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HomeMy WebLinkAboutDWR SWP Read File Archive Oct 2009 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 1, 2009 Deen Day Sanders Day Investments, LLC 1671 Highway 107 South Cashiers,NC 28717 SUBJECT: Sediment Removal Plan Approval (North)Fowler Creek, C Tr(3-1-(2)) High Hampton Jackson County Dear Ms. Sanders: The Division of Water Quality has received correspondence from Mr. Terry Allen, T.E. ALLENENGINEERING, dated September 8, 2009, in regard to removal of sediment from approximately 100 linear feet of(North) Fowler Creek, a Class C, Tr stream in the Savannah River Basin (along with digital photos submitted September 14th). The proposal details the removal of sediment from several areas along North Fowler Creek. The remedial actions presented in the response have been found satisfactory and are approved under the following conditions: • All work shall be performed manually (i.e., with bucket and shovel as indicated in the correspondence). • All work shall be performed "in the dry" (as indicated in correspondence, the stream will be temporarily piped around the impacted area; all work shall be done so as not to increase turbidity in the receiving stream). 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. Sin rely, Ausan Ailson, Environmental Engineer Surface Water Protection cc: ARO File Copy DWQ Central Files Terry Allen, tealleneng@citcom.net—e-copy GAWPDATA\DEMWQ\Jackson\North Fowler Creek-High Hampton sed removal\N.Fowler Creek SedimentRemAPPROVE 10 2009.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-296-45001 FAX:828-299-7043\Customer Service:1-877-623-6748 ��������� Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer ®MN North Carolina Department of Environment and Natural Resources ti Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 1, 2009 Kathy Conner City of Asheville 70 Court Plaze Post Office Box 7148 Asheville, North Carolina 28802 Hartwell Carson Riverlink, Inc. 170 Lyman Street Asheville,North Carolina 28813 Subject: Request for More Information 401 Water Quality Certification Project Name DWQ Project#2009-0896 Buncombe County Response deadline: October 30, 2009 �)ear Applicants: The Division of Water Quality(DWQ)has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Owner Information The property in question is owned by, and the application is in the name of the City of Asheville, but no Agent authorization from the City of Asheville was included in the package, nor was the application signed by a responsible party from the City of Asheville. Either the application must be signed for by staff of the City with signatory authority, or an agent authorization from the City of Asheville granting Michael Baker Engineering,.Inc. the signatory authority must be included in a modified application package. 2. Project Detail The provided information includes conflicting information for this project. The referenced channel slope (4 to 6 %), constructed riffles in excess of 50 linear feet long and constructed pools within fill cause long term stability concerns to arise. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NQrthCar011ria Internet:www.ncwaterquality.org l.v An Equal Opportunity 1 Affirmative Action Employer aturallif City of Asheville October 1,2009 Page 2 of 2 The statement that the step-pool design addresses the lack of floodplain is a concern for this agency:, While there is the potential for floodplain access, this design will provide for containment of storm flows through the park area, instead. - In order for this office to further examine this project,the following must be submitted: • Actual stream survey data for the proposed restoration reaches. • Reference reach survey data for the design. • A restoration design which mimics the reference reach characteristics for pattern, dimension, and profile,which will result in long term stability. • A monitoring plan, for stream stability and vegetative success, for no less than a period of 5 years, including intervals and success criteria and annual reporting. Please provide your response in writing to the addresses below prior to close of business, October 30, 2009. Four copies of the required information should be provided to the 401 Permitting Unit at: Ms. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Susan Wilson Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If we do not hear from you by the deadline,we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,waters or protected buffers. Please be aware that any impacts requested within your application are not authorized(at this time)by the DWQ. Please call Kevin Barnett or Susan Wilson 828-296-4500, if you have any questions. Sincerely, Cam= �,,.����'�✓� Roger C.Edwards Regional Office Supervisor Surface Water Protection Section cc: Jacob P.McLean,P.E. Michael Baker Engineering, Inc. 797 Haywood Road, Suite 201 Asheville,North Carolina 28806 Liz Hair-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Cyndi Karoly-401 Permitting Unit Eric Kulz—401 Permitting Unit County Planning ARO File copy G:\WPDATA\DEMWQ\Buncombe\401 s\WestAshevilleParks\09-0896.WestAshevilleParks.Add-Info.doc AIL P A 'Yj�la NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 1, 2009 Randy Jameson Ingles Markets, Inc. P.O. Box 6676 Asheville,NC 28816 SUBJECT: NOTICE OF VIOLATION Ingles Market#179 of Hendersonville, NC DWQ Tracking Number: NCR001975 NOV-2009-PC-0832 Construction Stormwater Permit NCGO10000 Henderson County Response deadline: October 21, 2009 Dear Mr. Jameson: On September 23, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for Ingles Market 4179 of Hendersonville,NC along Howard Gap Road in Henderson County. Mr. Tim Fox (Henderson County Erosion Control) and Mr. Jason Fulton(N.C. Division of Land Resources)were present. NCGO10000 permit condition violations were noted during the inspection. VIOLATIONS I. Construction Stormwater Permit NCG010000 -The NCG010000 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. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 7 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarOhna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 �'/ Internet: www.nowaterqu A� aNullff ality.org An Equal Opportunity 1 Affirmative Action Employer Randy Jameson October 1,2009 Page 2 of 3 a. Rain Gauge (Part I. Section B. No. 1.)A rain gauge was not observed on the site at the time of inspection. b. 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. c. 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 recorded and available for review. *However, a site representative was not available during the inspection. d. Final Limitations and Controls for Stormwater Discharges (Part 1. Section A. No.2) Failure to follow Erosion Control Plan, as cited in Division of Land Resources Notice of Violation dated September 28,2009, represents a violation of NCGO10000 Permit. e. 'Twenty-four Hour Reporting (Part 11. Section E. No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO10000 Permit. REQUIRED RESPONSE This Office requests that you respond in writing by October 21,2009. Your response should be sent to both 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: 1. Construction Stormwater Permit NCGO10000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCGO10000 Permit and your Erosion and Sediment Control Plan. c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements noted above. This information must include monitoring records from August 23, 2009 through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inch are requested as well. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. d. You should include in your response an explanation of how you propose to prevent the identified problems from reoccurring on this project and on future projects. J i'hank you for your attention to this matter. This office requires that the violations, as detailed above, be addressed immediately. T hese 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) 296-4664. Sincerely, r Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Tim Fox—Henderson County (e-copy) ARO File Copy DWQ Central Files G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCG01\Ingles_64E\NOV-2009-PC-0832.doe \ JI �1 MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 2, 2009 Mr. Greg Hining, CEO United Community Bank PO Box 979 Brevard,NC 28712 SUBJECT: United Community Bank Stormwater BMP Inspection DWQ Permit Number: SWI080102 Jackson County Dear Mr. Hining: On September 22, 2009, Susan A. Wilson and Chuck Cranford, from the Asheville Regional Office of the Division of Water Quality (DWQ), conducted a site inspection regarding stormwater controls for United Community Bank in Cashiers. Some issues were noted during the inspection and file review and are outlined in the attached inspection report. Your original consulting engineer has also been copied with this letter. The Engineer's certification for the subject permit should be submitted to this office. Should you have any questions regarding these matters, please contact me at(828)296-4500. Sincerely, Susan A. Wilson, Environmental Engineer Surface Water Protection Section Enc: Inspection Report cc: ARO File Copy DWQ Central Files Jeremy Cadeau, P.E., 238 Vista Falls Road, Mills River,NC 28759 Jackson County Planning GAWPDATA\DEMWQUackson\State Stormwater Management\United Community Bank\UCB Insp info 9 2009\UCB Insp letter 10 2009.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:: www.ncwaterquality.org FAX;828-299-7043\Customer Service:1-877-623 6748 �gtura��� Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Compliance Inspection Report Permit: SW1080102 Effective: 03/25/08 Expiration: Owner: United Community Bank-Cashiers NC Project: United Community Bank-Cashiers, NC County:Jackson NC 107 Region: Asheville Cashiers NC 28717 Contact Person: Greg Hiring Title: Phone: Directions to Project: Type of Project: State Stormwater-HD-Other Drain Areas: 1 -(CHATTOOGA RIVER(Cashiers Lake))(03-13-01 ) B;Tr,ORW) On-Site Representative(s): Related Permits: Inspection Date: 09/22/2009 Entry Time: 01:00 PM Exit Time: 01:45 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Chuck Cranford Phone: Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: ■Compliant C1 Not Compliant Question Areas: ■State Stormwater (See attachment summary) Page: 1 Permit:SW1080102 Owner-Project:United Community Bank-Cashiers NC Inspection Date:09/22/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The system appeared to be working properly and no adverse impacts to surface waters were noted. Inspections should be conducted routinely and maintenance should be performed as necessary. \ J Page: 2 Permit:SW1080102 Owner-Project:United Community Bank-Cashiers NC Inspection Date:09/22/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine File Review Yes No NA NE Is the permit active? ® ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ® ❑ ❑ Signed copy of the Operation&Maintenance Agreement is in the file? ■ ❑ ❑ Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑ Comment: This Office does not have the Engineer's certification for the project in the files; your original engineer has been copied on the inspection form and should provide the certification. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ■ ❑ 0 Cl Is the drainage area as per the permit and approved plans? ■ ❑ ❑ ❑ Is the BUA(as permitted)graded such that the runoff drains to the system? ■ ❑ ❑ ❑ Comment: The project appears to have been built as designed. From appearance of the system, it is believed that the water table may be higher than originally predicted. Therefore, the system continually holds water, including the "vegetative filter strip". - ' SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? m 0 ❑ ❑ Are the inlets located per the approved plans? ■ ❑ ❑ ❑ Are the outlet structures located per the approved plans? N ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ 130 Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■ upon request? Comment: It appeared that the forebays and the vegetative filter strip may be inundated with water continually (and are growing cattails). Cattails should be eliminated from all areas including the wet pond-they crowd out other vegetation and create nuisance conditions. It did not appear that the system was being properly maintained. If you have inspection records- please submit those to this office. If not, please begin regular inspections as noted in the operation and maintenance agreement. The banks near the forebays and wet pond (adjacent to Burns Street) are steep and may continue to erode. These should be inspected regularly and measures taken to ensure that they do not continue to erode. Other Permit Conditions Yes No NA NE Page: 3 A Permit:SW1080102 Owner-Project:United Community Bank-Cashiers NC Inspection Date:09/22/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Is the site compliant with other conditions of the permit? n n n Comment: Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ n n Comment: The system appeared to be working adequately. Prior to the date of inspection, Cashiers had received approximately 12 inches of rain in the prior 3 days. No adverse impacts to surface waters were noted. Page: 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 2, 2009 Ms. Cheryl Benitez, Board Chairman Summit Charter School PO Box 2493 Cashiers,NC 28717 SUBJECT: NOTICE OF VIOLATION Summit Charter School Inspection DWQ Permit Number: SWI081101 NOV-2009-PC-0837 Jackson County Response deadline: November 2,2009 Dear Ms. Benitez: On September 22, 2009, Susan A. Wilson and Chuck Cranford, from the Asheville Regional Office of the Division of Water Quality (DWQ), conducted a site inspection regarding stormwater controls for Summit Charter School. Several violations of the subject stormwater permit (SW1081101) were noted during the inspection and file review, which are detailed in the inspection report and summary pages attached to this letter. REQUIRED RESPONSE This Office requests that you respond in writing by November 2, 2009. Your response should be sent to the attention of Susan A. Wilson, Division of Water Quality, 2090 US Highway 70, Swannanoa,NC 28778 and should address the concerns noted in the inspection document. Your original consulting engineer has also been copied with this letter. You should discuss the outstanding items with him prior responding to this Notice of Violation. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:: www.ncwaterquality.org FAX: 99 70431 Customer Service:1-877-623-6748 �RtllrR�hJ Internet: www.ncwaterquality.org `i` An Equal Opportunity l Affirmative Action Employer Ms.Benitez October 2,2009 Page 2 of 2 Thank you for your attention to this matter. Although violations of the permit were noted during the inspection, the stormwater controls appeared to be working adequately after the extreme rainfall event, and no adverse impacts to surface waters were noted. However, should proper operation and maintenance not be followed, and should the other issues noted in the report not be addressed, it is likely that the stormwater controls will not work properly in the future. Should you have any questions regarding these matters,please contact Susan A. Wilson at(828) 296-4500. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section Enc: Inspection Report Operation and Maintenance Agreement cc: ARO File Copy DWQ Central Files Victor Lofquist, P.E., 11 Citrus Drive, Sylva,NC 28779 Jackson County Planning G:\WPDATA\DEMWQ\Jackson\State Stormwater Management\Summit Charter School\NOV Summit 10 2009.doc Compliance Inspection Report Permit: SW1081101 Effective: 03/10/09 Expiration: Owner: Summit Charter School Foundation Inc Project: Summit Charter School County: Jackson Region: Asheville Contact Person: Cheryl Benitez Title: Phone:828-743-1859 Directions to Project: Type of Project: State Stormwater-Low Density 6W p flIq 4 D&J*Vr` ) Drain Areas: On-Site Representative(s): Related Permits: Inspection Date: 09/22/2009 Entry Time: 11:00 AM Exit Time: 01:00 PM Primary Inspector: Susan A Wilson Phone:828-294-4500 Secondary Inspector(s): Chuck Cranford Phone: Reason for Inspection: Routine Inspection Type:Stormwater Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: ®State Stormwater (See attachment summary) Page: 1 Permit:SW1081101 Owner-Project:Summit Charter School Foundation Inc Inspection Date: 09/22/2009 Inspection Type:Stormwater Reason for Visit:Routine Inspection Summary: Observations (in addition to those pointed out previously) Scour Basin"A" This basin has sediment deposited at the inlet(mainly from the gravel entrance road); stormwater is also bypassing the basin—depositing sediment in the walking path area downhill from the scour basin. Scour Basin"A"should be properly maintained (remove sediment). The permittee should ensure that the entrance road is properly graded to reduce sediment loss; bypassing of the scour basin should be prevented(properly grading the entrance road may alleviate this problem and allow the drainage from the road to reach the drop inlet). The permittee should consult with the original engineering firm or another qualified engineering firm to review this problem. Scour Basin"B" This basin appears to be short circuiting (and reconcentrating flow downslope of the basin). The side slopes of this basin appear to be steeper than 3:1 on one side(this may have been done to save the existing tree near the basin). The underlying matting is being undercut. The permittee should have this basin evaluated by a qualified engineering firm to ensure it works properly now and in the future. BioRetention Basin#1 Erosion is occurring at the rip-rap apron and drainage swale that leads to the inlet(beside the gravel parking area). This is likely allowing additional sediment to enter the bioretention basin, which will create treatment issues if not removed. Sediment was noted at the inlet to the bioretention basin. The basin was filled with stormwater during the inspeciton (due to the previous days appx. 12 inches of rain) and the outlet appeared to be working properly. During the inspection it was difficult to determine how well the grass was growing in the basin. You must ensure that grass is allowed to grow in the basin (if this is not occurring, actions must be taken to seed/straw the retention basin). The outlet of the basin is on a slope above the roadway drainage ditch. It appears that much erosion is occurring around this outlet. Unless measures are taken to correct this issue—the outlet will continue to cause erosion on the bank. If possible, you may wish to direct the outlet to the roadway drainage ditch. - The plans for the project indicate that the parking area above this basin was to have paved aisles and grassed parking areas (and this was accounted for in the impervious surface calculations for the stormwater BMP,the bioretention basin). ` This area is completely graveled with an asphalt basketball court. This is in violation of the approved plans and specifications. To ensure that Bioretention Basin#1 will work properly in the long term—you should contact your engineering firm. Bioretention Basin#2 Sediment from the gravel entrance road is in this basin. This will cause treatment problems unless it is corrected and the basin is properly maintained. Sediment fencing was erected above this basin to prevent sediment from entering, however,this is causing stormwater to short circuit the basin and move directly to the unnamed tributary to Fowler Creek. This issue must be corrected. Also, as noted with bioretention basin#1, grass must grow in the basin. Due to the approximately 12 inches of rain prior to the inspection, it was difficult to determine how well the grass was growing in the retention basin. Page: 2 Permit:SW1081101 Owner-Project:Summit Charter School Foundation Inc Inspection Date:09/22/2009 Inspection Type:Stormwater Reason for Visit:Routine File Review Yes No NA NE Is the permit active? ■ ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? 11000 Signed copy of the Operation&Maintenance Agreement is in the file? ❑ ■ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ■ ❑ ❑ Comment: DWQ has no Operation and Maintenance Agreement on file. Please provide a signed Operation and Maintenance agreement (form attached). DWQ does not have an Engineer's certification on file for Summit Charter School. Your original engineer is being copied with this letter. Please ensure he provides this office with the final certification. Although there is documentation of a proposed deed restriction in our files-we have no copy of the recorded/signed deed restriction. Please provide this office a copy of the deed restriction in your response to this inspection letter. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ■ ❑ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ ■ Is the BUA(as permitted)graded such that the runoff drains to the system? ■ ❑ ❑ ❑ Comment: As noted in the summary, the built upon area for Bioretention Basin # 1 does not correspond to the approved plans. This should be re-evaluated to ensure that the basin can accommodate any additional drainage from the existing and any proposed impervious surfaces. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑ Are the inlets located per the approved plans? ■ ❑ ❑ ❑ Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑ Comment: See additional summary regarding issues with the various stormwater BMPs. From visual observation during the inspection, it appeared that the measures were constructed as designed. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ n ❑ ■ upon request? Comment: Again, see the summary notes regarding each treatment unit and the possible O&M issues for each. If you have your inspection and maintenance records, please submit a copy to this office with the response to this in*ection. Other Permit Conditions Yes No NA NE Page: 3 Permit:SW1081101 Owner-Project:Summit Charter School Foundation Inc Inspection Date: 09/22/2009 Inspection Type:Stormwater Reason for Visit:Routine Is the site compliant with other conditions of the permit? Q Q Q N Comment: Other WO Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? • ❑ 0 0 Comment: At the time of the inspection, it did not appear that surface waters were being directly impacted. However, if the basins are not properly maintained and operated, likely they will not work properly in the future and may adversely impact surface waters. Page: 4 A'f INCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 2, 2009 Mr. Brett H. Irwin P.O. Box 3513 Ponte Vedra, FL 32004 Subject: Request for More Information 401 Water Quality Certification Brett Irwin Property DWQ Project# 09-0881 Jackson County Response deadline: November 4, 2009 Dear Mr. Irwin: -The Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification _.application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. The application states that you propose to install a dry stack wall, 5 feet in height, for a length of 162 linear feet. The submitted attachments do not adequately justify your proposed impacts. Based on the photographs submitted with the application, such extensive stabilization may not be necessary along the indicated shoreline. It is possible that sloping the bank and vegetating it may be a preferred alternative (or another type of natural stabilization may be an option). This, in combination with the existing rock/rip-rap fill, would likely be adequate to stabilize the shoreline. Please provide documentation for your alternates analysis, including, but not limited to, natural stabilization. You should refer to Duke Power's Stabilization Guidance for a baseline of alternatives. The Division of Water Quality discourages the use of dry stack walls as Wildlife Resource Commission information indicates that they have the potential to elevate near field water temperatures and they do not dissipate wave energy, but transfer it to another location. The Division will not approve this type of hard structure unless other stabilization alternatives are deemed infeasible. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org No.AbCarofin.a An Equal Opportunity i Affirmative Action Employer ;UffralllrY Mr.Irwin October 2,2009 Page 2 of 2 Please provide your response in writing to the addresses below prior to November 4, 2009. Four copies of the required information should be provided to the 401 Permitting Unit at: Ms. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Susan A. Wilson Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized(at this time)by the DWQ. Please call Susan A. Wilson(828) 296-4500, if you have any questions. Sincerely, Roger C. Edwards Regional Office Supervisor Surface Water Protection Section cc: Lori Beckwith-US Army Corps of Engineers Asheville Field Office Cyndi Karoly-401 Permitting Unit Jackson County Planning Bob Martin, P.O. Box 304, Glenville,NC 28736 ARO File copy G:\WPDATA\DEMWQUackson\401s\Brett Irwin Prop-bank stabilization\Addlnfo Brett Irwin 10 2009.doc NCDENR North Carolina Department of Environment and Natural.Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 2, 2009 Peter M. Brower Profit Sharing Plan Peter Brower 6806 Via Regina Boca Raton, FL 33433 Peter Brower P.O. Box 212 Flat Rock,NC 28731 SUBJECT: NOTICE OF VIOLATION NOV-2009-SS-0042 Stream Standard Violation- Other Waste (In-stream sediment) Henderson County Response deadline: October 21, 2009 Dear Mr. Brower: On September 23, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection along Lyndhurst Drive in Henderson County. Tim Fox (Henderson County Erosion Control) and Jason Fulton (N.C. Division of Land Resources) were present. Stream standard violations were noted during the inspection. Sediment impacts to an unnamed tributary to Britton Creek, classified as C waters, were documented. The sediment was determined to have originated from property for which you are responsible. VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Approximately 900 feet of an unnamed tributary to Britton Creek,classified as C waters,was impacted by sediment deposition upwards of 12 inches deep throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) ( SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE brie t 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCaxahna Phone:: www.ncwaterqualit�.org FAX:828 299 7043 1 Customer Service:1-877-623-6748 ��'/N��� Internet: www.ncwaterquality.org [Z` An Equal Opportunity%Affirmative Action Employer Peter Brower October 2,2009 Page 2 of 3 REQUIRED RESPONSE �- This Office requests that you respond in writing by October 21, 2009. Your response should be sent to both 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. Stream Standard- Other Waste (In-Stream Sediment) a. Please provide a map that details the surface waters on the tract; including, any surface waters that have been impacted off-site. b. Please submit a Sediment Removal Plan (Plan)to this office for review and approval. The Plan must address removal of the accumulated sediment from the unnamed tributary to Britton 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 development of 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. The Restoration 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. Pictures should be provided every 100 feet. • 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. c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. �9 Thank you for your attention to this matter. This office requires that the violations, as detailed above, be addressed 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) 296-4664. Sincerely, .. ( (f/v /J j✓//y c y V Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Tim Fox—Henderson County Mr. and Ms. Gingras 530 Stoney Mtn Rd Hendersonville,NC 28791 Division of Land Resources ARO File Copy DWQ Central Files G:\WPDATA\DEMWQ\Henderson\Storuiwater Construction NCG01\Boulders\NOV-2009-SS-0042.doe NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 2, 2009 Rudolph and Florence Gingras 530 Stoney Mountain Rd Hendersonville,NC 28791 SUBJECT: NOTICE OF VIOLATION NOV-2009-SS-0041 Stream Standard Violation- Other Waste (In-stream sediment) -Removal of Best Usage Henderson County Response deadline: October 21, 2009 Dear Mr. and Ms. Gingras On September 23, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted an inspection of your property at 530 Stoney Mountain Road in Henderson County. Tim Fox (Henderson County Erosion Control) and Jason Fulton (N.C. Division of Land Resources)were present. Stream standard violations were noted during the inspection. Sediment impacts to an unnamed tributary to Britton Creek, classified as C waters, were documented. The sediment was determined to have been created by the emergency spillway discharge from the impoundment on your property creating a new channel through a wooded area before entering the receiving stream. Also, the routing of the pond discharge water through the emergency spillway has caused a portion of the receiving stream to be dewatered. VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 200 feet of an unnamed tributary to Britton Creek, classified as C waters, was impacted by sediment deposition greater than three (3)inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) ( SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 �u'/N���� Internet: wvvw.ncwaterquality.org Na An Equal Opportunity\Affirmative Action Employer Rudolph and Florence Gingras October 2,2009 Page 2 of 3 II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Approximately 150 feet of an unnamed tributary to Britton Creek,classified as C waters,has been dewatered, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). - REQUIRED RESPONSE The DWQ requests that you respond in writing by October 21, 2009. Your response should be sent to both 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. Stream Standard - Other Waste (In-Stream Sediment) a. Please provide a map that details surface waters downstream of your pond; including, any that have been impacted off-site. b. Please submit a Sediment Removal Plan(Plan) to this office for review and approval. The Plan must address removal of the accumulated sediment from the unnamed tributary to Britton 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 development of 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. The Restoration 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. Pictures should be provided every 100 feet. • 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. c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. Prior to conducting any sediment removal efforts, it is recommended that any necessary repairs to the pond drain valve, spillway conduit and emergency spillway be completed. Otherwise, additional sediment will likely be discharged to the stream. Guidance from Jason Fulton of the N.C. Division of Land Resources (828-296-4500) and Tim Fox with Henderson County should be oe Gingras aught to determine any regulatory needs related to dam repairs. Also, contacting Liz Hair with the U.S. Army Corps of Engineers (828-271-7980) is advisable prior to attempting any of the above-mentioned work. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be addressed 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)296-4664. Sincerely, Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit Tim Fox—Henderson County (e-copy) Liz Hair—USACE (e-copy) Division of Land Resources ARO File Copy DWQ Central Files G:\WPDATA\DEMWQ\Henderson\Complaints\Gingras\NOV-2009-SS-004 Ldoc '� /� ,, �l y ,._ �, ___ __ NC@EN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary October 2, 2009 Mr. Scott Campbell 145 Winners Circle Clyde, NC 28721 Subject: 401 Water Quality Certification - Approval Scott Campbell's Pond Remediation (now, culvert replacement) DWQ Project# 09-0489 Haywood County FRB05 / Crabtree Creek/ 5-22/C Dear Mr. Campbell: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 85 feet of stream for the purpose of installation if two larger-sized culverts at the subject property. No pond or dam construction is proposed now. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 85 (feet) Drawing No. 3909-1098-A, dated August 27, 2009 Location:2090 US.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964001 FAX:828-299-70431 Customer Service:1-877-623-6748 T��One h+ Internet:www,ncwaterquality.org NOrthCarolina An Equal Opportunity 1 Affirmative Action Employer Natltrallbl Mr.Campbell October 2,2009 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office at 828-296-4500. Sincerely, /ft Coleen H. Sullins, Director CHS/saw Enc: GC3687 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit—Central Office Greg Balk, Herron and Associates (e-copy) File Copy G:\WPDATA\DEMWQ\Haywood\401s\Scott Campbell Pond.Project\Approval Scott Campbell 09-0489 culverts 10 2009.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 5, 2009 Charlie Horn PO Box 197 Micaville NC 28755 SUBJECT: Compliance Evaluation Inspection 4161 Hwy 19 East Permit No: NCG551239 Yancey County Dear Mr. Horn: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on October 1. 2009 by Jeff Menzel of the Asheville Regional Office. The facility was found to be in Compliance with permit NCG551239. The current permit has expired. Please submit a permit renewal request. 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 cc: Central Files Asheville Files G SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 NorthCaro/fi/na Internet:www.ncwaterauality.org G:\WPDATA\DEMWQ\Yancey\SFR's NCG55 Naturallff i �/ I �__ � ,- United States Environmental Protection Agency Form Approved. Ep/� Washington,D.C.20460 1—/"1 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 L1 31 NCG551239 I11 121 09/10/0, 117 181C1 191. 1 201 I J Remarks LJ 1_ 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67 I 169 701 31 71 I_I 72 L N I 73 LU 74 751 I 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) 4161 Hwy 19 East 11:00 AM 09/10/01 03/12/05 4161 Hwy 19e Exit Time/Date Permit Expiration Date Micaville NC 28755 11:30 AM 09/10/01 07/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Charlie Horn,PO Box 197 Micaville NC 28755//828-675-0612/ ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations& Maintenance ■Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Finding,/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(, Agency/Office/Phone and Fax Numbers Date d j Jeff Menzel` ARO WQ//828-296-4500/ f/7/L7�J 1 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date r 1/ Roger C Edwards ARO WQ//828-296-4500/ �G�✓' Jr��3 r` EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCG551239 I11 12I 09/10/01 17 18'_I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility is being well maintained. The owner is required to submit a permit renewal request. Page# 2 Permit: NCG551239 Owner-Facility: 4161 Hwy 19 East Inspection Date: 10/01/2009 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ Q n Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids, pH, DO,Sludge ❑ ❑ ■ 0 Judge, and other that are applicable? Comment: The facility is being well maintained. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ■ D n Is the facility as described in the permit? ■ n 0 n #Are there any special conditions for the permit? Q ■ 0 Cl Is access to the plant site restricted to the general public? ❑ ❑ ■ n Is the inspector granted access to all areas for inspection? ■ ❑ Q Comment: The current permit has lapsed and needs to be renewed. Mr. Horn was given a permit renewal form at the time of inspection. Page# 3 �,-_ \` \, i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality 'Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 6, 2009 A&L Lumber Company (NCG210229) Mr. Ralph Laughter Mr. Wade Laughter 206 Will Green Rd. Mill Spring,NC 28756 Dear Mr. Laughter: In August 2009 the Division of Water Quality received a rescission request of Stormwater Permit number NCG210229 covering A&L Lumber in Polk County stating operations had ceased at the facility. On September 15, 2009, I performed a site visit. I have questions regarding the facility that I need to discuss with you prior to closing this permit. Questions about the facility relate to future plans for the site and the results of the analytical monitoring performed at the end of 2008 and the beginning of 2009. The phone numbers on file have been disconnected. Please contact me at the following phone number or respond in writing to the following address. Linda Wiggs Division of Water Quality 2090 HWY 70 Swannanoa,NC 28778 Phone# 828-296-4500 Until the permit is rescinded you are still required to adhere to permit conditions. Please contact me at your earliest convenience to expedite the rescission of the permit. Sincerel , Linda Wiggs Environmental Specialist Cc: ARO File Stormwater Permitting (E-Copy) G:\WPDATA\DEMWQ\Polk\Stormvvater Timber NCGMA&LLumber-letter.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 011e 1 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 NOI�11Cc`1I01111c1 Internet:www.ncwaterquality.org Aw rallty An Equal Opportunity 1 Affirmative Action Employer PUMA Aj'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 6, 2009 Ms. Linda Issacs McDowell Assisted Living LLC P.O. Box 909 Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection Status: Compliant McDowell Assisted Living WWTP Permit No: NCO075353 McDowell County Dear Ms. Issacs: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on September 10, 2009. The facility appeared to be in compliance with permit NCo075353. The kind assistance of Mr. Harry James during the inspection was appreciated. This facility is being well operated. There are a couple of items which need to be addressed: attention should be given to repair of the blower housing foundation and replacement of one of the blower belts. Also, the path down to the facility should be repaired for the safety of the operator. 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, Ext. 4667. SinF y, antwell Environmental Specialist Enclosure cc: DWQ Asheville Files/w/attachment DWQ Central Files/w/ attachment James & James Environmental/ ORC/w/attachment \t IP �TAIifE,v411n fi.1c faw:ei3?75353 McDowell Assisted Livin g\75353 CE!,09.do c SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NOl"111CaTOliria Phone: (828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 // Internet:www.ncwaterguality.org Naturally �__ I�✓� 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 IsI 31 NCO075353 I11 121 09/09/10 17 18ICI 19IsI 201 I Remarks 211III IIII IIIIIIII I I I I I I I I I IIIIIIII IIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------------Reserved---------------------- 67 I 169 701 I 71 I_I 72 I N I 73' I 74 751 I I I I I I 180 Section B: Facility Data u_1 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) McDowell Assisted Living WWTP 01:45 PM 09/09/10 05/05/01 Rt 9 Box 415 Exit Time/Date Permit Expiration Date Marion NC 28752 02:20 PM 09/09/10 09/12/31 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Linda Issacs,PO Box 909 Marion NC 28752//828-652-3033/ Contacted Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance Records/Reports Self-Monitoring Program 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),—I, Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Foa 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) �l 3I NCO075353 I11 12I 09/09/10 1 17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) \ Harry James/ORC/of James & James Environmental assisted in the inspection. The permit will expire December 31, 2009. Your permit renewal was received in Raleigh on August 3, 2009. The logbook was on site. A full current copy of the permit should be maintained on site. The smell of burning rubber was coming from one of the blowers: one of the belts was hot and should be replaced. There was a rotting 2 X 4 under one of the legs of the blowers that should be replaced before it rots through and tips over the blower. Gravel on the walkway down to the plant has washed away leaving a slick muddy path for the operator to traverse. This is especially difficult during bad weather and should be repaired for the safety of the operator. Page# 2 Permit: NCO075353 Owner-Facility: McDowell Assisted Living W TP Inspection Date: 09/10/2009 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ n n Is the facility as described in the permit? ■ n n #Are there any special conditions for the permit? ❑ ® n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The permit will expire December 31, 2009. Your permit renewal was received in Raleigh on August 3, 2009. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n ❑ 0— Judge,and other that are applicable? Comment: Gravel on the walkway down to the plant has washed away leaving a slick muddy path for the operator to traverse. This is especially difficult during bad weather and should be repaired for the safety of the operator. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? n ■ n n Is all required information readily available, complete and current? n ■ n n Are all records maintained for 3 years(lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain-of-custody complete? n n n ■ Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete:do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? ■ ❑ n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n ❑ Page# 3 Permit: NCO075353 Owner-Facility: McDowell Assisted Living VWVTP Inspection Date: 09/10/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ n n Is a copy of the current NPDES permit available on site? n ■ n In Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: The logbook was on site. A full current copy of the permit should be maintained on site. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots?. ■ n n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ ■ Is the DO level acceptable?(1.0 to 3.0 mg/I) n n n \ �' Comment: The smell of burning rubber was coming from one of the blowers: one of the belts was hot and should be replaced. There was a rotting 2 X 4 under one of the legs of the blowers that should be replaced before it rots through and tips over the blower. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n In Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Page# 4 Permit: NC0075353 Owner-Facility: McDowell Assisted Living WWTP Inspection Date: 09/10/2009 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ❑ ❑ ❑ 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? n ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ® n n 0 Is there chlorine residual prior to de-chlorination? ❑ n ❑ 0 Comment: De-chlorination Yes No NA NE Type of system? Tablet 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? w n ❑ ❑ Comment: Are the tablets the proper size and type? ® ❑ ❑ ❑ Are tablet de-chlorinators operational? ® ❑ ❑ ❑ Number of tubes in use? 2 Comment: l' Page# 5 RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 6, 2009 Larry Carver City of Marion PO Box 700 Marion NC 28752 SUBJECT: Compliance Sampling Inspection Corpening Creek WWTP Permit No: NCO031879 McDowell County Dear Mr. Carver: Enclosed please find a copy of the Compliance Sampling Inspection conducted on August 18, 2009. The facility appeared to be in Compliance with permit NC0031879. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Larry Dean Carver, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarofiina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �atul Q[[� Internet:www.newaterguality.org G:\WPDATA\DEMWQ\Mcdowell\Corpening Creek WWTP 31879 \�..i m N C � U d E cr c L 7 d N � � m U N U � O O m w N > G > 3 p m o c o. > `o E 0 g � W N i .N E c o p O m a Ep N N U C 0_C c 3 rn � E g c r \ U N d uZ m 'u. c ca `o a Q L p E w �EoE LL.00 'CO @ ova o0 0 .a NON m.� z . N p y U y w d N z N 3 o az 3° U m� No a)yo N'm F-W LL I-m ¢m .12 ol ww W u 0 U w w O j Z. 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CD O 'v m y W K. 3 T. o v O 3 m - y m 0 s O F m m o m j D sa w N (on z n ° o M c j So A m 3 � W of n � 3 m b C ryry f° V 1 1 ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O �. m ❑ ❑ ❑ ❑ z ■ ■ ❑ ❑ ❑ ❑ ❑ ❑ z ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ y V # ❑ ❑ ❑ ❑ m ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ m ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ z m A Z Z ❑ ❑ ❑ ❑ ❑ ❑ Z Z ❑ ❑ ❑ ❑ ❑ ❑ a � = h E C O _ m u o w c � m o v .€ ry u n v Y r h N � rn v m � GuG 0 _ m m Z 0 0 - $ E12 a r a E w���,n.w■ram NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 6,2009 Macon County DWQ Project No. 091027 NCSR 1347(Goshen 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 Huckleberry Creek, Beasley Creek and in four (4) unnamed tributaries to Beasley Creek, for the purpose of widening NCSR 1347 (Goshen Road) in Macon County: Stream Impacts in the Little Tennessee River Basin Site Permanent Streambank Permanent Fill in Temporary Total Stream Stream Fill in Stabilization in Perennial Stream Dewatering in Impact Impacts Intermittent Perennial Stream (linear ft) Perennial Stream (linear ft) Requiring Stream (linear ft) (linear ft) Mitigation linear ft linear ft Site 1 0 0 10 65 75 0 Site 4 0 0 25 75 100 0 Site 5 0 0 15 80 95 0 Site 6 0 0 13 70 83 0 Site 7 0 0 15 76 91 0 Site 8 0 0 20 85 105 0 Site 9 0 0 15 65 80 0 Total 1 0 1 0 1 113 516 1 629 0 Total Stream Permanent Impact for Project: 113 linear feet. Temporary Impacts for Project: 516 linear feet. The project should be constructed in accordance with your application dated September 14, 2009(received September 22, 2009), 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. - SURFACE WATER PROTECTION SECTION-Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 1�7 L, Customer Service:1-877-623-6748 One 1 v 01 tl lCa1'01111a Internet:www.ncwateroualitv.oro 1�� An Equal Opportunity 1 Affirmative Action Employer Na��ira[! Mr.J.B. Setzer, P.E. October 6,2009 Page Two This approval is valid solely for the purpose and design described in your application(unless modified below). Should your project change,you must notify NCDWQ 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. 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. 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. 4. The permittee shall use/Design Standards in Sensitive Watersheds/[l5A NCAC 413.0124(a)-(e)] in areas draining to (WS-I,WS-II,ORW, HQW or Trout)waters. However, due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet, or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Coir fiber matting shall be used in conjunction with appropriate seeding on disturbed soils involving steep slopes in riparian areas, and should be secured in place with staples and wherever possible include installation of live stakes of native trees. Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. Azer P.E. ,r 6, 2009 c Three 5. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures.The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 6. If multiple pipes or barrels are required,they 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. 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. 8. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the brook trout spawning season of October 15 through April 15 to protect the egg and fry stages of trout from site 6 and all sites upstream, and work on sites 1,4, and 5 must be avoided during the rainbow trout spawning season of January 1 through April 15. 9. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to the stream channel shall be temporary and revegetated with native riparian species. 0. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW)or Water Supply I or 1I(WS-1, 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. 11. 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. 12. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 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. 13. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 15. 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. 16. 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. 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. 9. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. Mr.J.B. Setzer, P.E. October 6,2009 Page Four 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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 23. 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. 24. 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 NCDOT Division Engineer and the on-site project manager. 25. 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. 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 or Federal law. If NCDWQ 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,NCDWQ may reevaluate and modify this certification 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. ;- 28. 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, 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 91027(Setzer)NCSR 1347(Goshen Road) NCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 6, 2009 Scott D. Klein, Director of Facilities & Grounds Penland School of Crafts P.O. Box 37 Penland, N.C. 28765-0037 Subject: Permit No. WQ0034366 Penland School of Crafts Penland School of Crafts Dormitory Wastewater Collection System Extension Mitchell County Dear Mr. Klein: In accordance with your application received September 21,2009, we are forwarding herewith Permit No. W00034366, dated October 6, 2009, to Penland School of Crafts 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 Don Price 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 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Penland School of Crafts October 6, 2009 Pag , 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 Penland School of Crafts for the construction and operation of approximately 350 linear feet of 6 inch gravity sewer to serve Penland School of Crafts dormitory serving 36 students, as part of the Penland School of Crafts dormitory project, and the discharge of 2160 gallons per day of collected domestic wastewater into the Penland School of Craft's existing sewerage system, pursuant to the application received September 21,2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; AND, The sewage and wastewater collected by this system shall be treated in the Penland School of Crafts on-site Wastewater Treatment Facility, construction of the subject wastewater collection system shall not commence until approval for the construction and operation of the on-site Wastewater disposal system has been obtained from the Toe River Health District in Mitchell County, and 50% construction of the on-site disposal system is obtained. 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 Don Price at (828) 296- 4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Mitchell County Building Inspector ARO, Surface Water Protection John T. Coxey Cows. Engineering, P.A. Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 W00034366 Penland School of Crafts, Dormitory Project, Mitchell County October 6. 20%. 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 t NO W00034366, Penland School of Crafts, Dormitory Project Mitchell County October 6, 2009 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 6th DAY OF OCTOBER, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Col en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034366 3 PERMIT NO W00034366 Penland School of Crafts, Dormitory Project Mitchell County October 6. 2Cr. ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: 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 Penland School of Crafts for the construction and operation of approximately 350 linear feet of 6 inch gravity sewer to serve Penland School of Crafts dormitory serving 36 students, as part of the Penland School of Crafts dormitory project, and the discharge of 2160 gallons per day of collected domestic wastewater into the Penland School of Craft's existing sewerage system, pursuant to the application received September 21,2009 and in conformity with 15A NCAC 2T. 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; 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 nT NO. WQ0034366, Penland h l of Crafts, DormijQr4 Pr Mitchell County October 6. 2009 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. �\ �._, `.�; ��i 4a�^ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 7,2009 Connie T. South, Town Manager Town of Cajah's Mountain 1800 Connelly Springs Road Lenoir, N.C. 28645 Subject: Permit No. WQ0034379 Town of Cajah's Mountain Floral Drive Area Sanitary Sewer Wastewater Collection System Extension Caldwell County Dear Ms. Smith: In accordance with your application received September 30, 2009, and additional information - received on October 5, 2009, we are forwarding herewith Permit No. WQ0034379, dated October 7, 2009, to the Town of Cajah's Mountain 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 Don Price 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. I 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 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Cajah's Mountain October 7, 2009 Pas 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 Cajah's Mountain for the construction and operation of approximately 14,500 linear feet of 8-inch gravity sewer; to serve 122 Residential Homes @ 360 gpd/home as part of the Floral Drive Area Sanitary Sewer project, and the discharge of 43,920 gallons per day of collected domestic wastewater into the City of Lenoir's Gunpowder Creek WWTP's existing sewerage system, pursuant to the application received September 30, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; The sewage and wastewater collected by this system shall be treated in the City of Lenoir's Gunpowder Creek Wastewater Treatment Facility (Permit No. NC0023736) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between the Town of Cajah's Mountain and City of Lenoir for the collection and final treatment of wastewater is in full force and effect. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Caldwell County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NCO023736 The Wooten Company, Hickory, N.C. City of Lenoir's Gunpowder Creek WWTP Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 PERMIT NO.W00034379,Town of Caiah's Mountain Floral Drive Area Sanitary Sewer, Caldwell County October 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 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 :aIIT NO.WQ0034379.Town of Caiah's Mountain, Floral Drive Area Sanitary Sewer, Caldwell County October 7,2009 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, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION fb Ca en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034379 3 PERMIT NO WQ0034379 Town of Caiah's Mountain Floral Drive Area Sanitary Sewer Caldwell County October 7, ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: The Town Of Cajah's Mountain proposes to construct and operate approximately 14,500 linear feet of 8- inch gravity sewer; to serve 122 Residential Homes @ 360 gpd/home as part of the Floral Drive Area Sanitary Sewer project, and the discharge of 43,920 gallons per day of collected domestic wastewater into the City of Lenoir's Gunpowder Creek WWTP's existing sewerage system, pursuant to the application received September 30, 2009. 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 (❑ 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 SUPERV#SOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 MIT NO.WQ0034379 Town of Caiah's Mountain Floral Drive Area Sanitary Sewer Caldwell County October 7 2009 to 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. WCDEINR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 7, 2009 Mr. Garvin Trinks, Maintenance Director McDowell County Schools 2107 Sugar Hill Road Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection Status: Compliant Nebo Elementary School WWTP Permit No: NCO067148 McDowell County Dear Mr. Trinks: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on September 10, 2009. The facility appeared to be in compliance with permit NCO067148 and is being well operated. The kind assistance of Mr. Harry James during the inspection was appreciated. 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, Ext. 4667. Sincerely, net Can Environmental Specialist Enclosure cc: DWQ Asheville Files w/ attachment DWQ Central Files w/ attachment James & James Environmental/ ORC w/ attachment G-:\. tPDATAIDEr kIVQ'Nlcdoweil\67148 Nebo School SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 /i Internet:www.ncwaterguality.org Naturally United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 OMB No.2040-0057 C �1 Water Com pliance Inspection-Report ort 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 I NI 2 I SI 11 NCO067148 111 121 09/09/10 117 181 CI 191 SI 201 I Remarks 2111111111 I III IIII I ill 11 l l 111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----—-----------------Reserved---------------------- 67 I 169 701 I 711 I 721 NJ 73 L1J 74 751 I I I I I Li 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) 03:00 PM 09/09/10 05/05/O1 Nebo Elementary School WWTP 320 S Main St Exit Time/Date Permit Expiration Date Marion NC 28752 03:30 PM 09/09/10 09/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Garvin Trinks,709 Sugar Hill Rd Marion NC 28752//828-652-5504/ Contacted yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance ®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)of Inspector(s)t�� Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ e Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ✓ '� EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO067148 (11 12I 09/09/10 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Harry James/ ORC assisted in the inspection of this facility. The permit will expire December 31; 2009. Your permit renewal was received in Raleigh July 10, 2009. This facility consists of a septic tank/surface sand filter. There were two tubes of chlorine disinfection tablets and one tube of dechlorination tablets. The Annual Performance Report has been filed for the year. The effluent discharge pipe area appeared to be clear. The facility appears to be well operated. Page# 2 Permit: NCO067148 Owner-Facility: Nebo Elementary School V W FP Inspection Date: 09/10/2Q09 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ® n n n Is the facility as described in the permit? ® n n n #Are there any special conditions for the permit? n ® n n Is access to the plant site restricted to the general public? ■ In n n Is the inspector granted access to all areas for inspection? ® n n n Comment: The permit will expire December 31, 2009. Your permit renewal was received in Raleigh July 10, 2009. Operations$ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ n E n Judge,and other that are applicable? Comment: Page# 3 4 i1CID6E R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary October 8, 2009 Mr. Mike Decker, Town Administrator Town of Franklin 70 West Main Street Franklin, N.C. 28737 Subject: NOTICE OF VIOLATION Permit No. WQCS00101 Town of Franklin Town of Franklin Collection System Macon County Dear Mr. Decker: A review has been conducted of the Town of Franklin's Collection System self reported Sanitary -Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the Town of Franklin's Collection System Permit (WQCS00101) and/or G.S. 143-215.1(a)(1). The violation is summarized below: NOV# Violation Location Cause Volume Date NOV-2009-DV-0283 9/21/2009 Manhole - 15 69-2 Inflow & Unknown Infiltration The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incident. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Please inform us in writing what actions the Town of Franklin has taken to reduce the possibility of this type SSO occurring again. 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 V One �arQljjZa Internet:www ncwateraualit.00ng An Equal Opportunity 1 Affirmative Action Employer Rl�lltll��l�J of Franklin October 8, 2009 Page 2 ,ou have any question regarding this NOV or our policy relating to issuance of NOVs or Civil r'enalties for SSOs please contact Don Price in our Asheville Regional Office at 82$ 296 4500. Sincerely, �> d Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Surface Water Protection Central Files Don Price �`�. 1 �J (w_�,�@@28 4540 ,0Az' , Ford GS-SSO csil�c6®n ysa�4f�cr4ie � Form ��r elf, ONA n,..... .. PART I of the first kn® edge of This form shall be submitted to the appropriate DWO Regional Iice''wlthlrt fEye dam the sanitary sewer overflow (SSO). 6 P©rmit Dumber lw ®� , (WQ S#if active,otherwise use treatment plant NC/WQ#) �.�-- _ Incident# Facility: Region: Ownor Country: City: on Station Pump Source of SSO(check applicable): Sanitary Sewer ® e SPECIFIC location of the SSO(be consistent in description from past reports er d,:57o umentation-i.e.pump Station 6, Manhnla at Westnii&Sragg Street,etc.) ; Longitude(degreesiminu /s ond)- l.atitud©(degreeslminutelse nd): Qq j Incident End Dt: ® ` Tlmw- incident.Started fat; Time hh;mm AMIPM hh:Mm AMIPM (mm-dd-yyyy) (mm-dd-yyyy) /��!/�/nr.� gallons Estimated Duration(hound to nearest hour): Estimated volume of the SSO: Describe how the volume was dotormined: Weather conditions during SSO event: Did SS®roach surface water Yes®No❑ Unknown volume reaching surface waters(gallons): t `Surface water name: 'Did the SSO result in a fish kill? Yet;y�No❑ Unknown if Yes,what Is the estimated number of fish ki►led?---®� SPECIFIC causes)of the SSO, / ❑ Roots . Severe Natural Condition El Grease ❑ Inflow and Infiltration ❑ Pump Station Equipment Fallure .® Power outage ❑ Vandalism ❑ Debris in line ❑ other(Please explain in Part 11) m adiato 24-hour verbal notification reportod to: Date(mm-dd-yyyY), � �' ® Time(hh:mm DWO ® Emargency Mgmt. If an SSO Is ongoing,please notify Regional Office on a daily basis until SSO can be stopped. wagtownter to surface Per G-s. 143-215.1 C(b),the responsib 't�l g°f a hours of first knowledge l dge torge Of 1 000 ®all Print and electronic ns or more of news media providing general waters shall issue a Dregs release coverage in tho county w ere a scharge occurred.When 15,OOQ¢oflo m shall be provided ded to the Pivlslon within C o days_ waters,a public no)Ice shall be published within 10 days and pro publication Refer to the referenced statute for further detall. Tho Director, Division of Water Quali may take enforcement action for SSOs that are required to be reported to Division unless it 1s demonstrated that 1)the discharge was caused by severe natural conditions and therm were no feasible alternatives to the discharge;or 2)the discharge was exceptional,unintentional,temporary and caused by factors beyond the reasonable control of the PormittaO and/or owner,and the discharge could not have been prevented by the exercise of reasonable control. Part 11 must be completed to provide a justification claim for either of the above situations.This Information will be the basis for the determination of any enforcement action.Therefore,It Is important to be as complete as possible. -WHETHER OR NOT PART II IS COMPLETED, A SIGNATURE IS REQUIRED AT THE.END OF THIS FORM. CS-SSO Form October 9,2003 Page 1 TO;9882E3'S Have educational Material.,?bout grease b8en dfstribu ted in Ohs part? When? 0YOSO No CINAL. and to wherry? Explain? IF the SSO occurrEd at a pump station,when was the we4 well a accumula4lon? nd pumps last aheched for grease were the floats clean? Comments: ®YP,�No❑NA ON E R,00ts Do you have an active root control program? Describe ❑YeRO No EINA�NE Have cleaning and in;,poctlons over been increased at this Io cation because of roots? xplaln: �YesO No❑NA L NE i What corrective actions have been acco associated with the Ssor mPllshed at the sSO location(and surrounding system if What corrective actions are planned at the 880 location to reduce root intrusion? Has the line been smoko tested ar vid000d within the past year^; If Yes.When? �Ye.�J No EINA®NE Comments: Infbw and Infiltr�tlon Are you under an sOC(Specle Order by Consent)t addr©ssas tll? n)or do you have a schedule in any permit that o �) CS=ggp Form October%20pS /" Page 3 Has -J If Yes,whc Has the line been smc, If Yes.when and Indicate what actions a,, O Are thorn III related projects in your Capital Improvoment h,, If Yes,explain: WOa'y Havo there bean any grant or loan applications for III reduction projects? JNE If Yes,explain: Do you suspect any major sources of inflow or cross connections with storm sewers? DYe No DNA DNE If Yes,explain: Have all lines contacting surface wafters In the SSO location and upstream been inspected recently? LPYOSLJ No DNA ONE If Yes,explein: What other corrective actions are planned to prevent future III related SSOG at this location? Comments: Pump Station Equipment Failure (Documentation of testin records_ etc shout be provided upon request.) What kind of notification/alarm systems ara prosent? Auto-dialer/telemetry(ono-way communication) Dyes CS-SSO Form October 9, 2003 Pegg 4 Title, Telephone Number: Any additlonai Information desired to be submitted should ho aant to i th knowledge of the S3O with reference to the incident number(the incident number s orn en is Completed, t used). a nue s Division Regional Office within five days of first Y 4 crated whon electronic entrY of this form j CS455O Farm October 9,2003 `" Page Ise NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 8, 2009 Joseph M. Moore, II, City Manager City of Brevard 151 West Main Street Brevard, North Carolina 28713 Subject: NOTICE OF VIOLATION Permit No. WQCS00084 City of Brevard City of Brevard Collection System Transylvania County Dear Mr. Moore: review has been conducted of the City of Brevard's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the City of Brevard's Collection System Permit (WQCS00084) and/or G.S. 143 215.1(a)(1). The violation is summarized below: FNOV-2009 V# Violation Location Cause Volume Date -DV-0284 g/20/2009 Manhole @ Gallimore Severe 370,376 Rd. Sewer Lift Station Inflow gallons and Infiltration NOV-2009-DV-0285 9/20/2009 Inside fence @ Neely Severe unknown Rd. Sewer Lift Station Inflow and Infiltration One 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1877 623.6748 NorthCarolina Internet: Opp ncwaty\Affirmative �at"i � An Equal Opportunity 1 Affirmative Action Employer ,eph M. Moore October 8, 2009 Page 2 The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. You should take remedial action in response to this incident. Remedial action should include identification of the cause of the SSOs and implementation of all measures necessary to prevent recurrence. Please inform us in writing what actions the City of Brevard has taken, or is taking to reduce the possibility of this type SSO from occurring again. If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Don Price in our Asheville Regional Office at 828 296 4500. Sincerely, N,. LA L Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Surface Water Protection Central Files Don Price e. oaz�oo9 __ , _ IFpX18288846892 ��,9 Form CS-SSO 1, nary Sewer Overflow RepOrf PTrm S stem San PAR Q '1lr�tgR � Collect9on y -- "{ i 1 , days e Of of the first knowledg within five v,'I ve i be submitted toAthe aRr°prlate DWQ Rgg(a a( _ Fhis form shal SSO). WQCSD#) the sanitary sewer overfla` 4; othervris us 2 0 8 WQCS#if active, t } incident RSk eville .'ermit Number' WQCS 0 0 0 fj�. - ( Region: lvania TxansY _------'�—' w4 cs County' Facility: City of Bra_ evaz� owner. 8----- rd (� station t lift Station Simon s, n Sanitary Sewer oPrfus apdocumentation-i.e pump t Station City: licable): astrep d Skewer lift checkaPP descriptionfromP gpa Source of SSO( SSO(be consistentin at Gallimore on oflhe Manhole 35 .223223 3687589 SPECIFIC focati Street,etc.) Manhole at Westall&Bragg reestminutersecond): p 5 exit t;77323471 Longitude(de9 Q9 Time: 1 Manhole# BC-0 0 2 _8 2.7 2 7 9 0 9-21- hh:m►�AMIPM 45 am tnc}dentEnd•Ot Latitude(degreeslminutefse2 0- f (nun-dd--Yf ) t hour): 2� Q 9-2 0 0 AMIPM Estimated Duration(Round to nearer et. ed Dt hh:mm ed workshe Incident Start gallons ume D i S char (nm dd�lYyY) 3 7 0,3 7 6 volume of the SSO: See attached Vol area �loodin - 376 Esgmated determined: event with allons}: 370 volume was determ Severe rain Surface waters(g 1-- Describe how the SSO event: Volume reactring ©YesO NO Unknown ,heather conditions during umber of frsh lolled?r— surface waters? Bra nch if Yes,what is the esIimated n Did SSO reach Sin iri �Yes � Unknown Surface water name: No (1 Roots Did the SSO results of�th�SISO: (� Grease [� Power outage SPECIFIC causeO u} ment Failure lain In Part 11) Severe Natural Condition n Pump Stalron Eq P n Other(Pleas13 e explain inflow and Infiltration 0 Debris in line Center 3.00 a►n (� vandalism envy Call AMIPM)=- Bmer ) 9-2� Time(hh:mm Pipe Failure(Break) of person contacted dd-yyyy� stopped• notification(name P pate(mm- can be 24-h0ur verbal Emergency M9mt daily basis until So eneral pWot Regional Office on a more of untreated wastewatertoov df ace 9 ati allons or media p is ongoing,P}ease notify of 1,000 g rint and electronic news weer enters surface If an 550 of a dischargea to all P within 30 days- ,plea P. know ore of untreated worth 15.1C(b),the responsiblewithin 48-hours men 18 DOD gallons or m all be provided to the Division per G.5.143 2 ress release a occurred. and Proof of publication sh waters shalt he ceonw e e ischarg in 1Q days shall be published w}th aired to be reported to Division Unlessit coverage in the Mute for further detail. at are req ,Haters a public notice on for SSOs that Refer to there erence take enforcement acti Division of Water Quality,may a+jves to the discharge,or a Perrnsttee The Director, ere were no feasiblebeyond the reasonable control of e a raj conditions aand eased by fad is em4n severe natu orary was caused by temp the exercise of reasonable control.lion w�}I be the bass 1)the dischargetional,unintentional, prevented by This informs 2)the discharge was exceP a could not have been P e above situatlans. net,and the d{schar9 er of this lete as possible. and[or own, provide a justiflcatian claim for girth ORM leted to p }t is import to be as comp 01 THIS F on.Therefore, THE END Page 1 Part 11 must be comP enforcement acti IS REQUIRED AT forthe determination of any A SIGNATURC \NI-IETHER OR NOT PART ll iS COMPLETED, CS-SSO Form 09/23/2009 8:4q ---- BREVARD PUBLIC --- --------- WORKS ----- (PAX)8288846892 rtptEitS$RE� a PUB CM OF BREVE ERVI ° IC S CE3 DEPgR 'n 8RE VARD,NOR Tg C, OTNT 1' SEP AAr,r iJ.._rr1^1�fri; r s alr d r ICN z. To: Roybavis,NCDENR Fax 828 299-7043 Fiam Joseph M Mbo� � City.i�nagar Ph°ne- 828 296-4659 Peres: g ------------------------------- Re: Ste. Date: Septuber23 2 YSerf pre�"/imv—S'SO 009 208 Cc: Ado Ltrl� Sesvices,D• Public hector uY Cowes ORC Sewer Collection©went ®FarReview ❑please Comment - pleaseReply ©Please Recycle Please find doc 20,2009 within he nts for a recent City ofBrevard sanit _ `O 208. sewer over that occurred urred on Se you should need Ptember Y additianal information,please do not hesi Joseph M. Mo tate to contact: David Lutzore,II 828-885-5610 Anthony Coward 828-884 2I7I,.fix Letha Cox 828-553-7456 2 828-884-2171,Ext 2 232 pus BrevA Notes t��Cc�Mft"Ra 28712 � uLlicse�c�citvo IbrcvntU.cv*n OlTice; (828,g84-2171 Pax: (A"889 G891 96892 P. 003/009(FAX) 82888 utt,,rHau rubt.,U wuttKs ` ' n (hurricane,tomado, etc.) are Na tural Condition Describe the"severe natural condition"in detail? Heavy rainfall for several days. Now much advance warning did you have and what actions were taken in preparation for the event? Heavy rainfall was n forecast for the weeked and staff was alerted of the paten ial for or overflow ev 0 occur. Comments: Rain had continued for much of the previous week with additional accumulations expected, flooding conditions for the area were predicted. Page 3 CS-SSO Form I; 09/23/2009 08:46 BREVARD PUBLIC WORKS (PAX) 8288846892 Inflow and Intiftration Are you under an SOC(Special Order by Consent)or do you have a schedule in any permit that X addresses 1/17 Ye0 Na NAn NE Explain if Yes: What corrective actions have been taken to reduce or eliminate I&I related overflows at this spill location within the last year? An I&I elimination program was implemented in 2006 and continues. Has there been any flow studies to determine 1/1 problems in the collection system at the SSO location? _, Ye-No F1 NAn NE If Yes,when was the study completed and what actions did it recommend? Has the line been smoke tested or videoed within the past year? ❑Ye X No Q NAn NE If Yes,when and indicate what actions are necessary and the status of such actions: Are there Ill related projects in your Capital Improvement Plan? D YeQ No❑NA[]NE If Yes,explain: CCTV sewer system inspection, replacement of identified sanitary and and storm sewer lines, line cleaning and replacement where necessary, flow monitoring, and the Gallimore Road force main replacement project. Have there been any grant or loan applications for III reduction projects? n Y.Q No n NAn NE If Yes,explain: A NC Rural Center Capacity & Supplemental Grant application was submitted in December, 2007. Do you suspect any major sources of inflow or cross connections with storm sewers? Ye0 No n NAn NE If Yes,explain: The overflow event occurred during heavy rainfall. Have all lines contacting surface waters in the SSO location and upstream been inspected recently? f]Ye0 Na n NA❑NE If Yes,explain:All stream crossings within the basin were inspected during July, 2008. What other corrective actions are planned to prevent future III related SSOs at this location? I&I study, video inspection and jet vacuum cleaning equipment. Comments: CS-SSO Form Page 6 nnnvKnu PUBLIU WUKKS (FAX) 8288846892 P. 005/009 stem Visitation n Yes ORC Backup ❑Yes Name: Anthony Coward 23062 Cert# Date visited: Sept 20, 2009 Time visited: 1:45 am How was the SSO remediated(i.e.stopped and cleaned up)? overflow debris were removed and lime spread on area. As a representative for the responsible party, I certify that the information contained In this report is true and accurate to l e b o my owe ge. Person sulamitting claim: Anthony Coward Date: September 21, 2009 Signature: Title: OPC Sewer Collections Telephone Number. 828-884-2171, Ext. 2 Any additional information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first Knowledge of the SSO with reference to the incident number(the incident number is only generated when electronic entry of this form is completed,if used). CS-SSO Form Page 15 1-` 09/23/2009 08:47 BREVARD PUBLIC WORKS (FAX) 8288846892 w�+ BEAUTIFUL r BREVARD CITY OF BREVARD PUBLIC SERVICES DEPARTMENT \ SEWER COLLECTIONS DIVISION Y \ Volume(gals.)"Untreated Wastewater"Discharged Date of Report: Monday, September 21, 2009 SSO 208 Location of Spill: Gailimore Road Pump Station Date of Spill: Sunday, September 20,2009 Prepared By: Anthony Coward, ORC Sewer Collections Approved By: David Lutz, Public Services Director TIME(From SCADA Flow Chart) STEP 1 Convert Time(hours and minutes)to Minutes Enter date and;aime(i a 9/1%06 16 00) F,ccel,tinnl!coriVerts"clack time mto'decimal hours by;subtracting End Time from Start Time'X 24;(Must use:24 hour cloclrtime pm wilL.ti"0. 6 00) _...... Start Time End Time Total Hours Total Minutes 9/20/2009 1:45 9/21/2009 0:05 22.33 i i DISCHARGE RATE STEP 2 Calculate Bypass Discharge Rate GPM Pipe Max Flow(use calculation from Excel"Calculation of Sewer Line Flow at Any Depth"work sheet) enter number 1,276.40 Pump Station Max Flow(see"Conditions: (for Lift Station Spec Sheets) 1,000.00 enter"Conditions gpm"number Discharge Rate(Excel will calculate by subtracting Pump Station Max Flow from Pipe Max Flow) VOLUME DISCHARGED STEP 3 Total Calculations of Volume Discharged Discharged7otal Volume •. Total Volume Discharged;(gallons)is;calcuWdd by taking TOTAL Ml UTES.X"PIPE MAX FLOW. . SSO Volume Discharge-Revised 11-13-2008 A F, ra as k a-N",,,„� ,-rn.aacagGawrsz a�u«:e i 1 � z a�+a Comma ati°°a .��, 7yA+ra �v*fib '.-aat e1r+^' #�HKNeYrwmi.°+' "3 F„A ii �£b6xbAhF.Vr.`KWkin9> aaKMhV aKaex f3, k r, a. dOX http://www.tva.gov/cgi-bin/pdet?postnainpage 9/23/2009 Med-- ia Na_tificqfion Transylvania Times WLOS Television WGCR Radio Station WSQL Radio Station V. UUL/UU6 ICH1.12SLiSb2S9biS9L _.._.DItG1 tIIU . CUD,LEI l NU.[LAB • Faun cs-sso vNr�z ,q IsJ`sem Sanitary Sewer Overflow Reportin ART W S 10 OHO b�Ictlon y P A s, � n r .O.:� th five days of the first knowledge Oft�e,a�ipropnate bWC�Reglon�l ff This farm shall be submitted tary sewer overflowth�sani ( se use W4 SD ) Permit Number: V1QCS00S4 - (WQCS# d active,otherwi Incident# 209 yP> Region: Asheville a Cit of Brevard wWCS Trans lania Facility: ar County: Of Cit Carolina ,Owner. North Station Brevard Station!lift on 5, City: [ Sanitary Sewer Pump on-i.e.Pump Station station. (check astrepoordacumentati ewer lift source of s50( on from P Neel Road s on Of SSO(be consistlz isidefence at the SPECIFIC locati street,etc.) 35.235533821.6524 Manhole atWestall&Bragg 'Manhole# LO-0 01 Time: 7 =3 0 m d: _ 222�2 9_ 9 Longitude(degr 9n econd): hn:rnm AMIi'M Latitude(degrees/minutetsecon ) 5-0 0 am Incident End MI 9_2 0.-2 0 0 9 Time: =-- (mm-dd-YlM') (Round to nearest how):---�"""— Incident Started iJC hh:mm AMIPM (rAM-dd�) Unknown g allons Estimated Duration(R Estimatedvolume of the SSO: accumulation of 6 31 inches n a rainfall with (gallons): TTn kxiown Describe how the volume was determin Severe surface Waters SSo event: Unknown Volume reaching Weather conditions during O Yes No Did SSO reach surface waters? l=! 1 Lambo Creels whathe esti mated number offish wild? Surface water name: NoQ Unknown If Yes, t is Did the SSo result in a fish kill? Yes [] Roots SPECIFIC causes)of the SSO: 0 Grease 0 power outage °n Equipment Failure lain in Part Il) Severe Natural Condition ❑ Pump Staff d infiltration (� Other(Please exp Inflow an ❑ Debris in line C)Vandalism Call Center 5-15 am () pipe Failure(Break) Eme eriC e of person contacted ��0 D 9 Time(hh:mm AM1i'M)' 24-hour verbal.n....�oti•�fication(nam Date(mm-dd-Y�`):0 13 DWQ r ] Emergency M9mt lease notify Regional Offlce on a daslor basis more of ulntreattel SSO d wastewater to surface eneral t}00 gallon media providing g if an SSO Is angoin9,p of a discharge f 1' water enters surface b the responsible party knowledge to all print and electronic news m 30 days. per G.S.143-215.1C( ), ,1rithin 48-hours°f fi�15 000 gallons or more of untreatedwasth waters shall issue a pre�sc"I occurred.Whe and proof f publication shall be provided to the Division vrtth coverage in the coup shall be published within 10 day waters a public no to for further detail. required to be reported to Division unless it Refer to the re erence state SOs that are re The Director,Division of Water Quality,may take enforcement action for S or to the discharge*, is ernon e Sr. and the reasonable control of the Permittee l. 1)the discharge was caused by severe natural conditions and an 1 caul d by factors beyond 2)the discharge was exceptional,unintentional,temporary by the exercise of reasonable cc ntro andlor owner,and the discharge could not have been prevented 'ustification claim far either of the above situations.}h�sippssib e°n v�nil be the basis part it must be completed to provide a important to be as comp for the deterrnination of any enforcement acfion.Therefore,it is 1 MPLETED,A SIGNATURE IS REQUIRED AT THE END OI'THIS FOR M. Page WHETHER OR NOT PART It IS CO Cs-sso Farm 09/23/2009 08: 57 --_ B R E V A R D PUBLIC WORKS —-- --------=-- --=-- ------ (FAX)8288846892 8 g� R CITY OF]BREVARD PUBLYC SERVICES DEP ,' "REV TENT v,NUR TH C2ROLKED! w 11 ' p, SEP 23 20 l 09 �f a WATER l7{_�r°-�l UT I.._ API t nC , 0 C� To: Roy Davis,NCDENR M From: Joseph M Moore A City Manager Fax 828 299-7043 Pages: g Phone: 828 296-�4659 pe.Ra Date' September 23,2009 SavriyST,Ov er}lara_SS0209 David Lut4 Public SBPVicCs Dkector Cc: Anthony Cow ORC Sewer Collections Q Urgent ■ For Review [a Please Comment Q Please Reply ❑PIease Recycle 20 20 find documents for a recent sanitary sewer 09 within the City ofB SSO 209, revard— overflow,that occurred on September If YOU should need any additional information,please do not hesitate to contact. Joseph M. Moore,I[ David Lutz 828-885-5610 Anthony Coward 828-884-2I71, Ext. 2 Letha Cox S2$-553-7456 828-884-2171,Ext, 2 232 C22W n valley Road $Ward,North Caro)1n-28712 Mall ublicservices(alcitvolbrevard com 011ice: (828)884-2171 Fax:j(828)884-6892 I7I1GrAnV runLIt, WUNNa lh'AXi 8LS8 u89L ire Natural Condition (hurricane,tornado,etc.) Describe the"severe natural condition"in detail? Heavy rain continued for Several days with 6.31 inches received within a 24 hour period. How much advance warning did you have and what actions were taken in preparation for the event? Additional rain was predicted with the potential for flooding in the area. Comments: On Call staff were alerted to the forecast and the continued amount of precipitation predicted for the area. CS-SSO Form page 3 8 BREVARD PUBLIC WORKS (PAX) 8288846892 Inflow and Infiltration Are you under an SOC(Special Order by Consent)or do you have a schedule in any permit that LX-{YeLI No O NAO NE addresses III? 1=xplain if Yes: What corrective actions have been taken to reduce or eliminate I&I related overflows at this spill location within the last year? I&I elimination program was implemented in 2006 and continues. Has there been any flow studies to determine III problems in the collection system at the SSO location? 11 Ye No❑NA❑NE If Yes,when was the study completed and what actions did it recommend? Has the line been smoke tested or videoed within the past year? r1 Y-49 No❑NAn NE If Yes,when and indicate what actions are necessary and the status of such actions: Are there III related projects in your Capital Improvement Plan? 91 YwO No 0 NArI NE I#Yes,explain:CCTV sewer system inspection, replacement of identified sanitary and storm sewer lines, line cleaning and replacement where necessary, flow monitoring, and the Gallimore Road force main replacement Have there been any grant or loan applications for III reduction projects? [N Y-Q No n NAD NE IfYes,explain: A NC Rural Center Capacity & Supplemental Grant application was submitted in December, 2007. Do you suspect any major sources of inflow or cross connections with storm sewers? .XC j Yeo Nor{NAQ NE If Yes,explain: SSO events occur during heavy rainfall. Have all lines contacting surface waters In the SSO location and upstream been inspected recently? Q YeJ---]No❑NA[]NE If Yes,explain: All stream crossings within the basin were inspected during July, 2008 . What outer corrective actions are planned to prevent future Ill related SSOs at this location? Comments: I&I study, video inspection and cleaning with jet vacuum equipment. CS-SSO Form Page 6 yes " Dyes yes Name: .Anthony Coward CerW 23062 Date visited: 09-21-2009 Time visited: -- How was the SSO remediated(Le_Stopped and cleaned up)? overflow debris were raked and removed Staff spread lime on location of spill. As a representative for the responsible party, i certify that the information contained in this report is true and accurate to e best of my knowledge. Person submitting claim: Anthony Coward. Date: September 21, 2009 Signature: Title: ORC Sewer- Collectiolia Telephone Number: 828-884-2171, Ext. 2 Any additional information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the SSO with reference to the incident number(the incident number is only generated when electronic entry of this form is completed,if used). CS-SSO Form Page 15 t7 ' 5.r4 d a£ t •'•� 's"ir^4'W .zri^acw^ .yi — wssax.�rejymv J .y a 1 V T a a V m y 0 aQ4a � � A,�'a ��� ��S� �.� a ago •J��' � o � SlQ � o pa�; o Aa�aQ�s � Qr I I z 00,O slA 6096 941 6y� sib 0$ 60 60p�j � 6p http://www.tva.gov/cgi-bin/pdet?postmainpage 9/23lZQ09 -"uaTety 14 hours d �u� uarauon of the --" �intreated w �g an estimated 6.31 ' AC i"-' wastewater entered Laulbo Creek in the Lamb Creed �Y of Brevard Public Sefvices De � Partment Is Currently underway M IJY� I hfikation Reduc on Program to eliminate rain-attributed sanitary sewer overflows (SSO's). This notice was required by North Carolina General Statues Article 21 Chapter 143.215.C. This the 22' dayof September, 2009. Joseph M. Moore, II City Manager City of Brevard 95 W. Main Street Brevard,NC 2871.2 Media Notification: Transylvania Times-Aff davit of Publication Requested WLQS Television WGCR Radio Station WSQL Radio Station /' 1•:• �Il® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 9, 2009 Monte L Wall City of Lenoir PO Box 958 Lenoir NC 286450958 SUBJECT: Pretreatment Compliance Inspection Gunpowder Creek WWTP Permit No: NCO023736 Caldwell County Dear Mr. Wall: Enclosed please find a copy of the Pretreatment Compliance Inspection form from the inspection which I conducted of the City of Lenoir's approved pretreatment program. The inspection was conducted on September 17, 2009. Also, the 2008 Pretreatment Annual Report (PAR) has been reviewed. The program was found to be in Compliance with permit NCO023736 and applicable pretreatment program regulations. Please refer to the enclosed inspection report for additional observations and comments, especially regarding the possible need for additional industrial monitoring for cadmium. If you have any questions, please do not hesitate to call me at 828-296-4500. Since NI Keith Hayn� Environmental Senior Specialist Enclosure cc: PERCS Central files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NO 28778 One Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 N.OrthCarolina Internet:www.ncwaterguality.oM G:\WPDATA\DEMWQ\Caldwell\Lenoir WWTPs\23736 Gunpowder Creek\PC10917;VRtllrallIy United States Environmental Protection Agency Form Approved. EPA n Washington,D.C.20460 OMB No.2040-0057 G !'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 I NI 2 1 51 31 NCO023736 111 121 09/09/17 117 181 PI 191 S1 201 1 Remarks J 2111111111111111111111111111111111111111111111111, Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------------Reserved---------------------- 671 169 701 I 71 11 721 NJ 73) I 174 751 I I I I I Li 80 Section B: Facility Data W Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Gunpowder Creek WWTP 12:40 PM 09/09/17 07/09/01 NCSR 1127 Exit Time/Date Permit Expiration Date Lenoir NC 28645 02:30 PM 09/09/17 10/01/31 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 Monte L Wa Contacted 11,P0 Box 958 Lenoir NC 286450958//828-757-2198/ 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 Ilk� ', ARO WQ//828-296-4500/ f EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO023736 I11 12I 09/09/17 � 17 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 .JUND INFORMATION [Complete Prior To PCI• Review Program Info Database Sheet(s)] Control Authority(POTW)Name: City of Lenoir Gunpowder Creek WWTP Control Authority Representative(s): Monte Wall 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date: 09/_18/08 Inspection Type(Check One): E 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 ( N I C 1 0 1 0 12 1317 13 161 109117 1 09 1 j P_j J--S J J 1 (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? t 4 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? I 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? C_p 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 \,Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 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? Cadmium at Gunpowder 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) ished:N/A 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? 0 YES ❑NO All LTMP/STMP effluent data reported on Discharge Monitoring Report? N 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 l 28. PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of Pr(,` their files,complete with.supporting documents and coy of PERCS Approval Letter,and dates consistent with Pro ram Info: Program Element Last Submittal Last Approval Date Next D., Date In file? Date In file If Applicable\ Headworks Analysis(HWA) 5/7/07 ® Yes❑ No 10/9/07 ® Yes❑ No 12/1/11 Industrial Waste Survey(IWS) 5/14/07 ®Yes❑ No 11/5/08 ®Yes❑ No 8/1/13 Sewer Use Ordinance SUO) 7/25/07 ®Yes❑ No 11/2/07 ® Yes❑ No Enforcement Response Plan(ERP) 12/5/95 ® 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 IU INSPECTION) 29. User Name 1.American&Efrid 2. Beocare 3.Lenoir Mirror 30. IUP Number 0011 I F0007 31. Does File Contain Current Permit? ®Yes ❑ No ®Yes ❑ No I ® Yes ❑ No 32. Permit Expiration Date 5/31/12 5/31/12 5/31/12 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A None None 413 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 ❑ No ®Yes ❑ No I Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? F a. ❑Yes ENO a. ®Yes❑No a. ®Yes ONO b. If No, is One Needed?(See Inspection Form from POTW) b. [--]Yes NNo b. ❑Yes ONO b. ❑Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑NoNN/A ❑Yes❑NoNN/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 its Sampling as Required by IUP,including flow? 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? j ®Yes ❑ No 11 ®Yes ❑ No 0 Yes ❑ No 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its r Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A Sampling as Required b IUP, includingflow? 41b.During the Most Recent Semi-Annual Period,Did SIU submit all reports ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A on time? 42a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A file includeprocess/dilution flows as Required by IUP? 42b.For categorical IUs with Production based limits,does file include ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A production rates and/or flows as Required by IUP? 43a. During the Most Recent Semi-Annual Period, Did the POTW Identify ® Yes ❑ No ®Yes ❑ No F ®Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/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.❑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.❑Yes❑No®N/A of SIU limit violations in the POTW's sampling of the SIU? c.❑YespNo®N/A c.❑Yes❑No®N/A 45. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No 11 ❑Yes ® No ❑Yes ® No 46. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑NoNN/A FYesE_NoON/A ❑Yes❑NoNN/A as S ecified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 47. Does the File Contain Penalty Assessment Notices? ❑Yes❑NoNN/A I ❑Yes❑NoNN/A ❑Yes❑NoNN/A 48. Does The File Contain Proof Of Penalty Collection? ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A 49. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A I a.❑Yes❑NoNN/A a.❑Yes❑NoNN/A b. Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑YespNo®N/A b.❑Yes❑No®N/A 50. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑ Yes ® No IF Yes Z No ❑ Yes ® No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 ,MMENTS: Everything found to be in good order INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec,Type Inspector Fac.Type NJ 1 1 1 J L S J L 2� (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 istrial Inspection Comments: NO industry inspection. OVERALL SUMMARY AND COMMENTS: Comments: Requirements from last PCI have been addressed Requirements: None Recommendations: It is recommended that the City conduct additional industry monitoring if necessary to try to determine the cause of the Cadmium violations occurring at the Gunpowder WWTP. NOD: ❑ YES ® NO NOV: ❑ YES ® NO QNCR: ❑ YES ®NO POTW Rating: Satisfactory X Marginal UnSatisfactory r"T COMPLETED BY: Keith Haynes DATE: September 17,2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 /�� 4 '\� \.�/ RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor - Secretary October 9, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED -7007 1490 0004 0713 9158 Mr. Mike Zyboyovski Bartram's Walk 8 Ridge Road Asheville,North Carolina 28801 CERTIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0713 9165 Mr. Tom Daniel Bartram's Walk Post Office Box 2486 Peachtree City, Georgia 30269 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Bartrams Walk Phase I DWQ Tracking Number: NCR000493 NOV-2009-PC-0843 Construction Stormwater Permit-NCGO 10000 Stream Standard Violation - Other Waste (In-stream sediment) Buncombe County Response deadline: October 29,2009 Dear Messrs. Zyboyovski and Daniel: On September 18, 2009, Susan A. Wilson, Linda Wiggs, and Roger C. Edwards, from the Asheville Regional Office of the Division of Water Quality (DWQ), conducted a site inspection for Bartram's Walk off of Wolfe Cove Road in Buncombe County. Construction Stormwater Permit NCGO10000 and stream standards violations were noted during the inspection and file review. Sediment impacts to an unnamed tributary to Beaverdam Creek,a Class C water body in the French Broad River Basin, were documented constituting permit and standard violations. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www,ncwaterqual4.org ��tur�bL// An Equal Opportunity 1 Affirmative Action Employer Messrs.Zboyovski and Daniel October 9,2009 Page 2 of 4 VIOLATIONS I. Construction Stormwater Permit NCG010000 -A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. Specifically, the NCG010000 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. 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 at the time of inspection(a site representative was not available at the time). Please provide a copy of your records from June 1,2009 to present with your response to this Notice of Violation. b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan, as cited in Buncombe County's Notice of Violation dated September 15, 2009, represents a violation of NCGO10000 Permit. c. Twenty-four Hour Reporting(Part II. Section E.No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO10000 Permit. 1I. Stream Standard Violation - Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 200 feet of an unnamed tributary to Beaverdam Creek was impacted by sediment deposition greater than 4 inches in pockets of 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 by October 29, 2009. Your response should be sent to both the attention of Susan A Wilson, 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. Construction Stormwater Permit NCGO10000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCG010000 Permit and your Erosion and Sediment Control Plan. .a Daniel c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically, it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. As stated previously, please provide these records from June 1, 2009 to present. d. 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 the unnamed tributary to Beaverdam 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. It is recommended that you or your consultant contact Susan A. Wilson of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration 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. Messrs.Zboyovski and Daniel October 9,2009 Page 4 of 4 • 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 Susan A Wilson. 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 Susan A. Wilson at(828) 296- 4500. Sincerely, k Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Buncombe County Planning G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCG01\BartramswalkNCR000493\NOV Bartrams Walk 10 2009.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 9, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED', - 7007 1490 0004 0713 9158 Mr. Mike Zyboyovski Bartram's Walk 8 Ridge Road Asheville,North Carolina 28801 CERTIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0713 9165 Mr. Tom Daniel Bartram's Walk Post Office Box 2486 Peachtree City, Georgia 30269 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Bartrams Walk Phase I DWQ Tracking Number: NCR000493 NOV-2009-PC-0843 Construction Stormwater Permit NCG010000 Stream Standard Violation - Other Waste (In-stream sediment) Buncombe County Response deadline: October 29,2009 Dear Messrs. Zyboyovski and Daniel: On September 18, 2009, Susan A. Wilson,Linda Wiggs, and Roger C. Edwards, from the Asheville Regional Office of the Division of Water Quality (DWQ), conducted a site inspection for Bartram's Walk off of Wolfe Cove Road in Buncombe County. Construction Stormwater Permit NCG010000 and stream standards violations were noted during the inspection and file review. Sediment impacts to an unnamed tributary to Beaverdam Creek, a Class C water body in the French Broad River Basin,were documented constituting permit and standard violations. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 No thCa.Tohna. Phone:828-296-4500t FAX:828-299-70431 Customer Service:1-877.623-6748 Naturally Internet: www.ncwaterquality.org f//�/ l An Equal Opportunity 1 Affirmative Action Employer Messrs.Zboyovski and Daniel October 9,2009 Page 2 of 4 VIOLATIONS I. Construction Stormwater Permit NCG010000 -A Construction Stormwater Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. Specifically, the NCG010000 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. 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 at the time of inspection(a site representative was not available at the time). Please provide a copy of your records from June 1,2009 to present with your response to this Notice of Violation. b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A. No.2) Failure to follow Erosion Control Plan, as cited in Buncombe County's Notice of Violation dated September 15, 2009, represents a violation of NCGO10000 Permit. c. Twenty-four Hour Reporting (Part II. Section E.No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO 10000 Permit. II. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f-Greater than 200 feet of an unnamed tributary to Beaverdam Creek was impacted by sediment deposition greater than 4 inches in pockets of 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 by October 29, 2009. Your response should be sent to both the attention of Susan A Wilson, 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. Construction Stormwater Permit NCG010000 a. Please detail the events that resulted in non-compliance with the above-mentioned NCGO10000 permit conditions. b. Please explain when you anticipate being in full compliance with the NCG010000 Permit and your Erosion and Sediment Control Plan. a Daniel c. Please provide information detailing your compliance with the minimum monitoring and reporting requirements as requested above for each phase of the project. This information must include monitoring records through to the date of your written response to this letter. Specifically,it is requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved sedimentation and erosion control facilities and stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than 0.5 inches are requested as well. Failure to provide this information will constitute violations of the subject NCGO10000 Permit. As stated previously, please provide these records from June 1, 2009 to present. d. 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. IL 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 the unnamed tributary to Beaverdam 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. It is recommended that you or your consultant contact Susan A. Wilson of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration 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. Messrs.Zboyovski and Daniel October 9,2009 Page 4 of 4 • 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 Susan A Wilson. 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 Susan A. Wilson 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 Buncombe County Planning G:\WPDATA\DEMWQ\Buncombe\Stormwater Construction NCGOI\BartramswalkNCR000493\NOV Bartrams Walk 10 2009.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 9, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0713 9141 Mr. Michael J. Wells 202 N Turkey Creek Road Leicester,North Carolina 28748 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Michael Wells Property DWQ Tracking Number: NOV-2009-SS-0043 Stream Standard Violation - Other Waste (In-stream sediment) Removal of Best Usage Buncombe County Response deadline: October 27,2009 Dear Mr. Wells: On October 2,2009, Kevin Barnett, Chuck Cranford, and Susan A. Wilson, from the Asheville Regional Office of the Division of Water Quality(DWQ), conducted a site inspection on your property at the end of North Turkey Creek Road in Buncombe County. Stream standards violations were noted during the inspection. Sediment impacts to North Turkey Creek, a Class C water body in the French Broad River Basin, were noted during the inspection. Approximately eight areas at 50 feet each(for a total impact area of 400 linear feet) had sediment impacts from excavation of rock material along the streambank and in the stream. In addition, the removal of boulders and rocks from the streambank and bed constitutes removal of best usage. As a result of the site inspection, the following violations, detailed below, were noted: I Stream Standard Violation Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohrla Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 �gturR��� Internet: www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer Mr.Wells October 9,2009 Page 2 of 3 II Removal of Best Usage— 15A NCAC 02B.0211 (2) VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 400 feet of North Turkey Creek, a Class C water body in the French Broad River Basin was impacted by sediment deposition greater than 12 inches in eight areas of the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). II. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 400 feet of North Turkey Creek was impacted by the removal of natural rock and rocky substrate, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2). REQUIRED RESPONSE This Office requests that you respond in writing by October 27, 2009. Your response should be sent to both the attention of Susan A. Wilson, 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. 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 North Turkey 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 Susan A. Wilson of the Asheville Regional Office for additional guidance during restoration plan development. The Restoration 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. d. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Susan A. Wilson. 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 Susan A. Wilson at(828) 296- 4500. Sincerely, . ------ �� t t A Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources Buncombe County Planning G:\WPDATA\DEMWQ\Buncombe\Complaints\Wells(Mike)Property-boulder poaching\NOV Michael Wells 10 2009.doc i \. �F\�\/ ��/ _._. _ ,&14 n NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 9, 2009 Harold L Henson Town of Crossnore PO Box 129 Crossnore NC 28616 SUBJECT: Compliance Evaluation Inspection Crossnore WWTP Permit No: NCO026654 Avery County Dear Mayor Henson: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which Janet Cantwell and I performed at the facility on August 27, 2009. The facility was found to be in marginal compliance with permit NCO026654 due to maintenance issues, with the rusted dividing wall between the aeration basin and the digester being a major concern. In discussing this matter with Mr. Jadd Brewer, ORC, it has been determined that the badly rusted dividing wall has been patched/repaired with a metal plate. It is highly suggested that the Town give strong consideration to undertaking major repairs to the current plant or to begin making plans to completely replace the ageing facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please do not hesitate to call me at 828-296-4500. Sir) eel Keith ay'n Environmental Senior Specialist Enclosure cc: Jadd Brewer, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterguality.org G:\WPDATA\DEMWQWvery\26654 Crossnore\CEI082709.docx ;VatLrrally United States Environmental Protection Agency Form Approved. EPA/� Washington,D.C.20460 OMB No.204070057 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 51 31 NCO026654 111 121 09/08/27 i 17 181 CI 191 si 20I 1 Remarks 2111111111111111111111111111111111 -1111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved--------- -------- 671 1 69 701_1 711 1 721 NJ 73 LU 74 751 1 I 1 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) Crossnore WWTP 10:00 AM 09/08/27 05/02/01 U.S. Highway 221 Exit Time/Date Permit Expiration Date Crossnore NC 28616 11:00 AM 09/08/27 10/01/31 Name(s)of Onsite Representative(s)lritles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Harold L Henson,PO Box 129 Crossnore NC 28616//828-733-0360/ ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Flow Measurement ®Operations&Maintenance ®Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ 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) NCO026654 11 12, 09/08/27 117 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) 4 The plant is very old and is in need of painting and replacement of rusting metal. The town should strongly consider replacement of or, major repairs to the plant in the very near future before noncompliance issues arise. It should also be noted that there is an uncovered electrical outlet on the walk way. This could be a safety concern for the operator. Page# 2 Permit: NCO026654 Owner-Facility: Crossnore WWTP .aspection Date: 08/27/2009 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ■ ❑ n Does the facility analyze process control parameters, for ex: MLSS,MCRT, Settleable Solids, pH, DO,Sludge ■ ❑ ❑ ❑ Judge,and other that are applicable? Comment: Due to the age of the facility, some of the maintenance needs are major, such as repairing the badly rusted wall between the digester and aeration basin. According to the operator, this repair has been made. There are other parts of the plant that are also badly rusting. 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? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ 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: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ❑ ■ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ❑ ■ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ■ ❑ ❑ ❑ Page# 3 Permit: NCO026654 Owner-Facility: Crossnore w1N1-P Inspection Date: 08/27/2009 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/I) nnn ■ Comment: The diffusers need to be checked for clogging. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n fl Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n ❑ n Are weirs level? ■ ❑ n 0 Is the site free of weir blockage? ■ n ❑ n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? n ■ n n Is the site free of excessive floating sludge? ■ n 0 rl Is the drive unit operational? ■ n n n Is the return rate acceptable(low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n 0 n Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) n n n ■ Comment: There was some scum on the clarifier surface. There was also a thick of growth of moss on the weir plates and scum baffles which could be a problem in the future if it sloughs off. Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ Q n n (Sodium Hypochlorite)Is pump feed system operational? ■ n n n Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ 0 ❑ 0 Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth,or sludge buildup? ■ n n 0 Is there chlorine residual prior to de-chlorination? n n n ■ Comment: De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? ■ 0 n n Is storage appropriate for cylinders? n ❑ ■ n #Is de-chlorination substance stored away from chlorine containers? ■ n ❑ n Page# 4 Permit: NC0026654 Owner-Facility: Crossnore VVVVTP inspection Date: 08/27/2009 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Are the tablets the proper size and type? ❑ ❑ ■ n Comment: It is recommended that the first dechlor tank be checked for solids build-up and pumped if necessary. Are tablet de-chlorinators operational? n Q Number of tubes in use? 0 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ Q Are the receiving water free of foam other than trace amounts and other debris? i Q n n If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Page# 5 A CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H,Sullins Dee Freeman Governor Director Secretary October 9, 2009 Jeffery V Morse Town of Valdese PO Box 339 Valdese NC 28690 SUBJECT: Pretreatment Compliance Inspection Lake Rhodiss WWTP Permit No: NC0041696 Burke County Dear Mr. Morse: Enclosed please find a copy of the Pretreatment Compliance Inspection Report from the inspection, which I conducted of the Town's approved pretreatment program,on September 17, 2009. Please note that a review of the Town's 2008 Pretreatment Annual Report (PAR) was also conducted. The pretreatment program was found to be in Compliance with permit NCO041696 and applicable pretreatment regulations. The assistance provided by Chris Bortnick during the inspection was greatly appreciated. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff has any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Hayne, Environmental Senior Specialist Enclosure cc: Christopher Bortnick PERCS Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NOrthCarOliria Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org �gtz ral`// ff ..__ ___.- _.._L_-._.__ - --_ _ _. __ _.__ ______ _-_.- - _-___ _ ..._-. _:._. _-__ ___-._:_-_ -_ United States Environmental Protection Agency Form Approved. C 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/molday Inspection Type Inspector Fac Type 1 I NI 2 ' CI 31 N00041696 Ill 121 09/09/17 117 18I pI 191 gI 20I I {-j Remarks "Jill Jill IIIIIIIIIIIIIIIIIIIIIIII Ill IIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67I 169 70I I 71 I_j 721 NJ 73I 174 75I I I I I I ( 180 Section B: Facility Data wI 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) Lake Rhodiss WWTP 09:30 AM 09/09/17 06/12/01 2100 Lake Rhodhiss Dr Exit Time/Date Permit Expiration Date Valdese NC 28690 11:00 AM 09/09/17 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 Jeffery V Morse,PO Box 339 Valdese NC 28690//828-879-2120/ Contacted 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//826-296-4500/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type �. 3I NC0041696 I11 12I 09/09/17 I17 181 _' 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 .OUND INFORMATION 1Complete Prior To PCI• Review Program Info Database Sheet(s)l Control Authority(POTW)Name: Lake Rhodiss WWTP/Town of Valdese _ Control Authority Representative(s):_Chris Bortnick 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date: 09/09/08_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 C 1 0 10 14 11I61916I 109 117109 1 1 PJ l SJ l U (DTIA) (TYPI) (INSP) (FACC) _7. Current Number Of Significant Industrial Users(SIUs)? 8 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 0 Semi-Annual Periods(Total Number of SIUs in SNC) I PSNC 14.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods _ 0 MSNC Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS , .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? TSS and pH 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: N/A 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has 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 All LTMP/STMP effluent data reported on Discharge Monitoring Report? Z 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 Pagel 28. PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of Pr',' 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 L Date In file? Date In file If Applicable,,, Headworks Analysis(HWA) 5/21/09 ® Yes❑ No In Review ❑Yes ❑ No Industrial Waste Survey IWS) 11/14/05 ®Yes❑ No 06/30/03 ® Yes❑ No I1/1/10 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 1. Burke Mills2.Sara Lee Bakery 3. Valdese Textiles 30. IUP Number 002 020 015 31. Does File Contain Current Permit? Z Yes ❑ No ®Yes ❑ No ®Yes ❑ No 32. Permit Expiration Date 12/31/10 12/31/10 12/31/10 33. Categorical Standard Applied(I.E.40 CFR, Etc.)Or N/A NA NA NA 34. Does File Contain Permit Application Completed Within One Year Prior ® Yes ❑ No ® Yes ❑ No ®Yes ❑ No to Permit Issue Date? 11 35. Does File Contain an Inspection Completed Within Last Calendar Year? ®Yes ❑ No ® Yes ❑ NoI ® 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 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®NIA 39. During the Most Recent Semi-Annual Period,Did the POTW Complete ® Yes ❑ No ®Yes ❑ No ®Yes ❑ No its Sampling as Required by IUP,including flow? 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? ® Yes El No ®Yes ❑ No ®Yes ❑ No 41. 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 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 ❑Yes❑No®N/A ❑Yes❑NoON/A ❑Yes❑No®N/A file includeprocess/dilution flows as Required by 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 ® Yes ❑ No ® Yes ❑ No ®Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑No®N/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. Yes❑No®N/A b.Did Industry Resample and submit results to POTW Within 30 Days? 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 45. Duringthe Most Recent Semi-Annual Period,Was the SIU in SNC? ❑ Yes Z No ❑Yes ® No ❑Yes ® No 46. 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.)? 47. Does the File Contain Penal Assessment Notices? r pYes❑No®N/A ❑Yes❑No®N/A ❑Yes❑No®N/A 48. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A ❑Yes❑No®N/A ❑Yes❑No®N/A 49. a.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? I b.❑Yes❑No®N/A b.❑Yes❑No®N/A b.❑Yes❑No®N/A p Difficulty g Y ❑ ® ❑ ® ❑ 50. Did the POTW Representative Have Difficul m Obtaining An of This Yes No Yes No -Yes Z No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form I ipdated 7/251'07 Page 2 idIMENTS: revealed no concerns or problems. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type Nl 1 1 1 I I I l i-j 1 Sj L-2_j (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 " istrial Inspection Comments: JNE OVERALL SUMMARY AND COMMENTS: Comments: Very well operated program Requirements: None Recommendations: Don't forget that an updated IWS is due next ear! NOD: ❑YES ®NO NOV: ❑YES ®NO QNCR: ❑ YES ®NO POTW Rating: Satisfactory X Marginal UnSatisfactory PCI COMPLETED BY: Keith Haynes y ` 7 DATE: September 17,2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form l`pdated 7/25/07 Page 3 1/\ `�.. \:�� Ad .®^:®raj® CDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 12, 2009 Lee Smith City of Hendersonville PO Box 1760 Hendersonville NC 287931760 SUBJECT: Pretreatment Compliance Inspection Hendersonville WWTP Permit No: N00025534 Henderson County Dear Mr. Smith: Enclosed please find a copy of the Pretreatment Compliance Inspection form for the inspection, which I conducted of Hendersonville's approved pretreatment program, on September 21, 2009. Also, please note that a review of the City's 2008 Pretreatment Annual Report has also been conducted. Hendersonville's pretreatment program was found to be in Compliance with permit NCO025534 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Bill Ashbrook during the inspection was greatly appreciated. If you or your staff has any questions, please do not hesitate to contact me at 296-4500. Sincerely, Keith Ha es Environmental Senior Specialist Enclosure cc: Bill Ashbrook PERCS Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa, NC 28778 North Carolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 // Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Henderson\25534 Hendersonville WWTP\PC1091709.doc �/VaAalal ff 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 IN1 2 151 31 NCO025534 111 121 09/09/21 117 18t p1 191 cI 201 Remarks !J 4� 1_ 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved--------------------- 67 I 169 70 U 71 U 72 U N( 73'u'�174 751 I I 1 I I I 180 Section B: Facility Data t� 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 09/09/21 06/06/01 Hendersonville WWTP 80 Balfour Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28792 11:59 AM 09/09/21 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Vincent L Edwards/ORC/828-697-3077/ William Ashbrook/// Name,Address of Responsible Official/Title/Phone and Fax Number Contacted ' Lee Smith,PO Box 1760 Hendersonville NC 287931760//828-697-1707/ Yes 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 necessar (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes 9{� ARO WQ//828-296-4500/ /�`^� /`'�1 vj Y'f V 1 o ' l,7 • C rr1 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ O� EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3l NC0025534 (11 12� 09/09/21 ( 17 18'_I Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) r _ Please see attached PCI form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT sROUND INFORMATION 1Complete Prior To PCI; Review Program Info Database Sheet(s)l Control Authority(POTW)Name: City of Hendersonville 2. Control Authority Representative(s): Bill Ashbrook 3. Title(s): Environmental Services Coordinator 4. Last Inspection Date:_September 9,2008 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 J_NJ 1 N ICI 0 1012 1515 13 14 1 1 09 121 109 1 I P I 1 s I 1 (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Si nificant Industrial Users(SIUs)? 3 SIUS 8. Current Number Of Cate orical Industrial Users(CIUs)? 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 Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS ro.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 Selee may be Sludge Production,Etc.)? permitted as SIU 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: N/A 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 Pen-nits 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 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 [] 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: Dieldrin&Heptachlor 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 Pn_' 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 D., Date In file? Date In file If Applicable`, Headworks Analysis(HWA) 2/11/08 ® Yes❑ No 7/25/08 ® Yes❑ No 3131113 Industrial Waste Survey IWS 2/20/09 ®Yes ❑ No 3/30/09 ® Yes ❑ No 1011113 Sewer Use Ordinance(SUO) 7/12/07 ❑ Yes ❑ No 11/6/07 ❑Yes❑ No Public works Enforcement Response Plan(ERP) 12/14/01 ❑ Yes❑ No 1/28/02 ❑ Yes❑ No Public works Long Term Monitoring Plan(LTMP) 1/17/02 ® Yes ❑ No 1/18/02 ❑Yes ❑ No - INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name F. Coats American 2. Kimberly 30. IUP Number 3 1 31. Does File Contain Current Permit? FE Yes ❑ No 11 ® Yes ❑ NoI ® Yes ❑ No 32. Permit Expiration Date 1 12/31/13 12/21/13 12/31/13 33. Categorical Standard Applied(I.E.40 CFR, Etc.)Or N/A 414 none 433 34. Does File Contain Permit Application Completed Within One Year Prior ®Yes ❑ No ® Yes El ® Yes ElNo to Permit Issue Date? _ 35. Does File Contain an Inspection Completed Within Last Calendar Year? ®Yes ❑ Wo-11 ® Yes ❑ _N__o__1j ®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 Ins ection 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)? monitor 38. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes RN o 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 F _®Yes ❑ No ®Yes ❑ No its Sampling as Required by IUP, including flow? 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? F®Yes ❑ No 11 ® Yes ❑ No 1 ®Yes ❑ N ,i 41. 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? I _I 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 ❑Yes❑No®N/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❑NoON/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 F -®Yes ❑ No ® Yes ❑ No ® Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes❑No❑N/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 e.❑Yes❑No®N/A of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No�IN/A c.❑Yes❑No®N/A 45. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑Yes ® No 11 ❑Yes ® No ❑ Yes ® No 46. 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.)? 47. Does the File Contain Penalty Assessment Notices? ❑Yes❑No®N/A 11 ❑Yes❑No®N/A ❑Yes❑No®N/A 48. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A ❑Yes❑No®N/A ❑Yes❑No®N/A l 49. a.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 KDYes❑No®N/A b.❑Yes❑No®N/A 50. 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 7/251/07 Page 2 .JMMENTS: noted. The SUO and ERP are kept in the Utilities Director's Office. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY lnspec.Type Inspector Fac.Type Nl 1 l l 1 l I l LJ 1 S l 1 1 (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 ti `ial Inspection Comments: OVERALL SUMMARY AND COMMENTS: Comments: Selee may be permitted as a SIU due to some problems with their discharge. Requirements:_Continue with pro ram requirements 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 Affl DATE: September 21,2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/2.5/07 Page 3 AlFWA North Carolina Department of Environment and Natural Resources Division of Water Quality "Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 12,2009 Mr.Mike Pettyjohn, P.E. Division Engineer . N.C. Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Inspection NCSR 1328(Playmore Beach Road) DWQ Project No. 080372 TIP No. B-3624 Caldwell County Dear Mr. Pettyjohn: On September 29,2009, I visually inspected the construction work at Bridge No. 190 at the Johns River in Caldwell County. The erosion and sedimentation control structures,vegetative covering, mulching and matting appear to be working properly, i Continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report for additional comments and recommendations. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Heath Slaughter,Division 11, DEO Neil Trivette, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Pettyjohn)B-3624 September 2009 Inspection Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 I Customer Service:1-877-623-6748 One t Internet:www.ncwaterquality.org North�f/.iaf oh/.na An Equal Opportunity 1 AYumative Action Employer atff {& lff DWQ Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R. Parker Date: September 29,2009 County: Caldwell Region: Asheville DOT Division: Division 11 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #:1 NW Permit#:�-� IP#: 3481 Project Name: B-3624 Bridge Replacement Location of Project: NCSR 1328 Smiles southwest of Lenoir,NC Project Complete: [-]Yes X No If no, estimated date of completion: Activities(DOT): Water Oualitv Concerns (DWQ): X❑ Bridge ❑ Steam Standards Violation ❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres 1 _7 ❑Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac /" Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited DWO Site Visits for DOT Proiects Background Info Name of Waterway(s): Johns River Basin/Subbasin: CTB-030831 Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-1 ❑WS-IV ❑SA ❑CA Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: no_ 1/101h acre X❑1/11,Ito 1/3`d acre ❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet Additional comments: Compliance Issues Identified: ❑Yes X❑No Compliance issues identified: ❑Yes ❑No If yes, complete the section below: Reviewed project site and sediment and erosion control devices. Beams had been set over river. Approach slabs to be poured. Sediment and erosion control structures appear to be installed and working properly. Continue to maintain sediment and erosion control structures to protect state surface waters. Project appears to be in good shape. AVW KUM North Carolina Department of Environment and Natural Resources Division of Water Quality 'Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 12,2009 Mr. Mike Pettyjohn,P.E. Division Engineer N.C. Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Inspection US Highway 321 DWQ Project No. 041246 TIP No. R-2237B Caldwell County Dear Mr. Pettyjohn: On September 29,2009, 1 visually inspected the construction work on US Highway 321 in Caldwell County and the project appeared to be in good shape. Construction work is mainly taking place at the northern and southern ends of the project. The erosion and sedimentation control structures, vegetative covering,mulching and matting appear to be working properly. Continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. Please refer to the attached inspection report for additional comments and recommendations. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Frank Gioscio, P.E. Heath Slaughter, Division 11, DEO Neil Trivette, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker,Asheville Regional Office (Pettyjohn)US Highway 321 September 2009 Inspection Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NofffiCaroll`ina An Equal Opportunity 1 Affirmative Action Employer Ada-yty iabL �. i ,�_, �/ DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: I September 29,2009 County: Caldwell ^' Region: Asheville �� DOT Division: I Division 1 I Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: NW Permit 4:1 IP#: 3481 Project Name: U S Highway 321 Widening Location of Project: US 321 North of Lenoir to South of Blowing Rock,NC Project Complete: ❑Yes X No If no, estimated date of completion: Activities pT): Water Quality Concerns (DWQ): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwa.ter Permit Violation ❑ Stream Restoration ❑ Fill ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization X❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres I ❑ Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: F Buffer Impacts: ❑Meuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes [-]No Est linear ft/acreage of buffer impact_ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWQ Site Visits for DOT Projects Background Info Name of Waterway(s): Rocky Cove Creek, Greenfield Branch,unnamed tributary to Puncheon Camp Creek,unnamed tributary to Right Fork Mulberry Creek, unnamed tributary to Left Fork Mulberry Creek Basin/Subbasin: CTB-030831 Yadkin-030701 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I X❑WS-IV ❑SA ❑CA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: no_ 1/loth acre X❑1/11th to 1/3`d acre 0.16 acres ❑1/3 d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: Compliance Issues Identified: ❑Yes X❑No Compliance issues identified: ❑Yes ❑No If yes, complete the section below: Looked at entire project. Most work is taking place at the northern and southern ends of the project. Some other minor fill and grading work is taking place along the rest of the project. We continue to have concerns about the southern part of the project. Steep slopes and sediment could pose a problem if not properly controlled. Sediment has made its way to the ditch along NCSR 1370 (Kirby Mountain Road). This area should be watched carefully and additional sediment and erosion measures may be required. Continue to maintain sediment and erosion control structures to protect state surface waters. 09-29-09 US 321 Inspection Report A X-N . .�..y► A DEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 12,2009 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection US Highway 25 DWQ Project 08-1754 TIP No. R-505 Henderson County Dear Mr. Setzer: On October 1, 2009,1 inspected the construction work on US Highway 25 between Interstate 26 and NC Highway 225 in Henderson County. Construction work appears to be going well. The erosion and sedimentation control structures,vegetative covering, and matting appear to be working properly. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions, please call me at 828-296-4500. Sincerely, n X_M Michael R. Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis, Division 14,IDEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker,Asheville Regional Office (Setzer)US Highway 25 Inspection Letter October 2009 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One t Customer Service:1-877-623-6748 �n j t�j CarO1.1I1a Internet:www.ncwaterguality.org atu����� An Equal Opportunity 1 Affirmative Action Employer L DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: October 1,2009 County: Henderson Region:I Asheville DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 4: 08-1754 NW Permit 4: ❑ IP 4: Project Name: U S Highway 25-I-26 Connector R-505 Location of Project: U S Highway 25 from NC 225 near Zirconia to Interstate 26 in Henderson County Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns(DWQ): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity Bottomless Culvert❑ ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts (see below) ❑ Buffer Restoration ❑ Other X❑Bank Stabilization ❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres ❑ Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet C-� Estimated linear feet of impact: I Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman [-]Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt [-]Allowable ❑Allowable w/mitigation❑Prohibited DWO Site Visits for DOT Proiects Background Info Name of Waterway(s): Laurel Creek,Green River,Bat Fork,King Creek,Freeman Creek, Lake Summit,Hill Branch,Jones Branch,Mill Creek,Laurel Branch, Jones Creek Basin/Subbasin: Broad 030501 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW X❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: X❑0— 1/1&acre ❑1/11th to 1/3td acre ❑1/3rd to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 1,346 linear feet Additional comments: Reviewed project with DOT staff and Wright Brothers. Heavy construction and pipe installation is underway. Work on new Bridge over US 176 has also started. Sediment and erosion control structures appear to be working properly. Seeding and/or matting should be performed as areas are graded. Small pond has been drained and converted to sediment basin. Maintain erosion control devices and continue with seeding and matting as required to protect State surface waters. A 'A w► NDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 12,2009 Mr. J. B. Setzer, P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1102 Pearson Falls Road DWQ Project 08-1020 TIP No.B-4239 Polk County Dear Mr. Setzer: On October 1,2009, I inspected the construction work at the new bridge site on NCSR 1102,Pearson Falls Road in Polk County, Construction work appears to be going well. Both of the new MSE walls are almost complete. The erosion and sedimentation control structures,vegetative covering, and matting appear to be working properly. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis, Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker,Asheville Regional Office (Setzer)NCSR 1102 Inspection Letter October 2009 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One Service:1-877-623-6748 NorthCaTolina Internet:www.ncwaterpualitV.orp A V,����N���� An Equal Opportunity 1 Affirmative Action Employer �/ d \� _. \�..\ \___/ /.- ,i DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker Date: October 1,2009 County: Polk +� Region: Asheville - � DOT Division: I Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-1020 NW Permit 4:1 IP#: �— Project Name: NCSR 1102 Pearson Falls Road B-4239 Location of Project: From NC 176 in Saluda travel south on NCSR 1102,Pearson Falls Road,approximately 1 mile to the new bridge site Project Complete: ❑Yes X No If no, estimated date of completion: �❑ Activities(DOT): Water Oualitv Concerns (DWQ): X❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration X❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑yes X❑ no Estimated Acres ❑ Zone 1 Est Acres ❑ Zone 2 Est Acres Additional Stream Impacts: ❑ yes X❑ no Est Linear feet —� Estimated linear feet of impact: �— Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes []No Est linear ft/acreage of buffer impact ft/ �ae Buffer Designation: ❑Exempt [-]Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): North Pacolet River Basin/Subbasin: Broad 030501 Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I ❑WS-IV RSA ❑CA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/10th acre ❑1/111h to 1/3`d acre ❑1/3`dto 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet Additional comments: Reviewed project with DOT staff. Construction is underway on both end bents with both MSE walls almost complete. Sediment and erosion control structures appear to be working properly. Seeding and/or matting should be performed as needed. Maintain erosion control devices and continue with seeding and matting as required to protect State surface waters. Install rip rap at base of both MSE walls as soon as possible. NCSR It 02 Pearson Falls Road Inspection October 2009 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 12, 2009 Mr. Donald J. Harris Harris Diversified Services, Inc. 3280 Holcomb Bridge Rd., Suite C Norcross, GA 30092 SUBJECT: Wendy's & Retail Shops—Cashiers,NC DWQ Permit Number: SWI070701 Jackson County Dear Mr. Harris: On September 22, 2009, Susan A. Wilson and Chuck Cranford, from the Asheville Regional Office of the Division of Water Quality (DWQ), conducted a site inspection regarding stormwater controls for Wendy's & Retail Shops in Cashiers,North Carolina. Some issues were noted during the inspection and file review and are outlined in the attached inspection report. Should you have any questions regarding these matters, please contact me at(828)296-4500. Sin rely, /d Z:� Ausan A. Wilson, Environmental Engineer Surface Water Protection Section Enc: Inspection Report BMP Operation and Maintenance Form cc: ARO File Copy DWQ Central Files Jackson County Planning GAWPDATA\DEMWQ\Jackson\State Stormwater Management\Wendy's\Wendy's Insp letter 10 2009.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NO1 t�1 fC�yr 0�111a Phone:828-298-45001 FAX:828-299-70431 Customer Service:l-877-623-6748 �atK`all Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Compliance Inspection Report Permit: SW1070701 Effective: 09/25/07 Expiration: 09/25/17 Owner: Harris Diversified Services Project: Wendy's&Retail Stops County: Jackson Region: Asheville Contact Person: Donald J Harris Title: Phone:404-213-6349 Directions to Project: Type of Project: State Stormwater-HD-Wetlands Drain Areas: 1 -(CHATTOOGA RIVER(Cashiers Lake))(03-13-01 ) B;Tr,ORW) On-Site Representative(s): Related Permits: Inspection Date: 09/22/2009 Entry Time: 01:50 PM Exit Time: 02:15 PM Primary Inspector: Susan A Wilson Phone:828-294-4500 Secondary Inspector(s): Chuck Cranford Phone: l' Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: Q Compliant 0 Not Compliant Question Areas: ®State Stormwater (See attachment summary) Page: 1 Permit:SW1070701 Owner-Project:Harris Diversified Services Inspection Date:09/22/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: DWQ conducted a brief inspection of the Wendy's and Retail shops of Cashiers, permitted under Harris Diversified Services, Inc. As noted in this document, proper operation and maintenance must be conducted to maintain a viable treatment system. A copy of an operation and maintanence agreement for a wetland stormwater treatment system is attached with this inspection form. Please ensure that is is followed. At this time, the Asheville Regional Office does not have a signed Operation and Maintenance Agreement for this facility. Please submit a signed agreement to this office in care of Susan A. Wilson (corresponding address on letterhead). Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? n n n ■ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ n n n ■ upon request? Comment: During this brief inspection of the stormwater treatment system area, records were not reviewed. DWQ reminds Harris Diversified Services that the system must be properly operated and maintained. It appeared that trash was entering the system. This may impact the outlet and interfere with treatment. Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ■ n n n Comment: At the time of the inspeciton, after approximately 12 inches of rain in the Cashiers area, the stormwater treatment system appeared to be working adequately and no impacts to surface waters were noted. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ■ ❑ n n Are the inlets located per the approved plans? ■ n n n Are the outlet structures located per the approved plans? ■ n n n Comment: It appeared that the system was constructed as approved by DWQ. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? n n n ■ Comment: Again, DWQ reminds the permittee that proper operation and maintenance must be conducted in order to ensure the short and long term viability of the system. Page: 2 44 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 12, 2009 CERTIFIED MAIL 7002 0460 0001 9899 7026 RETURN RECEIPT REQUESTED Larry Callicutt Town of Bryson Clty PO Box. 726 Bryson City,NC 28713 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00170 Town of Bryson Clty Bryson City Collection System. Case No. DV-2009-0037 Swain County Dear Mr. Callicutt: This letter transmits an assessment of civil penalty in the amount of$2,064.58 ($2,000.00 civil penalty+ $64.58 enforcement costs) against Town.of Bryson City. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Town of Bryson City. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS001.70 and G.S. 143-215.1(a)(1). The violation/s that occurred are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Bryson City violated the terms, conditions or requirements of Collection System Permit WQCS00170 and G.S. 143-215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). One 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 fax:(828)299-7043 Customer Service 1 877 623-6748 NorthCarolina Internet:w Opportunity \Affirmative Na t1 r //� An Equal Opportunity 1 Affirmative Action Employer ` i " ,,on the above findings of fact and conclusions of law, and in accordance with authority .aed by the Secretary of the Department of Environment and Natural Resources and the .rector 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'l."own of Bryson.City. TOTAL CIVIL PENALTY $ 2000.00 ENFORCEMENT COST $ 64.58 TOTAL AMOUNT DUE $ 2064.58 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: Pretreatment Emergency Response and Collection Systems 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 determining whether a remission request will be approved, the following factors shall be considered: �\ \\_ i �. �.; 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 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: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 AND Roger C. Edwards. Water Quality Regional Supervisor 2090 U. S Highway 70 Swannanoa,N.C., 28778 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: of Administrative Hearings 14 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 Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 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. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Don Price of the Asheville Regional Office at(828)296-4500. Dad R ger ;. Edwards Water Quality Regional Supervisor Asheville Region Division of Water Quality ATTACHMENTS cc: Regional Supervisor w/attachments Public Information Officer PERCS Unit Enforcement File w/attachments Central Files w/attachments -)F NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES _jUNTY OF Swain Town of Bryson City IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Bryson City Collection System ) STIPULATION OF FACTS PERMIT NO. WQCS001.70 ) FILE NO. DV-2009-0037 Having been assessed civil penalties totaling $2.064.58 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 8, 2009, 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 with thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 520 SIGNATURE ADDRESS TELEPHONE 1/ JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2009-0037 County: SWAIN Assessed Party: "TOWN OF BRYSON CITY Permit No. (if applicable): WQCS001.70 Amount Assessed: $2.064.58 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: E 8 W a a z d O L H J 3 O a) t j � Q �fq Z O a z LU O o W Q Ix Q O 2 W O 7 C 3 z M O U ti M C O Q U c Z O N W U) Q O W $ m Q 0 Z ~ W U U E N co N A C. E O (V O g Uz O .3 U a CD rn c w o 0 Ln 3 U O ua. 0 Q N O N SQ U) h U O O CDZ N h 00 CJ O z w -..� Oa'R O 0 > } o W Q IL y W C 0 a N �r \__.,;. �A, * A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 12, 2009 Mr. Andrew Donkin 250 W. Church Ave. Longwood, FL 32750 SUBJECT: Notice of Violation Response and Sediment Removal Plan Approval Grassmere Enterprises, LLC Property NOV-2009-SS-0025 Haywood County Dear Mr. Donkin: The Division of Water Quality has received correspondence from C1earWater Environmental Consultants, Inc., dated July 28, 2009, in response to the NOV noted above. The proposal includes the removal of sediment from an unnamed tributary to Hyatt Creek, a Class C waterbody in the French Broad River Basin. After further observance of the site, most recently on September 16, 2009, and continued discussions with your consultant, the Division has decided to allow the culvert to remain in place (along with the rip-rap donut which is further preventing sediment from moving downstream). However,please be aware that the condition of Nationwide Permit(NWP)Number 18 issued by the Army Corp of Engineers was not followed (the sediment behind the dam was not removed prior to installation of the new culvert). In addition, as stated in the Notice of Violation, several conditions of Water Quality Certification No. 3705, issued concurrently with the NWP 18, were also violated (including the improper installation of the new culvert). Should conditions continue to deteriorate (i.e., the site not remain stable and sediment continue to be lost), the Division will have Grassmere Enterprises take corrective action (which may included reinstallation of the culvert, sediment removal, and complete stream restoration). The Division approves the removal of downstream sediment with the following conditions: • Re-evaluation of the downstream site to provide updated photos in 100 foot increments (pre- and post-sediment removal) for the length of impact. • Quarterly visual monitoring at the site for a period of 2 years, then annually for 3 years (for a total of 5 years). Should sediment be observed leaving the pond area, remedial action must be taken. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquativeActi �R�t'/rd'�ll�J An Equal Opportunity 1 Affirmative Action Employer ` b[ Mr.Donkin October 12,2009 Page 2 of 2 • Sediment removal shall be conducted manually, as specified on p. 2 of the July 28Ih letter. Work shall be performed "in the dry"to prevent the creation of turbid conditions (and to prevent violation of the water quality standard for turbidity). 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. This letter in no way precludes this Office for taking action on this or any other violation. Violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact me at(828) 296-4500. Sincerely, 6s�an�AWilso"n, Environmental Engineer Surface Water Protection cc: ARO File Copy DWQ Central Files ClearWater Environmental Consultants—e-copy Haywood County Erosion Control Ms. Lori Beckwith, ACOE G:\WPDATA\DEMWQ\Haywood\Complaints-Misc\Grassmere,LLC dam breach\SedimentRemovaIAPPROVE 10 10 2009.doc LADEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H,Sullins Dee Freeman Governor Director Secretary October 13, 2009 Karen E Andrews Town of Rutherfordton 129 N Main St Rutherfordton NC 28139 SUBJECT: Pretreatment Compliance Inspection Rutherfordton WWTP Permit No: N00025909 Rutherford County Dear Ms. Andrews: Enclosed please find a copy of the Pretreatment Compliance Inspection form from - the inspection, which I conducted of the Town's approved pretreatment program on September 22, 2009. Also a review of the Town's 2008 Pretreatment Annual Report has been reviewed. The Town's program was found to be in Compliance with permit N00025909 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please do not hesitate to contact me at 828-296- 4500. Sincerey, Keith Hayne Environmental Senior Specialist Enclosure cc: Nadine J Blackwell Pretreatment Unit i Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Rutherford\25909 Rutherfordton WWTP\PClletter092209.doc Natz(.Pa"y I\ �. United States Environmental Protection Agency Form Approved. EPA n Washington,D.C.20460 OMB No.2040-0057 C1�!'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 I NI 2 I SI 31 NCO025909 111 121 09/09/22 117 181 PI 19L ! 20` I lJ Remarks 1= _ 2111111111111111111111111111111111111 , ill 111 , Ill, Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA -------------—------------Reserved---------------------- 67I 169 70Lj 711 ' 72'NI 73I U 74 751 ( I I I I I 180 Section B: Facility Data uJ 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) Rutherfordton WWTP 10:20 AM 09/09/22 08/12/01 NC Hwy 221 Exit Time/Date Permit Expiration Date Rutherfordton NC 28139 11:50 AM 09/09/22 13/07/31 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 necessar (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes 01 / ARO WQ//828-296-4500/ 3'� 1: ,-nq 1 li Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ IC12 1, D EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3) NCO025909 I11 12I 09/09/22 ' 17 181J Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) �- See attached PCI form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT MOUND INFORMATION [Complete Prior To PCI; Review Program Info Database Sheet(s)] Control Authority(POTW)Name: Town of Rutherfordton 2. Control Authority Representative(s): Nadine Blackwell 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date:_9/18/08 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 C 1 0 1 0 1 2 15 19 1 0 19 1 109 122 109 1 L P I L S L 1 J (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? I SIUS 8. Current Number Of Cate orical 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 PSNC Semi-Annual Periods(Total Number of SIUs in SNC) 14.Number of SIUs in SNC For Re2orting During Either of the Last 2 Semi-Annual Periods L_0 MSNC \ 'Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 'f 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? Copper 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:N/A 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 All LTMP/STMP effluent data reported on Discharge Monitoring Report? ®YES [:1 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 28. PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of P. 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) 8/18/08 ®Yes ❑ No 11/10/08 ® Yes❑ No 11/1/12 Industrial Waste Survey IWS) 3/28/05 ® Yes ❑ No 5/4/09 ® Yes❑ No 3/31/10 Sewer Use Ordinance SUO 7/25/07 ®Yes❑ No 8/10/07 ® Yes❑ No - Enforcement Response Plan(ERP) 4/15/99 ®Yes❑ No 4/26/99 ® Yes❑ No - Long Term Monitoring Plan(LTMP) 10/29/04 ®Yes ❑ No 11/1/04 ® Yes❑ No - INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND l IU INSPECTION) 29. User Name 1.Outdoors Colors 2. 3. 30. IUP Number 0002 31. Does File Contain Current Permit? ® Yes ❑ No 11 ❑Yes ❑ No 11 El Yes ❑ No 32. Permit Expiration Date 12/31/13 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 433 1 I 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 ❑ No ❑Yes ❑ NToj ❑ 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 1[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 1[_Ey_es[JNo0K7j_EWs0NoE3N/A Organic Mana ement Plan(TOMP)? 38. a. Does File Contain Original Permit Review Letter from the Division? a. ®Yes❑No 11 a. ❑Yes❑No a. ❑Yes ❑No b.All Issues Resolved? b.❑Yes❑No®N/A I 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 its Sampling as Required b IUP, includingflow? 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? ®Yes ❑ No ❑ Yes ❑ N7oj ❑Yes ❑ Nc 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its r ❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Sampling as Required b IUP,includingflow? 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 F❑Yes❑NoNN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A file includeprocess/dilution flows as Required by IUP? 42b. For categorical IUs with Production based limits,does file include ❑Yes❑NoNN/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 _®Yes ❑ No ❑Yes ❑ No ❑ Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑NoNN/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❑NOON/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 45. During.the Most Recent Semi-Annual Period,Was the SIU in SNC? [:] Yes ® No 11 ❑Yes ❑ No ❑Yes ❑ No 46. During the Most Recent Semi-Annual Period, Was Enforcement Taken ❑Yes❑NoNN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? ir - ii 47. Does the File Contain Penalty Assessment Notices? ❑Yes❑NoNN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 48. Does The File Contain Proof Of Penalty Collection? ❑Yes❑NoNN/A 11 ❑Yes❑No❑N/A� ❑Yes❑No❑N/A 49. a.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❑No❑N/A,, 50. 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 JMMENTS: Ag was found to be in good order. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type N1 I l t 11 1 1 I l S l L2 (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 Ii rial Inspection Comments: OVERALL SUMMARY AND COMMENTS: Comments: Requirements: Recommendations: Keen un the wood work Continue to look for possible sources of copper. NOD: ❑ YES ®NO NOV: ❑ YES ® NO QNCR: ❑ YES ®NO POTW Rating: Satisfactory X Marginal UnSatisfactory PCI COMPLETED BY: Keith Haynes �VDATE: September 22,2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 DEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 13, 2009 Joe Collins Town of Franklin 188 W Main St Franklin NC 28734 SUBJECT: Pretreatment Compliance Inspection Franklin WWTP Permit No: N00021547 Macon County Dear Mayor Collins: Enclosed please find a copy of the Pretreatment Compliance Inspection Report - from the inspection, which I conducted of the Town's pretreatment program, on September 2, 2009. Also, a review of the Town's 2008 Pretreatment Annual Report (PAR) has been completed. The Town's approved pretreatment 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 have any questions, please call me at 828-296-4500. Sincer ly, 1 �d Keith Haynes Environmental Senior Specialist Enclosure cc: Wayne Price, ORC PERCS Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 /// Internet:www.nmaterguality.org G:\WPDATA\DEMWQ\Macon\21547 Franklin WWTP\PCI090209letter.doc Nlatz(Aally 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 J NI 2 I sI 31 NCO021547 111 121 09/09/02 117 18I PI 19u 20I 1 _J IJ I Remarks L! J 211111 Jill 1111 1111 1111 1111 1111 1111 1 1 1 1 11 ,11 1111 1111 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved---------------------- 671 169 70 U 71 U 72 L N I 73 W 74 751 1 1 1 1 1 1 1 80 Section B: Facility Data �— Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Franklin WWTP 01:40 PM 09/09/02 07/12/01 Sierra Dr Exit Time/Date Permit Expiration Date Franklin NC 28734 03:00 PM 09/09/02 12/11/30 Name(s)of Onsite Representative(s)fTitles(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 Joe Collins,188 W Main St Franklin NC Contacted 28734/Mayor/828-524-2516/8285244540 No i� Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summa of Find in /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 77Date Keith Haynes - ARO WQ//828-296-4500/ 1� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards 1 ARO WQ//828-296-4500/ �� 3 t EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3) NC0021547 I11 12I 09/09/02, 17 18'_I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) See attached PCI form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI)REPORT AROUND INFORMATION [Complete Prior To PCI; 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. Last Inspection Date:_9/11/08 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 1 1 N I C 1 0 l 0 1 2 11 15 14 1 7 1 1_09102 1091 I P I l S l LJLJ (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? L 2 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? 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 11 14.Number of SIUS in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC `Number of SIUS In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS r 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? TSS Corrected thru I&I 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 EAS Testing Lab 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: Caterpillar 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 i,\ ) 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 28. PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of Pr,, 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 L., Date In file? Date In file If Applicable' , Headworks Analysis(HWA) 7/26/06 ®Yes❑ No 10/3/06 ®Yes ❑ No 7/26/11 Industrial Waste Survey IWS) 3/3/09 ®Yes❑ No 5/19/09 ®Yes❑ No 4/1/14 Sewer Use Ordinance SUO) 2/14/07 ® Yes❑ No 2/15/07 ®Yes ❑ No - Enforcement Response Plan(ERP) 12/14/05 ®Yes ❑ No 1/4/06 ®Yes❑ No - Long Term Monitoring Plan(LTMP) 7/26/06 ® Yes ❑ No 10/3/06 ®Yes❑ No 7/26/11 INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name 1. Macon County Landfill 2. 3. 30. IUP Number 002 31. Does File Contain Current Permit? FZ-Yes ❑ No 11 ❑ Yes ❑ No7j ❑ Yes ❑ No 32. Permit Expiration Date 1 7/31/10 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A none 71 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 ❑ No ❑Yes ❑ No 1 ❑Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a. ❑Yes MNo a. ❑Yes No a. ❑Yes❑No b. If No,is One Needed?(See Inspection Form from POTW b. ❑Yes ME b. ❑Yes❑No b. ❑Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑No®NIAF ❑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 El Yes El No its Sam lin as Re uired b IUP,including flow? 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? I ® Yes ❑ Rol ❑Yes ❑ I ❑Yes ❑ Nqf ~ 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its ❑Yes❑NoON/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❑NoMN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A on time? 42a.For categorical IUs with Combined Wastestream Formula(CWF),does OYesDNoS F❑Yes❑No❑N/A ❑Yes❑No❑N/A file includeprocess/dilution flows as Required by IUP? 42b.For categorical lUs 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 ® Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify E1Yes❑No2N/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.❑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 45. During the Most Recent Semi-Annual Period,Was the SIU in SNC? I ❑ Yes ® No ❑Yes ❑ No I ❑Yes ❑ No 46. During the Most Recent Semi-Annual Period,Was Enforcement Taken ❑Yes❑NoMN/A ❑Yes❑No❑N/A j[_EVe_s0No0N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? I i 47. Does the File Contain Penalty Assessment Notices? ❑Yes❑NoMN/A ❑Yes❑No❑N/A IF ❑Yes❑No❑N/A 48. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A 11 ❑Yes❑No❑N/A ❑Yes❑No❑NIA 49. a. 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❑NoON/A b.❑Yes❑No❑N/A i[b.0Yes[1No[1N/f. 50. 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 ,JMMENTS: ting all permit related materials easier,it suggested that it be placed in the SIU file rather than using a separate file. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type INl I l l 1 1 1 1 1 l I 1 1 I 1 JII 1S1 L2j (DTIA) (TYPI) (fNSP) (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 I 'Tial Inspection Comments: OVERALL SUMMARY AND COMMENTS: Comments: The Town operates the Landfill treatment system thus an inspection was not done Overall good pro rg am Requirements: None Recommendations: Filing all similar items in the same related location. NOD: ❑ YES ®NO NOV: ❑YES ®NO QNCR: ❑YES ®NO POTW Rating: Satisfactory X Marginal Unsatisfactory PCI COMPLETED BY: Keith Haynes. DATE: September 2,2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form updated 7/25/07 Page 3 /- �-_ / ��J NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 13, 2009 Bill Hodge Town of Spindale PO Box 186 Spindale NC 28160 SUBJECT: Pretreatment Compliance Inspection Spindale WWTP Permit No: N00020664 Rutherford County Dear Mr. Hodge: Enclosed please find a copy of the Pretreatment Compliance Inspection Report from the inspection which I conducted of the Town's approved pretreatment program, on September 22, 2009. Also, a review of the Town's 2008 Pretreatment Annual Report (PAR) has been performed. The Town's pretreatment program was found to be in Compliance with permit NCO020664 and applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Lance Mundy 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 Haynes Environmental Senior Specialist Enclosure cc: PERCS Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE one Location:2090 U.S.Highway 70,Swannanoa,NO 28778 NorthCarolina Phone:(828)296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 a j /d Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Rutherford\20664 Spindale WWTP\PCI0922091etter.doc �/ WA(rab6 ff r_, ��_j �_: United States Environmental Protection Agency Form Approved. EPA P 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 15I 31 N00020664 111 1211 09/09/22 117 181 Lip 191 c1 201 I Remarks J t_ 211 1 1 1 1 1 I i l l l l l l l l l l l l l l l l l 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67( 169 70 Li I 71 I I 72I N 73 w 74 751 I I I I I I 180 4—+ Section B: Facility Data t� 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) 12:30 PM 09/09/22 08/11/01 Spindale WWTP Ecology St Exit Time/Date Permit Expiration Date Spindale NC 28160 02:30 PM 09/09/22 13/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Lance Eric Mundy/ORC/828-286-3407/ Name,Address of Responsible Officialrritle/Phone and Fax Number Willie Bill Hodge,PO Box 186 Spindale NC Contacted 28160/Superintendent/828-286-3407/ No l Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Pretreatment Section D: Summary of Find in /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 //pJar 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 3I NCO020664 I11 12I 09/09/22 17 18'_' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) See attched PCI form for details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT _,ROUND INFORMATION [Complete Prior To PCI; Review Program Info Database Sheet(s)] Control Authority(POTW)Name: Town of Spindale 2. Control Authority Representative(s): Lance Mundt/ 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date: 9/19/08 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 I1 1 NlClo 10 12 101616141 �091221o9i 1 P I 1� 1 (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 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 C 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 Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS -.:,!Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods II POTW INTERVIEW 17. Since the Last PCI,has the POTW had any NPDES Limits Violations? [DYES ® 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 SlUs in SNC) Not Published: N/A 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 2f Is LTMP/STMP Data Maintained in a Table or Equivalent? ® YES ❑NO Is Table Adequate? ® YES ❑NO j 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: Decrease in monitoring Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 71125/07 Page I 28. PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of h, 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 NexfL, Date In file? Date In file If Applicablel' Headworks Analysis(HWA) 8/01/06 ® Yes❑ No 9/7/06 ® Yes❑ No 12/1/10 Industrial Waste Survey(IWS) 12/15/08 ® Yes ❑ No 2/11/09 ® Yes ❑ No 12/31/13 Sewer Use Ordinance SUO 5/30/07 ® Yes❑ No 9/20/07 ® Yes❑ No \ Enforcement Response Plan(ERP) 2/14/95 ® Yes ❑ No 5/16/95 ®Yes❑ 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) 29. User Name 1. Color Masters 11 2.Timken 3.Ultimate 30. IUP Number 03 04 08 31. Does File Contain Current Permit? ®Yes ❑ No ® Yes ❑ No ® Yes ❑ No 32. Permit Expiration Date 6/30/13 6/30/13 6/30/13 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A none 433 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? ®Yes ❑ No 11 ®Yes ❑ Koj ® 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 b. ❑Yes❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑NoNN/A ❑Yes❑NONNlA ❑Yes❑NoNN/A Organic Management Plan(TOMP)? 38. a. Does File Contain Original Permit Review Letter from the Division? a. MYes❑No a. ®Yes ❑No a. NYes❑No b.All Issues Resolved? b.❑Yes❑NoNN/A 11 b.❑Yes❑No®N/A b.❑Yes❑NoNN/A 39. During the Most Recent Semi-Annual Period,Did the POTW Complete ® Yes ❑ No F_®Yes ❑ No ®Yes ❑ f its Sampling as Required by IUP, including flow? 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? ®Yes ❑ No 11 E Yes ❑ NoI ® Yes ❑ N( 41. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A ®Yes❑No❑N!A ®Yes❑No❑Nn Sampling as Required b IUP,includingflow? 11 41b.During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/AF®Yes❑No❑N/A ®Yes❑No❑N/A on time? 42a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A file includeprocess/dilution flows as Required by IUP? 42b.For categorical IUs with Production based limits,does file include ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A production rates and/or flows as Required by IUP? 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? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑NoNN/A ❑Yes❑No®N/A ❑Yes❑NoNN/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❑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 resample within 30 days of becoming aware c.❑Yes❑NoNN/A of SIU limit violations in the POTW's sampling of the SIU? c.❑Yes❑No❑N/A c.❑Yes❑No❑N/A 45. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ❑ Yes ® No ❑ Yes ® No 1 ❑ Yes ® No 46. During the Most Recent Semi-Annual Period, Was Enforcement Taken ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 47. Does the File Contain Penalty Assessment Notices? ❑Yes❑NoNN/A ❑Yes❑No®N!A ❑Yes❑NoNN/A� 48. Does The File Contain Proof Of Penal Collection? ❑Yes❑NoNN/A ❑Yes❑NoNN/A ❑Yes❑NoNN/A 49. a.Does the File Contain Any Current Enforcement Orders? 11 a.❑Yes❑No®N/A a.❑Yes❑No®N/A a.❑Yes❑No®N/A - b. Is SIU in Compliance with Order? b.❑Yes❑NoNN/A b.❑Yes❑NoNN/A b.❑Yes❑NoNN 50. 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 .<SMMENTS: :,und to be in good order. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type INl 1 1 1 I I l l I l a I l I I 111 J S 1 l?1 (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 trial Inspection Comments: OVERALL SUMMARY AND COMMENTS: Comments: The pro am appears to be in good condition. Requirements: Headworks is due December 1 2010 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 Havnes 91 DATE: September 22,2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 �� ��/ A � �� AjfA NCIDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 13, 2009 Robert Wiseman Town of Spruce Pine PO Box 189 Spruce Pine NC 28777 SUBJECT: Pretreatment Compliance Inspection Spruce Pine WWTP Permit No: NCO021423 Mitchell County Dear Mr. Wiseman: 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 23, 2009. Also, a review of the Town's 2008 Pretreatment Annual Report (PAR) has been performed. The Town's pretreatment program was found to be in Compliance with permit NCO021423 and all applicable pretreatment regulations. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Darrell Graham during the inspection was greatly appreciated. If you have any questions, please contact me at 828-296-4500. Sincerely_, of "u r Keith Haynes Environmental Senior Specialist Enclosure cc: Darrell Graham, ORC PERCS Unit Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NOne orthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 Internet:www.ncwaterouality.org G:\WPDATA\DEMWQ\Mitchell\Spruce Pine Pretreatment\PC1092309letter.doc Naturally United States Environmental Protection Agency Form Approved. EPA /� Washington,D.C.20460 OMB No.2040-0057 Cr/� 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 'N) 2 15I 31 NCO021423 111 12I 09/09/23 ' 17 181 PI 19I SI 20I I Remarks 211111111111111111111111111IIIIIIIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67 I 169 701 I 71 LI 72)N I 73�74 751 ( I I ( I I 180 Section B: Facility Data �-- Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Spruce Pine WWTP 10:00 AM 09/09/23 06/11/01 909 Creed Pitman Rd Exit Time/Date Permit Expiration Date Spruce Pine NC 28777 p 12:05 PM 09/09/23 11/02/28 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility.Data Darrell James Graham/ORC/828-765-3007/ Name,Address of Responsible OfficialTritle/Phone and Fax Number Robert Wiseman,PO Box 189 Spruce Pine NC 28777//704-765-3000/ ContactedNo 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 Signaturejs)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 ,a"'" 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 3I NCO021423 I11 12I 09/09/23 I17 1$N 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 :ROUND INFORMATION (Complete Prior To PCI; Review Program Info Database Sheet(s)I Control Authority(POTW)Name: Town of Spruce Pine 2. Control Authority Representative(s): Darrell Graham 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date: 9/10/08 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 Nl N I C 1 0 10 12 II 1412131 1091231091 I P A 1 S 1 L I l (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 1 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? I 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? C� 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) _1_4.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS r 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: N/A 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 just starting 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ❑ YES ❑ NO unknown Is LTMP/STMP Data Maintained in a Table or Equivalent? ❑YES ❑ NO Is Table Adequate? ❑YES ❑NO will be All LTMP/STMP effluent data reported on Discharge Monitoring Report? ❑ YES❑NO 26. If NO to 23 -26, list violations Data will be recorded on DMRs 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 Pros their files,complete with supporting documents and copy of PERCS Approval Letter,and dates consistent with Program Info:' ,. Program Element Last Submittal Last Approval Date Next Du., Date In file? Date In file If Applicable " Headworks Analysis(HWA) 101/05 ®Yes❑ No 11/14/05 ® Yes❑ No 9/1/10 Industrial Waste Survey IWS) 6/1/09 ® Yes❑ No ? ❑ Yes❑ No 05/1/13 Sewer Use Ordinance SUO 7/31/07 ®Yes❑ No 9/25/07 ®Yes❑ No - Enforcement Response Plan(ERP) 9/24/94 ®Yes❑ No 9/29/07 ®Yes❑ No - Long Term Monitoring Plan(LTMP) 3/29/99 ®Yes❑ No 3/30/99 ®Yes❑ No - INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name 1.BRP US,Inc. 2. 30. IUP Number 002 31. Does File Contain Current Permit? ®Yes El No [:]Yes ❑ No ❑Yes ❑ No 32. Permit Expiration Date 9/30/10 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 El No ❑Yes ❑ No to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? ® Yes ❑ No1 ❑Yes ❑ No ❑Yes El No 36. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes❑No IF 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❑NoMN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 11 38. a. Does File Contain Original Permit Review Letter from the Division? a. ®Yes EIN07 a. ❑Yes❑No a. ❑Yes❑No b.All Issues Resolved? b.❑Yes❑NoMN/A b.❑Yes❑No❑N/A b.❑Yes❑No❑N/A 39. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ElNo ❑ Yes ❑ No El Yes ❑ No its Sampling as Required b IUP, includingflow? _ 11 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? ®Yes ❑ No ❑Yes ❑ No ❑ Yes ❑ No \ ; 41. 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 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 11 ❑Yes❑No❑N/A on time? 42a.For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑NoMN/A ❑Yes❑No❑N/A IP Yes❑No❑N/A file include process/dilution flows as Required b IUP? 42b. For categorical IUs with Production based limits,does file include MYes❑No❑N/A F ❑Yes❑No❑N/A IP Yes❑No❑N/A production rates and/or flows as Required b 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? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑NoMN/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 Days9 b.OYes❑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 45. During the Most Recent Semi-Annual Period, Was the SIU in SNC? ❑ Yes ® No ❑Yes ❑ No Yes ❑ No 46. During the Most Recent Semi-Annual Period, Was Enforcement Taken MYes❑No❑N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing,etc.)? 47. Does the File Contain Penal Assessment Notices? ❑Yes❑NoMN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 48. Does The File Contain Proof Of Penalty Collection? ❑Yes❑NoMN/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 49. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes❑NoMN/A Fa..[D]YesEDRN.ON/A a.❑Yes❑Nb.Is SIU in Com liance with Order? b.❑Yes❑No®N/A b❑Yes❑No❑N/A [b.oYesMoON/A 50. 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 ✓MMENTS: Items are on hand as required; however,better organized files would make the coordinator's work .,tent matters easier. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type Nl ! l i 1 1 1 I l l l I 1 1 J L S l 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: OVERALL SUMMARY AND COMMENTS: Comments: The IWS has been submitted,but has apparently not been approved. Requirements: HWA is due September 1,2010.STMP sampling is due to start now. Recommendations: During next SIU inspection,check slug and spill plan for BRP to make sure of updates NOD: ❑YES ®NO NOV: ❑YES ® NO QNCR: ❑ YES ® NO POTW Rating: Satisfactory X Marg7-v UnSatisfactory 1, . 'OMPLETED BY:_Keith Haynes DATE: September 23,2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form updated 7125/07 Page 3 .r....�1�... CDENR e..� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 14,2009 Burke County DWQ Project No. 090995 Blue Ridge Parkway Project No. PRA-BLRI 2H13,2J16 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Kevin Rose Environmental Compliance Specialist U S Department of Transportation Federal Highway Administration 21400 Ridgetop Circle Sterling,Virginia 22630 Dear Mr. Rose: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in Green Mountain Creek, Dixon Creek and Stacey Creek, for the purpose of making improvements to the Blue Ridge ''sway in Avery, Burke and Caldwell Counties from MP 298.6 to MP 317.5: Stream Impacts in the Catawba River Basin Site Permanent Streambank Permanent Fill in Temporary Total Stream Fill in Stabilization in Perennial Stream Dewatering in Stream Impacts Intermittent Perennial (linear ft) Perennial Stream Impact Requiring Stream Stream (linear ft) (linear ft) (linear ft) Mitigation linear ft linear ft) MP 300 0 0 7.2 0 7.2 0 Sta.13+95 MP 300 0 0 37.8 0 37.8 0 Sta.5 8+07 MP301 0 0 9.5 0 9.5 0 Sta. 4+32 MP 311 0 0 37.6 0 37.6 0 Sta. 16+60 MP 312 0 0 24.1 0 241 0 Sta. 4+26 Total 0 0 116.2 0 1 116.2 0 Total Stream Permanent Impact for Project: 116.2 linear feet. Temporary Impacts for Project: 240 linear feet, SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 One t 1 Customer Service:1-877-623-6748 NOl Cal�aT01.lIla Internet:www.ncwaterauality.org Naturally Y�� An Equal Opportunity t Affirmative Action Employer j//�VJ K6 I Mr. Kevin Rose October 14,2009 Page Two The project should be constructed in accordance with your application dated September 15, 2007 (received September 16, 2009), 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 approval is valid solely for the purpose and design described in your application(unless modified below). Should your project change, you must notify NCDWQ 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. 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 shalt' be removed and the natural grade restored upon completion of the project. 3. 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. 4. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)] in areas draining to (Trout)waters. However,due to the size of the project,the Blue Ridge Parkway shall not be required to meet 15A NCAC 4B .0124(a)regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet, or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Coir fiber matting shall be used in conjunction with appropriate seeding on disturbed soils involving steep slopes in riparian areas, and should be secured in place with staples and wherever possible include installation of live stakes of native trees. coin Rose ,ober 14,2009 ?age Three Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 5. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks,adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing byNCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 6. If multiple pipes or barrels are required,they 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. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning season of October 15 through April 15 to protect the egg and fry stages of trout. 9. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to the stream channel shall be temporary and revegetated with native riparian species. 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-1I), 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. 11. 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. 12. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 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. 13. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 14. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 15. 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. 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. Mr. Kevin Rose October 14, 2009 Page Four 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. 19. 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. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 23. 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. 24. 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 Federal Highway Administration Project Engineer and the on-site project manager. 25. 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. 26. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water qualir" standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any othei�,_, appropriate requirements of State or Federal law. If NCDWQ 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,NCDWQ may reevaluate and modify this certification 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 28. Upon completion of the project, the Federal Highway Administration Project 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. ,vin Rose .Ober 5, 2009 ige Five 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, a—Coleen H. Sullins, Director Division of Water Quality cc: Tasha Alexander, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 90995(Rose)Blue Ridge Parkway(DOI) PIA fij;7� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 19, 2009 Joseph W. Carriker Duke Energy PO Box 1006 Charlotte,NC 28201-1006 Subject: Activities Deemed Certified Rocky Branch Boat Ramp DWQ Project# 09-0984 Macon County LTN/Nantahala River(Aquone Lake) /2-57-(22.5) /B; Tr Dear Mr. Carriker: The Division of Water Quality (Division)has completed the review of the 401 Water Quality Certification application associated with the project listed above. Tt has been determined that the subject project does not require written concurrence from the Division and is deemed certified, if the conditions required by Water Quality Certification No. 3705 are followed(attached). In addition, Duke Energy should obtain or otherwise comply with any other required federal, state or local permits before proceeding with the project, including (but not limited to) Erosion and Sediment Control wad trout buffer regulations. This letter completes the review of your application by the Division under Section 401 of the Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Lt Roger C. Edwards Regional Office Supervisor Surface Water Protection Section CHSIcbc Ene cc: USACE Asheville Regulatory Field Office NCWRC—John Macemore (e-copy) 401 Permitting Unit— Central Office ARO File Copy G:\WPDATA\DEMW Q\Macon\401 s\RockyBranchBoatRamp\09-0984_DeemedCert_I0-19-09.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NorthCarollna Internet:www.ncwaterquality.org ;Vatuir llil �\ \`, l' ,- A PWA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 19, 2009 Lawrence Ponder, Mayor Town of Marshall PO Box 548 Marshall NC 28753 Subject: NOTICE OF VIOLATION NOV-2009-PC-0850 Pretreatment Compliance Inspection Marshall WWTP Permit No. N00021733 Madison County Dear Mayor Ponder: Enclosed please find a copy of the Inspection Report from the inspection conducted 2009-09-18. The Pretreatment Compliance Inspection was conducted by Keith Haynes of the Asheville Regional Office. The Town's pretreatment program was found to be in violation of Permit NCO021733 for the following: Inspection Area Compliance Issue Pretreatment Failure to properly operate pretreatment program and retain required .� program elements Please refer to the enclosed Inspection Report for any additional observations and comments. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within thirty(30)working day of receipt of this letter. Please direct your response to the attention of Keith Haynes. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Keith Haynes at 828/296-4500. Sincerely, n �. Z_ Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: Donald G Byers, w/attachment PERCS, w/attach. WQ Central Files w/attachment SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 7�7 Internet:www.ncwaterguality.org NOV-2009-PC-0850.doc aturall � , \�; i` �. �J United States Environmental Protection Agency Form Approved. EP^ Washington,D.C.20460 f� 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 NCO021733 111 121 09/09/18 117 181 p1 191 S1 201U Remarks 211 11 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I J _1 1 1 1®1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67I 1 69 701 1 711111 721 NI 73I ' 174 75I�L 1 1 I 1 1 1 80 Section B: Facility Data L t 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) 12:30 PM 09/09/18 06/12/01 Marshall WWTP Blannahassett 1s Rd Exit Time/Date Permit Expiration Date Marshall NC 28753 02:00 PM 09/09/18 10/09/30 Name(s)of Onsite Representative(s)(Titles(s)/Phone and Fax Number(s) Other Facility Data Donald G Byers/ORC/704-883-8461/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lawrence Ponder,PO Box 548 Marshall NC 28753//838-649-3031/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Pretreatment 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 + I r Keith Haynes ARO WQ//828-296-4500/ 1 j ,1 4k,oC Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ 9 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 3I NCO021733 I11 12I 09/09/18 I17 181PI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Due to a change effective July 1, 2009, in the contract operations of the WWfP, and pretreatment program, the Town does not have the documentation required for all the program elements of an approved pretreatment program. Please see Part IV of the NPDES permit for information regarding the requirements of municipalities with a pretreatment programs. As was discussed with Don Byers during the inspection, the PERCS section of the Division of Water Quality website contains useful information regarding pretreatment matters. Also, it is imperative that an inspection of Deringer Mfg be performed by the Town before the end of the year, including sampling by the Town as required by the SIU permit. Page# 2 {p� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 20, 2009 Honorable Danny McIntosh, Mayor Town of Burnsville P.O. Box 97 Burnsville, North Carolina 28714 Subject: NOTICE OF VIOLATION NOV-2009-MV-0143 Permit No. NCO075965 Burnsville Water Treatment Plant Yancey County Dear Mayor McIntosh: A review of Burnsville WTP's monitoring report for July 2009 showed the following violations: Parameter Date Measuring Violation Frequency Flow Week of 6/28/09-7/04/09 Weekly Failure to Monitor TRC Week of 6/28/09-7/04/09 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Quality Lab & Operations/ORC tP o t t-^- Burnsvillen P N AhCarolina G:1wVPDATA�'%DPA�/l OWance;r�r� 6J l JT� vvaturallil o h 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 � , \�l; �._ A KURA" y North Carolina Department of Environment and'Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 20, 2009 Ms. Linda Issacs McDowell Assisted Living LLC P.O. Box 909 Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION NOV-2009-LV-0458 Permit No. NCO075353 McDowell Assisted Living WWTP McDowell County Dear Ms. Issacs: A review of McDowell Assisted Living WWTP's monitoring report for June 2009 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 06/29/09 400#/100ml 440#/100m1 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 at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC One G:1U'JPDATi�iDEliVIJO'1 cdowelt}75�,53 McDowell Assisted Living NoahCarolina �atur�rll� North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.nowaterguality.org FAX (828)299-7043 1-877-623-6748 fij; 'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 20, 2009 Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION NOV-2009-LM-0031 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: A review of The Switzerland Inn WWTP's monitoring report for June 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 06/30/09 30 mg/I 32 mg/I Monthly Average Concentration Exceeded Parameter Date Measuring Frequency Violation Temperature, Degrees C 06/19/2009 Daily Failure to Monitor Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: 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. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files �—� KACE Environmental/ORC c, s„ 6 i ze '-a I NorthCarolina ,_1r�J,._��T.A��Fi41LJ��,Nlcc:c�r�lIj3099r S+,��t��,r�nc1. r� - - �izturall� 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 i �� Aj'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 20, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 8816 Mr. Saeed Assadzandi, General Manager Champion Hills Property Owners Association 1 Hagen Drive Hendersonville,North Carolina 28739 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO087106 Champion Hills Property Owners Association Champion Hills WWTP Case No. LM-2009-0045 Henderson County Dear Mr. Assadzandi: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$317.00 ($250.00 civil penalty + $67.00 enforcement costs) against Champion Hills Property Owners Association. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Champion Hills Property Owners Association for the month of June 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0087106. The violations which occurred in June 2009 are summarized in Attachment A to this letter, Based upon the above facts, I conclude as a matter of law that Champion Hills Property Owners Association violated the terms, conditions or requirements of NPDES Permit NCO087106 and G.S. 143-215,1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143- 215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided.by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Champion Hills Property Owners Association: — No thCarolina SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE �atlll"a`l Location:2090 U.S.Highway 70,Swannanoa, NC 28778 GPhone: (828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterauality.org I of the I violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0087106, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N - Cone. $00.00 0 of the H violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0087106, for failing to monitor Continuous Flow. $00.00 0 of the 9 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0087106, for failing to have an Operator on site. $250.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $317.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; �- (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying'or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. 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 .;ssment document. Because a remission request forecloses the option of an administrative jaearing, 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 determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 43 1-3 000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 Bob Guerra/DWQ Enforcement Files w/attachments James & James Environmental/ORC w/attaclunents .,i` .il-.)fei�;.. _4 t3� {ll.'�'tJ.�i JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2009-0045 County: Henderson Assessed Party: Champion Bills Property Owners Association Permit No.: NC0087106 Amount Assessed: $317.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty)assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty�vill prevent you f om performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEi . AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CHAMPION HILLS PROPERTY OWNERS ) ASSOCIATION ) PERMIT NO. NCO087106 ) FILE NO. LM-2009-0045 Having been assessed civil penalties totaling $317.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 20, 2009, 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 p m Z S 0 0 0 0 0 0 0 0 o r (,�D 3 O b O v 77 M (� rn rn rn rn rn rn rn rn 0) m� O N N N N N N N N N 'D"'� :3 O cOD c00 coo (0 ccoo O y co c00 O (p r'ii j Z �• O O O O O O O O O 7 7 7 W. v v v v v v v v WWWWWWWWW �n m m CD m m CD CD m CD m CD m CD (D CD CD ro (D C C C C C C C C C (D 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 W a n O O o O o o 0 0 o -1 0 0 0 0 0 0 0 0 0 O N N N C) N N N N. C2 c D p c m c D Qj 0 C n � O m CD :3 co co D ® cn U) 0 n O p 0 0 0 0 0 0 0 0 0 O rn rn rn rn rn rn rn m rn pr w N N o 0 0 o AA o Co d1 O O m Cn A m 0 0 0 0 0 o - m O co O O m cn ra O O Z O O O O O O O O O O r < < < < < < < o o 0 0 0 0 0 0 0 o Z m v v m m v sv v m o o > > > > > > > 'U m m 0 m _r fA f9 ffl fA f9 f» ffl fJi -..ff! f9 fA to vi Z cNii 3 m0 0 0 0 0 0 0 0 0 0 0 0 o D o 0 0 0 0 0 0 0 0 0 0 0 0 0 r o D rt Z7 O 0 j C O -1 3 0 M 2 A O �O \_. rn rn T T p rn rn rn rn rn rn p p mZ C rn mZ p 0 -- N N N N N N N N N N N N N -U:q O N T-4 M O 0 0 0 0 0 0 0 0 0 0 0 0 o QQ o QO (p O 0 0 0 0 0 0 0 0 0 0 0 0 0 X Q1 0 al co w (o (n (D to (O 0 co w co co w co X- .w o _ 4 2 O Z 0 0 O O O O O C C o o 0 0 0 0 0 0 0 0 0 0 0 -0-4 o -U'i 0 0 0 0 0 0 0 0 0 0 0 0 0 -°D o mD C C r r D C C C C C C C C C C C C C D C D r - m m m w m m m m m m m m m -i m -I 2 2 T 7l T T T T T T T T T T T 'U Z -O r r r- r r r r- r- r r r r r O O O O O O O O O O O O O w 3 Z O m m 0 m 0 m (1 n Z7 S D 0 3 C� O D o < < CO = 0 0 0 0 0. 0 0 0 0 0 0 0 0 O o m rn m rn rn rn rn rn rn rn rn rn rn rn pr_ rn pr_ Z W N N N N -' -� O O 0 o O o D> W A y CA o m o ; m Q A --I--A o -4� c D 0 0 0 0 0 0 0 0 0 0 0 0 o m- o m- "0 (O co co (o. m (a m co m m (a o m O co O W z z m 0 D n C) 0 0 0 0 O 0 0 n O n (7 T CD o � \ 0 0 0 0 0 0 0 0 0 0 0 0 0 X m A. 3 3 m m r < >' > > > >' > >' > > > > O o JD Rl c c c c c c c c c c c c c C 0 C 0 0 0 0 0 0 0 0 0 0 0 0 o m m NO Z ((0 CD D O VI 0' m= m0 C 3 3 3 3 3 3 3 3 3 3 3 3 3 DZ 3 DZ O (o co co cn n a (o (0 c0 co ca In N-i CO a a a Cl a a a a a a a a a CO CO X-n X-n m m = CD r_ r_ C O D D r- r DC w D0 rr 0 rr CD m Cp m� m> 0rQ 0 O O ;l -i m w m m Z o W T T T T T T T T T T T T T < <- ? (D (D (D (D (D (D CD (D (D (D CD (D (D ( , Sl .Q -0 S] -0 .n 4 -0 .0 .0 4 9 A O `� O < C c c c C C C C C C c c c r D r / m m (D CD m (D (D m m CD CD CD (D D < y o o o n o n o n 0 0 o n n 0 Di < < < < < < < < < < < < < Z CD Z O D O O o' 0 0 0 3 0 3 3 o ml 0 0 3 o' o 0 0 0' o o mo CD rmm a 0 a fi=4jjVjA North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 20, 2009 Thomas W Storie Town of Burnsville PO Box 97 Burnsville NC 28714 SUBJECT: Pretreatment Compliance Inspection Burnsville WWTP Permit No: NCO020290 Yancey County Dear Mr. Storie: Enclosed please find a copy of the Pretreatment Compliance Inspection Report from the inspection which I conducted of the Town's pretreatment program on September 23, 2009. Also, a review of the 2008 Pretreatment Annual Report, which was submitted late, has been performed. The pretreatment program was found to be in Marginal Compliance with permit NCO020290 and applicable pretreatment regulations as the Central Office is missing some of the required program elements for the Town's program. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please do not hesitate to contact me 828-296- 4500. Sincerely, .s A Keith Ha ne Y Environmental Senior Specialist Enclosure cc: Jadd Brewer, ORC PERCS Unit Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NOrtl1Carolina Phone:(828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 ��ful�`/�� Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Yancey\20290 Burnsville WWTP\pretreatment\PCI0923o91etter ` United States Environmental Protection Agency Form Approved. E p/� Washington,D.C.20460 OMB No.2040-0057 r/'1 Water Compliance ins ection 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 IJ 31 NCO020290 11 121 09/09/23 117 181 .1 191 cl 201 1 L Remarks J !� 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 J_LLj6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved---------------------- 67 169 701 I 71jj 72LNI 73I�174 751 I 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) Burnsville WWTP 12:40 PM 09/09/23 06/09/01 NCSR 1138 Exit Time/Date Permit Expiration Date Burnsville NC 28714 02:30 PM 09/09/23 10/09/30 Name(s)of Onsite Representative(s)TTitles(s)/Phone and Fax Number(s) Other Facility Data Jadd Wesley Brewer/ORC/828-898-6692/ Name,Address of Responsible Official7Title/Phone and Fax Number Thomas W Storie,PO Box 97 Burnsville NC 28714/Public Works Contacted Director/828-682-2420/8286827757 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 necessa (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Keith Haynes " -296-4500/ARO WQ//828 r r' Signature of Management Q A ReviY iew,et Agency/Office/Phone and Fax Numbers Date zz EPA Form 3 60-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3� NCO020290 �11 12� 09/09/23 � �� 18�P� Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) See attached PCI form for further details. Page# 2 NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT :GROUND INFORMATION [Complete Prior To PCI• Review Program Info Database Sheet(s)l Control Authority(POTW)Name: Town of Burnsville 2. Control Authority Representative(s): Tom Storie 3. Title(s): Pretreatment Coordinator 4. Last Inspection Date: June 3,2008 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. 1 N I C 1 0 1 0 1 2 101219101 109123 109 1 I P I !si J l l (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? 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 Semi-Annual Periods(Total Number of SIUs in SNC) PSNC ' '"i.Number of SIUs in SNC For Re ortin During Either of the Last 2 Semi-Annual Periods 0 MSNC rJ.Number 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 1 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 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:Altec 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: Altec 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 I ❑YES ®NO Ones? LIMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ❑YES ❑NO ? 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 DWQ Inspector,please verify yourself! 26. If NO to 23 -26, list violations STMP monitorin)z is due to start now or by the first of next year. 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 7/2.5/07 Page 1 28. PRETREA'!Al'E;NT PROGRAM ELEMENTS REVIEW- Please review POTW files,verify POTW has copy of Prog_, 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 Du.-, Date In file? Date In file If Applicable Headworks Analysis(HWA) 7/17/06 ® Yes❑ No 7/19/06 ❑ Yes ❑ No 5/1/11 Industrial Waste Survey(IWS) ❑ Yes❑ No ❑ Yes❑ No Sewer Use Ordinance SUO) 8/15/07 ® Yes❑ No 8/21/07 ® Yes❑ No - Enforcement Response Plan(ERP) 7/17/06 ®Yes❑ No 7/19/06 ® Yes❑ No - Long Term Monitoring Plan(LTMP) 7/17/06 ® Yes ❑ No 7/19/06 ® Yes ❑ No - INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name 1.Altec 2. — 1 3. 30. IUP Number I v0`+ I 31. Does File Contain Current Permit? ®Yes ❑ No ❑Yes ❑ No I—❑ Yes—❑ 10 1 32. Permit Expiration Date 6/30/10 I I 33. Categorical Standard Applied(I.E.40 CFR,Etc.)Or N/A 433 Y- � 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 FaYes F ❑Yes ❑ No 36. a.Does the File Contain a Slug/Spill Control Plan? a. NYes❑No a. ❑Yes[]No a. ❑Yes❑No b.If No, is One Needed?(See Inspection Form from POTW) b. [-]Yes FIN- b. ❑Yes❑No b. ❑Yes RNo 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. NYes❑No a. ❑Yes❑No a. ❑Yes❑No b.All Issues Resolved? b.®Yes❑No❑N/A b.❑Yes❑No❑N/A 11 b.❑Yes❑No❑N/A 39. During the Most Recent Semi-Annual Period,Did the POTW Complete ® Yes ❑ No ❑Yes ❑ No ❑Yes ❑ No its Sampling as Required b IUP, includingflow? I 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? I ❑Yes ® No 11 ❑Yes ❑ No FUYes ❑ No 41. 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 by IUP, including flow? I il ___ 41b.During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑N/A ❑Yes❑No❑N/A ❑YespNo❑N/A on time? 42a. For categorical IUs with Combined Wastestream Formula(CWF),does ❑Yes❑No®N/A ❑Yes❑No❑N/A !11 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 ®Yes ❑ No ❑Yes ❑ No ❑ Yes ❑ No All Limits Non-Compliance from Both POTW and SIU Sampling? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑Yes❑NONN/A ❑Yes❑No❑N/A ❑YespNo❑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❑NoZN/A of SIU limit violations in the POTW's sampling of the SIU? c.pYes❑No❑N!A c.❑Yes❑No❑N!A 45. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ® Yes ❑ No 11 ❑ Yes ❑ No ❑ Yes ❑ No 46. 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.)? 47. Does the File Contain Penalty Assessment Notices? oyesoNo®N/A ❑YespNo❑N/A ❑Yes❑No❑N/A 48. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A ❑Yes❑No❑N/A ❑Yes❑No❑N/A 49. a.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? I b.❑YespNo❑N/A b.❑Yes❑No❑N/A 50. 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 COMMENTS: The files seemed to be in good order with the exception of the POTW chain-of-custody for the tmpling. INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac.Type Nl INIC10 1012 101219101 J101 15 109 1 i IJ i Sj 12 (DTIA) (TYPI) (INSP) (FACC) 1.Industry Inspected: Altec Industries 2.Industry Address: 150 Altec Drive 3.Type of Industry/Product: Truck bodies 4. Industry Contact: Blake Smith 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 _.dustrial Inspection Comments: A large portion of the inspection was spent on trying to determine if the industry discharge contains something which has been depleting the WWTP chlorine. It was determined that a change in a wash solution which contains more phosphates could be attributing to this problem. OVERALL SUMMARY AND COMMENTS: Comments: Industrial inspection is scheduled for October 14 2009 Requirements: STMP needs to be done next year. Chain-of custody should be kept on file for industry sampling performed by the Town Keen a watch on the Town's industries Be sure to maintain STMP data as required and also to submit all effluent data on the DMRs The IWS should be resubmitted to Ralei h staff as they do not have a copes Recommendations: It is also requested that you submit a copy of the Town's most recent Enforcement Response Plan to the Central Office as they are trying to update their files NOD: ❑ YES ® NO NOV: ❑ YES ® NO QNCR: ❑YES ®NO POTW Rating: Satisfactory Marginal X Unsatisfactory PCI COMPLETED BY: Keith Haynes DATE: September 23 2009 NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/251107 Page 3 Akv;-Wywj O A North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 20, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 9172 Ms. Shelley McCoy Alexander 42 Dalton Road Mills River, North Carolina 28759 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 N00033251 Shelley McCoy Alexander Camp Highlander Wastewater Treatment Plant Case No. LV-2009-0378 Henderson County Dear Ms. Alexander: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$417.00 ($350.00 civil penalty + $67.00 enforcement costs) against Shelley McCoy Alexander. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Shelley McCoy Alexander for the month of June 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO033251. The violations which occurred in June 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Shelley McCoy Alexander violated the terms, conditions or requirements of NPDES Permit NCO033251 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Shelley McCoy Alexander: NorthCarolina JVaturallr� SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0033251, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLL 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0033251, by discharging waste water into the waters of the State in violation of the Permit Monthly Geometric Mean limit for FEC COLI. $350.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $417.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty l 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 i �__:! �,_ ' _ow 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 determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of 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 OIL 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a I�/ tee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings chin seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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, �J Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/attachments Trevor McMiniV Trevco/ ORC w/ attachments �.z),; 4.A\.is Dui i , ! E_;;t �. ,?El .'' ".:_l.. \\ �__. �i JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0375 County: Henderson Assessed Party: Shelley McCoy Alexander/Camp Highlander Permit No.: NC0033251 Amount Assessed: $417.00 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 Heaping, 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: L �� �� '��i __ __ E OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE FEARING AND STIPULATION OF FACTS SHELLEY MCCOY ALEXANDER/ ) CAMP HIGHLANDER ) PERMIT NO. NCO033251 ) FILE NO. LV-2009-0378 Having been assessed civil penalties totaling$417.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 20, 2009,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 � C LLJ a) N d N U ~ W N z N O E "cc, 0 CD i- E OJ U X O � �w N � � Q Z _O U w W~ p > p 0:] c o N N LU W F W p O Q:) p J J Ct c0 UQ N Q U e o � = W LL Z Z Q D J W ik ik O U L OU d � •O M C O Q X o F N O z s W Q N -) o 0 >. > a E E ct X X V W LL N N m z OW o 0 Q D �t o z z W Q > U a.. N C ro � W w O O a E w w U z O c c _J Q a) a) U V w w Q O LL J J F- o 0 D O L N Z p N QO o 0 1'.-. O e I.-M N N U O zw ° Z O F O_ >uj tr o 0 0 0 n E z N J CL n TO: NPDES UNIT WATER QUALITY SECTION ATTENTION: Bob Guerra DATE: October 20, 2009 NPDES STAFF REPORT AND RECOMMENDATION HENDERSON COUNTY PERMIT NUMBER NCG551474 PART I - GENERAL INFORMATION 1. Facility and Address: Lot 6, Sugar Hollow Subdivision Henderson County Mailing: Post Office Box 862 Flat Rock, NC 28731 2. Date of Investigation: August 12, 2009 3. Report Prepared By: Keith Haynes ,4. Persons Contacted and Telephone Number: None 5. Directions to Site: Kanuga Rd to Kanuga Lake Rd, first right second lot on left 6. Discharge Point(s), List for all discharge points: Latitude: 35 degrees 16 minutes 40 seconds Longitude: 82 degrees 30 minutes 11 seconds Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S.-Quad No. F9SW U.S.G.S. Quad Name Hendersonville 7. Site size and expansion area consistent with application? Yes X No If No, explain: 8. Topography (relationship to flood plain included): Not in flood plain 9. Location of nearest dwelling: Onsite 10. Receiving stream or affected surface waters: a. Classification: "B" UT Mud Creek b. River Basin and Sub basin No.: French Broad River 04-03-02 C. Describe receiving stream features and pertinent downstream uses: secondary recreational and wildlife propagation. -1= PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1: a. Volume of wastewater to be permitted 480 gpd b. What is the current permitted capacity of the Wastewater Treatment facility? Not applicable C. Actual treatment capacity of the current facility (current design capacity Not applicable d. Please provide a description of existing or substantially constructed wastewater treatment facilities: None 2. Residuals handling and utilization/disposal scheme: N/A— septic tank pumping PART III - OTHER PERTINENT INFORMATION Alternative Analysis Evaluation: Has the facility evaluated all of the non-discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: No land available Connection to Regional Sewer System: none close Subsurface: Site not suitable Other disposal options: Apparently none PART IV - EVALUATION AND RECOMMENDATIONS The region concurs with the issuance of the general permit; however, there is no stream on site and the land owner must have easements to gain access to the proposed receiving stream. It is suggested that a sentence be added to the cover letter advising the owner that he can't build the system unless he has access to the proposed receiving stream. Signature of Report Preparer '4 Water uality Regional Supervisor r Dat6 -2- xf NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION October 21, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED—70071490 0004 0713 8809 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-2009-DV-0299 Town of Hot Springs Permit Number WQCSDO086 Wastewater Collection System Madison County Dear Mr. Norton: 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 7, 2009 a staff member with the Asheville Regional Office 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. Again on October 22, 2008 an Sanitary Sewer Overflow (SSO) was observed from this location. 15 A NCAC 02B.0506,(a)(2)(A) requires that "any failure of a collection system, pumping station or treatment facility resulting in a by-pass without treatment of all or any portion of the Wastewater", be reported by telephone to the Asheville Regional Office, or Central Office within 24 hours of the SSO or first knowledge of the SSO. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�7One Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 1�Orth Carolina Internet: www.ncwaterquaity.org a�atuyld4 An Equal Opportunity 1 Affirmative Action Employer �/ y As of this date no report has been received by this office of this SSO, and no written report has been received. 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 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 discharge of wastewater without a permit, and failure to report a Sanitary Sewer Overflow (SSO). Please respond to this office within fifteen days (15) from date of receipt of this NOV regarding this incident and the Town of Hot Springs plan to prevent further SSO's from occurring. Should you have questions or need additional information, please contact Don Price at (828) 296-4500 . Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Regional Office Cc: ARO, Files Jeff Menzel, Division of Water Quality, ARO Don Price, Division of Water Quality, ARO \\Nroar06\voll\UA1'A\WPDA'I'A\I)EMWQ\Madison\Hot Springs Collection System\NOV 2009_UV 0299.doc A •p irc6ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 22, 2009 Darhyl Boone, Town Manager Town of Mars Hill Post Office Box 368 Mars Hill, N.C. 28754 Subject: Permit No. WQ0034418 Town of Mars Hill NC 213 Sewer Line Replacement Wastewater Collection System Extension Madison County Dear Mr. Boone: In accordance with your application received October 19, 2009, we are forwarding herewith Permit No. WQ00.34418, dated October 22, 2009, 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 Don Price 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. Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system. 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 DENR Customer Service Center Telephone 1 800 623-77-48 An Equal Opportunity Action Employer 50%recycled/10%o post-consumer,paper Town of Mars Hill October 22, 2009 Pagt- 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 for the construction and operation of approximately 643 linear feet of 12-inch gravity sewer, to replace 640 linear feet of 10-inch gravity sewer that is more than 40 years old; as part of the Highway 213 Sewer line Replacement with no new sewer flow associated with the project. Pursuant to the application received October 19, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit; 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 Don Price 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) McGill Associates, Michael J. Waresak, P.E. Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 PERMIT NO W00034418, Town of Mars Hill, Madison County October 22, 20 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 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 ,f NO. W00034418 Town of Mars Hill Madison County October 22. 2009 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. 12. This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's` Certification is received and approved by the Division. Permit issued this the 22 Day of October, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for of ' n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034418 3 PERMIT NO W00034418, Town of Mars Hill Madison County October 22 20 :, ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: Town of Mars Hill for the construction and operation of approximately 643 linear - feet of 12-inch gravity sewer,to replace 640 linear feet of 10-inch gravity sewer that is more than 40 years old; as part of the Highway 213 Sewer line Replacement with no new sewer flow associated with the project. 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 (❑ periodically, ❑weekly, ❑ full time)the construction of the NC Hwy. 213 Sewer Line Replacement 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. 1a®r rCURR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 22, 2009 Joseph Moore, P.E.,City Manager City of Brevard 95 West Main Street Brevard, N.C. 28712 Subject: Permit No. WQ0034416 City of Brevard Batson Road Sewer Relocation Wastewater Collection System Extension Transylvania County Dear Mr. Moore: In accordance with your application received October 16, 2009, we are forwarding herewith Permit No. WQ0034416, dated October 22, 2009, to City of Brevard for the construction and operation - of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference.). Please send Don Price 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. (Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system) 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 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper City of Brevard October 22, 2009 Pagb. 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 Brevard for the construction and operation of approximately 251 linear feet of 8- inch gravity sewer for the relocation of existing sewer, no new sewer services being proposed, as part of the Batson Road Sewer Relocation project, and the discharge of 0 gallons per day of collected domestic wastewater into the existing sewerage system, pursuant to the application received October 16, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Brevard's Wastewater Treatment Facility (Permit No. NC0060534) 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 Don Price at (828) 296- 4500. Sincerely, for Co)een H. Sullins, Director Division of Water Quality cc: Transylvania County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0060534) High Country Engineering, PC, Michael R. Goforth, P.E. Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 §143-215.1 C. 1 PERMIT NO WQ0034416, City of Brevard Batson Road Sewer Relocation Transylvania CountyOctober 22 21. 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 ,rt NO. W00034416 City-of Brevard Batson Road Sewer Relocation Transylvania CountyOctober 22209 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 12. This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. Permit issued this the 22 Day of October, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �AbrabLleVH. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034416 3 PERMIT NO W00034416 Cif of Brevard Batson Road Sewer Relocation Transylvania CountyOctober 22 2, ENGINEERING CERTIFICATION -POST CONSTRUCTION System Description: City of Brevard for the construction and operation of approximately 251 linear feet of 8-inch gravity sewer for the relocation of existing sewer, no new sewer services being proposed, as part of the Batson Road Sewer Relocation project, and the discharge of 0 gallons per day of collected domestic wastewater 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 Batson Road sewer Relocation 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. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 22, 2009 Ms. Monica Schwalbach, Acting Forest Supervisor USDA US Forest Service P.O .Box 2750 Asheville, North Carolina 28802 Subject: NOTICE OF VIOLATION NOV-2009-LV-0460 Permit No. NCO020460 Sliding Rock Recreation Area WWTP Dear Ms. Schwalbach: Transylvania County A review of Sliding Rock Recreation Area's monitoring report for June 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type pH 06/05/2009 6 su <6 su (= 0) Daily Minimum Not Reached Fecal coliform 06/16/2009 400#/100ml >60#/100ml Improper Reporting It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance. Please contact Gary Francies of the DWQ Laboratory Certification Branch for proper laboratory reporting procedures for parameters pH and Fecal coliform. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, . =euv- Roger C. Edwards, Regional Supervisor cc: DWQ Asheville Files Surface Water Protection Section DWQ Central Files Gary Francies/ DWQ Lab Certification Unit James &James Environmental/ORC G�IIVVPI Ar1 DE try 1 {�1 }��.3ii One :.x . NorthCarolina Nallmallil 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 �\ �, , i�V `� __ UWi Ad —� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October22, 2009 Greg D. Bryant Bryant's Land & Development Industries 159 Depot Street Burnsville, N.C. 28714 Subject: Permit No. WQ0034411 Bryant's Land & Development Industries Depot Street Sewer Extension Wastewater Collection System Extension Yancey County Dear Mr. Bryant: In accordance with your application received October 14, 2009, we are forwarding herewith Permit No. WQ0034411, dated October 20, 2009, to Bryant's Land & Development Industries 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 Don Price 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 DEN Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/1 0%post-consumer paper Greg D. Bryant October 22, 2009 Pay 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 Bryant's Land & Development Industries for the construction and operation of approximately 847 linear feet of 8-inch gravity sewer; to serve five (5) Commercial Units of approximately 1000 square feet each and ten (10) 3-bedroom townhomes, as part of the Depot Street Sewer Extension project, and the discharge of 3500 gallons per day of collected domestic wastewater into the Town of Burnsville's existing sewerage system, pursuant to the application received October 14, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Burnsville's Wastewater Treatment Facility (Permit No. N00020290) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Bryant's Land & Development Industries and the Town of Burnsville for the collection and final treatment of wastewater is in full force and effect. 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. i If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincerely, 9 J for Coleen H. Sullins, Director Division of Water Quality cc: Yancey County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0020290) Michael Lovoy, P.E.,Advantage Civil Engineering Town of Burnsville Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 WQ0034411 Depot Street Sewer Extension Yancey County October_22. L 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 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 AT NO. WQ0034411 Depot Street Sewer Extension Yancey County October 22 2009 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. 12. If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. 13. An additional permit amendment (complete with fee) must be requested and received from the Division of Water Quality prior to serving any units in addition to the 10-3 bedroom townhomes and 5-1000 square feet commercial units permitted herein. 14. No wastewater flow shall be made tributary to the subject sanitary sewer system until the wastewater treatment facility (NPDES permit number N00020290) expansion is constructed, operational, and the engineer's certification has been received by the Division of Water Quality. 3 PERMIT NO WQ0034411 Depot Street Sewer Extension Yancey County October 22 c. Permit issued this the 22 Day of October, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION m for Colelpn H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034411 4 :MIT NO._WQ0034411 Depot Street Sewer Extension,Yancey County October 22 2009 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: construction and operation of approximately 847 linear feet of 8-inch gravity sewer; to serve five (5) Commercial Units of approximately 1000 square feet each and ten (10) 3-bedroom townhomes, as part of the Depot Street Sewer Extension project, and the discharge of 3500 gallons per day of collected domestic wastewater into the Town of Burnsville's existing sewerage system, 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 (❑ periodically, ❑ weekly, ❑ full time) the construction of the Depot Street Sewer Extension 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. ��_ �r,r% �. A�j YAIF RCEDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 22,2009 Lok King Kong PO Box 756 Murphy,NC 28906 Subject: Return of Application 401 Water Quality Certification Kong-Tranquilichee River Subdivision DWQ Project# 08-1001v2 Cherokee County Dear Mr. Kong: The Division of Water Quality(DWQ)has reviewed the most recent application submittal, dated September 30,2009,for the subject project. The requisite information required to complete the review - process was not included. Therefore, the project application is considered incomplete and inadequate for review by the Division of Water Quality. Please note: No impacts associated with the subject project are approved at this time. To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well as the additional information presented below. Additional Information Required: 1. Stormwater Plan: A Stormwater Management Plan (SMP) must be provided for any drainage areas that exceed 24 percent imperviousness. Some information that will be needed is as follows: Please provide five (5) copies of stormwater management plans along with all supporting information pertaining to this project including the following: (i) Entire site development/layout plans delineating all drainage areas (ii) Design calculation sheets for all proposed BMP(s) sized for both on-site and off--site drainage (iii)BMP supplements for each proposed BMP and Required Items Check List(http://h2o.enr.state.ne us/su/bmp forms htm) along with all required items Surface Water Protection-Asheville Regional Office Location: 2090 US HWY 70,Swannanoa,North Carolina 28778 1t7One �^+ Phone:828-296-45001 FAX828-299-70431 Customer Service:1-877-623-6748 1 ti rtllt�.c`roll 1a. Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer L ` Page 2 of 2 Kong 408-1001v2 October 22,2009 (iv)A Notarized Operation& Maintenance Agreement for each stormwater management facility (v) Detailed construction drawing sheets shall include: a. Erosion and sediment control plans b. Installation and planting schedules for the proposed BMPs c. Appropriately scaled plan views (1":50' scale) and cross sectional details of all BMPs and associated components—inlet and outlet structures, forebay, respective zones and pertinent elevations. 2. Mitigation: Wetland fill of 0.21 acres is requested with Permittee Responsible Mitigation. No information has been provided for mitigation. Upon receipt of a complete application along with the applicable fee, the DWQ will promptly review the package and respond accordingly. Please call Linda Wiggs 828-296-4500, if you have any questions. Sincerely, Roger C. Edwards Regional Office Supervisor >' Surface Water Protection Section cc: Ronnie Dilbeck—Green Solutions-PO Box 284 Franklin,NC 28744 Lori Beckwith-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Cherokee County Planning Dept. Cyndi Karoly-401 Permitting Unit ARO File copy G:\WPDATA\DEMW Q\Cherokee\401 s\08-1001 QKongRetum.doc IMA A1° NCDG North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 22, 2009 Omni Supply Company Doug Bush Williams Hicks PO Box 99 Patterson, NC 28661 Subject: No-Exposure Certification NCGNE0610 Omni Supply, Inc 1427 Yadkin River Road Caldwell County Dear Messrs. Bush and Hicks: The Division of Water Quality (DWQ) has reviewed your submittal of the No-Exposure Certification for Exclusion from NPDES Stormwater Permitting. Based on your submittal and signed certification of no exposure at the above referenced facility, the Division is granting your conditional exclusion from permitting as provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of your no-exposure certification,you are obligated to maintain no- exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a no-exposure exclusion,you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no-exposure exclusion expires in five years (October 21, 2014). At that time you must re-certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Linda Wiggs at(828)-296-4500. Sincerely, for Coleen H. Sullins cc:Asheville Regional Office Stormwater Permitting Unit, No-Exposure Files GAVVPDATA\DEMWQ\Caldwell\Omni Supply\noExposure-Omni.cloc Surface Water Protection-Asheville Regional Office one Location: 2090 US HWY 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-296-4500\FAX828-299-7043\Customer Service:1-877-623-6748 Internet:www.ncwaterquality.org Natmilally An Equal Opportunity\Affirmative Action Employer `t lL l` l/ � \��I ��/ rAW;'►► tl® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 23, 2009 Mr. Michael Cook Crayton Fields, LLC 155 Garrison Branch Weaverville,NC 28787 Subject: Activities Deemed Certified Crayton Fields Subdivision DWQ Project# 09-1005 Buncombe County FRB02/UT Sweeten Creek/6-78-24/C Dear Mr. Cook: The Division of Water Quality(Division)has completed the review of the 401 Water Quality Certification application associated with the project listed above. "t has been determined that the subject project does not require written concurrence from the Division and is -deemed certified, if the conditions required by Water Quality Certification No. 3705 are followed(attached). In addition, Crayton Fields should obtain or otherwise comply with any other required federal, state or local permits before proceeding with the project, including(but not limited to)Erosion and Sediment Control regulations, buffers, and stormwater management. This letter completes the review of your application by the Division under Section 401 of the Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office at 828-296-4665. Sincerely, ji � Rogd'r C. Edwards Regional Office Supervisor, Surface Water Protection Section CHS/saw w/attachment cc: USACE Asheville Regulatory Field Office Wildlife Resources Commission—David McHenry 401 Permitting Unit—Central Office ARO File Copy James Mock, PE, Mercer Design Group, P.O. Box 1516, Weaverville, NC 28787 GAWPDATA\DEMWQ\Buncombe\401 s\Crayton Fields,LLC\Deemed Certified 10 22 2009.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-70431 Customer Service:1-877-623-6748 1� Internet:www,ncwaterqual4.org N �aturallr� An Equal Opportunity 1 Affirmative Action Employer doe NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 23, 2009 Liz Huesemann, Executive Director Irene Wortham Center, Inc, 916 West Chapel Road Asheville, N.C. Subject: Permit No. WQ0034412 Irene Wortham Center, Inc. Irene Wortham Adult Day Care Center Wastewater Collection System Extension Buncombe County Dear Ms. Huesemann: In accordance with your application received October 16, 2009, we are forwarding herewith Permit No. WQ0034412, dated October 23, 2009, to Irene Wortham Center, Inca 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 Don Price 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. Also note Permit Condition 12 regarding future flow allocation to the subject wastewater collection system. 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 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Irene Wortham Center, Inc. October 23, 2009 Patj, 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 Irene Wortham Center, Inc. for the construction and operation of approximately 273 linear feet of 8-inch gravity sewer to serve a Medical/Residential Care facility for 58 persons as part of the Irene Wortham Adult Day Care Center project, and the discharge of 3,500 gallons per day of collected domestic wastewater into the Metropolitan Sewerage District of Buncombe County's existing sewerage system, pursuant to the application received October 16,2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Metropolitan Sewerage District's Wastewater Treatment Facility (Permit No. NCO024911) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Irene Wortham Center, Inc. and Metropolitan Sewerage District of Buncombe County for the collection and final treatment of wastewater is in full force and effect. 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 Don Price at (828) 296- 4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Buncombe County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NCO024911) Charles J. Christy, P.E., Wade Trim, Inc. Metropolitan Sewerage District of Buncombe County Surface Water Protection Section Central Files PERCS Files :NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH - WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT 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 (Le. 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. i PERMIT NO W00034412 Irene Wortham Center, Inc Adult Day Care Center, Buncombe County,October 23 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 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 i NO. W00034412 Irene Wortham Center, Inc, Adult Day Care Center Buncombe County October 23 2009 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 I(2), Part If of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. This permit shall be for the construction of the wastewater collection facilities only. No flow shall be made tributary to the subject facilities until permit modification application is submitted (with the appropriate fee), a modified permit is issued, and the Engineer's Certification is received and approved by the Division. Permit issued this the 23 day of October, 2009 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION rl C for Col n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034412 3 PERMIT NO W00034412, Irene Wortham Center, Inc Adult Day Care Center Buncombe County.October 23 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: Irene Wortham Center, Inc. for the construction and operation of approximately 273 linear feet of 8-inch gravity sewer to serve a Medical/Residential Care facility for 58 persons as part of the Irene Wortham Adult Day Care Center project, and the discharge of 3,500 gallons per day of collected domestic wastewater 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 Irene Wortham Adult Day Care Center 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. a •. N North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 26, 2009 T.M. Kaney Wolf Laurel Roads& Securities 63 Village Lane Mars Hill,NC 28754 Subject: Request for More Information 401 Water Quality Certification Wolf Laurel Bridge Replacement DWQ Project# 09-0979 Madison County Response deadline: November 25, 2009 Dear Mr. Kaney: he Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Ownership/Legally Registered Entity. The owner for the project must be a legally registered entity. Please provide documentation from the North Carolina Secretary of State that Wolf Laurel Roads & Securities Board is a registered entity. The registered agent is then the signer for the application (unless the agent properly delegates that authority). In addition, Part A.3.b. of the application requires the Deed Book and Page No. This portion of the application was not completed as required. 2. Avoidance and Minimization. Part A.La. of the application has not been answered. This portion of the application is required by 15A NCAC 02H .0506 and must be completed. The DWQ will not be able to issue a certification for the project unless the activity minimizes adverse impacts to surface waters. The surface water to be impacted is Wolf Laurel Branch, a Class C, ORW, HQW stream in the French Broad River Basin. As part of this requirement,the applicant shall provide an evaluation of alternatives to the 4, 24 inch culverts. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NOTJ1�1'L 1 h Cf c`yi-o.l ii.n.a An Equal Opportunity I Affirmative Action Employer Avy a l f Mr.Kaney October 26,2009 Page 2 of 3 This includes, but may not be limited to, replacement of the bridge with another bridge, replacement of the bridge with a bottomless culvert(spanning structure), replacement of the bridge with a single culvert, or dual culverts. DWQ believes the use of four culverts will result in an over-widening of the existing stream channel, in violation of Water Quality Certification No. 3704. In evaluation of multiple culverts,the DWQ requires that a single culvert be used to handle base flow and another culvert be used to accommodate higher flows (ref. Water Quality Certification No. 3704, Condition 14—Placement of Culverts and other Structures in Waters and Wetlands). Cross sectional details must be included with the plans. Again, it must be demonstrated that culverts are the most practicable alternative in light of other alternatives. 3. Mitigation. Part D.2. of the application requires information regarding mitigation. The DWQ requires that stream impacts for a project, in excess of 150 linear feet of streams (intermittent and perennial), propose and implement mitigation(15A NCAC 2H .0506(h)) to offset these impacts. As all of the developments surrounding, or sharing property boundaries, with the Wolf Laurel Ski Resort are part of the same project, all impacts to waters must be quantified, and if mitigation is lacking, mitigation must be proposed to fulfill this requirement for the development activity, as part of this application. Please provide your response in writing to the addresses below prior to November 25, 2009. Four copies of the required information should be provided to the 401 Permitting Unit at: Ms. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and a single copy to the Asheville Regional Office at: Susan A. Wilson Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized(at this time) by the DWQ. Please call Susan A. Wilson at 828-296-4500, if you have any questions. Sincerely, Roger C. Edwards Regional Office Supervisor Surface Water Protection Section cc: David Baker-US Army Corps of Engineers Asheville Field Office David McHenry-North Carolina Wildlife Resources Commission Cyndi Karoly -401 Permitting Unit Theresa M. Simmons, Mattern& Craig, Inc., 12 Broad Street, Asheville,NC 28801 ARO File copy G:\WPDATA\DEMWQ\Madison\401s\Wolf Laurel Bridge ReplacementWddlnfo Wolf Laurel Bridge replacmnt 10 2009.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary October 26, 2009 Mr. & Mrs. Harry James James&James Environmental Management P.O. Box 519 Mountain Home, North Carolina 28758 Re: Discharge Monitoring Reports Dear Mr. & Mrs. James: In a response from your firm dated 10/14/09 for an NOV for Greystone WWTP(and some other facilities) you stated "The reported value for the TSS was 50.6 mg/!..,. This also is within the 20% allowable range of the permitted limit. Therefore, the back of the DMR was marked compliant" This statement in your response is incorrect. The permit limit is the permit limit. Any value reported greater than the permit limit is considered to be non-compliant. When the permit limit is exceeded by less than 20 % the facility will receive a Notice of Violation. The compliance box on the back of the DMR should be marked as"Non-Compliant." If the permit limit is exceeded by 20 % or more the facility will receive a civil penalty and the box should be marked"Non- Compliant". It has also come to my attention that DMRs sent by your firm for Total Residual Chlorine are marked with 50 pg/I as the permitted limit. The permit limit for Total Residual Chlorine has not changed from the 17 pg/I or 28 pg/I permit limit, depending on the permit- it is simply how the reported values will be evaluated by DWQ from a compliance standpoint. Because of detection limitations effluent values for TRC below 50 pg/I will be considered in compliance. Please see the enclosed guidance for TRC reporting. If you should have any questions please do not hesitate to contact Janet Cantwell of the DWQ staff at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Asheville Regional Office Enclosure Cc: Asheville Files Central Files Don Price/ DWQ Consultant Gary Francies/DWQ Lab Certification Unit SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone;828-296-45001 FAX:828-299-10431 Customer Service 1 877 623 6748 K` ���'/N���� Internet: www.ncwaterquality,org An Equal Opportunity l Affirmative Action Employer A /-. �; �_ �_.-' __ Michael F.Easley,Governor State of North Carolina G William G.Ross,Jr.,Secretary Department of Environment and Natural Resources •� Coleen H.Sullins,Director Division of Water Quality May 1, 2008 To: NPDES Permittees Subject: Total Residual Chlorine 50 ug/l Compliance Level In a previous letter dated August 14, 2001, the Division of Water Quality (DWQ) notified NPDES permittees that water/wastewater treatment facilities with Total Residual Chlorine (TRC) effluent limits would be required to use analytical methods that produce detection levels below their permit limit by July 1, 2002. [Note: TRC permit limits are typically set between 17 to 28 ug/1 for discharge to freshwater systems, and 13 ug/l for discharge to saltwater systems]. This requirement was based on an Environmental Protection Agency (EPA) audit of the NC enforcement program. It was also necessary to ensure water quality protection and compliance with state monitoring regulations [15A NCAC 213.0505(e)(4)]. Since that time, DWQ has received several inquiries regarding difficulties with the new analytical methods, primarily focused on 1) lack of precision with field instrumentation at low TRC levels for both water and wastewater treatment plants; and 2) manganese interference with TRC measurement at several water treatment, plants. Some facilities have overcome these problems through various changes, such as: 1) switching dechlorination chemicals; 2) adding a second dechlorination feed; 3) changing analytical methods; 4) incorporating manganese correction; 5) switching to UV disinfection; 6) removing sludge from water treatment plant settling basins. Also, the DWQ Laboratory Certification staff have provided extensive field assistance for the new lab methods. Still, some analytical issues remain. In response to the permittee's concerns, the Division is providing the following changes to its TRC requirements: ❑ TRC Compliance Level Changed to 50 ug/l. DWQ continued discussions with EPA regarding analytical difficulties with TRC measurements, and in March 2008 received EPA approval to allow a 50 ug/l TRC compliance level. This will not change the analysis, annual verification of meter performance, or data reporting, but simply how the reported values will be evaluated by DWQ from a compliance standpoint. Facilities will still be required to report actual results on their monthly DMR submittals, but for compliance purposes all TRC values below 50 ug/l will be treated as zero. For example, if the facility has a TRC limit of 17 ug/l and reports a TRC value of 40 ug/1 on the DMR, this value will be considered compliant under this new policy. This new compliance level is effective March 1,2008 (beginning with March 2008 DMR submittals). DWQ will continue to incorporate TRC effluent limitations into NPDES permits for all water/wastewater treatment facilities that discharge chlorine-bearing wastestreams to surface waters. While this new TRC compliance level of 50 ug/1 is effective beginning March 1, 2008, it will be incorporated into existing NPDES permits with TRC effluent limits upon permit renewal. At that time, the following TRC footnote language will added to the Effluent Limitations Sheet: "The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 ug/1 will be treated as zero for compliance purposes." Division of Water Quality,Point Source Branch Telephone(919)733-7015 one 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 FAX(919)733-0719 N�o�Carolina 512 N.Salisbury Street,Raleigh,North Carolina 27604 On the Internet at http://h2o.enr:state.nc.us/ ✓►atmrallf An Equal OpportunityfAffirmafive Adon Employer Page 2 of 2 " May 1,2008 TRC 50 ug/1 Compliance Memo \ DWQ reserves the right to modify this policy in the future as analytical methods evolve. If you have questions about the content of this letter, please contact Tom Belnick at (919) 733-5083, extension 543. If you need assistance with your TRC analytical methodology, please contact Gary Francies with the DWQ Water Quality Lab at(828) 296-4677 Sincerely, Matt Matthews, Supervisor Point Source Branch ; 2 -..r... AJ'LAh NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 27, 2009 William N Hughes Town of Murphy PO Box 130 Murphy NC 289060130 Subject: NOTICE OF VIOLATION NOV-2009-LV-0473 Permit No. NCO020940 Murphy WWTP Cherokee County Dear Mayor Hughes: A review of Murphy WWTP's monitoring report for June 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Cyanide, Total (as Cn) 06/24/09 22 ug/I 25 ug/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct this problem. Since there were no comments on the reverse of the DMR providing an explanation for the subject violation, it is requested that a written response be submitted, to the attention of Keith Haynes of this Office, by November 16, 2009. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you should have any questions, please do not hesitate to contact Keith Haynes at 828/296-4500. Sincerely, w Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: WQ Central Files PERCS Unit NorthCarolina 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 NOV-2009-Iv-0473.doc FAX (828)299-7043 1-877-623-6748 A! NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 27,2009 Graham County DWQ Project No. 091039 NCSR 1249(Old Field Gap 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 twelve (12) unnamed tributaries to the Cheoah River, two (2) unnamed tributaries to Puncheon Camp Branch, Halfmile Branch and in an unnamed tributary to Halfmile Branch for the purpose of widening and making improvements to NCSR 1249 (Old Field Gap Road) in Graham County: Stream Impacts in the Little Tennessee River Basin Site Permanent Streambank Permanent Fill in Temporary Total Stream Stream Fill in Stabilization in Perennial Stream Dewatering in Impact Impacts Intermittent Perennial Stream (linear ft) Perennial Stream (linear ft) Requiring Stream (linear ft) (linear ft) Mitigation (linear ft) (linear ft Site 1 0 0 0 65 65 0 Site 2 0 0 0 60 60 0 Site 3 0 0 5 60 65 0 Site 4 0 0 0 65 65 0 Site 5 0 0 5 65 70 0 Site 6 0 0 5 65 70 0 Site 7 0 0 5 65 70 0 Site 8 0 0 10 65 75 0 Site 9 0 0 10 65 75 0 Site 10 0 0 10 65, 75 0 Site 11 0 0 9 65 74 0 Site 12 0 0 g 65 73 0 Site 13 0 0 0 65 65 0 Site 14 0 0 -2 67 65 0 Site 15 0 0 0 75 75 0 Site 16 0 0 5 65 70 0 Total 0 1 0 1 70 1042 1112 0 Total Stream Permanent Impact for Project: 70 linear feet. Temporary Impacts for Project:1042 linear feet. SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 Otis Customer Service:1-877-623-6748 NOft�1C Internet:www.ncwaterguality.orq ij�^f/�O//�/ln An Equal Opportunity 1 Affirmative Action Employer Naturally ate+`ally Mr. J.B. Setzer, P.E. October 27,2009 Page Two The project should be constructed in accordance with your application dated September 29, 2009 (received October 1, 2009), 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 approval is valid solely for the purpose and design described in your application(unless modified below). Should your project change, you must notify NCDWQ 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. 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. 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. 4. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 4B.0124(a)-(e)J in areas draining to trout waters. However,due to the size of the project,NC DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover(wheat, millet, or similar annual grain)or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. Coir fiber matting shall be used in conjunction with appropriate seeding on disturbed soils involving steep slopes in riparian areas,and should be secured in place with staples and wherever possible include installation of live stakes of native trees. ....._......_..... . per PE 1, 2009 t"hree Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of temporary groundcover within riparian zones: Discharging hydroseed mixtures and wood or cellulose mulch into surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 5. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 6. If multiple pipes or barrels are required,they 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. 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. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to the stream channel shall be temporary and revegetated with native riparian species. 9. 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-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. 10. 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. 11. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 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. 12. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions: 13. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 14. 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. 15. 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. 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. Mr. J.B. Setzer, PE October 27,2009 Page Four 17. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 20. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 21. 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. 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 NCDOT Division Engineer and the on-site project manager. 23. 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. 24. 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 NCDWQ 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,NCDWQ may reevaluate and modify this certification 25. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 26. 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, t 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 91039(Setzer)NCSR 1347(Goshen Road) A ®. i!C DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 27,2009 Rutherford County DWQ Project No. 081633V2 NCSR 1725 (South Creek Road) APPROVAL of 401 Water Quality Certification with Additional Conditions-Modification Mr. J. J. Swain,Jr.,P.E. Division 13 Engineer N C Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Dear Mr. Swain: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in Buck Hollow Branch, for the purpose of widening and making improvements to NCSR 1275 (South Creek Road)in Rutherford County: Stream Im acts in the Broad River Basin Site Permanent Temporary Fill Permanent Fill in Temporary Total Stream Stream Fill in in Intermittent Perennial Stream Dewatering in Impact Impacts Intermittent Stream (linear ft) (linear ft) Perennial Stream (linear ft) Requiring Stream (linear ft) Mitigation linear ft linear ft Original 0 0 16 40 46 0 approved impacts at Site 2 Station 23+00 Additional 0 0 36 60 96 0 Impacts with this approval - at Site 2 Station 23+00 Total 0 0 36 60 96 0 Total Stream Permanent Impact for Project: 36 linear feet. Temporary Impacts for Project: 601inear feet. SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:828-299-7043 Customer Service:1-877-623-6748 NOne Internet:www.ncwateroualitv.orq 1/thC i1roy/fina An Equal Opportunity 1 Affirmative Action Employer NahmRll� Mr. J. J. Swain,Jr., PE October 27, 2009 Page Two The project should be constructed in accordance with your application dated October 15, 2009 (received October 20, 2009), 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 approval is valid solely for the purpose and design described in your application(unless modified below). Should your project change, you must notify NCDWQ 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. All other conditions written into the previous Water Quality Certification dated November 3, 2008, for this project, still apply. 2. 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. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 4. The permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted with this application. 5. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, this Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. ain,Jr. P.E. 27, 2009 Three 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 ofthe Federal 404 and or Coastal Area Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA Permit. 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, v t Coleen H. Sullins, Director Division of Water Quality Roger Bryan,Division 13,DEO Ed Ingle, Roadside Environmental David Baker, USAGE,Asheville Field Office Transportation Permitting Unit Mike Parker,Asheville Regional Office . 081633V2 NCSR 1725(South Creek Road) �\ \�_..i gANA, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 29, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8793 Mr. Mel S. Cohen City of Morganton PO Box 3448 Morganton,NC 28655-9850 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 NCO026573 City of Morganton Catawba River Pollution Control Facility Case No. LV-2009-0392 Burke County Dear Mr. Cohen: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $6,317.00 ($6,250.00 civil penalty+ $67.00 enforcement costs) against City of Morganton. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by City of Morganton for the month of July 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0026573. The violations which occurred in July 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Morganton violated the terms, conditions or requirements of NPDES Permit NCO026573 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Morganton: NorthCarolina Naturally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwateroualitv.org G:\WPDATA\DEMWQ\13urke\26573 Morganton WWTP I of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $625.00 NC0026573, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for BOD - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $625.00 NC0026573, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean limit for FEC COLI. 2 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,250.00 NC0026573, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for TSS - Conc. I of the I viol;ations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,875.00 NC0026573, by discharging wastewater into waters of the State in violation of the Permit Monthly Average for TSS - Conc. 1 of the 1 viol;ations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,875.00 NC0026573,by discharging wastewater into waters of the State in violation of the Permit Monthly Average for BOD - Conc. $67.00 Enforcement Costs $6,317.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. 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 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 determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of 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 Dearing, 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 Jeff Menzel of the Water Quality staff in the Asheville Regional Office at 828-296-4500. Sincerely, i 0 Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Asheville Files w/attachments Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/attachments Jeremy Rees/ORC w/attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0392 County: Burke Assessed Party: City of Morganton Permit No. : NC0026573 Amount Assessed: $6,317.00 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN AND NATURAL RESOURCES COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND } CITY OF MORGANTON ) CATAWBA RIVER POLLUTION CONTROL ) STIPULATION OF FACTS PERMIT NO. NCO026573 ) FILE NO. LV-2009-0392 Having been assessed civil penalties totaling$6,317.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 29, 2009,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 a d a N N W W N N N w N N N w N aai N N F w w w w w w w a� Z rn rn rn rn rn rn rn � F •� 0 ¢ ¢ a E ¢ Q ¢ a_. T T T T T T T Y Y C Q N ? w w _ M N OnaD O lh N N n e W r--w n: W N V' Zq N J� N Cl) O N N N N Q Q F- L m W LL f 0-7 j ZW tm cm E E E E E E E O U N M O Q O W f C Z Z (Q N W Y Y Y Y Y Y Y Y W Os O 3 3 3 3 3 3 3 3 _ - w x x x X x x x x U U. N N N N N N N N m Z W W O O O cn Ol FLU O O O O O O O O Q U Z •� gQ F W M O M w0O O O O O O O O O U y.+ > O U c O 3 0 a L d W U U U �p 0 0 0 0 2 U U U O V d m m m LL H H H Fw- H O c c c c c c c c U OU w w w w w w w w LL "� J Fa 0 0 0 0 o 0 0 0 O M � O Lo Z � O K H 00- o o o 0 0 0 0 0 p C Fd N N N N N N N N U O Z W r' rC rL Z p 0 tr F- O w ' a 0 0 0 0 IL Z vi m 0 vi m ro J a AN; North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 29, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7Q07 1490 0004 0713 8786 Mr. Mel S. Cohen City of Morganton PO Box 3448 Morganton,NC 28655-9850 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 NCO026573 City of Morganton Catawba River Pollution Control Facility Case No. LV-2009-0373 Burke County Dear Mr. Cohen: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,067.00 ($1,000.00 civil penalty+ $67.00 enforcement costs) against the City of Morganton. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the City of Morganton for the month of May 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0026573. The violations which occurred in May 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Morganton violated the terms, conditions or requirements of NPDES Permit NCO026573 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards,Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against City of Morganton: None rt arollina &SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Naturally Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Burke\26573 Morganton WWTP I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NC0026573,by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for BOD. l of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NC0026573,by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for RES/TSS. $1,000.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $1,067.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: I. 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. .;,sting remission is not the proper procedure for contesting whether the violation(s) ,curred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of 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 Jeff Menzel of the Water Quality staff in the Asheville Regional Office at 828-296-4500. Sincerely, 10 Roger. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Asheville Files w/attachments Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/attachments Jeremy Rees/ORC w/attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0373 County: Burke Assessed Party: City of Morganton Permit No. NCO026573 Amount Assessed: $1,067.00 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEIN, AND NATURAL RESOURCES COUNTY OF BURKE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND CITY OF MORGANTON ) CATAWBA RIVER POLLUTION CONTROL ) STIPULATION OF FACTS PERMIT NO. NC0026573 ) FILE NO. LV-2009-0373 Having been assessed civil penalties totaling $1,067.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 29, 2009, 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 to to m fn fP 9 0 o y 3 m 0 0 r '� X 0 0 -I C 9 < O -I O a!;oz Z v u m? C : o N N T i 0 0 00 (n N ID m 1 22 Z W A 4 W O C 0 o my r C r D0 CD m r 0 -1 z n � O D v � � 0 o m m o 0 m M a lD O C O 7 n O D < O Cl) N Do➢ Z n C _. D m m m O _ ZZ zco 'z m O D U1 (A "n C) m r CD m A C R7 7mc" 7mc m C O1 Z ^0t ;° D o � w 4 W 0 mz 0 fa V> 'zi C0 m W C r_ m N (n 3_ n D m <n m m rC W L4 a� cn m m 0 0 o 3< ;u rn .°ii -{� 0 O z m m y fD < m m r G O O m m z x x 9 m m m I CL m m a Q 1 �� _. MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 30, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 8779 Mr. Mansukh Patel Days Inn Marion 4248 S Highway 221 Marion, North Carolina 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES Permit NCO040291 Mansukh Patel Days Inn—Marion Wastewater Treatment Plant Case No. PC-2009-0114 McDowell County Dear Mr. Patel: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,067.00 ($2,000.00 civil penalty+$67.00 enforcement costs) against Mansukh Patel. This assessment is based upon the following facts: a review has been conducted on the maintenance of the Days Inn-Marion WWTP. This review has shown the subject facility to be in violation of the operations and/or maintenance requirements found in NPDES Permit NC0040291. The violations which occurred are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Mansukh Patel violated the terms, conditions or requirements of NPDES Permit NCO040291 in the manner and extent shown in Attachment A. In accordance with the permit requirements established by NC0040291, a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C.Edwards, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against Mansukh Patel: NorthCarolina NWA(Mallry SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043\Customer Service: 1-877-623-6748 Internet:www.ncwaterguality.org $2,000.00 2 of 2 violations for failing to properly operate and maintain the WWTP under conditions Part II Section C. 2. Proper Operation and Maintenance of Permit NCO040291. There has been no response in writing with a timetable for repairs on an inspection conducted December 16, 2008. There has been on response in writing with a timetable for repairs for a Notice of Violation/Notice of Intent to Enforce (NOV-2009-PC- 0806) for an inspection conducted September 10, 2009. $2,000.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $2,067.00 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 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 determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee(if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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, CI (r Z.1-�,��� a. c C� oger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/attachments Bob Guerra/DWQ Enforcement Files w/attachments James &James Environmental/ORC w/attachments -SREva JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2009-0114 County: McDowell Assessed Party: Mansukh Patel/Days Inn Marion PermitNo.: NCO040291 Amount Assessed: $2,067.00 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONML, AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS MANSUKH PATEL/DAYS INN-MARION ) PERMIT NO. NCO040291 ) FILE NO. PC-2009-0114 Having been assessed civil penalties totaling $2,067.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 30, 2009, 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 c O .0 N a N w a } c H z O a CI QF a) > J m m O a) L j a (A C a ° Z O > Z LLJ °LU 00 0 N UI co c�L d a N N N >L c o R° m=3y Y a 3 o C'cL } a�a z N N 0 D p no °N U 9M Ec m�ov tt a�3ti-c r l6 N p 7 O LF�N Q ~eta Z a N E(Dm W � u ¢a> = m U 3 w Q a o v�w N m c c�a r2 D may> Q z !UOLt. Z Qo=.o N LLJ V dm°--- U 0c0U= U N N.Cw N N Oidd 3 N lQ C Oa N d XN(cON E CD � vQ u C cmmmo O N c N a U O «�3ao F- fn fn d W rna N n L c p co F- m.n 0 N (6 ..I � U � ca LL W Q N C O O � N zF_ O of O CD 0 OF W z. m O� O i J W d Q d '_... zui o 0 a N i •. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 30,2009 Clay County DWQ Project No. 091083 NC Highway 69 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 an unnamed tributary of Blair Creek for the purpose of constructing a turn lane on NC Highway 69 in Clay County: Stream Impacts in the Hiwassee River Basin Site Permanent Streambank Permanent Fill in Temporary Total Stream Stream Fill in Stabilization in Perennial Stream Dewatering in Impact Impacts Intermittent Perennial Stream (linear ft) Perennial Stream (linear ft) Requiring Stream (linear ft) (linear ft) Mitigation linear ft (linear ft Site 1 0 0 31 134 165 0 Total 0 0 31 1 134 1 165 0 Total Stream Permanent Impact for Project: 31 linear feet. Temporary Impacts for Project: 134 linear feet. The project should be constructed in accordance with your application dated October 6,2009(received October 14, 2009), 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 approval is valid solely for the purpose and design described in your application(unless modified below). Should your project change, you must notify NCDWQ and submit anew 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. SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-45001 FAX:928-299-7043 Customer Service:1-877-623-6748 One Internet:wm.nmateraualitv.mg NQrthCarol..ina An Equal Opportunity 1 Affirmative Action Employer AahlL��ri`� Mr. J.B. Setzer, P.E. October 30, 2009 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. 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. 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. 4. Unless otherwise approved in this certification,placement of culverts and other structures in waters, streams,and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures.The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 5. If multiple pipes or barrels are required,they 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. b. 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. 7. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to the stream channel shall be temporary and revegetated with native riparian species. 8. 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-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. ; zer, P.E. J 0,2009 i hree 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. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 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. 11. The dimension,pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 12. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 13. 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. 14. 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. 15. 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. 16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 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. 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 NCDOT Division Engineer and the on-site project manager. 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 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 NCDWQ 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,NCDWQ may reevaluate and modify this certification. 24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 25. 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. Mr. J.B. Setzer, P.E. October'30, 2009 Page Four 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, Z Coleen H. Sullins,Director xY� jr 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 091083(Setzer)NC Highway 69