l Monthly Average Exceeded NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.orn FAX (828)299-7043 1-877-623-6748 TWSA October 27, 2008 Page 2 If you have not already done so, you are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to this violation. Section 3 of the SOC stipulates that a penalty in the amount of$1000/violation shall be paid for noncompliance with any modified limit contained in the SOC. However, Section 4 of the SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of TWSA. If you have information that will prove to the Division that any or all of the criteria set forth in Section 4 have been met, you must submit this information, in writing, to the Asheville Regional Office within ten (10) days after your receipt of this notice. In the absence of evidence justifying the application of the provision within Section 4, this Office will proceed with assessment of stipulated penalties as provided for in the SOC. If you have any questions about this matter, please do not hesitate to contact Mr. Keith Haynes at (828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files NPDES Unit ARO SWP G:\WPDATA\DEMWQVackson\39578 TWSA#]\NOV-2008-LV-0492.doc Michael F.Easley,Governor QG William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources '-1 'C Coleen H.Sullins,Director Division of Water Quality October 27, 2008 Haywood County DWQ Project No. 081583 NCSR 1336(Wesley Creek Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer, P.E. Division 14 Engineer N C Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Dear Mr. Setzer: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in Mooney Branch, in four(4) unnamed tributaries to Mooney Branch and in two (2) unnamed tributaries to Wesley Creek, for the purpose of making improvements to NCSR 1336 (Wesley Creek Road) in Haywood County: Stream Im acts in the French Broad River Basin Site Stream Permanent Fill in Permanent Fill in Temporary Total Stream Stream Relocation Intermittent Stream Perennial Stream Dewatering in Impact Impacts (linear ft) (linear ft) (linear ft) Perennial Stream (linear ft) Requiring (linear ft) Mitigation (linear ft) 1 -STA. 0 0 35 80 115 0 3+48 2-STA. 0 0 14 65 79 0 8+25 3 -STA. 0 0 15 80 95 0 14+10 4 -STA. 0 0 48 115 163 0 36+06 5 -STA. 0 0 16 71 87 0 38+28 6 STA. 0 0 40 92 132 0 60+00 6A-STA. 85 0 0 110 195 0 60+05 to 60+90 7-STA, 0 0 20 65 85 0 74+45 Total J 85 0 188 678 951 0 Total Stream Permanent Impact for Project: 188 linear feet. Temporary Impact for Project: 678 linear feet. Total Stream Relocation for Project: 85 linear feet. ne NorthCarolina X&I"9!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Intemet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr. J. B. Setzer, P.E. October 27,2008 Page Two \\ The project should be constructed in accordance with your application dated October 15, 2008 (received October 17, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This certification does not authorize the discharge of waste rock and dirt into the stream or riparian zone except for permitted areas associated with the bank stabilization work. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If.the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 3. Adequate sedimentation and erosion control measures must be installed and maintained on the project site to minimize sediment transport to downstream aquatic resources. Temporary cover (wheat, millet or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil as soon as possible following ground disturbing activities. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Straw mulch and tall fescue shall not be used in riparian areas. 4. If multiple pipes or barrels are required,they shall be designed to mimic the natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 5. In-stream work and land.disturbance with the 25-foot wide buffer zone are prohibited during the trout-spawning season of January I through April 15 to protect the egg and fry stages of trout from off site sedimentation during construction of the roadway.. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Mowing of existing vegetated buffer areas is strongly discouraged. 7. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 8. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 10. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants,hydraulic fluids, or other toxic materials. 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. J.E. J08 �. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 14. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification 15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 16. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 18. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements,eta 19. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification 20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. ,1. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, ,L Coleen H. Sullins, Director Division of Water Quality cc: Mark Davis, Division 14,DEO Ed Ingle,Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 081583(Setzer)NCSR 1336(Wesley Creek Road) �p Michael F.Easley,Governor L William G.Ross Jr.,Secretary p- North Carolina Department of Environment and Natural Resources 'C Alan W.Klimek,P.E.Director Division of Water Quality SURFACE WATER PROTECTION October 27, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8510 Mr. Joe Cline Tuckaseigee Water and Sewer Authority 1246 West Main Street Sylva, North Carolina 28779 Subject: NOTICE OF VIOLATION NOV-2008-LV-0491 EMC SOC WQ S05-015 TWSA No. 1 WWTP NPDES Permit Number N00039578 Jackson County _Dear Mr. Cline: On December 6, 2006, 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 the Tuckaseigee Water and Sewer Authority's (TWSA) 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 the facility's monitorin report for April 2008 showed.the followed violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day April 5, 2008 75 mg/I 79.18 mg/I Weekly Average Exceeded BOD, 5-Day April 30, 2008 50 mg/I 57.37 mg/I Monthly Average Exceeded Fecal Coliform April 26, 2008 2000/100 ml 2202.3/100 ml Weekly Geometric Mean Exceeded Fecal Coliform April 30, 2008 400/100 ml 560.4/100 ml Monthly Geometric Mean Exceeded NorthCarolina Natutally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper TWSA October 27, 2008 Page 2 If you have not already done so, you are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to this violation. Section 3 of the SOC stipulates that a penalty in the amount of$1000/violation shall be paid for noncompliance with any modified limit contained in the SOC. However, Section 4 of the SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of TWSA. If you have information that will prove to the Division that any or all of the criteria set forth in Section 4 have been met, you must submit this information, in writing, to the Asheville Regional Office within ten (10) days after your receipt of this notice. In the absence of evidence justifying the application of the provision within Section 4, this Office will proceed with assessment of stipulated penalties as provided for in the SOC. If you have any questions about this matter, please do not hesitate to contact Mr. Keith Haynes at (828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: NPDES Unit Central Files ARO GAWPDATA\DEMWQUackson\39578 TWSA 4 1\NOV-2008-LV-0491.doc �ATFij>Q Michael F.Easley,Governor G William G.Ross Jr.,Secretary �J 7_ North Carolina Department of Environment and Natural Resources U 'C Coleen H.Sullins,Director Division of Water Quality October 27, 2008 DWQ Project # 07-0379 Buncombe County CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 8381 Ken Porter-Shirley Odin Investments, LLC 32 Orange Street Asheville, North Carolina 28801 Subject Property: Cedar Pointe Crossing Gashes Creek [040302, 6-78-21, C] Application Retired as Incomplete Dear Mr. Porter-Shirley: On September 24, 2008, the Division of Water Quality (DWQ) received your application to impact waters of the state to construct the proposed Cedar Pointe Crossing development. On May 23, 2008, July 10, 2008 and September 24, 2008 additional information was requested. As no response has been received for the September 24, 2008 additional information request, the DWQ has determined that your application was still incomplete and/or provided inaccurate information as previously discussed. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Due to the lack or response, we are retiring your application as incomplete. If you want to carry out this proposed impact, you will need to reapply and pay the 401 Certification fee again. If you want to reapply, please provide a complete application package that addresses all of the information previously requested so that we may review your project. NNo thCarolina aturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 I-877-623-6748 GAWPDATA\DEMWQ\Buncombe\401 s\07-0379.CedarPointeCrossing.RetiredApp.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Cedar Pointe Crossing Application Retired October 27, 2008 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any,impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett or Chuck Cranford at 828-296-4500 if you have any questions regarding this matter. Sincerely, Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: Clement Riddle, Clearwater Environmental Consultants 718 Oakland Street Hendersonville, NC 28791 File Copy _ USACE Asheville Regulatory Field Office Cyndi Karoly, Central Office, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 David McHenry, NC Wildlife Resources Commission Filename: 07-0379.CedarPointeCrossing.RetiredApp ATF9 Q Michael F.Easley,Governor G William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Q Coleen H.Sullins,Director Division of Water Quality October 27, 2008 DWQ Project# 07-1281 Haywood County CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 8404 Michael Posey 76 Kimberly Avenue Asheville, North Carolina 28804 Subject Property: Sunset Falls at Bald Creek Little Creek [5-22-2-3, C] Application Retired as Incomplete Dear Mr. Posey: On May 20, 2008, the Division of Water Quality (DWQ) received your application to impact waters of the state to construct the proposed Sunset Falls at Bald Creek development. On May 21, 2008 additional information was requested. As no response has been received for the May 21, 2008 additional information request, the DWQ has determined that your application is incomplete and/or provided inaccurate information as previously discussed. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Due to the lack or response, we are retiring your application as incomplete. If you want to carry out this proposed impact, you will need to reapply and pay the 401 Certification fee again. If you want to reapply, please provide a complete application package that addresses all of the information previously requested so that we may review your project. North Carolina Natura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 GAWPDATA\DEMWQ\Haywood\401 s\07-1281.SunsetFallsatBaldC reek.RetiredApp.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Sunset Falls at Bald Creek Application Retired October 27, 2008 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett or Chuck Cranford at 828-296-4500 if you have any questions regarding this matter. Sincerely, c. Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: Clement Riddle, Clearwater Environmental Consultants 718 Oakland Street Hendersonville, NC 28791 File Copy . USACE Asheville Regulatory Field Office Cyndi Karoly, Central Office, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 David McHenry, NC Wildlife Resources Commission Filename: 07-1281.SunsetFallsatBaId Creek.RetiredApp rFiQ Michael F.Easley,Governor QG William G.Ross Jr.,Secretary d0L North Carolina Department of Environment and Natural Resources >_ _71 © `C Coleen H.Sullins,Director Division of Water Quality October 27, 2008 DWQ Project# 06-1922 Buncombe County CERTIFIED MAIL RETURN RECEIPT REQUESTED— 7007 1490 0004 0798 8374 Wellan Maclean Beaucatcher Heights 1224 Iverleigh Tr. Charlotte, North Carolina 28270 Subject Property: Beaucatcher Heights Subdivision Application Number: 2006-1922 Application Retired as Incomplete Dear Mr. Maclean: On December 18, 2006, the Division of Water Quality (DWQ) received your application to impact waters of the state to construct the proposed Beaucatcher Heights Subdivision, On January 29, 2007 and February 20, 2007 additional information was requested. As no response has been received for the February 20, 2007 additional information request, the DWQ has determined that your application was still incomplete and/or provided inaccurate information as previously discussed. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Due to the lack or response, we are retiring your application. If you want to carry out this proposed impact, you will need to reapply and pay the 401 Certification fee again. If you want to reapply, please provide a complete application package that addresses all of the information previously requested so that we may review your project. / NorthCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 GAWP DATA\D EMWQ\B u n combe\401 s\06-1922.Beau catcherHeights.RetiredApp.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Beaucatcher Heights Subdivision Application Retired October 27, 2008 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett or Chuck Cranford at 828-296-4500 if you have any questions regarding this matter. Sincerely, Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: File Copy USACE Asheville Regulatory Field Office Cyndi Karoly, Central Office, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 David McHenry, NC Wildlife Resources Commission ' Filename: 06-1922.BeaucatcherHeights.RetiredApp ,J ATFR Michael F.Easley,Governor QG William G.Ross Jr.,Secretary � �- North Carolina Department of Environment and Natural Resources 0 `C Coleen H.Sullins,Director Division of Water Quality October 27, 2008 DWQ Project # 08-1305 Cherokee County CERTIFIED MAIL RETURN RECEIPT REQUESTED -7007 1490 0004 0798 8398 Wendell.Anderson 1425 Burnt Schoolhouse Road Hayesville, North Carolina 28904 Subject Property: 141-74/19/129 Project Valley River [Hiw02, 1-52, C Tr] Application Retired as Incomplete Dear Mr. Anderson: On August 25, 2008, the Division of Water Quality (DWQ) received your application to impact waters of the state to construct the proposed 141-74/19/129 Project development. On August 27, 2008 and September 24, 2008 additional information was requested. As no response has been received for the September 24, 2008 additional information request, the DWQ has determined that your application was still incomplete and/or provided inaccurate information as previously discussed. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Due to the lack or response, we are retiring your application as incomplete. If you want to carry out this proposed impact, you will need to reapply and pay the 401 Certification fee again. If you want to reapply, please provide a complete application package that addresses all of the information previously requested so that we may review your project. NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www,.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Cherokee\401 s\08-1305.141-74.19.129.Project.RetiredApp.doe An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper 141-74/19/129 Project Application Retired October 27, 2008 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett or Linda Wiggs at 828-296-4500 if you have any questions regarding this matter. Sincerely, Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: Brian Kruger, Environmental Logic, Inc. 1215 Low Gap Road Hayesville, NC 28904 File Copy USACE Asheville Regulatory Field Office Cyndi Karoly, Central Office, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 David McHenry, NC Wildlife Resources Commission Filename: 08-1305.141-74.19.129.Project.RetiredApp �f WATF Q Michael F.Easley,Governor William G.Ross Jr.,Secretary � North Carolina Department of Environment and Natural Resources © 'C Coleen H.Sullins,Director Division of Water Quality October 27, 2008 DWQ Project # 07-1990 Henderson County CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 8411 Shannon R. Ginn Cummings Cove 20 Cummings Cove Parkway Hendersonville, North Carolina 28739 Subject Property: Cummings Cove Golf and Country Club Mountain Top Phases 3, 4, & 5 Battle Creek [FRB02, 6-50-3, WSIV] Application Retired as. Incomplete Dear Mr. Ginn: On March 11, 2008, the Division of Water Quality (DWQ) received your application to impact waters of the state to construct the proposed Cummings Cove, Mountain Top Phases 3, 4, & 5. On March 14, 2008 additional information was requested. As no response has been received for the March 14, 2008 additional_information request, the DWQ has determined that your application is incomplete and/or provided inaccurate information as previously discussed. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Due to the lack or response, we are retiring your application as incomplete. If you want to carry out this proposed impact, you will need to reapply and pay the 401 Certification fee again. If you want to reapply, please provide a complete application package that addresses all of the information previously requested so that we may review your project. Northcarolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Henderson\07-1990.CummingsCove.RetiredApp.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Cummings Cove Golf and Country Club Application Retired October 27, 2008 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers.. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett or Chuck Cranford at 828-296-4500 if you have any questions regarding this matter. Sincerely, StA, �' Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: Clement Riddle, Clearwater Environmental Consultants 718 Oakland Street Hendersonville, NC 28791 File Copy USACE Asheville Regulatory Field Office Cyndi Karoly, Central Office, 2321 Crabtree Blvd, Suite 250,Raleigh, NC 27604 David McHenry, NC Wildlife Resources Commission Filename: 07-1990. CummingsCoveGolfandCountryClub.RetiredApp A T�9p Michael F.Easley,Governor G William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources >_ DWa --q C� `C Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION SECTON October 27, 2008 DWQ Project# 08-1376 McDowell County John T. Wiggins, Jr. JSM Ventures, LLC Post Office Box 20570 Greensboro, NC 27420 Subject Property: 1780 Subdivision / Lot 53 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Wiggins: ' You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 100 linear feet of shoreline for the purpose of stabilization at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on September 8, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use Permit(s) GP30 when issued by the US Army Corps of Engineers (USACE). 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, Non-discharge, and buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose 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 Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledf10%Post Consumer Paper JSM Venfu., 1780 Subdivision/L Page 2 b, October 27, 200�, 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Plan Location or Reference Approved (Units) Shoreline 100 (linear feet) A 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. \J JSM Ventures, LLC 1780 Subdivision/Lot 53 Page 3 of 5 October 27, 2008 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 1650. 6. Riprap Installation All banks shall be laid back at a 2:1 (length height) slope and riprap applied at the water / land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be at least Class B riprap in size. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration within 60 days of completion of the stabilization activity. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 7. Heavy Equipment Heavy equipment should be operated from the bank whenever possible. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in stream channel must be clean, new or low hour equipment. 8. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before being discharged. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. JSM VentL, 1780 Subdivision Page 4 October 27, 200L 9. Catawba River Buffer Tree Protection Catawba Buffer Tree Protection No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees are removed, forested vegetation shall be re-established within the construction access or other temporary impact area occurring in the protected buffer zone within the next growing season following construction of the project; Please see attached Catawba Buffer Rules (15A NCAC 02B .0243). 10.No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 11. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401Metlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands. The text of the sample deed notification may be modified as appropriate to suit to this project. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The 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 404 or CAMA Permit. 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. JSM Ventures, LLC 1780 Subdivision/Lot 53 Page 5 of 5 October 27, 2008 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Mr. Kevin Barnett in the DWQ Asheville Regional Office at either.Kevin.Barnett@ncmail.net or at 828-296-4657. Sincerely, Coleen H. Sullins, Director Division of Water Quality Enclosures: GC 3693 Certificate of Completion Catawba Buffer Rules cc: Ben Higgins, JSM Ventures, LLC 2198 Willow Creek Drive Newton, NC 28658 Tammy Ritter, Bennick Enterprises 7836 Highway 70 East Nebo, NC 28761 USACE Asheville Regulatory Field Office DWQ 401 Central Office DLR Asheville Regional Office David McHenry, NC Wildlife Resources Commission File Copy Filename: 08-1376.JSMVenturesLLCP rope rty.ApprovaI ATF9 Michael F.Easley,Governor pG' William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Q Coleen H.Sullins,Director Division of Water Quality October 27, 2008 DWQ Project # 08-0303 Jackson County CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 8442 Gabe Quisinberry Legasus Properties 22 South Pack Square Suite 700 Asheville, North Carolina 28801 Subject Property: Webster Creek Golf Course Webster Creek [LTN02, 2-79-27, WS-III] Application Retired as Incomplete Dear Mr. Quisinberry: On February 13, 2008, the Division of Water Quality (DWQ) received your application to impact waters of the state to construct the proposed Webster Creek Golf Course. On February 15, 2008, March 19, 2008, and May 2, 2008 additional information was requested. As no response has been received for the May 2, 2008 additional information request, the DWQ has determined that your application was still incomplete and/or provided inaccurate information as previously discussed. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Due to the lack or response, we are retiring your application. If you want to carry out this proposed impact, you will need to reapply and pay the 401 Certification fee again. If you want to reapply, please provide a complete application package that addresses all of the information previously requested so that we may review your project. nthCarolina Naturally North North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQWackson\401 s\08-0303.WebsterCreekGolfCourse.RetiredApp.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Webster Creek Golf Course Application Retired October 27, 2008 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett or Linda Wiggs at 828-296-4500 if you have any questions regarding this matter. Sincerely, Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: Jennifer Robertson, Wetland and Natural Resource Consultants Post Office Box 882 Canton, NC 28716 File Copy USACE Asheville Regulatory Field Office Cyndi Karoly, Central Office, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 David McHenry, NC Wildlife Resources Commission Filename: 08-0303.WebsterCreekGolfCourse.RetiredApp ATFi9 Michael F.Easley,Governor QG William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Ca `C Coleen H.Sullins,Director Division of Water Quality October 27, 2008 DWQ Project# 08-1333 Jackson County CERTIFIED MAI RETURN RECEIPT REQUESTED —7007 1490 0004 0798 8459 Joseph W. Carriker Duke Energy Post Office Box 1006 Lake Management Section Ec12q Charlotte, North Carolina 28201-1006 Subject Property: Lake Glenville Swim Area and PFA West Fork Tuckaseigee [LTN02, 2-79-23-(7), WS-111 B Tr] Application Retired as Incomplete Dear Mr. Carriker: On August 28, 2008, the Division of Water Quality (DWQ) received your application to impact waters of the state to construct the proposed Lake Glenville Swim Area and PFA project. On September 5, 2008 additional information was requested. As no response has been received for the September 5, 2008 additional information request, the DWQ has determined that your application was still incomplete and/or provided inaccurate information as previously discussed. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Due to the lack or response, we are retiring your application as incomplete. If you want to carry out this proposed impact, you will need to reapply and pay the 401 Certification fee again. If you want to reapply, please provide a complete application package that addresses all of the information previously requested so that we may review your project. NorthCarolina Natumllm North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Jackson\401 s\08-1333.LakeGlenvilleSwimAreaandPFA.RetiredApp.doc An Equal Opportunity/Affirmative Action Employer-50%Recycledl10%Post Consumer Paper Lake Glenville Swim Area and PFA Application Retired October 27, 2008 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett or Chuck Cranford at 828-296-4500 if you have any questions regarding this matter. fSlncerely, / aUlm Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: Clement Riddle, Clearwater Environmental Consultants 718 Oakland Street Hendersonville, NC 28791 File Copy USACE Asheville Regulatory Field Office Cyndi Karoly, Central Office, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 David McHenry, NC Wildlife Resources Commission Filename: 08-0303.LakeGlenvilleSwimAreaand PFA.RetiredApp ArF9 Michael F.Easley,Governor PG William G.Ross Jr.,Secretary tom- North Carolina Department of Environment and Natural Resources U 'C Coleen H.Sullins,Director Division of Water Quality October 27, 2008 DWQ Project# 06-1586 Jackson County CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7007 1490 0004 0798 8435 Michael Cornblume Post Office Box 142 Whittier, North Carolina 28789 Subject Property: Garnet Ridge Subdivision Long Branch [LTN02, 3-79-36-2, C] Application Retired as Incomplete Dear Mr. Cornblume: On December 17, 2007, the Division of Water Quality (DWQ) received your application to impact waters of the state to construct the proposed Garnet Ridge Subdivision. On December. 19, 2007 additional information was requested. As no response has been received for the December 19, 2007 additional information request, the DWQ has determined that your application was still incomplete and/or provided inaccurate information as previously discussed. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Due to the lack or response, we are retiring your application. If you want to carry out this proposed impact, you will need to reapply and pay the 401 Certification fee again. If you want to reapply, please provide a complete application package that addresses all of the information previously requested so that we may review your project. o e NhCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality,org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Jackson\401 s\06-1586.GarnetRidgeSubdivis ion.RetireclApp.doc An Equal opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper Garnet Ridge Subdivision Application Retired October 27, 2008 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett or Chuck Cranford at 828-296-4500 if you have any questions regarding this matter. Sincerely, ;I"e" C' � GL61 Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: File Copy USACE Asheville Regulatory Field Office Cyndi Karoly, Central Office, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 David McHenry, NC Wildlife Resources Commission Filename: 07-1586.GarnetRidgeSubdivision.RetiredApp A iQ Michael F.Easley,Governor > DnQG' William G.Ross Jr.,Secretary Ip- North Carolina Department of Environment and Natural Resources O `C Coleen H.Sullins,Director Division of Water Quality October 27, 2008 DWQ Project# 07-0734 Version 2 Rutherford County CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 8466 Charles Ellis, Registered Agent Lureland Holdings, LLC 1228 East Moorehead Street Suite 101 Charlotte, North Carolina 28236-6799 Subject Property: The Overlook at Lake Lure Broad River (UT to Lake Lure) [BRD01, 9-(17), B Tr] Application Retired as Incomplete Dear Mr. Ellis: On June 5, 2008, the Division of Water Quality (DWQ) received your application to impact waters of the state to construct the proposed The Overlook at Lake Lure development. On July 20, 2008 additional information was requested. As of today, a response to the July 20, 2008 request has not been received, therefore the DWQ has determined that your application is incomplete and/or provided inaccurate information as previously discussed. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Due to the lack or response, we are retiring your application as incomplete. If you want to carry out this proposed impact, you will need to reapply and pay the 401 Certification fee again. If you want to reapply, please provide a complete application package that addresses all of the information previously requested so that we may review your project. NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Rutherford\401 s\07-0734.TheOverlookatLakeLure.RetiredApp.doc An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper The Overlook at Lake Lure Application Retired October 27, 2008 This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett or Chuck Cranford at 828-296-4500 if you have any questions regarding this matter. Sincerely, c G!f Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: Clement Riddle, Clearwater Environmental Consultants 718 Oakland Street Hendersonville, NC 28791 File Copy USACE Asheville Regulatory Field Office Cyndi Karoly, Central Office, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 David McHenry, NC Wildlife Resources Commission Filename: 07-0734.TheOverlookatLakeLure.RetiredApp Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director --1 Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 28, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8480 Steven Wheeler, Manager Town of Lake Lure PO Box 255 Lake Lure NC 287460255 Subject: NOTICE OF VIOLATION NOV-2008-LV-0494 EMC SOC WQ S07-007 Permit No. NCO025381 Lake Lure WWTP Rutherford County Dear Mr. Wheeler: On October 18, 2007, 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 the Town of Lake Lure'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 Lake Lure WWTP's monitoring report for April 2008 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, M- 04/30/08 250 273.93 #/100ml Monthly FC Broth,44.5C #/100ml Geometric Mean Exceeded One hCarolina aturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 Lake Lure October 28, 2008 Page 2 If you have not already done so, you are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to this violation. Section 3 of the SOC stipulates that a penalty in the amount of$1000/violation (Monthly Average) shall be paid for noncompliance with any modified limit contained in the SOC. However, Section 4 of the SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of the Town. If you have information that will prove to the Division that any or all of the criteria set forth in Section 4 have been met, you must submit this information, in writing, to the Asheville Regional Office within ten (10) days after your receipt of this notice. In the absence of evidence justifying the application of the provision within Section-4, 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 Mr. Keith Haynes or me at 828/296-4500. Sincerely, z Z' Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Unit ARO SWP Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director --I Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 28, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8527 Steven Wheeler, Manager Town of Lake Lure PO Box 255 Lake Lure NC 287460255 Subject: NOTICE OF VIOLATION NOV-2008-LV-0495 EMC SOC WQ S07-007 Permit No..NCO025381 Lake Lure WWTP Rutherford.County Dear Mr. Wheeler: On October 18, 2007, 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 the Town of Lake Lure'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 Lake Lure WWTP's monitoring report for July 2008 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 07/19/08 75 mg/I 104 mg/I Weekly Average Exceeded Nitrogen, Ammonia Total 07/31/08 4.3 mg/I 7.12 mg/l Monthly (as N) Average Exceeded Coliform, Fecal MF, M- 07/31/08 250 274.8 #/100ml Monthly FC Broth,44.5C #/100ml Geometric Mean Exceeded NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S:Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 Lake Lure October 28, 2008 Page 2 If you have not already done so, you are directed to immediately take whatever remedial actions are necessary to correct the problems that have led to this violation. Section 3 of the SOC stipulates that a penalty in the amount of $1000/violation (Monthly Average) and $500.00/violation (Weekly Average or Daily Maximum) shall be paid for noncompliance with any modified limit contained in the SOC. However, Section 4 of the SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is applicable when the Division of Water Quality can be satisfied the non-compliance was caused by events or circumstances beyond the control of the Town. If you have information that will prove to the Division that any or all of the criteria set forth in Section 4 have been met, you must submit this information, in writing, to the Asheville Regional Office within ten (10) days after your receipt of this notice. In the absence of evidence justifying the application of the provision within Section 4, 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 Mr. Keith Haynes or me at 828/296-4500. Sincerely, 4 Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Unit ARO SWP Michael F. Easley,Governor William G.Ross Jr.,Secretary /G North Carolina Department of Environment and Natural Resources q� r Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 28, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8473 Scott Banks 717 Dillingham Rd Barnardsville,NC 28709 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-CV-0018 Removal of Best Usage Stream Standard Violation- Other Waste (In-stream sediment) Buncombe County Dear Mr. Banks: On October 21, 2008, Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ), along with Ms. Liz Hair of the US Army Corps of Engineers, conducted a site inspection at your property along Sardis Road in Buncombe County. In addition to the Violations cited in NOV-2008-OP-0055, the following observations were observed Stream standard violations were noted during the inspection and file review. Sediment and stream channel fill impacts to an unnamed tributary to Hominy Creek (Classified C waters) were documented. VIOLATIONS I. Removal of Best Usage (earthen fill) 15A NCAC 02B .0211 (2) — An additional —60 feet of fresh soil fill has been placed into the unnamed tributary to Hominy Creek, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). II. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f— Greater than 100 feet of an unnamed tributary to Hominy Creek was impacted by sediment deposition upwards of 1 foot in depth, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). NorrthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Scott Banks October 28,2008 Our records indicate you were notified in NOV-2008-OP-0055, dated October 10, 2008, ana,� received by you on October 16, 2008, that the work previously performed was in violation of North Carolina Administrative Code. As observed on October 21, 2008, Mr. Griffin, operating a bulldozer with Banks Farms logo on this equipment, was grading soil fill in a wetland area and grading soil into an unnamed tributary to Hominy Creek. While discussing the site with Mr. Griffin, he relayed to staff of the Division of Water Quality that under the direction of yourself, that the stream relocation and wetland fill was performed to make land usable after years of water being impounded by a beaver dam. REQUIRED RESPONSE This office requests that you respond in writing within 5 days of receipt.of this Notice. Your response should be sent to both to the attention of Mr. Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: • In addition to the information requested in NOV-2008-OP-0055, you must clearly explain why work continued in waters, even though not approved in a 401 Water Quality Certification, and with knowledge that such activities are a violation of North Carolina Administrative Code. Thank you for your attention to this matter. This office will be sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this ' correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Chuck Cranford (828) 296-4664. Sincerely, t 0- �rwrr Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files City of Asheville Stormwater Services Division G:\WPDATA\DEM WQ\B uncombe\Complaints\B anks-West\NOV-2008-CV-0018.doc �Q Michael F.Easley,Governor G William G.Ross Jr.,Secretary ® Pf� North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality October 28, 2008 Madison County DWQ Project 20081382 TIP No, B-4184_ NCSR 1565 (Gabriels Creek Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Greg Thorpe,PhD.,Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh,North Carolina,27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below,for the following impacts to the Ivy River for the purpose of constructing a new bridge over the Ivy River on NCSR 1565 (Gabriels Creek Road) in Madison County: Stream Impacts in the French Broad River Basin Site Permanent Streambank Permanent Temporary Total Stream Fill in Stabilization Fill in Impacts in Stream Impacts Intermittent (linear ft) Perennial Perennial Impact Requiring Stream (linear Stream Stream (linear ft) Mitigation ft) (linear ft linear ft linear ft Site 1 0 83 0 43 126 0 Total 0 83 0 43 126 0 Total Stream Permanent Impact for Project: 83 linear feet. Total Temporary Stream Impacts: 43 linear feet. The project should be constructed in accordance with your application dated August 29, 2008 (received September 10, 2008) and additional information dated and received October 28,2008, including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Nos. 3689 and 3688, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 13 and 33. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited.to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre,or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in'15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Dr.Greg Thorpe, PhD. October 28,2008 Page Two Condition(s) of Certification: 1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 2. Adequate sediment and erosion control measures must be installed and maintained on the project site until all disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following disturbance. Erosion control mating shall be used in conjunction with appropriate seeding on disturbed stream banks. Matting should be secured in place with staples or wherever possible, live stakes of native trees. Tall fescue shall not be used in riparian areas. 3. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native species. 4. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 5. For projects impacting waters classified by the. NC Environmental Management Commission as Trout jr), High Quality Waters (HQW) or Water Supply I or II (WS-I, WS-II), stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff prior to discharging directly into streams. Please refer to the most current version of Stormwater Best Management Practices. Mowing of existing vegetated buffer areas is strongly discouraged. 6. If multiple pipes or barrels are required, that shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 7. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. Stormwater shall be managed in accordance with your State Stormwater Permit issued by the Division of Water Quality. 8. The dimension, pattern and profile of the stream, above and below the new bridge, shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and red maple) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for.stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 17. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any,-shall be maintained with the Division Engineer and the on-site project manager. 18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. pe, PhD. 2008 .ree 19. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 20. The outside buffer, wetland or water boundary located within the ,construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 21. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 22. The issuance of this 'certification does not exempt the Permittee form complying with any and all statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 24. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250,Raleigh,North Carolina 27604. `Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal , nd/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, t Coleen H. Sullins,Director Division of Water Quality cc: David Baker, USACE, Asheville Field Office J. J. Swain, Jr., P.E., Division 13 Engineer Roger Bryan, Division 13 DEO Ed Ingle,Roadside Environmental Carla Dagnino,NCDOT, NEU Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 081382(Thorpe)TIP B-4184 NCSR 1565 `�' � i Michael F.Easley,Governor William G. Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources r Coleen H.Sullins,Director -{ Division of Water Quality Asheville.Regional Office SURFACE WATER PROTECTION SECTION October 29,2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8541 Mr. Carl Daniel Carolina Water Service Inc. Of NC P.O. Box 240908 Charlotte,North Carolina 28224-0908 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 NCO036684 Carolina Water Service Inc. Of NC Bent Creek WWTP Case No. LV-2008-0397 Buncombe County Dear Mr. Daniel: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$315.00 ($250.00 civil penalty+ $65.00 enforcement costs) against Carolina Water Service Inc. of NC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Carolina Water Service Inc, of NC for the month of May 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0036684. The violations which occurred in May 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Carolina Water Service Inc. of,NC violated the terms, conditions or requirements of NPDES Permit NCO036684 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. 143-2.15.1(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 Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Carolina Water Service Inc. of NC: i NorthCarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterguality.org FAX (828)299-7043 1-800 623-7748 I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit NO.� $250.00 NC0036684, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for N113-N. $250.00 TOTAL CIVIL PENALTY $65.00 Enforcement Costs $315.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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 Quality 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 Quality 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 the Division of Water Quality 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 Quality 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 Quality 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, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/ attachments DWQ Bob Guerra/Enforcement Files w/attachments Beverly Grinstead/ORC w/attachments GAWPDATA\DEMWQ\Buncombe\36684 Bent Creek WWTP\LV-2008-0397.36684.doc JUSTIFICATION FOR REMISSION REQUEST JWQ Case Number: LV-2008-0397 County: Buncombe Assessed Party: Carolina Water Service of NO Bent Creek WWTP Permit No.: NC0036684 Amount Assessed: $315.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); _ (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: t STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME�,, AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CAROLINA WATER SERVICES INC. OF NC/ BENT CREEK WWTP ) PERMIT NO. NCO036684 ) FILE NO. LV-2008-0397 Having been assessed civil penalties totaling $315.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 29, 2008, 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 Quality 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 v w IL O ° m m P g Q z O w w F- o 0.' p: o J M e w F-w J J �C M J� Q U N e 0� w w Y o� - Z ~¢ E D zw O �� U U z ® Im V M O Q G 00 U z o w w N > > m > w _ COLL U Q m z Q rwco g C z p� o w O Q ns U U a i w YLIJ F ` w U z w M N CL z CD z F U OU w LL J H a o D O v (D Zz F- M K 0 o Q C Q d N CD p zww r z = O 1- O > o az V) JI a rn o N N N W UU p p o � Z AE_ Z Z 0 0 0 0 a vi at U 4 C to 17 m O O O O O O O O $qq o 'a o O $ O m N #€p a to A c O 2 N o W 'a+y o d 0� N Oda U�« d p o A O W r CL a m xEo a 12 Oo'a 0 c 0 0 �r ._a UEo WKQ o � wsx i p O s o <n o v" Ia C coEE wza o � 2 Uo o W ui ? w.. s N o„v a, N N> O � ul Cl._ N E o N O O N � N m £ E m C O p E O �] O e u 0 o O o O c G U o 0 U w w ui 0 o o m 0 0 0 w U N c N Z a A o p a. Ln rn to c U N.Q N V pCL O O w N w o M N C N 6 O O =7' do Y 'o N (D o o '7 N N O o N C L V Z Q to I-- E o E o N N p O _. p �p C7p s = ro m a a y Z rn o o U O a °> N o }e U A r, Michael F.Easley,Governor �Q William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION SECTION October 29, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70071490 0004 0798 8534 Mr. Johnny Norton, Mayor Town of Hot Springs Post Office Box 218 Hot Springs, North Carolina 28743-0218 Subject: NOTICE OF VIOLATION and INTENT TO ENFORCE NOV-2008-PC-0754 Town of Hot Springs Permit Number WQCSDO086 Wastewater Collection System Madison County Dear Mr. Norton: North Carolina General Statute 143-215(a)(2) prohibits the construction of any sewage treatment works without first securing a permit from the North Carolina Environmental Management Commission. North Carolina General Statute 143- 215(a)(1) prohibits the making of an outlet into the waters of the State without first securing a permit from the North Carolina Environmental Management Commission. On October 22, 2008 Roy Davis with the Asheville Regional Office conducted a Compliance Evaluation Inspection of the Town of Hot Spring's wastewater collection system. During that inspection he observed the construction of two sewage pumping stations. A subsequent review of our files indicates that no permit pursuant to North Carolina General Statute 143-215.1(a)(2) has been issued. On the same day Roy Davis observed the discharge of untreated sewage from a wet well overflow pipe at the Town's Red Bridge sewage pumping station. The overflow pipe was first observed on January 19, 2007. On January 25, 2007 it was reported to us that the pipe had been sealed. Obviously the seal was not completely successful Construction of the two sewage pumping stations without a permit and allowing the discharge of sewage to the surface waters of the State places the Town of Hot Springs in violation of the requirements of North Carolina General Statute 143-215.1 NoonAhCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer ServiceNaturally Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 North Carolina General Statute 143-215.6 provides for civil penalties of up to $25,000 for construction of a sewer system or discharging sewage without a permit. The same statute empowers a State agency to go into Superior court seeking a court order prohibiting an activity which is in violation of the Statutes. The Town of Hot Springs is to immediately take steps to effectively and permanently seal the Red Bridge pump station wet well overflow pipe. The Asheville Regional Office is considering the assessment of Civil Penalties against the Town of Hot Springs for the construction of a treatment works without a permit and the discharge of wastewater without a permit. If there are extenuating circumstances regarding these violations which you wish us to consider, please make those known to us in writing. To be considered your response must be received in this office within fifteen days from date of receipt of this Notice. I encourage you to call Roy Davis at (828) 296-4500 should you need to discuss this matter. Sincerely, 77> Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Regional Office Cc: Brian Tripp, PE; W.K. Dickson & Company Bob Sledge, Division of Water Quality Roy Davis, Division of Water Quality, ARO G:\WPDATA\DEMWQ\Madison\Hot Springs Collection System\NOV-2008-PC-0754.doc I'grF/71 Michael F.Easley,Governor QG William G.Ross Jr.,Secretary gip-- North Carolina Department of Environment and Natural Resources Q Coleen H.Sullins,Director Division of Water Quality October 30, 2008 DWQ Project # 08-0883 Henderson County CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 8558 Scott Gillespie Laurel Views, LLC 1101 Vista Del Mar Delray Beach, Florida 33483 Subject Property: The Glen at Laurel View Shaw Creek [FRB02, 6-50, WS-IV] Application Retired as Incomplete Dear Mr. Gillespie: On May 28, 2008, the Division of Water Quality (DWQ) received your application to impact waters of the state to construct the proposed The Glen at Laurel View development. On June 26, 2008 additional information was requested. On July 28, 2008, dated July 24, 2008, your consultant provided a partial response to this request. Your consultant stated in the response dated July 24, 2008 that all remaining additional information would be provided with 90 days. On October 22, 2008, your consultant sent in an additional request for a deadline extension containing no additional information and no response deadline. As the DWQ has been instructed to retire any project which is not complete after 30 days of issuance of an Additional Response Letter, and you have already been granted one 90 day extension, the DWQ has determined that your application is incomplete and/or provided inaccurate information as previously discussed. The DWQ will require additional information in order to process any future application to impact protected wetlands and/or streams on the subject property. Due to the lack or response, we are retiring your application as incomplete. If you want to carry out this proposed impact, you will need to reapply and pay the 401 Certification fee again. if you want to reapply, please provide a complete application package that addresses all of the information previously requested so that we may review your project. NorthCarolina ,Vaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 . Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Henderson\401 s\08-0883.TheGlenatLaurelView.RetiredApp.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper The Glen at Laurel View Application Retired October 27, 2008 is letter only addresses the app ica ion review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Kevin Barnett or Chuck Cranford at 828-296-4500 if you have any questions regarding this matter. Sincerely, Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: Clement Riddle, Clearwater Environmental Consultants 718 Oakland Street Hendersonville, NC 28791 File Copy USACE Asheville Regulatory Field Office Cyndi Karoly, Central Office, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 l David McHenry, NC Wildlife Resources Commission Filename: 08-0883.TheGlenatLaurelView.RetiredApp Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director l Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION October 30, 2008 Mr, Rick Ives Engineering Manager SGL Carbon LLC 307 Jamestown_Rd Morganton NC 28655 SUBJECT: Compliance Evaluation Inspection SGL Carbon Corporation Permit No: NC0005258 Burke County Dear: Mr, Ives Enclosed please find a copy of the Compliance Evaluation Inspection report I conducted on October 23, 2008. The facility was found to be in Compliance with permit NC0005258. 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: Central Files Asheville Files XhCarolina tur2; 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 G:\WPDATA\DEMWQ\Burke\SGL Carbon 05258 e \� /��� r �_ i' 1�✓` United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00005258 111 121 08/10/23 117 18L) 191 sl 20I l Remarks 21111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 OA ---------------------------Reserved---------------------- 67I )69 70151 711 DI 721 NI 73I 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 08/10/23 05/12/01 SGL Carbon Corporation 307 Jamestown Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 11:15 AM 08/10/23 10/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Charles Conner,307 Jamestown Rd Morganton NC 28655//828-437-3221/ No Fes\ , Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance ®Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menze ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA For 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I 11 12 17 18 NC0005258 It 08/10/23 II _' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This facility appears to be operating in compliance. No violations of permit requirements or applicable regulations were observed during this inspection. Lip Page# 2 Permit: NCO005258 Owner-Facility: SGL Carbon Corporation ,nspection Date: 10/23/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? — ---- - Is the facility as described in the permit? fl ❑ n #Are there any special conditions for the permit? fl ❑ 0 Is access to the plant site restricted to the general public? ® Q 0 - I—"he-in-spectoT-granted-access-to-all-areas-forinspection?---- Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids,pH, DO,Sludge 0 On Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ® n ❑ If effluent (diffuser pipes are required) are they operating properly? ® Q ❑ Q Comment: The upstream and downstream thermometers are calibrated on a regular basis. Page# 3 . ... i_.. i. �, �r9 Michael F.Easley,Governor QC William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources a � ® Coleen H.Sullins,Director Division of Water Quality SURFACE WATER PROTECTION SECTON - — October 30, 2008 DWQ Project# 08-1563 McDowell County William P. Ramsey 500 Utterback Store Road Great Falls, VA 22066 Subject Property: Old Wildlife Club / Lot 33 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Ramsey: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 100 linear feet of shoreline for the purpose of stabilization at the subject property, as described within your application received by the - N.C. Division of Water Quality (DWQ) on October 10, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use Permit(s) GP30 when issued by the US Army Corps of Engineers (USAGE). 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, Non-discharge, and buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose 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 Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.,ncwaterquality.org FAX (828)299-7043 1-877-623-6748 GAWPDATA\DEMWQ\Mcdowell\401 s\08-1563.WilliamRamsey.Approval.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper William,., Old Wildlife Club Page 2,-, October 27, 206, 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Plan Location or Reference Approved (Units) Shoreline 100 (linear feet) A 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. William Ramsey Old Wildlife Club/Lot 33 Page 3 of 5 October 27, 2008 No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699- 1650. 6. Riprap Installation All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at the water / land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be at least Class B riprap in size. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration within 60 days of completion of the stabilization activity. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 7. Heavy Equipment Heavy equipment should be operated from the bank whenever possible. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in stream channel must be clean, new or low hour equipment. 8. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before being discharged. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. Williar, Old Wildlife Club, Page',.. October 27, 200. 9. Catawba River Buffer Tree Protection Catawba Buffer Tree Protection No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees are removed, forested vegetation shall be re-established within the construction access or other temporary impact area occurring in the protected buffer zone within the next growing season following construction of the project; Please see attached Catawba Buffer Rules (15A NCAC 02B .0243). 10.No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 11. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401Metlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The 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 404 or CAMA Permit. 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. William Ramsey Old Wildlife Club/Lot 33 Page 5 of 5 October 27, 2008 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Nlr. Kevin ar3 nett in the D Asheville Regional Office at either.Kevin.Barnett@ncmail.net or at 828-296-4657. Sincerely, - Z Coleen H. Sullins, Director lio Division of Water Quality Enclosures: GC 3693 Certificate of Completion Catawba Buffer Rules cc: Tammy Ritter, Bennick Enterprises 7836 Highway 70 East Nebo, NC 28761 USACE Asheville Regulatory Field Office DWQ 401 Central Office - DLR Asheville Regional Office David McHenry, NC Wildlife Resources Commission File Copy Filename: 08-1563.William Ramsey.Approval Michael F.Easley,Governor QG William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources p Coleen H.Sullins, Director Division of Water Quality October 30, 2008 DWQz oj,ect#08 1523 Yancey County John Bryant 71 Copperhead Road Burnsville,NC 28714 Subject Property: Bryant Property Access UT to Little Creek [FRB07, 7-3-33, C, Trout] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Bryant: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 30 linear feet of streams for the purpose of property access at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on October 3, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC37052). The Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of Engineers (USACE). 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, Non-discharge, Stormwater and Buffer regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval 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 Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) Culvert Installation 30 (linear feet) UT to Little Creek Culvert Removal 30 (linear feet) UT to Little Creek Total Impacts 30 (linear feet) None rthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Natumlly Internet: www.ncwaterguality.orq FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper G:IWPDATMDEMWQIYancey1401 s108-1523.JohnBryantPropAccess.Approval.doc John Bryant Proper, Page., October 30,2� 2. Culvert Removal The proposed culvert removal a stream stabilization shall be completed within 60 days of receipt of this authorization. 3. Buffer Planting The proposed plantings shall be installed prior to March 15, 2009 (within this years planting season). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The 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 404 or CAMA Permit. 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Kevin Barnett in the DWQ Asheville Regional Office at (828)296-4657. Sincerely, G� Cole�en H. Sullins, Director Division of Water Quality CHS/khb Enclosures: GC3705 Certificate of Completion cc: USACE Asheville Regulatory Field Office DWQ Asheville Regional Office David McHenry,NC Wildlife Resources Commission File Copy Central Files Filename: 08-1523.JohnBryantPropAccess.Approval ATF Michael F.Easley,Governor RpWilliam G.Ross Jr.,Secretary C North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality)).- __� p N SURFACE WATER PROTECTION SECTION October 31, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED! 7007 1490 0004 0798 8565 Mr. Larry Miller G.E.M. Constructors, Inc. 2024 Nix Creek Road, Suite A Marion, North Carolina 28752 Subject: Inadequate Sewer System 2041 U.S. Highway 70 East Larry Miller Property McDowell County Dear Mr. Miller: It has come to our attention that your apartment building located at 2041 U.S. Highway 70 East is served by a septic-tank, subsurface-sand filter sewage'treatment system designed to discharge to the State's surface waters and was possibly permitted by the McDowell County Health Department many years ago. Now North Carolina General Statute 143-215(a)(1) prohibits the making of an outlet into the waters of the State without first securing a permit from the North Carolina Environmental Management Commission. You do not hold a permit from the North Carolina Environmental Management Commission for this wastewater discharge. On October I sampled the stream behind your apartment building to which sewage from your apartment is discharged. The samples were analyzed for fecal coliform. Fecal result for the upstream sample (above your apartment) was180 colonies per 100 ml and the downstream fecal result (below your apartment) was 1,200 colonies per 100 ml. This increase in stream fecal coliform confirms that the sewage from your apartment building is being discharged to the State's surface waters. The same laboratory results indicate that your wastewater treatment system is not providing adequate treatment of the sewage coming from your apartment building. NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service NatuCallf Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 Allowing the discharge of sewage to the surface waters of the State without a permit places you in violation of the requirements of North Carolina General Statute 143-215.1(a)(1). North Carolina General Statute 143-215.6 provides for civil penalties of up to $25,000 for discharging sewage without a permit. The same statute empowers a State aq�ncy to go into Superior court seeking a c�►,rt order prohibiting an activity which is in violation of the Statutes. Attached are two copies of our NPDES Permit Application-Form D. This application should be submitted to the address indicated on or before January 1, 2009. At the very least you will have to install an effluent disinfection system to follow your present treatment scheme. If you choose chlorination as a means to achieve disinfection, you will be required to install a dechlorination unit. You should acquire the services of an Engineer licensed to practice in the State of North Carolina to assist you in this process. Do not be surprised if your engineer discovers that extensive rebuilding of your sub-surface sand filter ends up being required in order to meet proposed permit effluent limits. I encourage you to call me at (828) 296-4500 should you need to discuss this matter. We look forward to receipt of the attached NPDES Permit Application on or before January 1, 2009. Sincerely, Roy M. avis Environmental Engineer Cc: Steve Grindstaff, McDowell County Health Department GAWPDATA\DEMWQ\Mcdowell\Larry Miller NOV.08.doc Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources An�rColeen H.Sullins,Director I Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION October 31, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8572 Mr. H. Stephen Hodge McKee Development P.O. Box 523 Cashiers, North Carolina 28717 Subject: NOTICE OF VIOLATION NOV-2008-LV-0505 Permit No. NCO063312 Cedar Creek WWTP Jackson County Dear Mr. Hodge: A review of Cedar Creek WWTP's monitoring report for July 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 07/09/08 400#/100ml 1,150#/100mI 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: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement actions 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, Roger. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ-SWP Asheville Files // Files �B9q uer a/DWQ ISWP En.fdree ent Files Gc-l� & sA soclates/ORC G:\WPDATA\DEMWQ\Jackson\63312 Cedar Creek\NOV-2008-LV-0505.63312.doc NorthCarolina �GI�IfCGI��I,/ North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service 99 Internet: www.ncwaterguality.org FAX (828)299-7043 . 1-877-623-6748 1\�