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HomeMy WebLinkAboutDWR SWP Read File Archive Oct 2012 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 1, 2012 Mr. Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland NC 28749 SUBJECT: Compliance Evaluation Inspection The Switzerland Inn Permit No: NCO030996 McDowell County Dear Mr. Jensen: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on September 18, 2012. The assistance of Mr. Ken Deaver and you was greatly appreciated. The facility was found to be in compliance with permit NC0030996. 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 Sinc ely, Katherine Jimison Chemistry Technician III Enclosure cc: Kenneth M Deaver, ORC Central Files Asheville Files inn (yEI dc c SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NorthCaroll/ina Internet:www.ncwate[guality ora N14A ra!IV United States Environmental Protection Agency `P/� Washington,D.C.20460 Form Approved. /`1 OMB No.2040-0057 Water (',nMpj0,qnrp inspection Re4mrt Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) 1 Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 15 I 31 NCO030996 111 121 12/09/18 117 181 C I 19I S I 20I II Remarks Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 701 I 711 I 721 N I 73I 'u J 74 75I I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) The Switzerland Inn 10:55 AM 12/09/18 10/02/01 226a Blue Ridge Pkwy Exit Time/Date Permit Expiration Date Little Switzerland NC 28749 11:30 AM 12/09/18 14/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Kenneth M Deaver/ORC/828-289-9380/ Name,Address of Responsible Official/Title/Phone and Fax Number Gary Jensen,PO Box 399 Little Switzerland NC 28749//828-765-2153/ Contacted Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance 0 Records/Reports ■Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s Agency/Office/Phone and Fax Numbers Date Kathy Jimison ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES.. yr/mo/day Inspection Type 3 NCO030996 111 12I 12/09/18 117 18I CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mr. Ken Deaver and Mr. Gary Jensen assisted in the inspection of this facility. The operator's log book was on-site and daily visits and activity were being noted. The facility appears to be well operated and maintained. Page# 2 Permit: NCO030996 Owner-Facility: The Switzerland Inn ,ction Date: 09/18/2012 Inspection Type: Compliance Evaluation Jperations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO, Sludge n n m n Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ n ■ ❑ Is the facility as described in the permit? 0 0 I1 n #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n ❑ n Is the inspector granted access to all areas for inspection? ■ n ❑ n Comment: Mr. Ken Deaver and Mr. Gary Jensen assisted in the inspection of this facility. Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? n n ■ n Is septic tank pumped on a schedule? n n n Are pumps or syphons operating properly? n n n Are high and low water alarms operating properly? 11 n E 0 Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? 0 ON n Is the distribution box level and watertight? ■ n n n Is sand filter free of ponding? E 0 n n Is the sand filter effluent re-circulated at a valid ratio? In n ■ n #Is the sand filter surface free of algae or excessive vegetation? ■ n n n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ n. Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n 13 n Are the tablets the proper size and type? ■ ❑ n Number of tubes in use? 2 Is the level of chlorine residual acceptable? n n n Page# 3 Permit: NC0030996 Owner-Facility: The Switzerland Inn Inspection Date: 09/18/2012 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is the contact chamber free of growth,or sludge buildup? ■ n n n \ Is there chlorine residual prior to de-chlorination? n n n ■ Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to,the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Facility was not discharging at the time of this inspection. Page# 4 ai AZ4JL*) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 1, 2012 Ms. Anne Vance Pavillon International P.O. Box 199 Mill Spring, North Carolina 28756 Subject: NOTICE OF VIOLATION NOV-2012-LV-0486 Permit No. NCO085294 Britten Creek WWTP Polk County Dear Ms. Vance: A review of Britten Creek WWTP's monitoring report for April 2012 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Flow, in conduit or thru 04/30/2012 0.0058 mgd 0.0061 mgd Monthly Average treatment plant Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance Please review the Flows for the April 2012 DMR and submit a written response within 10 days of receipt of this letter to this Office explaining why the Monthly Average Flow exceeded the permit limit. 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. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:iSWP',,Polk'%VLlastewater\MinorslPavillioi,r Intl 852941N( V-2012-LV-0486.c1ac NoaCarolina ,Natzmallil North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 1, 2012 Mr. Bob Schwebke, Owner RCS Properties 4501 Tynecastle Highway-Box 7 Banner Elk, North Carolina 28604 Subject: NOTICE OF VIOLATION NOV-2012-LM-0056 Permit No. NCO062961 Tynecastle WWTP Dear Mr. Schwebke: Avery County A review of Tynecastle WWTP's monitoring report for May 2012 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 05/31/2012 0.03 mgd 0.044 mgd Monthly Average treatment plant Exceeded Parameter Date Measuring Violation Frequency pH Week ending 05/05/2012 Weekly Failure to Monitor Dissolved Oxygen Week ending 05/05/2012 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 for the non-compliance. If the above parameters were left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Please review the Flows for the May 2012 DMR and submit a written response within 10 days of receipt of this letter to this Office explaining why the Monthly Average Flow exceeded the permit limit. 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. If you should have any questions,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, y F. Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Quality Lab&Operations/ORC One S:ISWPIreverylWastewaterlMinors�Tynecastle 62961M1t-2012-LM-0055.doc NoithCarolina ,Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org FAX (828)299-7043 A4 ND North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 1, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9438 Bobby Smith,Mayor Pro-Tern Town of Robbinsville P.O. Box 126 Robbinsville,NC 28771-0126 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 NCO083071 Town of Robbinsville Robbinsville WTP Case No. FK-2012-0001 Graham County Dear Mayor Smith: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,536.76 ($2,000.00 civil penalty+ $536.76 enforcement costs) against Town of Robbinsville. Based upon the above facts, I conclude as a matter of law that Town of Robbinsville violated the terms,conditions or requirements of NPDES Permit NC0083071, 15A NCAC 02B .0211 (2)., 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, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Town of Robbinsville: None. Carolina aurally SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043` ?�. Internet:www.ncwaterauality.org S:\SWP\Graham\Wastewater\Municipal\Robbinsville Water Plant 83071\FK-2012-0001.docx $2,000.00 1 of the 3 violations -Removal of Best Usage— 15A NCAC 02B.0211 (2) $0.00 2 of 3 violations -Discharge Without a Valid Permit 143-215.1. $0.00 3 of 3 violations -NPDES Permit No.NCO083071 Section C. Operation and Maintenance of Pollution Controls $2,000.00 TOTAL CIVIL PENALTY $536.76 Enforcement Costs $2536.76 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: l. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In Aermining 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 f 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 Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 j 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 of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Branford, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments Enforcement File w/attachments Central Files w/attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: FK-2012-0001 County: Graham Assessed Party: Town of Robbinsville Permit No. NC0083071 Amount Assessed: $2,536.76 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONNr AND NATURAL RESOURCES COUNTY OF GRAHAM IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND THE TOWN OF ROBBINSVILLE ) STIPULATION OF FACTS PERMIT NO.NCO083071 ) FILE NO. FK-2012-0001 Having been assessed civil penalties totaling $2,536.76 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 1, 2012,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 920 SIGNATURE ADDRESS TELEPHONE a g F N 0 Z j G1 O - � Y L O U- Q Z O LLI OW N ga o o� co E �v r p r z 0 U r O O O O Q j N W Y S Q W O 0 Z W U a U d N � N d o a `o (0) o > ni E O o � } F J a a LL W a r O Z F c C pa O w Z R 0� O_ ~ > N ►- o 01 Q o a r=+ W o p Na �� ;�I ;- ,�, s in NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,erly Eaves Perdue Charles Wakild,P.E. Dee Freeman ,Governor Director Secretary October 1,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9421 Mr. Radford L. Thomas, Director,Public Utilities City of Lenoir Lower Creek WWTP P.O.Box 958 Lenoir,North Carolina 28645-0958 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0487 Lower Creek WWTP NPDES Permit No.NCO023981 Caldwell County Dear Mr. Thomas: A review of the April 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 04/21/2012 001 TSS 55.4 mg/1 45 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO023981. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to actin accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the April 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SUIRFACL WATER PROTECTION SLC I"ION-ASTI:EVI Li:RE:GIONA:L OI FICI Location:2090 U.S.Ht-hway 70,Stiannanoa,Nordi Carolina 28778 One Phone:828 296-4500\(ax:828'99-7043 NorthCarOhna Internet:http:!/portal.ncdenr org/web/wg ,lfr�,[ll� An Equal Opportunity`.Affirmative Action Employer--50%Recycled%10"ti Post Consumer paper Mr. Radford L. Thomas October 1, 2012 Page Two �\ A Remedial actions, if not already implemented, should be taken to correct any problems. 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 have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Point Source/Enforcement \' S.4t E'.Calu��e11';1 itz.��r�r.Uluf3�c3pjl:Lctivur t're� t�E '1'P ,4bI (:?V N1ZI ?iii? l.V-O k ?Jig- r * r7 -A NCDE N North Carolina Department of Environment and Natural Resources Division of Water Quality .erly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 1,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9445 Mr. Tony Konsul,Regional Manager Carolina Water Service Inc. of NC Fairfield Sapphire Valley WWTP P.O.Box 240908 Charlotte,North Carolina 28224-0908 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0488 Fairfield Sapphire Valley WWTP NPDES Permit No. NCO022985 Jackson County Dear Mr. Konsul• A review of the May 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 05/09/2012 001 Fecal coliform 1,200 #/ 100 ml 400 #/ 100 ml 05/30/2012 001 Fecal coliform 900 #/ 100 ml 400#/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0022985. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the 01/10/01 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SUIRFACF WAIT'R.PFtOTEC ION SIC 1`ION-ASHEVI I E REGIONAI.:OFFICE Location:2090 I.J.S.Highwav 70,Swannanoa,North Carolina 28778 One Phone:828 296 4�00\Fax:828 299-7043\Customer Smiee: 1-877-623-6748 NorthCaro/l/ina Internet:htto://poral.nodenr.org/web/wq lrtl�l'a[llJ An Equal Opportunity'`.Affirmative Action Employer--50%Rec}cled%10%Post Consumer paper Mr. Tony Konsul October 1, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. 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 have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, t Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Point Source/Enforcement 4 Sty i}'`,Jacksixi\Gt ast;�,i'ater itlint,rs'.(.'SAS Fairfield Sapphire Sub 122�)8�`.NO NRF;-2312-I.\`f)488.di)c '.IL r1 ANY 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality .%/erly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 2, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9452 Mr. Chuck Summey Town of Forest City Forest City WWTP P.O.BOX 728 Forest City,North Carolina 28043-0728 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0491 Forest City WWTP NPDES Permit No.NCO025984 Rutherford County Dear Mr. Summey: A review of the May 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter .Reported Value Permit Limit 05/30/2012 001 TSS 45.09 mg/1 30 mg/1 05/19/2012 001 TSS 172.8 mg/1 45 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0025984. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATLIZ PROTECTION SI.:C'TION ASI.E II 11 REGIOMM OFFICE Location 2090 U.S Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45W Fax:828 299-7043 NorthCarolina Internet:http:l/por al.ncdenr.org/weblwg Na,tllraAll An Equal Opportunity`•..affirmative Action Employer-...>0°ti Recyclet I011no Post Consumer paper Mr. Chuck Summey October 2, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. 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 have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch wIirai31\1-oresti l�h M-1'P 5Q8 No. ' NRE-2012 '_,V-041: i A 4i WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,erly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 2,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9476 Ms. Cathy Childrey Mizpah Healthcare Inc. Henderson's Assisted Living WWTP P.O.Box 1029 Marion,North Carolina 28752-1029 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0489 Henderson's Assisted Living WWTP NPDES Permit No.NCO071897 Henderson County Dear Ms. Childrey: A review of the May 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 05/02/2012 001 BOD 10.1 mg/1 7.5 mg/1 05/08/2012 001 BOD 12.8 mg/1 7.5 mg/1 05/17/2012 001 BOD 14.8 mg/1 7.5 mg/1 05/24/2012 001 BOD 9.5 mg/1 7.5 mg/1 05/30/2012 001 BOD 11 mg/1 7.5 mg/1 05/31/2012 1 001 1 BOD 10.5 mg/1 5 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0071897. Pursuant to G.S. 143-215.6A, a civil.penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURF'ACL WATER PROTECTION SECTION ASI1:E:iVII 1 C REGIONAL OFFICE Location:2090 U.S Highway 70_S��annanoa,Nntth Carolina 28778 One ['hone:828 296-4500\Fax:828 299-7043 NorthCarolina Internet:http://por al.nodenr.org/web/wq tf�' atural& An Equal Opportunity`,Affirmative Action Employer—iOP,u Recycicd%l0%Post Consumer paper tl Ms. Cathy Childrey October 2, 2012 Page Two � Remedial actions, if not already implemented, should be taken to correct any problems. 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 have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch `1ii',:lell r,ti.n'l1,j t;, ,zt rIMint>r,ticn ers0115 �; istc,d AV1ir 71 ,.4()�`-N12[: 0( -i.:1 1)4 4;,dac / Naa FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality >erly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 2,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9469 Ms. Cathy Childrey Mizpah Healthcare Inc. Henderson's Assisted Living VVWTP P.O. Box 1029 Marion,North Carolina 28752-1029 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0490 Henderson's Assisted Living WWTP NPDES Permit No.NCO071897 Henderson County Dear Ms. Childrey: A review of the June 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 06/06/2012 001 BOD 9.5 mg/1 7.5 mg/1 06/15/2012 001 BOD 9.2 mg/1 7.5 mg/1 06/20/2012 001 BOD 8.9 mg/1 7.5 mg/1 06/30/2012 001 BOD 7.6 mg/1 5 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE)is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0071897. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a SUIRFACFWATER PROTECTION SECTION aS11EVII I.F.RFGIONAL:OFFICE! Location:2090 U.S.Highway 70.Swa nanoa.North Carolina 28778 On.e Phone:824 29G-4500\Fat:828-299-7043 NorthCarolina Internet:http://Dortal.ncdenr.org/weblwq Natura`�l1 An Equal Opportunity`,Affirmative Action Employer--50%Recycled%10'%Post Consumer paper �/ Ms. Cathy Childrey October 2, 2012 Page Two continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch .S Sty'F'?H ell dersoWA atow"floe.M ilton}fenderion',Assisted l..kiI12 .lt�tiii'vf,Z=�][2,::�t3i2-LZ {it9it.duc i �T NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 2, 2012 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2012-LV-0492 Permit No. NCO061182 North Buncombe High School WWTP Buncombe County Dear Mr. Hall: A review of North Buncombe High School's WWTP monitoring report for May 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day(20 Deg. C) 05/22/2012 45 mg/l 67.2 mg/I Daily Maximum Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, 4/7 Chuck G anford, Regional Supervisor Surface Water Protection Section CC' DWQ Asheville Files DWQ Central Files RPB Systems/ORC S:1SWPI5BuncomtielL'Vastewater\Minors\Nor=h Bunc High Sch 611821N0v-2012-LV-0492.c oc No thCarolina Naturallb( North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary October 2, 2012 Frederick L Baker Town Of Waynesville P.O. Box C-100 Waynesville NC 28786 SUBJECT: Bioassay Compliance Inspection Waynesville WWTP Permit No: NCO025321 Haywood County Dear Mr. Baker: Enclosed please find a copy of the Bioassay Compliance Inspection conducted on September 20, 2012. The test using these samples resulted in a pass. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: David Smith, 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:828 299-743 NorthCarollna Internet:www.ncwateroualitv.ora Naturally S:\SWP\Haywood\Wastewater\Municipal\Waynesville WWTP 25321\BCI 2012.docx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Complinnep InspPrtion Report/ Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCs) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 3' NCO025321 111 121 12/09/20 117 18111( 19I S I 20I I Remarks 211111111111111111111I I I I I IIII III I Jill 111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------—---—-----------Reserved--------------------- 67I 169 70131 71 I I 72I N' 73' ' 174 751 I I I 1 I I 180 Section B: Facility Data 1_L_I 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) Waynesville WWTP 09:00 AM 12/09/20 11/02/01 300 Walnut Trl Exit Time/Date Permit Expiration Date Waynesville NC 28786 11:30 AM 12/09/20 16/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// David Smith/ORC/828-452-4685/ Name,Address of Responsible Official/Title/Phone and Fax Number Frederick L Baker,PO Box C-100 Waynesville NC 28786//704-456-4410/ ContactedNo i Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s Agency/Office/Phone and Fax Numbers Date Jeff Menzel 6� ARO WQ//828-296-4500/ �Q/C!/ll Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.',,, 3 NCO025321 I11 12I 12/09/20 17 18LB Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The aquatic toxicity test using grab samples of effluent discharged from Waynesville WWTP has been completed. The Waynesville WWTP has an effluent discharge permitted at 6.0 MGD entering the Pigeon River(7Q10 of 95.0 CFS). Whole effluent samples were collected on September 18 and September 20 by Jeff Menzel for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a pass. Toxicity test information follows. Test Type 3 Brood Ceriodaphnia dubia pass-fail toxicity test Test Concentrations 9.0% Test Results Pass Control Survival 92% Control Mean Reproduction 23.8 neonates Test Treatment Survival 100% Treatment Mean Reproduction 30.7 neonates First sample pH 6.35 SU First sample Conductivity 2.01 mS/cm First sample TRC <0.10 mg/L Second Sample pH 6.34 SU Second sample Conductivity 473 micromhos/cm Second sample TRC <0.10 mg/L Test results for the above samples indicate that the effluent would not be predicted to have water quality impacts on receiving water. Page# 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary October 2, 2012 Jimmie Allen Stowe Duke Energy Carolinas LLC 526 S Chruch St Charlotte NC 28201-1002 SUBJECT: Bioassay Compliance Inspection Cliffside Steam Station Permit No: NC0005088 Rutherford County Dear Mr. Stowe: Enclosed please find a copy of the Bioassay Compliance Inspection conducted on September 11, 2012. The test using these samples resulted in a pass. No violations of permit requirements or applicable regulations were observed during this inspection. - Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Steve D Hodges, 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 29!a--7043 �Qtul a/`� Internet:www.ncwaterguality.org V� S:\SWP\Rutherford\Wastewater\Industrial\Duke Cliffside 05088\13CI 2012.docx United States Environmental Protection Agency Form Approved. EPA ArH Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NC0005088 111 121 12/09/11 117 181 B I 19I S I 20I I Remarks 21111111111111111111111111 111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved--------------------- 67I 169 70I I 711 I 72I N I 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 08:30 AM 12/09/11 12/03/01 Cliffside Steam Station Duke Power Rd Exit Time/Date Permit Expiration Date Cliffside NC 28024 09:30 AM 12/09/11 15/07/31 Name(s)of Onsite Representative(s)ITities(s)/Phone and Fax Number(s) Other Facility Data /// Steve D Hodges/ORC/828-657-2339/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jimmie Allen Stowe,526 S Chruch St Charlotte NC 282011002//704-382-4309/7043829840 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 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 Inspectors Agency/Office/Phone and Fax Numbers Date Jeff Menzel 04111 ARO WQ//828-296-4500/ 1,/.1 /1 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 A NPDES yr/mo/day Inspection Type (cont� s NCO005088 I11 12 12/09/11 I17 18IBI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The aquatic toxicity test using grab samples of effluent discharged from Duke Power Cliffside Steam Station has been completed. Duke Power Cliffside Steam Station has an effluent discharge permitted that is not limited entering the Broad River(7Q10 of 287 CFS). Whole effluent samples were collected on September 11 and September 13 by Jeff Menzel for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a pass. Toxicity test information follows. Test Type 3 Brood Ceriodaphnia dubia pass-fail toxicity test Test Concentrations 7.14% Test Results Pass Control Survival 100% Control Mean Reproduction , 22.0 neonates Test Treatment Survival 100% Treatment Mean Reproduction 23.9 neonates First sample pH 7.10 SU First sample Conductivity 462 micromhos/cm First sample TRC <0.10 mg/L Second Sample pH 7.23 SU Second sample Conductivity 452 micromhos/cm Second sample TRC <0.10 mg/L Test results for the above samples indicate that the effluent would not be predicted to have water quality impacts on receiving water. Page# 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,RE. Dee Freeman Governor Director Secretary October 2, 2012 Greg Blake Cliffside Sanitary District PO Box 427 Cliffside NC 28024 SUBJECT: Bioassay Compliance Inspection Cliffside Sanitary District WWTP Permit No: NC0004405 Rutherford County Dear Mr. Blake: Enclosed please find a copy of the Bioassay Compliance Inspection conducted on September 11, 2012. The test using these samples resulted in a pass. No violations of - permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, r Jeff Menzel Environmental Specialist Enclosure cc: Michael Franklin Gibert, 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 NorthCarolina Internet:www.ncwateraualitv.orq Naturally S:\SWP\Rutherford\Wastewater\ uM nicipal\Cliffside SD WWTP 04405\13CI 2012.docx �,\ 1�l , United States Environmental Protection Agency Form Approved. EP A A Washington,D.C.20460 OMB No.2040-0057 C r Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NC0004405 111 121 12/09/11 117 181 B I 19I S I 20I—I Remarks 21111111111111 III I I I I I I I I I I I I I I I I I I I I I I I I IIIIIIj6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ---------------------—----Reserved--------------------- 67I 169 70121 711 I 72I N I 73 W 74 751 I I ) I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Cliffside Sanitary District WWTP 09:15 AM 12/09/11 08/10/01 3400 Hwy 221-A Exit Time/Date Permit Expiration Date Cliffside NC 28024 10:15 AM 12/09/11 13/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Michael Franklin Gibert/ORC/828-657-9180/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Greg Blake,PO Box 427 Cliffside NC 28024//828-657-70111 Conta to r i No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 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(' Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ �1f 1Z 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 9 1 NPDES yr/mo/day Inspection Type (cont'.),, 3 NC0004405 111 12, 12/09/11 117 18J B Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The aquatic toxicity test using grab samples of effluent discharged from Cliffside Sanitary District WWTP has been completed. Cliffside Sanitary District WWTP has an effluent discharge permitted at 1.75 MGD entering the Broad River(7Q10 of 62.10 CFS). Whole effluent samples were collected on September 11 and September 13 by Jeff Menzel for use in a chronic Ceriodaphnia dubia pass-fail toxicity test. The test using these samples resulted in a pass. Toxicity test information follows. Test Type 3 Brood Ceriodaphnia dubia pass-fail toxicity test Test Concentrations 4.2% Test Results Pass Control Survival 100% Control Mean Reproduction 21.0 neonates Test Treatment Survival 100% Treatment Mean Reproduction 28.8 neonates First sample pH 7.25 SU First sample Conductivity 700 micromhos/cm First sample TRC <0.10 mg/L Second Sample pH 7.22 SU Second sample Conductivity 776 micromhos/cm Second sample TRC <0.10 mg/L Test results for the above samples indicate that the effluent would not be predicted to have water quality impacts on receiving water. Page# 2 Am ,......ra NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary October 3, 2012 3 ' CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9490 Mr. Joseph M. Moore, II, E P City of Brevard 95 West Main Street Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE NOV-2012-DV-0489 Permit No. WQCS00084 City of Brevard Brevard Collection System Transylvania County Dear Mr. Moore: A review has been conducted of Brevard Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the City of Brevard. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 09/18/2012 Sanitary Sewer Overflow Discharge NOV-2012-DV-0489 133,000 Gallons Total Without Valid Permit Incident# 201201617 (125,500 to Lambo Creek) Remedial actions should be taken to correct this problem. The Division of Water Quality is considering pursuing enforcement action for this violation. Please submit in writing within ten (10) days of receipt of this letter with an explanation surrounding the pipe failure which was stated as the cause of the SSO Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�TOne L, Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 l�ofthCarollina. Internet: www.ncwaterquality.org �LLtur+Lt[b�/ An Equal Opportunity Affirmative Action Employer �/ a Mr. Joseph M. Moore, II October 3,2012 Page Two 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 Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Chuck C a ford, Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit SASWPMansylvania\Collection Systems\Brevard Collection System\NOVsAndPnforcernents\NOV-NC I-2012-DV-0189.doc C4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 3, 2012 Steve Jones, Assistant Superintendent Jackson County Public Schools 398 Hospital Road Sylva, NC 28779 Subject: Permit No. WQ0036167 Jackson County Public Schools Gravity Sewer to Serve SMHS Proposed Gym & Performing Arts Building Wastewater Collection System Extension Jackson County Dear Mr. Jones: In accordance with your application received September 25, 2012, we are forwarding herewith Permit No. WQ0036167, dated October 3, 2012, to Jackson County Public Schools 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 therefore incorporated therein by reference. 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 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. NorthCarofina Nlltul'il SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500 FAX:828 2997043 Internet:www ncwater ty ialit org Jackson County Public Schools October 3, 2012 �. 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 Jackson County Public Schools for the construction and operation of approximately 259 linear feet of 8- inch gravity sewer to serve a 750 seat auditorium and a 28,057 square foot gymnasium as part of the gravity sewer to serve SMHS Proposed Gym & Performing Arts Building project, and the discharge of 17,779 gallons per day of collected domestic wastewater into the TWSA Treatment Plant No. 1 existing sewerage system, pursuant to the application received September 25, 2012 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 TWSA Treatment Plant No. 1 Wastewater Treatment Facility Permit No. NC00039578 prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Jackson County Public Schools and Tuckaseigee Water & Sewer Authority 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 Jeff Menzel at (828) 296-4500 or jeff.menzel@ncdenr.gov. Sincerely, for Charles Wakild, P.E., Director Division of Water Quality cc: Jackson County Health Department Asheville Regional Office, Surface Water Protection Victor Lofquist, PE; Lofquist &Associates, Inc. Tuckaseigee Water& Sewer Authority WWTF Permit No. NC00039578 Water Quality Central Files PERCS Files (efile) S:\SWP\Jackson\Collection Systems\TWASA#3 Collection System\TWASW#1 Collection System\WQ0036167 SMHS Gym and Arts Building.docx 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 2T .0300; 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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.W00036167,Jackson County Public Schools,SMHS Proposed Gym&Performing Arts Building,October 3,2012 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 .0300; 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 .0300; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours 2 cRMIT NO.WQ0036167,Jackson County Public Schools,SMHS Proposed Gym&Performing Arts Building,October 3,2012 or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 3rd day of October, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wakild, P.E., Director Division of ater Quality By Authority of the Environmental Management Commission Permit Number WQ0036167 3 _RMIT NO.WQ0036167,Jackson County Public Schools,SMHS Proposed Gym&Performing Arts Building,October 3,2012 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the Jackson County Public Schools for the construction and operation of approximately 259 linear feet of 8-inch gravity sewer to serve a 750 seat auditorium and a 28,057 square foot gymnasium as part of the Gravity Sewer to Serve SMHS Proposed Gym& Performing Arts Building project, and the discharge of 17,779 gallons per day of collected domestic wastewater into the TWSA Treatment Plant No. 1 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. 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.0300; 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 CHUCK CRANFORD 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. TT ri NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ,derly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary October 4, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9520 Mr.Radford L. Thomas,Director,Public Utilities City of Lenoir Gunpowder Creek WWTP P.O. Box 958 Lenoir,North Carolina 28645-0958 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0495 Gunpowder Creek WWTP NPDES Permit No.NCO023736 Caldwell County Dear Mr. Thomas: A review of the May 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 05/19/2012 001 Fecal coliform 564.89 41100 ml 400#/ 100 ml 05/31/2012 001 Ammonia Nitrogen 2.91 mg/1 2 mg/1 05/05/2012 001 Ammonia Nitrogen 9.27 mg/1 6 mg/1 05/19/2012 001 TSS 62.32 mg/1 45 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit NO.N00023736. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period,a civil penalty assessment may be prepared. SLRFAIC[ lAaTER.PROTLCTIONSEC:TION -ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70 Swannanoa;North.Carolina 28778 One Phone:828 296-4500'Fax:828 299-7043 NorthCarohna Internet:http:(Iportal.nc enr.oM/web/wq Nahlr /!ll .-fin Equal Opportunity',Affirmative Actinu Employer-- 0%Recvcled 109'.Post Consumer paper It Mr. Radford L. Thomas October 4, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. 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 have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch TT Iry 14CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality verly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 4,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9513 Mr.Radford L. Thomas,Director,Public Utilities City of Lenoir Lower Creek WWTP P.O. Box 958 Lenoir,North Carolina 28645-0958 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0496 Lower Creek WWTP NPDES Permit No.NCO023981 Caldwell County ,----,-Dear Mr. Thomas: A review of the May 2012 self-monitoring report for the subject facility revealed a violation of the following parameter: Date Outfall Parameter Reported Value Permit Limit 05/19/2012 001 Fecal coliform 577.18 #/ 100 ml 400 #/ 100 ml A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.N00023981. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION rlSHE.VIT l E REGIONAL OFFICE Location:2090 U.S Hi.,,hwa} 70,Swannanoa,North Carolina 28778 One Phone:828 2964- 00\Fax:828 299-7043 NorthCarollna Internet:http://portal.nrdenr.org/web/wq 1v(turAA411 An Equal Opportunity`.Affirmative Action Employer--5C1%Recycled.`1Q",o Post Consumer paper It Mr. Radford L. Thomas October 4, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. 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 have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, { Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch 5.41�'('_C'a?dvse?l`.l�a>t�thiklet iiu:ti ?p I Li;}vet Creek tt WIT s � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality verly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary October 4, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9506 Ms.Karen E. Andrews, Town Manager Town of Rutherfordton Rutherfordton WWTP 129 North Main Street Rutherfordton,North Carolina 28139 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0497 Rutherfordton WWTP NPDES Permit No.NCO025909 Rutherford County 'Dear Ms. Andrews: A review of the May 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 05/01/2012 001 Total Copper 52 µg/1 40 µg/1 05/08/2012 001 Total Copper 54 µg/1 40 µg/1 A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0025909. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) maybe assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION S1 CIION-ASHEsl'I I Ei:REGIONAL OFFICE Location:2090 U-S.Highway 70,Swannan0 a,Nardi Carolina 28778 One Phone:828-296-4500\Fat:828 299-7043 One Internet:htto:!lportal.nctlenr.orq/weblwg ,Iva lrai� An Equal Opportunity 1 Affirmative Action Employer--i;V,;,Recycled,104s,Post Consumer paper tl Ms. Karen E. Andrews October 4, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. 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 have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch \` S.S%kP'.Zuthej1*0 'Writers.lei WA-VIP 25)([)\NO1 NR[;2{,[_'-IX-049Tdoe NCDEN� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 5, 2012 Mr. Will Rucker, LFMC POA President Linville Falls Club Property Association Inc. P.O. Box 145 Linville Falls, North Carolina 28647 Subject: NOTICE OF VIOLATION NOV-2012-LV-0600 Permit No. NC0080098 Linville Falls Mountain Club and Preserve WWTP McDowell County Dear Mr. Rucker: A review of Linville Falls Mountain Club and Preserve's WWTP monitoring report for May 2012 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - 05/30/2012 7.5 mg/I 8.72 mg/l Daily Maximum Concentration Exceeded BOD, 5-Day (20 Deg. C) - 05/31/2012 5 mg/I 5.7 mg/l Monthly Average Concentration Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, 4 r Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James &James Environmental/ORC S:'�S'V11P\McDoweliNWastewater\Minors\Blue Ridge Country Club 80098\NOV-2012-LV-0500,doc 1e NoAhCarolina Naturailry North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.orq FAX (828)299-7043 ���1 �� �� ,�; S 1T A • NCDENR North Carolina Department of Environment and Natural Resources Divisioa of Water Quality ,derly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary October 5, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0974 9568 Mr.R.Belvin Hall Buncombe County Schools Leicester Elementary School 175 Bingham Road Asheville,North Carolina 28806 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0502 Leicester Elementary School WWTP NPDES Permit No.NCO066796 Buncombe County 'Dear Mr. Hall: A review of the June 2012 self-monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 06/18/2012 001 BOD 108 mg/1 45 mg/1 06/28/2012 001 BOD 81.6 mg/1 45 mg/1 06/30/2012 1 001 BOD 63.2mg/1 30 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0066796. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE ACE WATER PROTECTION SEC nON-AS]EVll 1 I'REGIONA.I.:OFFICE Location:2090 U.S.Highwa} 70 Swannanoa,North Carolina 28778 One 828 29ti-4500\Fax:828 299-7043 North Carolina Internet:htto://portal.ncdenr.orplweb/wg ��jR,��f�,��flr An Equal Opportunity`•,Affirmative Action Employer_50%Recycled'109,.Post Consunier paper (!V 1 Mr. R. Belvin Hall October 5, 2012 Page Two Remedial actions,if not already implemented, should be taken to correct any problems. 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 have questions concerning this matter,please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch ', SWI'!}3uncontbe -,iaeti€at r,Minor 1:..eicester Flernenrar},66796 NOV-;tiRE-'Ol'_-1 V-(�502cloc !� j T � � NC NR North Carolina Department of Environment and Natural Resources Division of Water Quality ✓erly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary October 5, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9551 Mr. George W. Ware Jonas Ridge Adult Care Facility WWTP P.O. Box 658 Newland,North Carolina 28657-0658 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LM-0057 Jonas Ridge Adult Care Facility WWTP NPDES Permit No.NCO060224 Burke County Dear Mr. Ware: A review of the June 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 06/13/2012 001 Ammonia Nitrogen 15.3 mg/1 10 mg/1 06/30/2012 001 Ammonia Nitrogen 7.15 mg/1 2 mg/l Parameter Date Measuring Frequency Violation Total Residual Chlorine 06/09/2012 Twice Weekly Failure to Monitor A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0060224. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,-request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within ,the 10-day period, a civil penalty assessment may be prepared. Sl RFACL WATER PROTECTION SECTION- 1SHEVILl E REGIONAL:OFFICE Location:2090 U.S.Highway 70 Swannanoa,North Carolina 28778 One Phone:828 296 4500\Fat:828 299-7043 NorthCaroltna Internet:http:/lportai.ncdenr.org/weblwg a ��a lzrai .fin Equal Opportunity itffi Affirmative Action Employer—50%Recycled"I 0%Post Consumer paper t�V t 11 Mr. George W. Ware October 5, 2012 Page Two �\ Remedial actions, if not already implemented, should be taken to correct any problems. 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 have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, V `f Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch i .,,4t1'18�.�a]c:ti'<>>t�w�ter.�linnr`;Jima R*gc Ad€€ltCire 60224',N(}V-\RL-012-1.._'M )O�",sloe • 97 A • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ✓erly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 5,2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 9544 Mr. George W. Ware Jonas Ridge Adult Care Facility WWTP P.O.Box 658 Newland,North Carolina 28657-0658 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-LV-0498 Jonas Ridge Adult Care Facility WWTP NPDES Permit No.NCO060224 Burke County Dear Mr. Ware: A review of the Mav 2012 self-monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 05/16/2012 001 Ammonia Nitrogen 13.1 mg/1 10 mg/1 05/24/2012 001 Ammonia Nitrogen 15.2 mg/1 10 mg/1 05/30/2012 001 Ammonia Nitrogen 11.4 mg/1 10 mg/1 05/31/2012 001 Ammonia Nitrogen 10.8 mg/1 2 mg/1 05/02/2012 001 TSS 59.1 mg/1 45 mg/1 05/09/2012 001 TSS 67.2 mg/1 45 mg/1 A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0060224. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation,request technical assistance, or discuss overall compliance please respond in writing within ten(10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the May 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WAI'ER PROTECTION SECTION ION--ASHEVIL E;REGIONAL:OFFICE ICE: Loiation:2090 U.S.Hi6wav 70 Swannmoa,North Carolina 28778 One Phone:828 296 4500`Fax:82$299-7043 NorthCarolina Internet:http:l/portal.ncdenr.orpiweb/wp An Equal Opportunity`.Affirmative Action Employer_50%Recycled/10IN Post Consumer gaper Mr. George W.Ware October 5, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. 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 have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, .I g vy f, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch �J �.SCt C":I:i�3rl�.il"ast.3aat>rti\-itnEsrs':.li�nac Rifle Ad h C'aje 6(.i224`,:N(J tiRF-2012-I,V tt41) .di)c NGDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 5, 2012 Ms. Anne Vance Pavilion International P.O Box 199 Mill Spring, North Carolina 28756 Subject: NOTICE OF VIOLATION NOV-2012-LV-0499 Permit No. NCO085294 Britten Creek WWTP Polk County Dear Ms. Vance: A review of Britten Creek WWTP's monitoring report for May 2012 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru 05/31/2012 0.006 mgd 0.007 mgd Monthly Average treatment plant Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant" with an explanation for the non-compliance. Please review the Flows for the May 2012 DMR and submit a written response within 10 days of receipt of this letter to this Office explaining why the Monthly Average Flow exceeded the permit limit. The May 2012 DMR for Britten Creek does not have the minimum required 10 days between sampling for parameters requiring twice monthly sampling, such as BOD, TSS and Fecal. Part 11, Section A. of your NPDES permit states: "2X/month"means samples are collected twice per month with a minimum of ten calendar days between sampling events. Please begin using the required protocol on future DMRs. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Gar"anford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC olle S:\SO/P\Polk\Wastewater\Minors\Pavillion Intl 85294\NOV-2012-LV-0499.doc NorthCarohna ; aturddly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 \ � /�,, I I __. i P CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild; P.E. Dee Freeman Governor Director Secretary October 8, 2012 Karen Norton Macon County Schools PO Box 1029 Franklin NC 28734-1029 SUBJECT: Compliance Evaluation Inspection Nantahala School Permit No: NCO067318 Macon County Dear Ms. Norton: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on September 27, 2012. Mr. Bobby Wilson was present during the inspection and is doing a good job of maintaining this facility. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any',questions, please call me at 828-296-4500. Sincerely, M Jeff Menzel Environmental Specialist Enclosure cc: Bobby D Wilson, 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 NorthCarolina Internet:www.newaterguality.ora J1iatura!!y S:\SWP\Macon\Wastewater\Minors\Nantahala School 67318\67318 CEI 2012.docx United States Environmental Protection Agency EPA/� Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water omnliance In-Riaection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 11 NCO067318 111 121 12/09/27 117 181 C I 191 S I 201 I Remarks 21111111111111111111111111IIIIIIIIIIIIIIIIII111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------—--------------Reserved---------------------- - 67I 169 70151 71 I I 72I N I 73I _�__I I 174 75I I I I I I I 180 Section B: Facility Data � Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Nantahala School 12:00 PM 12/09/27 07/12/01 NCSR 1412 Exit Time/Date Permit Expiration Date Topton NC 28781 12:45 PM 12/09/27 12/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Bobby D Wilson/ORC/828-524-4460/ Name,Address of Responsible Official/Title/Phone and Fax Number Chris Baldwin,PO Box 1029 Franklin NC 287341029//828-524-3314/8285245938 Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 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(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ /r�.� 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 NCO067318 I11 12, 12/09/27 117 19Id � Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mr. Bobby Wilson was present during the inspection and is doing a good job of maintaining this facility. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCO067318 Owner-Facility: Nantahala School Inspection Date: 09/27/2012 Inspection Type: Compliance Evaluation Operations S Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n Cl Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ n n n Judge,and other that are applicable? Comment: This facility is well maintained. Sand Filters(Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? ■ n n Is the distribution box level and watertight? ■ n n n Is sand filter free of ponding? ■ n n n Is the sand filter effluent re-circulated at a valid ratio? n n n ■ #Is the sand filter surface free of algae or excessive vegetation? ■ n n n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n n ■ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n ❑ n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: r Page# 3 ���*j 1�I' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary October 8, 2012 Lee Reading The Mountain Retreat & Learning Center PO Box 1299 Highlands NC 28741-1299 SUBJECT: Compliance Evaluation Inspection The Mountain Retreat & Learning Center WWTP Permit No: NCO061123 Macon County Dear Mr. Reading: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on September 27, 2012. The facility was not discharging at the time of inspection. Weeds, leaves and other vegetation must be kept out of the sand filter bed. No violations of permit regulations or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Mark Fredrick Teague, ORC Central Files Asheville Files s SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One NorthCarolina Phone: (828)296-4500\FAX:828 299-7043 // Internet:www.ncwaterquality.orgq� Naturally S:\SWP\Macon\Wastewater\Minors\Mountain Retreat 61123\CEI 2012.docx �_i� United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA OMB No.2040-0057 Water Complianre Inspprfinn Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO061123 111 121 12/09/27 117 181 C I 19I S I 20II Remarks 21�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67I 169 70131 71 I_I 72I N I 73 ( 174 75I I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) The Mountain Retreat&Learning Center WWTP 02:00 AM 12/09/27 12/09/01 3872 Dillard Rd Exit Time/Date Permit Expiration Date Highlands NC 28741 02:30 AM 12/09/27 17/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Mark Fredrick Teague/ORC/828-293-9396/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lee Reading,PO Box 1299 Highlands NC 287411299H828-526-5838/8285264505 Conta to No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Facility Site Review Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff MenzelJf ARO WQ//828-296-4500/ ��Z Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 31 NCO061123 111 12, 12/09/27 1 17 181 d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility was not discharging at the time of inspection. Weeds, leaves and other vegetation must be kept out of the sand filter bed. No violations of permit regulations or applicable regulations were observed during this inspection. t Page# 2 Permit: NCO061123 Owner-Facility: The Mountain Retreat&Learning Center WWTP Inspection Date: 09/27/2012 Inspection Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Cl I_l Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH,DO,Sludge C 1 n 0 ■ Judge,and other that are applicable? Comment: Sand Filters(Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? ■ ❑ n 0 Is the distribution box level and watertight? ■ Cl Q Cl Is sand filter free of ponding? ■ 0 0 i_j Is the sand filter effluent re-circulated at a valid ratio? n Q n ■ #Is the sand filter surface free of algae or excessive vegetation? ❑ ■ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ n ❑ ■ Comment: Weeds and leaves must be kept out of the sand bed. Disinfection-Tablet Yes No NA NE r— Are tablet chlorinators operational? ■ ❑ 0 0 Are the tablets the proper size and type? ■ ❑ 0 0 Number of tubes in use? 2 Is the level of chlorine residual acceptable? 11 fl 11 ■ Is the contact chamber free of growth,or sludge buildup? ■ I_1 0 Q Is there chlorine residual prior to de-chlorination? ■ ❑ 0 0 Comment: Page# 3 A ,__., �� �- ���� �wru � MCDENR" North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 8, 2012 Dan Harbaugh, Executive Director Tuckaseigee Water and Sewer Authority 1246 W Main Street Sylva, N.C. 28779 Subject: Permit No. WQ0036170 Tuckaseigee Water and Sewer Authority The Summit at Cullowhee Wastewater Collection System Extension Jackson County Dear Mr. Harbaugh: t% In accordance with your application received October 1, 2012, we are forwarding herewith Permit No. WQ0036170, dated October 8, 2012, to Tuckaseigee Water and Sewer Authority 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 therefore incorporated therein by reference. 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 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. No"r hCarohna A rrxll SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, N 28778 Phone: (828)296-4500 FAX:828 2997043 9.w Internet:www newaterqualitv,om TWSA October 8, 2012 . 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 Tuckaseigee Water and Sewer Authority for the construction and operation of approximately 560 linear feet of 8-inch gravity sewer to serve 14 three-bedroom residences, 28 two-bedroom residences, and 42 one-bedroom residences as part of the The Summit at Cullowhee project, and the discharge of 21,840 gallons per day of collected domestic wastewater into the TWSA's existing sewerage system, pursuant to the application received October 1, 2012 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 TWSA Treatment Facility Permit No. NCO039578 prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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 Jeff Menzel at (828) 296-4500. Sincerely,. for Charles Wakild, P.E., Director Division of Water Quality cc: Jackson County Health Department Asheville Regional Office, Surface Water Protection Bruce Nooe, P.E. CPT Engineering and Surveying, Inc. Water Quality Central Files PERCS Files (efile) S:ISWPWacksonlCollection SystemslTWASA#3 Collection SystemlTWASW#1 Collection System1WQ00236170 Summit at Cullowhee.docx 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 2T.0300; 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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 WQ0036170 TWSA, The Summit at Cullowhee Jackson October 8- 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection`-.,, facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0300; 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. i 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 .0300; 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 .-ERMIT NO W00036170 TWSA The Summit at Cullowhee ,Jackson October 8 2012 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 8th day of October, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION f s ;� ✓ for Charles-Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0036170 3 �\. J/i `\:.� cRMIT NO WQ0036170 TWSA}The Summit at Cullowhee Jackson October 8 2012 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the Tuckaseigee Water and Sewer Authority for the construction and operation of approximately 560 linear feet of 8-inch gravity sewer to serve 14 three-bedroom residences, 28 two-bedroom residences, and 42 one-bedroom residences as part of the The Summit at Cullowhee project, and the discharge of 21,840 gallons per day of collected domestic wastewater into the TWSA'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. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having �1 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 .0300; 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 CHUCK CRANFORD 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. &4j; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 8, 2012 Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC P.O. Box 20670 Charleston, South Carolina 29413 Subject: NOTICE OF VIOLATION NOV-2012-LV-0510 Permit No. NCO068918 Cedar Hill WWTP Jackson County Dear Mr. Jones: A review of Cedar Hill WWTP's monitoring report for June 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 06/12/2012 400#/100ml 500#/100ml Daily Maximum Broth,44.5C Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville DWQ Central Files Michael Beck/ORC S:\SWP\JacksoniWastewateriiVlinors\cedar Hill(Resources Planning)689181NOV-2012-LV-0510.doc NoAhCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterouality.org FAX (828)299-7043 `.��1 /�`� ,�;.� i , 4CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 9, 2012 Transylvania County DWQ Project 20120911 NCSR 1344(Cashiers Valley Road) Approval of 401 Water Quality Certification with Additional Conditions Mr. J. B. Setzer,P.E. Division 14 Engineer North Carolina Department of Transportation 253 Webster Road Sylva,North Carolina,28779 Dear Mr. Setzer: You have our approval, in accordance with the conditions listed below,for the following impacts in Brackens Creek and an unnamed tributary of Brackens Creek,Graham Creek and six(6)unnamed tributaries of Graham Creek and Nicholson Creek and an unnamed tributary of Nicholson Creek, for the purpose of widening and making improvements to NCSR 1344 (Cashiers Valley Road), in Transylvania County: Stream Impacts in the French Broad River Basin Site Permanent Fill Temporary Permanent Temporary Total Stream in Intermittent Impacts in Fill in Impacts in Stream Impacts Stream Intermittent Perennial Perennial Impact Requiring (linear ft) Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft Site 1 0 0 0 70 70 0 Site 2 0 0 0 70 70 0 Site 3 0 0 10 105 115 0 Site 4 0 0 30 85 115 0 Site 5 0 0 0 80 80 0 Site 6 0 0 10 85 95 0 Site 7 0 0 20 85 105 0 Site 8 0 0 10 65 75 0 Site 9 0 0 10 80 90 0 Site 10 0 0 10 80 90 0 Site 11 0 1 0 10 80 90 0 Total 0 1 0 110 885 995 0 Total Permanent Stream Impacts for Project: 110 lin.ft.Total Temporary Stream Impacts for Project: 885 linear ft. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone: 6 45001 FAX:828-299-7043 Internet:: www.ncwaterquality.org K An Equal Opportunity i Affirmative Action Employer Mr.J.B. Setzer,P.E. October 9,2012 Page Two The project should be constructed in accordance with your application dated September 26, 2012 (received October 3, 2012), 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. 3820, 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 the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. 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 constructior'-",, activities. 11 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 open waters and streams 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 B. Setzer,P.E. _[Ober 9, 2012 Page Three 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. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. 6. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW), or Water Supply I or II(WSI, WSII)stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 7. The permittee shall use/Design Standards in Sensitive Watersheds/ [I 5A NCAC 4B.0124(a)-(e)] in areas draining to (WS-II,HQW and 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. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface 8. 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. 9. 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. 10. 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 stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 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. 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. 13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 14. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 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. 16. 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,P.E. � October 9,2012 \ 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. 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. 20. No rock, sand or other materials shall be dredged from the stream channel, except where 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 Division Engineer and the on-site project manager. 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. 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. 24. 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. 25. 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 othe' appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being_ met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 26. 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. 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 (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. B. Setzer,P.E. .,cober 9,2012 Page Five 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, harles Wakild, P.E., irector Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 12-0911(Setzer)NCSR 1344 Cashiers Valley Road j___ ���' \_� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ieverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 9,2012 Charlie and Sharon Williams 2734 E. Paradise Harbor Dr. Connelly Springs,NC 28612 Subject: 401 Water Quality Certification-Approval Williams Lot 203 DWQ Project# 12-0836 Burke County <<f CTB /Lake Rhodhiss/ 11-(37)WS-IV,B, CA` Dear Mr. and Mrs. Williams: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. jpproval has been granted to place fill within or otherwise impact 0.032 acres of open waters (246 linear feet) for the purpose of shoreline stabilization and 0.009 acres of buffer impacts (8'x50')for a construction entrance at the subject property. No trees are to be removed for this project. The construction entrance shall be replanted and stabilized upon completion of project immediately to meet Catawba Buffer Rule requirements. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water.Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authori4ed by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control and Catawba Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long,as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-29645001 FAX:828-299-7043 One Internet:www.ncwaterquality.org NorthCarollna An Equal Opportunity 1 Affirmative Action Employer Aghm"lY Williams Lot 203 October 9,2012 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters below lake 0.016 (acres) Application#7 level Waters above lake 0.016 (acres) Application#8.a. level Buffer(temporary) 0.009 (acres) Application# 8a. & 8.b. 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 Linda Wiggs in the Asheville Regional Office at 828-296-4500. Sincerely, JF Charlesi akiId, P.E., Director C W/lsw Enc: GC3898 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy Burke County Planning-Pete Minter(e-copy) Duke Energy-Wade Harmon(e-copy) Robin Maher(e-copy) S:\SWP\Burke\401s\Non-DOT\Williams-Lot 203 Lk Rhodhiss\Williams.Approval.oct2012.doc 1 i�� NDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 10,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection TIP No.B-5113C Bridge No. 146 NCSR 2173 Buncombe County Dear Mr. Swain: On October 10,2012,I inspected the construction work on TIP Project No.B-5113C,Bridge No. 146,over Stony Fork Creek, on NCSR 2173, in Buncombe County. The inspection included a review of the construction and compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Cole Hood,PE Roger Bryan, Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-5113C Bridge No.146 October 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-2964500 ti FAX:828-299-7043 One" Internet:www.nmateraualitv.org NOrthCarohna An Equal Opportunity!Affirmative Action Employer ;Vat Cralllf Site Inspection Report Site Number: WT000635 Site Name: BD-5113C Bridge No. 146 Site Address: PO Box 3279 County: Buncombe Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 10/10/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Project is underway and contractor was driving steel for the end bents. Sediment and erosion control measures appeared to be working properly. Continue to maintain sediment and erosion control measures and seed and mulch bare areas when needed. Permit(401_WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n I_l n Are the culverts and/or filled areas installed properly? ® n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Page: 1 1T��e •''r DER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 10,2012 Buncombe County TIP B-4715 DWQ Project 20120918 NCSR 2797(Broad River VFD Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Gregory J.Thorpe,Ph.D. Environmental Management Director Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina,27699-1598 Dear Dr.Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts in the Broad River,for the purpose of replacing and widening Bridge No. 655,on NCSR 2797 (Broad River VFD Road)over the Broad River, in -' Buncombe County: Stream Impacts in the Broad River Basin Site Permanent Fill Bank Permanent Temporary Total Stream in Intermittent Stabilization Fill in Impacts in Stream Impacts Stream (linear in Perennial Perennial Perennial Impact Requiring ft) Stream Stream Stream (linear ft) Mitigation linear ft linear ft linear ft linear ft Site 1 0 60 0 0 60 0 Site 2 0 0 0 64 64 0 Total 1 0 60 0 64 124 1 0 Total Permanent Stream Impacts for Project: 601in.ft.Total Temporary Stream Impacts for Project: 64 linear ft. Wetland Im acts in the Broad River Basin arian Site Fill Fill Excavation Mechanized Hand Area Total Wetland (ac) (temporary) (ac) Clearing Clearing under Impact(ac) (ac) (ac) (ac) Bridge ac Site 1 <0.01 0 0 0 <0.01 0 <0.02 Total <0.01 1 0 1 0 0 <0.01 0 <0.02 Total Wetland Impact for Project: <0.02 acres. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:$2$-296-45001 FAX:$28-299-7043 Internet: www.ncwaterquaGty.org Naturally An Equal Opportunity�Affirmative Action Employer Dr. Gregory Thorpe,Ph.D. October 10, 2012 Page Two The project should be constructed in accordance with your application dated September 30, 2012 (received October 3, 2012), 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. 3886, corresponding to the U.S. Army Corps of Engineers Regional General Permit Number 31. In addition,you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s) of Certification: 1. 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 thi`° Certification. 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. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High Quality Waters(HQW),or Water Supply I or II(WSI,WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 5. The permittee shall use/Design Standards in Sensitive Watersheds/ [15A NCAC 4B.0124(a)-(e)] in areas draining to (WS-II,HQW, Trout)waters. However, due to the size of the project,NCDOT 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. �egory Thorpe,Ph.D. .sober 10, 2012 Page Three Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence,temporary sediment ditches,basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid,which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer-and limestone-free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 6. In-stream work and land disturbance within the 2S-foot buffer zone are prohibited during the trout-spawning season of January 1 through April 15 to protect the egg and fry stages of trout. 7. 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. 8. 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 stream bank stability. Any applicable riparian buffer impact for access to the stream channel shall be temporary and be revegetated with native riparian species. 9. Strict adherence to the most recent version of NCDOT's Best Management Practices for Bridge Demolition and _i Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 10. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,vegetated buffers, etc.)before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 12. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 13. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated,and disposed of properly. 14. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 15. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways, or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 16. 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. 17. 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. 18. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 19. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,sized and installed. 20. 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. Dr. Gregory Thorpe,Ph.D. October 10,2012 Page Four 21. 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. 22. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 24. 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. 25. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 26. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 27. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 28. 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. 29. 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. 30. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality- standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated,or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 31. 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. 32. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 33. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the 401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. .,regory Thorpe,Ph.D. ,;tober 10,2012 Page Five 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, Charles Wakild,P.E., tect or Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 120918(Thorpe)B4715 NCSR 2797(Broad River VFD Road) \` \,... /I �\,:: A 'A- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 11, 2012 Grandfather Country Club Zachery Platek PO Box 368 Linville NC 28646 Subject: 401 Water Quality Certification -Approval Grandfather Country Club Beach Improvement DWQ Project# 12-0788 Avery County CTB/Linville River/ 11-29-(1)/C Tr �t Dear Mr. Platek: J N The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. -pproval has been granted to place fill within or otherwise impact 0.22 acres of open waters for the purpose of beach improvements at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 42 when issued by the US'Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described-in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Waters 0.22 (acres) O 1&2 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500t FAX:828-299-7043 One Internet:www.ncwaterquality.org NorthCarollna An Equal Opportunity 1 Affirmative Action Employer Aatur 4 Grandfather CC October 11,2012 Page 2 of 2 Violations of any condition herein set forth may result.in revocation of this Certification:.and may result mi 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,Linda Wiggs in the Asheville Regional Office at 828-296-4500. Sincerely, Charles Wakild, P.E., Director CW/1sw Enc_: GC3890 Certificate of Completion cc: USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy McGill Associates-David Richmond(e-copy) S:\SWP\Avery\401s\Non-DOT\Grandfather CC Beach Improvement\Grandfather.Beach.Aprvl.Oct 2012.doc i LFTA A&D E R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 15,2012 Mr. James Kneisley P.O. Box 1266 Cashiers,NC 28712 Subject: 401 Water Quality Certification -Approval Kneisley Dam DWQ Project# 12-0802 Jackson County LTN/Rochester Creek/4-13-2/Class C—Trout+ Dear Mr. Kneisley: The Division of Water Quality 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 149 feet of stream to create an approximately 0.08 acre pond at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Division of Land Resources, Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream Approximately 149 (feet) PCN Application, C.3.a. (for a 0.08 acre pond) (and construction plans) Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-29645001 FAX:828-299-7043 One Internet:www.ncwaterquality.org N444pppo t�j'/1�[jjjCarollna An Fnnal flnnnrtunihr l Affirrnati—Artinn F-1—ar Na- "-j/- alj Mr.Kneisley October 15,2012 Page 2 of 2 The above stated impact is approved with the following additional conditions: 1. Bottom Release—the bottom, or"cold water"release must be included as presented in the plans submitted with the application. 2. Temperature and Dissolved Oxygen monitoring. As stated during the site visit with you on September 5, 2012,the Division of Water Quality will require temperature and dissolved oxygen monitoring on a quarterly basis for 3 years after completion of the dam. Monitoring should be conducted approximately 20 feet downstream of the impoundment. Background monitoring shall be conducted on the adjacent tributary. A final report of the compiled data shall be submitted to the Division of Water Quality at the end of the 3 year period. Should ownership of the property be sold or transferred,monitoring will still be required(and this requirement must be disclosed to any future property holders). 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 ad judicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water 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 828-296-465. Sincerely, F' Charles Wakild,P.E., Director CW/saw Enc: GC3890 Certificate of Completion cc: USACE Asheville Regulatory Field Office—David Brown WeBSCaPe Unit—Ian McMillan Jackson County Planning—Steve Beasley Wildlife Resources—David McHenry T.E. Allen Engineering, P.C. —Terry Allen, P.E. File Copy SASARJackson\401s\Non-D0T\Kneis1ey Pond\APRVL.Kneisley Dam.10 2012.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 15, 2012 Mr. Dennis Ginsburg and Ms. Alyson Ginsburg 10540 SW 126' St. Miami,FL 33176 Subject: 401 Water Quality Certification -Approval Dennis &Alyson Ginsburg Lot 4 (Unit 2 Tahala Shores) DWQ Project# 12-0847 Jackson County LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1) /WS-III, HQW,B Dear Mr. Ginsburg and Ms. Ginsburg: The Division of Water Quality 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 approximately 0.0023 acres of open waters (below full pool; approximately 50 linear feet of shoreline) for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Jackson County Erosion and Sediment Control regulations and Duke Energy Lake Services guidelines. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-450M FAX:828-299-7043 One 1 Internet:www.ncwaterquality.org NorthCuolina n.,G.,­i n­h.,,,;+„k otr­,f;­ear,,,.,E­i..,-, Mr.Ginsburg and Ms.Ginsburg October 15,2012 Page 2 of 2 Amount Approved(Units) Plan Location or Reference Waters Appx. 0.0023 (acres Boulder wall and rip-rap, below full pool) as specified in application [appx. 50 linear feet] *Refer to Duke Energy guidelines for boulder wall design If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.a. of Duke Power Nantahala Area Shoreline Management Guidelines]. Impervious surfaces (excluding access pathways)must be kept 30 feet back from surface waters [ref. 15A NCAC 2B .0215]. 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 828-296-4665. Sincerely, f ',;F f L/ F" `Charles Wakild, P.E., Director CWlsaw Enc: GC3898 Certificate of Completion cc: Ian McMillan- WeBSCaPU Steve Beasley, Jackson County Planning Lisa Leatherman, Duke Energy Lake Services File Copy S:\SWP\Jackson\401s\Non-DOT\Ginsburg Glenville\APRVL.Dennis&Alyson Ginsburg.10 2012.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 15,2012 Mr.J. B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1112 Chambers Farm Road TIP No.B-3187 Haywood County Dear Mr. Setzer: On October 11,2012,I inspected the construction work for the new bridge over the West Fork Pigeon River on NCSR 1112 (Chambers Farm Road)in Haywood County. The bridge deck had recently been poured and construction crews were working on the approach slabs. Sediment and erosion control structures appear to be -� maintained and working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface 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: Mitchell Bishop, PE Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NCSR 1112(Chambers Farm Road)Inspection Letter October 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500 i FAX:828-299-7043 One Internet:www.ncwaterouality.org NorthCarolina An Equal Opportunity 1 Affirmative Action Employer XItlfl°M11 Site Inspection Report Site Number: WT000188 Site Name: B-3187 NCSR 1112 Chambers Farm Road Site Address: County: Haywood Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT-Division 14 Inspection Date: 10/11/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Bridge deck had recently been poured. Contractor was working on approach slabs and grading sides of roadway. Sediment and erosion control devices appeared to be working properly. Seed and mulch all bare areas. Permit(401_WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Page: 1 ASENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 15, 2012 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Stonnwater Inspection NCSR 1100 Crawford Creek Road TIP No.B-3657 Haywood County Dear Mr. Setzer: On October 11,2012,I inspected the construction work for the new bridge over Crawford Creek on NCSR 1100(Crawford Creek Road)in Haywood County. Half of the new bridge has been completed and work was just beginning to dismantle the old bridge. Sediment and erosion control structures appear to be maintained and working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface 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: Mitchell Bishop,PE Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NCSR 1100(Crawford Creek Road)Inspection Letter October 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500 t FAX:828-299-7043 One Internet:www.ncwatemuality.org NofthCar011na An Equal Opportunity'\,Affirmative Action Employer ;Vatt/yall'ff Site Inspection Report Site Number: WT000524 Site Name: B-3657 NCSR 1100 Site Address: �\ County: Haywood Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 14 Inspection Date: 10/11/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facilitycompliance Status:p � Compliant f) Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: One half of the new bridge has been completed. Contractor was starting to remove the old bridge at the time of inspection.Curtain was being installed under old bridge to collect any material from old bridge deck. Sediment and erosion control devices appeared to be operating properly. Seed and mulch all bare areas as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 n Are the culverts and/or filled areas installed properly? 0 n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 0 fl Comment: Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 15,2012 Mr.J. B. Setzer,P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NCSR 1783 Upward Road DWQ Project 08-1327 TIP No.R-4430 Henderson County Dear Mr. Setzer: On October 4,2012, I inspected the construction work on Upward Road between US Highway 176 and Howard Gap Road in Henderson County. Construction work is continuing all along Upward Road between �- Howard Gap Road and US Highway 176 with the main focus on grading,culvert installation and paving. Please ensure that all sediment and erosion control structures are being maintained as required and that seeding and mulching are being performed as needed,to protect State surface waters. Please refer to the attached copy of the inspection report for additional comments regarding the inspection. If you have questions,please call me at 828-296-4500. Sincerely, c A 6Qze,— Michael R. Parker Environmental Senior Specialist Attachment cc: Aaron Powell Mark Davis,Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office Upward Road R-4430 Inspection Letter October 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-296-4500\FAX:828-299-7043 One Ante www.newaterguality.org NOI'thCarolina An Equalual Opporttunity.Affirmative Action Employer Vatur rrl Wetland Inspection Report Project Num: 20081327 Version: 1 Status: Issued Project Name: NCDOT-SR 1783(R-4430) Project Type: Road/Highway Widening County: Henderson Region: Asheville Location: NCDOT-SR 1783(R-4430) Latitude: +35'17'51" Longitude: -82°24'25" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 10/04/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Looked at project with NCDOT staff. Repair slopes and place rip rap on slopes at inlet to 48-inch pipe. Clean material below outlet of 48-inch pipe. Complete grading of areas where the temporary bridge was installed and seed and mulch slopes. Seed and mulch all other bare areas. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 I_1 0 Are the culverts and/or filled areas installed properly? ❑ n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ 0 El Comment: Page: 1 dl�$yi NCDENIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid,P.E. Dee Freeman Governor Director Secretary October 16,2012 Mr. J.J. Swain, Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 19/19E DWQ Project 07-1134 Individual Certification No.3706 TIP Nos.R-2518A&B and R-2519A Madison and Yancey Counties Dear Mr. Swain: On October 10,2012, I inspected the construction projects on the US Highway 19 Project in Madison and Yancey Counties. Construction of the project is almost complete except for minor construction and paving activities. Please continue to ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspections. If you have questions,please call me at 828-296-4500. Sincerely, A?4z4— Michael R.Parker Environmental Senior Specialist Attachment cc: Randy McKinney,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 19 October 2012 Inspection Letter 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 Internet:www.nnity\A rmative Action No thCarohna An Equal Opportunity 1 Affirmative Action Employer jl� ��/1'f1lNl1'®�tl Wetland Inspection Report Project Num: 20071134 Version: 6 Status: Issued Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening R-2519A County: Madison Region: Asheville Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 10/10/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Reviewed project from 1-26 to Jacks Creek Road. Most construction work has been completed except for minor construction activities and paving. Please ensure that the sediment and erosion control structures are maintained to protect State surface waters. Seed and mulch any bare areas. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n In Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n In Comment: Page: 1 NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid, P.E. Dee Freeman Governor Director Secretary October 16,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 19 DWQ Project 07-1134 Individual Certification No.3706 TIP Nos. R-2519A Yancey County Dear Mr. Swain: On October 10,2012,I inspected the construction project on the US Highway 19 Project in Yancey County. Construction continues along most of the project with heavy grading,utility construction and culvert installation. It's important that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspections. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Randy McKinney,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US 19 R-2519A October 20121nspection Letter 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 Internet:wwwtnnity eA Affirmative Action NQrthCarohna An Equal Opportunity 1 Affirmafive Action Employer ��rrfi�>v►�1/rr _.� �lU \�-� Wetland Inspection Report Project Num: 20071134 Version: 6 Status: Issued Project Name: NCDOT-US 19/US 19E R-2518 A, R-2518 B& Project Type: Road/Highway Widening R-2519A County: Madison Region: Asheville Location: NCDOT-US 19/US 19E R-2518 A, R-2518 B&R-2519A Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 10/10/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 i Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: Inspected project from Jacks Creek to Micaville. Construction continues with heavy grading and culvert and pipe installation. The eastern haul road to the waste area is being closed out. Sediment and erosion control measures appear to be working properly. Please ensure that these devices are properly maintained at all times. Seed and mulch all bare areas as required. Page: 1 Project Num: 20071134 Owner: NC DOT PDEA Inspection Date: 10/10/2012 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? Is the site compliant with additional conditions of the 401 WQC or non 404 permit? 01 0 C1 Comment: Page: 2 CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 16,2012 Mr. J. J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection TIP No.B-4183 Bridge Nos.28 and 29 NCSR 1526 Crooked Creek Road Madison County Dear Mr. Swain: On October 10,2012,I inspected the construction work on TIP Project No. B-4183,on NCSR 1526(Crooked Creek Road), in Madison County. The inspection included a review of the construction and compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained until grass is well established at the site. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Randy McKinney,P.E. Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-4183 NCSR 1526 October 2012 Inspection Letter 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 1 Internet:www.ncwateraualiri.org NorthCarollna An Equal Opportunity 1 Affirmative Action Employer ahir�lly LLL1I t !�� Wetland Inspection Report Project Num: 20110060 Version: 1 Status: Issued Project Name: NCDOT-Bridge No.28 and 29 on SR 1526(B-4183) Project Type: Replace bridge with bridge County: Madison Region: Asheville Location: NCDOT-Bridge No.28 and 29 on SR 1526(B-4183) Latitude: +35°51'00" Longitude: -82°28'48" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 10/10/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Inspected site with NCDOT inspector. Work on the project had been completed except for final seeding and mulching,guard rail and final paving.Seeding was to be completed on the day of inspection. Continue to maintain sediment and erosion control devices until grass has been well established. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n In n Comment: Page: 1 CDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 16,2012 Mr. J.J. Swain, Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Stormwater Inspection TIP No. B-5113C Bridge No. 140 NC Highway 197 Mitchell County Dear Mr. Swain: On October 10, 2012,I inspected the construction work on TIP Project No.B-5113C,Bridge No. 140,over Big Rock Creek, on NC Highway 197, in Mitchell County. The inspection included a review of the construction and compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Cole Hood, PE Roger Bryan,Division 13, DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker, Asheville Regional Office B-5113C Bridge No.140 October 2012 Inspection Letter 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 Internet:www.ncwaterouality.org NorthCa.rohna An Equal Opportunity!Affirmative Action Employer ;Vat1/1�✓]`llff 6 t�_ ll Site Inspection Report Site Number: WT000492 Site Name: B-5113C Bridge No. 140 Site Address: County: Mitchell Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 10/10/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: ■ Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Project is underway and contractor was preparing the area for work on the end bents. Sediment and erosion control devices appeared to be working properly. Continue to maintain sediment and erosion control measures and seed and mulch bare areas when needed. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Page: 1 CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 16,2012 Mr. J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection-US Highway 221 DWQ Project 08-1809 Individual Certification No. 3784 TIP Nos. R-2233AA and AB Sections Rutherford County Dear Mr. Swain: On October 8,2012,I inspected the construction work on the US Highway 221 Project,R-2233AA and AB Sections,in Rutherford County. Construction continues along most of the project with heavy grading,bridge construction, culvert construction,pipe installation,roadbed preparation and paving. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection reports for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Brian C. Skeens,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office US Highway 221 October 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa.NC 28778-8211 Phone:828-29645001 FAX:828-299-7043 One Internet:www.ncwateraualitv.oro NorthCarollna An Equal Opportunity!Affirmative Action Employer ;VaA1_&4 Wetland Inspection Report Project Num: 20081809 Version: 1 Status: Issued Project Name: NCDOT-US 221 (R-2233a) Project Type: Road/Highway Widening County: Rutherford Region: Central Location: NCDOT-US 221 (R-2233a) Latitude: +35'12'21" Longitude: -81°50'18" SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 10/08/2012 Reason for Inspection: Routine Inspection Type:Site Inspection(DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): / Facility compliance Status: ■ Compliant 0 Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: 0 Permit(401 WQC) Inspection Summary: Clean out basins at Stations 146+00 and 253+00. Seed and mulch all bare areas as soon as possible. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ f=1 ❑ n Are the culverts and/or filled areas installed properly? ■ f1 n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Page: 1 { e• DIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary Joseph Moore, PE October 16, 2012 City of Brevard 95 West Main Street Brevard, NC 28712 Subject: Permit No. WQ0036184 City of Brevard Park Avenue Sewer Replacement Wastewater Collection System Extension Transylvania County Dear Mr. Moore: In accordance with your application received October 10, 2012 we are forwarding herewith Permit No. WQ0036184, dated October 16, 2012, to the City of Brevard for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. 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 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. ne NorthCarolina Nlltlll'R'lllf SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500 FAX:828 2997043 Internet:www.nmaterauality ore City of Brevard October 16, 2012 pa 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 101 linear feet of 8-inch gravity sewer as part of the Park Avenue Sewer Replacement project, and the discharge of 0 gallons per day of collected domestic wastewater into the City of Brevard's existing sewerage system, pursuant to the application received October 10, 2012 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 NCO060534 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 Jeff Menzel at (828) 296-4500. -' Sincerely, f for Charms Wakild, P.E., Director Division of Water Quality cc: Asheville Regional Office, Surface Water Protection Michael R. Goforth, PE, High Country Engineering, PC Water Quality Central Files PERCS Files (efile) 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 2T .0300 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. l` 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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 WQ0036184 City of Brevard Park Avenue Replacement Transylvania October 16 2� 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 .0300; 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 .0300; 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 cRMIT NO W00036184 City of Brevard Park Avenue Replacement Transylvania October 16 2012 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 16th day of October, 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charl6s`Wakild, P.E., D,i ector Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0036184 S:\SWP\Transylvania\Collection Systems\Brevard Collection System\ExtensionPermits\WQ0036184 Park Avenue Replacement.docx 3 -,,; �- . _i ERMIT NO W00036184 City of Brevard Park Avenue Replacement Transylvania October 16 2012 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the City of Brevard for the construction and operation of approximately 101 linear feet of 8-inch gravity sewer as part of the Park Avenue Sewer Replacement project, and the discharge of 0 gallons per day of collected domestic wastewater into the City of Brevard 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 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 .0300; 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 CHUCK CRANFORD 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. �-_. ,,L;.J �J `T;I 4 HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 16, 2012 Wayne Smith, President Jack In the Box, Inc. 51 Bridge Street Slyva, N.C. 28779 Subject:Permit No. WQ0036183 Jack In the Box, Inc. Castle Rock Mobile Home Park Wastewater Collection System Extension Jackson County Dear Mr. Smith: In accordance with your application received October 10, 2012 we are forwarding herewith Permit No.W00036183, dated October 16, 2012 to Jack In the Box, Inc. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. 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 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. No thCarohna NRtlll'lllllf SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778-0� Phone:(828)296-4500 FAX:828 2997043 Internet:www.ncwateraualitv.ore Jack In the Box, Inc. October 16, 2012 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 Jack In the Box, Inc. for the construction and operation of approximately 309 linear feet of 8-inch gravity sewer and 761 linear feet of 6-inch gravity sewer to serve 40 three-bedroom mobile homes as part of the Castle Rock Mobile Home Park project, and the discharge of 18,000 gallons per day of collected domestic wastewater into the Tuckaseigee Water& Sewer Authority's existing sewerage system, pursuant to the application received October 10, 2012 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 Tuckaseigee Water & Sewer Authority Wastewater Treatment Facility Permit NCO039578 prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Jack in the Box, Inc. and Tuckaseigee Water & Sewer Authority's for the collection and final treatment of wastewater is in full force and effect. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 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 Jeff Menzel at (828) 296-4500. Sincerely, for Char 's Wakild, P.E., Director Division of Water Quality cc: Jackson County Health Department Asheville Regional Office, Surface Water Protection Wanda H. Austin, PE Tuckaseigee Water& Sewer Authority Permit NCO039578 Water Quality Central Files PERCS Files (efile) `' 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 2T .0300; 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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 W00036183. Jack in the Box Inc., Castle Rock Mobile Home Park Jackson October 16 2012 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 .0300; 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 .0300; 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: r 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 cRMIT W00036183 Jack in the Box Inc- Castle Rock Mobile Home Park, Jackson, October 16, 2012 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 16th day of October, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 6 for Charles aki d, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0036183 S:\SWP\Jackson\Collection Systems\TWASA#3 Collection System\TWASW#1 Collection System\WQ0036183 Castle Rock.docx 3 /,._ `'�j ��`�.� i cRMIT W00036183 Jack in the Box Inc Castle Rock Mobile Home Park Jackson October 16, 2012 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description: permission is hereby granted to the Jack In the Box; Inc. for the construction and operation of approximately 309 linear feet of 8-inch gravity sewer and 761 linear feet of 6-inch gravity sewer to serve 40 three-bedroom mobile homes as part of the Castle Rock Mobile Home Park project, and the discharge of 18,000 gallons per day of collected domestic wastewater into the Tuckaseigee Water& Sewer Authority'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. 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 .0300; 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 CHUCK CRANFORD 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. ��1 ,�,�; `\_J NORTH CAROLINA Y OF JACKSON WQ0036183 Permit No. 71577 r DEVELOPER'S OPERATIONAL AGREEMENTS This AGREEMENT made pursuant to G.S. 143-215.1 (d 1)and entered into this;20th day of it September 2012 by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina,hereinafter known as the COMMISSION;and Jack"m`the Box ,a corporation/general partnership registered/licensed to do business in the State of North Carolina,hereinafter known as the DEVELOPER. WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in Jackson County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Castle Rock Mobile Home Park(hereinafter the Development). 2. The DEVELOPER desires,to construct a wastewater collection system with pumps, wastewater treatment works,and/or disposal facilities (hereinafter Disposal System)to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership(hereinafter Declaration),pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration,the Castle Rock Mobile Home Park (hereinafter Association),a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property,affairs and business of the Development; of operating,maintaining,re-constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance,re-construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto,the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER°s successor. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal';.; appurtenances thereto are part of the common elements and shall thereafter be properly maintainer., operated in conformity with law and the provisions of the permit for construction, operation,repair,a:.,,, maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewatt. treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair,maintain or construct the Disposal System,beyond the routine operation and maintenance expenses,the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. 6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,and maintenance of the Disposal System,the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town,village,county,water and sewer authorities,or other unit of government shall hereinafter become available to serve the Development,the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for i the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance,repair and operation of its Disposal System,the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person,corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 9. The agreements set forth in numbered paragraphs 1, 2, 3,4, 5,6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction,maintenance,repair and operation of the Disposal System. 10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF,this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below; FOR THE ENVIRONMENTAL y e MANAGEMENT POMMISSIQN Name of DPEVELOPER, Bv. A, Charles Wakild,P.E., Director (Signature) Division of Water Quality /- Print N e and Title f q-(Date)4 (Date) 4 yr WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 16,2012 Joseph W. Carriker, Project Manager Duke Energy(FERC No. 2968) Post Office Box 1006 Charlotte,North Carolina 28201-1006 Subject: 401 Water Quality Certification -Approval Bear Creek Boating Access Area DWQ Project#2012-0881 Jackson County LTN02/Bear Creek/2-79-17/Class WSIII; B; Tr Dear Mr. Carriker: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.12 acres of open waters for the purpose of recreational access at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.12 (acres) Application Item C. 4. 01 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-450M FAX:828-299-7043 NQ1 �1CaT011ll�i Internet:www.ncwaterquality.org atlll d An Eaual O000rtunity i Affirmative Action Emalover Ndil Duke Energy October 16,2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in A 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 Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, I .AK '` /K-K Charles Wakild, P.E., Director CWlkhb Enc: GC3898 Certificate of Completion cc: Jeff Ferguson, P.E. NC Wildlife Resources Commission, 171 Southern Cross road, Weaverville,NC.28787 USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy S:\S WPUackson\401 s\Non-DOT\DukeEnergy.BearCreek\BearCreekBoatingAccessArea.Appv1.10.16.2012.doe CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 16, 2012 E. Mason Moorer 305 Sydenham Way Evans, Georgia 30809 Subject: 401 Water Quality Certification -Approval Moorer Lake Access DWQ Project#2012-0856 Macon County LTNO03 /Nantahala River [Nantahala Lake (Aquone lake)] /2-57-(22.5)/Class B; Tr Dear Mr. Moorer: .The Division of Water Quality 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 90 linear feet for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Pen-nit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 90 (linear feet) Application Item 7. And attached diagram Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 828-296-450M FAX:828-299-7043 NOrtll�dr�IlTld Internet:www.newaterquality.org An Eoual Onoortunity;Affirmativa Artinn Fmnlnvar Natutrally E.Mason Moorer October 16,2012 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 Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, sf Charles Wakild, P.E., Director CWlkhb Eric: GC3898 Certificate of Completion cc: Bob Martin, Post Office Box 304, Glenville,NC 28736 USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy S:\S WP\Macon\401 s\Non-DOT\Moorer.Nantahal a\Moorer.Nantahal a.10.16.2012.doc NCD North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E, Dee Freeman Governor Director Secretary October 16, 2012 Seixas G. Milner, Jr., Trustee 1031 Millstone Point Bogart, Georgia 30622 Subject: 401 Water Quality Certification -Approval Lots 2 and 3, Jarrett Creek DWQ Project#2012-0863 Macon County LTN03 /Nantahala River [Nantahala Lake (Aquone Lake)] /2-57-(22.5)/Class B; Tr Dear Mr.Milner: The Division of Water Quality 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 300 linear feet of shoreline for the purpose of bank stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 300 (linear feet) Application Item 7 and attached diagram Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 orth�a1 Q1211a Phone:828-296-45001 FAX:828-299-7043 Internet:www.ncwaterquality.org N An EOu81 O000rfunifv',Affirmative Artinn Fmnlnvar Seixas G.Milner,Jr.,Trustee October 16,2012 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 Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, 177 Charles Wakild, P.E., Director CWlkhb Enc: GC3898 Certificate of Completion cc: Bob Martin, Post Office Box 304, Glenville,NC 28736 USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy S:\S WP\Macon\401 s\Non-DOT\Milner.Nantahala\Milner.Nantahala.10.16.2012.doc 4 g r• T NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 16, 2012 Kristen Ball, Supervisor USDA—US Forest Service—Nantahala National Forest—Cheoah District 160 Zilacoa Street - Suite A Asheville,North Carolina 28801 Subject: 401 Water Quality Certification -Approval Massey Branch Boat Ramp and Parking Lot Upgrade DWQ Project#2012-0880 Graham County LTN04/ Santeetlah Creek/2-190-19/Class B; Tr Dear Ms. Ball: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.038 acres of open waters for the purpose of recreational access at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.038 (acres) Application Item C. 4. 01 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 brie Phone:828-296-45001 FAX:828-299-7043 1VOI'�1C�TQ�112a Internet:www.ncwaferquality.arg ty` a���N��� r._._,_.._.. y`J�Y`J t United States Forest Service October 16,2012 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 ad judicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, ;% g v'F v d Charles Wakild, P.E., Director CWlkhb Enc: GC3898 Certificate of Completion cc: Jeff Ferguson, P.E. NC Wildlife Resources Commission, 171 Southern Cross road, Weaverville,NC 28787 USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy S:\S WP\Graham\401 s\Non-DOT\MasseyBranchBoatingAccess\MasseyBranchBoatingAccessArea.Appvl.10.16.2012.doc f NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, RE. Dee Freeman Governor Director Secretary October 16, 2012 Mr. J. B. Setzer,P.E. Division 14 Engineer N.C.Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection-NCSR 1533 TIP No.B-4291 Transylvania County Dear Mr. Setzer: On October 4,2012,I inspected the construction work for the new bridge over the Davidson River on NCSR 1533 in Transylvania County. The cored slab bridge deck had recently been installed and construction crews were working on piles for the end bents. Sediment and erosion control structures appear to be maintained and working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface 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,PE Mark Davis,Division 14,DEO Ed Ingle, Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NCSR 1533 B-4291 Inspection Letter October 2012 SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-29645001 FAX:828-299-7043 One Internet:www.ncwatemualitv.org NOrthCarolina An Equal Opportunity 1 Affirmative Action Employer Natuf sally Site Inspection Report Site Number: WT000782 Site Name: B-4291 Site Address: County: Transylvania Region: Asheville Directions: Latitude: Longitude: Site Owner Name: Thorpe,Gregory J. Inspection Date: 10/04/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant ) Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Looked at project site with NCDOT Inspector. Cored Slab had been installed across Davidson River. Contractor was working on piles for end bents. Sediment and erosion control measures appeared to be working properly. Contine to maintain sediment and erosion contrl measures. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? N ❑ ❑ n Are the culverts and/or filled areas installed properly? n fl Is the site compliant with additional conditions of the 401 WQC or non 404 permit? m n n Comment: Page: 1 1®� any ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 16,2012 Mr.J.B. Setzer,P.E. Division 14 Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NC Highway 107 TIP No.B-3480 Jackson County Dear Mr. Setzer: On October 11,2012,I inspected the construction work for the new bridge over the Tuckasegee River on NCSR NC Highway 107 in Jackson County. The contractor was working on bridge piers at the time of inspection. Sediment and erosion control structures appear to be maintained and working properly. Please ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect State surface 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:Mitchell Bishop,PE Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office (Setzer)NC Highway 107 B-3480 Inspection Letter October 2012 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 www.ncwateraualitv.org NordiCarOlina An Equal Opportunity!Affirmative Action Employer ;Vatumlly Site Inspection Report Site Number: WT000784 Site Name: B-3480 Site Address: County: Jackson Region: Asheville Directions: NC Highway 107 approximatelly three miles south of Culowhee Latitude: Longitude: Site Owner Name: NCDOT Inspection Date: 10/11/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant ❑ Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: M Permit(401 WQC) Inspection Summary: Reviewed project site with NCDOT Inspector. Visual observations indicated that concrete mixed with water from a drilled pile hole was allowed to enter the Tuckasegee River on 10/10/2012. Efforts should be employed to prevent raw concrete from coming into contact with State surface waters. Raw concrete in surface waters can result in fish and aquatic life mortality. Also, it was recommended that a silt fence be installed on the northwest side of the river(where the piers were being constrcuted)to prevent sediment from entering the river. Other sediment and erosion control measures appeared to be working properly. Seed and mulch all bare soil areas are required. Page: 1 Site Number: WT000784 Owner: NCDOT Inspection Date: 10/11/12 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ o o ❑ Are the culverts and/or filled areas installed properly? ■ Q 0 Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ ■ fl ("'1 Comment: On October 10, 2012 while placing concrete in one of the pile holes a small amount of concrete mixed with water from the hole was spilled into the Tuckasegee River. Page: 2 A4 ifC&DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 19,2012 Mr. J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Stortnwater Inspection TIP No. B-5113A Bridge No. 550 NCSR 1383 Buncombe County Dear Mr. Swain: On October 16,2012, I inspected the construction work on TIP Project No.B-5113A,Bridge No. 550, over the South Fork Turkey Creek,on NCSR 13 83, in Buncombe County. The inspection included a review of the construction, compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, 'Michael R.Parker Environmental Senior Specialist Attachment cc: Cole Hood,P.E. Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-5113A Bridge No.550 September 2012 Inspection Letter i SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-2964500 i FAX:828-299-7043 One Internet:www.ncwateraualitv.ora NorthCaPOltna An Equal Opportunity\Affirmative Action Employer ;Vat y4 Site Inspection Report Site Number: WT000637 Site Name: BD-5113-A \ Site Address: PO Box 3279 County: Buncombe Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 10/16/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E Permit(401 WQC) Inspection Summary: There was no construction activity during the inspection. Bridge appears to be complete except for minor construction,bridge side walls and paving. Sediment and erosion control measures appear to be working properly. Continue to maintain sediment and erosion control measures and seed and mulch as needed. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? n n n Are the culverts and/or filled areas installed properly? Cl n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n n n Comment: Page: 1 A4 IWYWA ka NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild; P.E. Dee Freeman Governor Director Secretary October 19,2012 Mr.J. J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Stormwater Inspection TIP No.B-5113B Bridge No. 15 NCSR 1608 Buncombe County Dear Mr. Swain: On October 16,2012, I inspected the construction work on TIP Project No.B-5113B,Bridge No. 15,over the South Fork Turkey Creek,on NCSR 1608, in Buncombe County. The inspection included a review of the construction,compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, /2/z�� r re- Michael R.Parker Environmental Senior Specialist Attachment cc: Cole Hood,P.E. Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-5113B Bridge No.15 October 20121nspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa.NC 28778-8211 Phone:828-296-4500 i FAX:828-299-7043 ��� Internet:www.ncwateraualitv.ora NQrthCarollna An Equal Opportunity Affirmative Action Employer Natulvil, Site Inspection Report Site Number: WT000636 Site Name: BD-1553B Bridge No. 15 Site Address: PO Box 3279 County: Buncombe Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 10/16/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: E Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: E_Permit(401 WQC) Inspection Summary: Reviewed site. Dane Construction was working on bridge at time of inspection. Bridge appears to be complete except for minor construction, bridge side walls and paving, Sediment and erosion control measures appeared to be working properly. Continue to maintain sediment and erosion control measures and seed and mulch as needed. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? El n n Are the culverts and/or filled areas installed properly? n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ❑ n n Comment: Page: 1 FRAJ r8ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 19, 2012 Mr. J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection TIP No.B-5113C Bridges 352 and 353 Burke County Dear Mr. Swain: On October 17,2012,I inspected the construction work on TIP Project No.B-5113C,NCSR 1874, in Burke County. The inspection included a review of the construction and compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R.Parker Environmental Senior Specialist Attachment cc: Cole Hood,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-5113C NCSR 1874 October 20121nspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa.NC 28778-8211 Phone:828-296-4500 i FAX:828-299-7043 One Internet:www.ncwateraualitv.org NOI't1Car olina An Equal Opportunity i Affirmative Action Employer ?durdl/ Site Inspection Report Site Number: WT000490 Site Name: B-5113C Site Address: Po Boox 3279 County: Burke Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT Division 13 Inspection Date: 10/17/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: ■ Compliant n Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Bridge construction continues with work on birdge piers. Sediment and erosion control measures appear to be working properly. Continue to maintain sediment and erosion control devices. Seed and mulch all bare areas are required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n Comment: Page: 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 19,2012 Mr.J.J. Swain, Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection TIP No. B-4046 Bridge No. 38 NCSR 1901 Wards Gap Road Burke County Dear Mr. Swain: On October 17,2012, I inspected the construction work on TIP Project No.B-4046,on NCSR 1901 (Wards Gap Road). The inspection included a review of the construction project and compliance with the 401 Water �- Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Brian Skeens,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office B-4046 NCSR 1901 101712 Inspection Letter 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 Internet:www.ncwaterauality.org NorffiCarohna An Equal Opportunity!Affirmative Action Employer s rA //r Site Inspection Report Site Number: WT000489 Site Name: B-4046 Site Address: County: Burke Region: Asheville Directions: Latitude: Longitude: Site Owner Name: NCDOT-Pdea Inspection Date: 10/17/12 Reason for Inspection: Routine Inspection Type: Site Inspection(DOT) Inspection Contact Person: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: N Compliant n Not Compliant ' Program Area: 401 (includes isolated/non-404) Question Areas: N Permit(401 WQC) Inspection Summary: Inspected sediment and erosion control measures. All of the measures appeared to be working properly. Bridge beams being set during inspection. Continue to maintain sediment and erosion control devices and seed and mulch as required. Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? 0 0 0 Are the culverts and/or filled areas installed properly? fl Is the site compliant with additional conditions of the 401 WQC or non 404 permit? n Comment: Page: 1 "AlF, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 19,2012 Mr.J.J. Swain,Jr.,P.E. Division 13 Engineer N.C.Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection DWQ Project 10-10 17 TIP No.U-2550B NC Highway 18 @ I-40 Burke County Dear Mr. Swain: On October 17,2012,1 inspected the construction work on TIP Project No.U-2550B,NC Highway 18 at Interstate 40 in Burke County. The inspection included a review of sediment and erosion control measures and compliance with the 401 Water Quality Certification. Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are performed as required to protect State surface waters. Also,please refer to the attached inspection report for any specific items noted during the inspection. If you have questions,please call me at 828-296-4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc:Brian C. Skeens,PE Roger Bryan,Division 13,DEO Ed Ingle,Roadside Environmental Transportation Permitting Unit Mike Parker,Asheville Regional Office R-2550B NC Highway 18 cr I-40 October 2012 Inspection Letter SURFACE WATER PROTECTION SECTION—Asheville Regional Office 2090 U.S.70 Highway,Swannanoa,NC 28778-8211 Phone:828-29645001 FAX:828-299-7043 One 1 Internet:www.ncwateraualiri.ora NOrthCarohna An Equal Opportunity's Affirmative Action Employer Naturally ;t f!lra/JJJ 1 J /" '��� Wetland Inspection Report Project Num: 20101017 Version: 1 Status: Issued Project Name: NCDOT-NC 18(U-2550B) Project Type: Road maintenance/repair/improvements County: Burke Region: Asheville Location: NCDOT-NC 18(U-2550B) Latitude: Longitude: SW Plan Location: Site Owner Name: NC DOT PDEA Inspection Date: 10/17/2012 Reason for Inspection: Routine Inspection Type:Site Inspection (DOT) Inspection Contact Person: Title: Phone: On-Site Representative(s): Primary Inspector: Michael R Parker Phone: 828-296-4500 Secondary Inspector(s): Facility compliance Status: M Compliant f1 Not Compliant Program Area: 401 (includes isolated/non-404) Question Areas: Permit(401 WQC) Inspection Summary: Looked at all construction activities on project. Sediment and erosion constrol measures appeared to be working properly. The skimmer basin on the southwest side of the East Prong of Hunting Creek needs to be cleaned and the skimmer adjacent to the east bound on ramp also needs to be cleaned. Seeding and mulching needs to be performed on bare areas at various places on the project. Continue to maintain sediment and erosion control devices. Seed and mulch all bare areas as required. �j Page: 1 Project Num: 20101017 Owner: NC DOT PDEA Inspection Date: 1 0/1 712 0 1 2 Inspection Type: Site Inspection(DOT) Reason for Visit: Routine Permit(401 WQC) Yes No NA NE Does the impact(s)match what was approved in the 401 WQC or non 404 permit? ■ n n n Are the culverts and/or filled areas installed properly? ■ n n n Is the site compliant with additional conditions of the 401 WQC or non 404 permit? ■ n n n Comment: Page: 2 4 .,r,.,,,,,. .�../.�.r�.em�.s�.r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 19, 2012 Seixas G. Milner, Jr., Trustee 1031 Millstone Point Bogart, Georgia 30622 Subject: 401 Water Quality Certification-Approval Lots 8, Jarrett Creek DWQ Project#2012-0863 Macon County LTN03 /Nantahala River [Nantahala Lake (Aquone Lake)] /2-57-(22.5)/Class B; Tr Dear Mr.Milner: The Division of Water Quality 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 300 linear feet of shoreline for the purpose of bank stabilization at the subject property. This approval shall replace the approval, dated October 16, 2012. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition,you should obtain or otherwise comply with any other required federal,state or local permits before you proceed with your project including(but not limited to) Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 300 (linear feet) Application Item 7 and attached diagram Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500\FAX:828-299-7043 One NOI'111dr011lla Internet:www.ncwaterquality.org lahnral& Seixas G.Milner,Jr.,Trustee October 16,2012 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 ad judicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, 1-17 s Charles Wakild,P.E., Director CW/khb cc: Bob Martin, Post Office Box 304, Glenville,NC 28736 USACE Asheville Regulatory Field Office f WeBSCaPe Unit—Central Office File Copy S:\S WP\Macon\401 s\Non-DOT\Milner.Nantahala\Milner.Nantahala.reissued.10.19.2012.doc Ai .DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 19,2012 Haywood County DWQ Project 20120831 TIP No.U-4412 NCSR 1184(Howell Mill Road) Approval of 401 Water Quality Certification with Additional Conditions Dr. Gregory J. Thorpe,Ph.D.,Manager Project Development and Environmental Analysis Unit North Carolina Department of Transportation 1598 Mail Service center Webster Road Raleigh,North Carolina,27699 Dear Dr. Thorpe: You have our approval,in accordance with the conditions listed below,for the following impacts in Raccoon Creek and in two(2)unnamed tributaries of Richland Creek for the purpose of widening Howell Mill Road from US Highway 276 to F. US Highway 23 Business,in Haywood County: Stream Im acts in the French Broad River Basin Site Stream Streambank Permanent Temporary Total Stream Relocation Stabilization Fill in Impacts in Stream Impacts (linear ft) (linear ft) Perennial Perennial Impact Requiring Stream Stream (linear ft) Mitigation linear ft) (linear ft) (linear ft) Site 1* 100 0 30 59 189 p Site 2 0 17 90 19 126 0 Site 3 0 7 19 29 55 0 Total 100 24 139 107 370 0 Total Permanent Stream Impacts for Project: 263 lin.ft. Total Temporary Impacts: 107 linear ft. Wetland Im acts in the French Broad River Basin ' arian Site Fill Fill Excavation Mechanized Hand Area Total Wetland (ac) (temporary (ac) Clearing Clearing under Impact(ac) (ac) (ac) Bridge ac ac Site 1 0.01 0 0 0 0.00 0 0.01 Site 2 0.02 0 0 0 <0.01 0 <0.03 Site 3 0.04 0 0 0 0.02 0 0.06 Total 0.07 0 0 1 0 <0.03 0 <0.10 Total Wetland Impact for Project: <0.10 acres. _. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One L, 1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Ca1 011lla Phone:828-296-450M FAX:828-299-7043 N01rt11 Internet: www.ncwaterquaiveActi An Equal Opportunity 1 Affirmative Action Employer `!l[[ Dr. Gregory Thorpe,Ph.D. October 19,2012 Page Two A * Site 1- The existing culvert is 230 linear feet. The new double barrel box culvert will be 185 linear feet. The new relocated channel will be 240 linear feet. The project should be constructed in accordance with your application dated August 23, 2012 (received September 4, 2012) and additional information received September 24, 2012 and October 9, 2012, 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. 3886, 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 the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: I. 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 open waters and streams 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 ry Thorpe,Ph.D. .;r 19,2012 Je Three 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. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. 6. NCDOT shall place no access fencing at the end of the mitigation site on Raccoon Creek to prevent damage to the mitigation site. 7. 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. 8. 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. 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 stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 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. 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. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 13. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 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. 18. 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. 19. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 20. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer - and the on-site project manager. 21. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. Dr. Gregory Thorpe,Ph.D. October 19,2012 Page Four 22. 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. 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. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated,or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 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 shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 27. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. 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, Charles Wakild,�E.,eirtr Division of Water Quality Attachments cc: Lori Beckwith,USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle,Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office 12-0831(Thorpe)TIP U-4412 Howell Mill Road .�,.,.,. IrA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman Governor Director Secretary October 22, 2012 Barry Jones, Board Chairman Cliffside Sanitary District Box 122 Cliffside NC 28024 SUBJECT: Compliance Evaluation Inspection Cliffside Sanitary District WWTP Permit No: NC0004405 Rutherford County Dear Mr. Jones Enclosed please find a copy of the Compliance Evaluation Inspection conducted on September 11, 2012. As noted in previous inspection reports this plant is starting to show its age. As the facility is at or near the age of its life expectancy, an evaluation should be conducted to determine if rehabilitation or replacement of the facility would be the better course of action. The current system would not be capable of meeting concentration based limits as should be reflected in the next NPDES permitting cycle for this system (current NPDES permit is set to expire in July 2013). Please refer to the enclosed inspection report along with the Technical Assistance report dated July 2, 2010 for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Men el Environmental Specialist Enclosure cc: Michael Franklin Gibert, ORC Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One Phone::ww .ncwat00\FAX:org 299-10 w- Amillria Internet:www.ncwaterauaiitv.oro �/ v/�'JQ 1/ S:\SWP\Rutherford\Wastewater\Municipal\Cliffside SD WWTP 04405\CEI 2012.docx :/ -_--- . _- - �' ,�1, United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i,e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 11 NC0004405 ( 11 121 12/09/11 117 181 C I 19I S I 20I_I 211 ( Remarks 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- - 67) 169 70I 2 I 711 I 72I N I 73 LLJ 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Cliffside Sanitary District WWTP 09:15 AM 12/09/11 08/10/01 3400 Hwy 221-A Exit Time/Date Permit Expiration Date Cliffside NC 28024 10:15 AM 12/09/11 13/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Michael Franklin Gibert/ORC/828-657-9180/ Name,Address of Responsible Official/Title/Phone and Fax Number Greg Blake,PO Box 427 Cliffside NC 28024//828-657-7011/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■Flow Measurement E Operations&Maintenance 0 Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspectors Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ c Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NC0004405 111 12I 12/09/11 117 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) As noted in previous inspection reports this plant is starting to show its age. As the facility is at or near the age of its life expectancy, an evaluation should be conducted to determine if rehabilitation or replacement of the facility would be the better course of action.The current system would not be capable of meeting concentration based limits as should be reflected in the next NPDES permitting cycle for this system (current NPDES permit is set to expire in July 2013). Page# 2 Permit: NC0004405 Owner-Facility: Cliffside Sanitary District WWTP Inspection Date: 09/11/2012 Inspection Type: Compliance Evaluation Operations$Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ 0 0 0 Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids, pH, DO,Sludge ■ ❑ 0 I_l Judge,and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n 0 ■ 0 Is the facility as described in the permit? ■ ❑ Q #Are there any special conditions for the permit? ❑ so o Is access to the plant site restricted to the general public? is ❑ ❑ 0 Is the inspector granted access to all areas for inspection? ■ ❑ ❑ n Comment: The current system would not be capable of meeting concentration based limits as should be reflected in the next NPDES permitting cycle for this system (current NPDES permit is set to expire in July 2013). Page# 3 MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 22, 2012 Ms. Marisue Hilliard, Forest Supervisor USDA U S Forest Service P.O. Box 2750 Asheville, North Carolina 28802-2750 Subject: NOTICE OF VIOLATION NOV-2012-PC-0351 Compliance Evaluation Inspection Sliding Rock Recreation Area WWTP Permit No. NCO020460 r Transylvania County Dear Ms. Hilliard: Enclosed please find a copy of the Inspection Report from the inspection conducted September 25, 2012. The Compliance Evaluation Inspection was conducted by Janet Cantwell of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCO020460 for the following: Inspection Area Compliance Issue Record Keeping No log book was available at the time of inspection. Dechlorination There was no dechlorination but it is listed on the permit. No log book, WWTP permit or operations and maintenance records were available of the time of the inspection as required by the NPDES permit. 15A NCAC 08G.0204(5) of the Water Pollution Control System Operators Rules states: Document the operation, maintenance, and all visitation of the system in a daily log that must be maintained at the system. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NOI thCarolina Internet:www.ncwaterguality.org Niq tlydtiiV Ms. Marisue Hilliard October 22, 2012 Page Two Log book pages which were emailed from James & James/ ORC the afternoon after the inspection revealed the WWTP log entries were combined with the drinking water supply log book for the campground. Records for each facility should be maintained in their own log book at their respective sites. The NPDES permit also lists dechlorination as a component of this permit. Please explain why dechlorination is not being used. 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 fifteen (15)working days of receipt of this letter. 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 Janet Cantwell at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection U' Attachment cc: DWQ Asheville Files w/ attachment DWQ Central Filesw/attachment NPDES Enforcement w/ attachment James & James Environmental/ ORC w/ attachments S;\SWP\Transylvania\Wastewater\Minors\Sliding Rock 20460\NO\l-2012-PC-0351.doe United States Environmental Protection Agency /� Washington,D.C.20460 Form Approved. CPA OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES - yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NC0020460 ' 11 121 12/09/25 17 18I C I 19I S I 20I I 21 Remarks 1 , 111 , 111 , II [ III IIIIIIIIIIIIIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------—Reserved---------------------- 67I 169 70I I 711 I 72I N I 73'u_1 I ' 74 751 ( I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Sliding Rock Recreation Area 10:55 AM 12/09/25 11/02/01 US Hwy 276 Exit Time/Date Permit Expiration Date Pisgah Forest NC 28768 12:00 PM 12/09/25 16/01/31 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 Marisue Hilliard,PO Box 2750 Asheville NC 288022750/Forest Contacted Supervisor/828-257-4200/8282574263 Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Records/Reports Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3 NCO020460 111 12I 12/09/25 117 18I cI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The permit shows the plant as having tablet dechlorination but only chlorine tablets were being used. No log book, WWTP permit and operations and maintenance records were available on site at the time of inspection as required by the NPDES permit. 15A NCAC 08G.0204(5) of the Water Pollution Control System Operators Rules states: Document the operation, maintenance, and all visitation of the system in a daily log that must be maintained at the system. Log book pages which were emailed from James & James the afternoon after the inspection revealed the WWTP log entries were combined with the drinking water supply log book for the campground. Records for each facility should be maintained in their own log book at their respective sites. l Page# 2 Permit: NCO020460 Owner-Facility: Sliding Rock Recreation Area ,pection Date: 09/25/2012 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? Q 0 ■ Is the facility as described in the permit? [I ■ 11 (1 #Are there any special conditions for the permit? n ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ 0 0 Cl Is the inspector granted access to all areas for inspection? ■ fl 0 0 Comment: The permit shows the plant as having tablet dechlorination but only chlorine tablets are used. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? n ■ Q ❑ Is all required information readily available, complete and current? n ■ ❑ n Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ 0 ❑ ■ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain-of-custody complete? 11 11 C1 ■ 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 ( 1 Transported COCs n Are DMRs complete:do they include all permit parameters? ■ n 0 Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ 0 (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 n ■ 0 Is the ORC visitation log available and current? n ■ fl n Is the ORC certified at grade equal to or higher than the facility classification? 11 n 0 ■ Is the backup operator certified at one grade less or greater than the facility classification? ❑ 0 0 ■ Is a copy of the current NPDES permit available on site? n ■ ❑ n Facility has copy of previous year's Annual Report on file for review? n n ■ n Comment: No log book was available at the time of inspection. Page# 3 \i ,__, .��IN NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild,P.E. Beverly Eaves Perdue Director Dee Freeman Governor Secretary October23, 2012 Steve Wilson Rolf Pippert Unimin Corporation PO Box 588 Spruce Pine,NC 28777 Subject: Non-Compliance Resolution Unimin Corp-Green Mountain Plant#1 Incident Closure-Permit#NCG020032 Yancey County Dear Messrs Wilson and Pippert: The Division of Water Quality(DWQ)has received the Sediment Removal Final Report for the Unimin Corp-Green Mtn Plant#1 from Clearwater Environmental Consultants, Inc.,related to the letter of non-compliance dated May 18, 2012. DWQ has reviewed the information provided and conducted a follow-up site visit on October 19, 2012. The written response and the remedial results observed at the site have satisfactorily resolved the violations noted in the letter dated May 18, 2012. It was noted that sediment had been removed along approximately 500 feet of an Unnamed Tributary to Mine Fork. This letter in no way precludes this Office for taking action on this or any other violation. Should you have any questions regarding these matters,please contact me at(828) 296-4500. Sincerely, Tim Fox Environmental Specialist Surface Water Protection Section cc: Central Files ARO File Copy S:\SWP\Yancey\Stormwater\NCG02 Mining\Unimin\Unimin Green Mt Plant#I Daybook Property\April 2012 Inspection\NOV f \ Closure.uniminGrMtnl Oct 2012.doc SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI t11CarOl111a Phone:: www.6-4500\FAX:.or 299 7043 Internet: www.ricwaterquality.org L 1 An Equal Opportunity 1 Affirmative Action Employer CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 23, 2012 CERTIFIED MAIL 70091680 0000 7515 3004 RETURN RECEIPT REQUESTED Mr. Tony Konsul Carolina Water Service Inc. of NC P.O Box 240908 Charlotte,North Carolina 28224-0908 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO022985 Carolina Water Service Inc. of NC Fairfield Sapphire Valley WWTP Case No. LV-2012-0173 Jackson County Dear Mr. Konsul: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00 ($200.00 civil penalty+ $137.00 enforcement costs) against Carolina Water Service Inc. of NC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Carolina Water Service Inc. of NC for the month of May 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0022985. The violations which occurred in May 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Carolina Water Service Inc. of NC violated the terms, conditions or requirements of NPDES Permit NCO022985 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, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment against Carolina Water Service Inc. of NC: NorthCarolina �atura!!� SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone:(828)296-4500\FAX:828 2997043 Internet:www.ncwaterguality.org 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $200.00 NC0022985,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. $200.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $337.00 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: \ 'y; Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to.the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In 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 Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/attachments DWQ Central Files w/attachments NPDES Point Source Unit w/attachments S WUP ?acl om..LVa�te�roaCer;llmps,;L.:� S Fairfield Sapphire Subd279xs`LV 20I2-Q1"3.cic:>e JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0173 County: Jackson Assessed Party: Carolina Water Service Inc. of NO Fairfield Sapphire Valley Permit No.: NC0022985 Amount Assessed: $337.00 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. 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 ENVIRONNL. AND NATURAL RESOURCES COUNTY OF JACKSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CAROLINA WATER SERVICE INC. OF NC/ ) FAIRFIELD SAPPHIRE VALLEY ) PERMIT NO.NCO022985 ) FILE NO. LV-2012-0173 Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 23, 2012,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 w IL 0 0 w w z E E d E E 5 X > o : d N o 0 a Z 0 c� I Cl g Lu WE_ o OS N 0 0 w Fw 7 J O 01 N J> � Q U F 0 0 O v v (h Y t1 O .7 w `y LLW r On O. o F � > >w # O U U z iy 4- O Q O C N V - Z v O w LU N 7 > > cc CJ Y Y UG ) J w N >N � �i LL > L LLJ Q w m z Q Oc O63 Z o~ a o a�o Q > V C) d R 01 t Q a � LU R m 't a w w m a LL LL LL. z O C C ~ 7 7 a V o w w LL J J Q n. Fa o 0 �. O O O Qb ZRM F- " \ G 00 N 0 0 Vc F-o, N N O z� W) � z �o O O_ Q o 0 LLI o 0 a J a ea u> {'/�\� J�, A'4 NC EIN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 24, 2012 Mr. Charles Johnson 1906 Woods Mountain Trail Cullowhee,NC 28723 Subject: 401 Water Quality Certification -Approval Charles Johnson Lot 10 The Point(1906 Woods Mountain Trail) DWQ Project# 12-0862 Jackson County LTN02/Glenville Lake (Thorpe Lake)/2-79-23-(1)/WS-III,HQW, B Dear Mr. Johnson: The Division of Water Quality 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 approximately 0.0063 acres of open waters (below full pool; approximately 109 linear feet of shoreline)for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to)Jackson County Erosion and Sediment Control regulations and Duke Energy Lake Services guidelines. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-45001 FAX:828-299-7043 1�T 1 Internet:www.ncwaterquality.org Noi't�1Carolina lltlll'll`lJ Mr.Johnson October 24,2012 Page 2 of 2 Amount Approved (Units) Plan Location or Reference Waters Appx. 0.0063 (acres Boulder/dry stack wall and _ below full pool) rip-rap, as specified in [appx. 109 linear feet] application. *Refer to Duke Energy guidelines for boulder wall desi n. Impervious surfaces (excluding access pathways) must be kept 30 feet back from surface waters [ref. 15A NCAC 2B .0215]. 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 828-296-4665. Sincerely, CharlesVakild, P.E., Director CW/saw Enc: GC3898 Certificate of Completion cc: Karen Higgins -WeBSCaPU Steve Beasley, Jackson County Planning Lisa Leatherman, Duke Energy Lake Services Hubert Bryson, Bryson Trucking, 6352 Hwy. 107 North, Glenville,NC 28736 File Copy S:\SWP\Jackson\401s\Non-DOT\Johnson Lot 10 Wood Mtn Tr\APRVL.Johnson Lot 10 Woods Mtn Tr.10 2012.d6___,,-' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 29, 2012 Robin Dunnebacke 6157 Lake James Road Marion,North Carolina 28752 Subject: 401 Water Quality Certification -Approval Dunnebacke Shoreline Stabilization DWQ Project#2012-0907 Burke County CTB30/Catawba River (Lake James)/ l l-(23)/Class WS-V; B Dear Mrs. Dunnebacke: The Division of Water Quality 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 250 linear feet of shoreline for the purpose of stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3898. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control and Catawba Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 250 (linear feet) 1780—Lot 26 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-45001 FAX:828-299-7043 One Internet:www.ncwaterquality.org NarthCar011na An Equal Opportunity k Affirmative Action Employer • '' Robin Dunnebacke October 29,2012 Page 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result,,- criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, F' f for Charles Wakild, P.E., Director CW/khb Enc: GC3898 Certificate of Completion cc: Carissa Parker, Bernick Enterprises, LLC. Wade Harman, Duke Energy Pete Minter,Burke County USACE Asheville Regulatory Field Office WeBSCaPe Unit—Central Office File Copy S:\SWP\Burke\401s\Non-DOT\Dunnebacke,Lk James\ApprovalDunnebacke.Oct 2012.doc i -W�arj \\ram N Forth Carolina Department of Environment and Natural Resources Division of Water Quality Beverly paves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 29, 2012 Mrs. Gary McPherson 44 Rock Mason Road Swannanoa NC 28778 SUBJECT: Compliance Evaluation Inspection Gary McPherson-Residence Permit No: NCG550530 Buncombe County Dear Mrs. McPherson: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on October 23, 2012. The Compliance Evaluation Inspection was conducted by Linda Wiggs and Katherine Jimison of the Asheville Regional Office. The facility was found to be in compliance with permit NCG550530. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please call me at (828) 296-4500 Sinc ly, Katherine Jimison Chemistry Technician III Enclosure cc: NPDES Permitting Unit Central Files Asheville Files em_�re'-,MDG55 Farn.lV "'..7#.=Ui'i::, ..v,.., •t; s.:a�y".`i,i�>I�}>:' :sC?C;EI 12 cuc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE �- Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One Phone:(828)296-4500\FAX:828 299-7043 NorthCaT'ofina Internet:www.ncwaterguality orq �aturall� United States Environmental Protection Agency Form Approved. L P A Washington,D.C.20460 OMB No.2040-0057 Watlar/`1 Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCs) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCG550530 111 121 12/10/23 117 18I C I 19I S I 20I I Remarks 211III IIII IIII I11I IIII IIII I I I I III I I I I I I I I I I I I I IU6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 (2A ---------------------------Reserved---------------------- 67 I 169 70131 71 I I 721 NJ 73I I 174 751 I I I I I I 180 Section B: Facility Data �—u Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 355 Buckeye Cove Road 01:30 PM 12/10/23 07/08/17 355 Buckeye Cove Rd Exit Time/Date Permit Expiration Date Swannanoa NC 28778 02:00 PM 12/10/23 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Gary McPherson,355 Buckeye Cove Rd Swannanoa NC 28778/// Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 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 Linda S Wiggs 14 ARO WQ//828-296-4500 Ext.4653/ Ci f °'" Kathy Jimison RO WQ//828-296-4500/ 10• .6; 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 NCG550530 111 12, 12/10/23 j 17 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) This is a single family facility. We met with Mr. Brandon McPherson. He discussed what he knew of the system and had a general idea of the location of the septic tank and sand filter. The yard showed no signs of puddling or other forms of failure. Two people are currently living at the residence. Upon investigation of this system, we could not locate the effluent pipe. However, visual observation of the stream showed no apparent impact to the receiving waters. Page# 2 Permit: NCG550530 Owner-Facility: 355 Buckeye Cove Road ,,ection Date: 10/23/2012 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ fl fl rl Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge o Q ■ n Judge, and other that are applicable? Comment: Single family facility. The yard showed no signs of puddling or other forms of failure. Two people living at the residence. Page# 3 41 e YIF a Mj a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 30, 2012 Mr. Zachary Platek, General Manager Grandfather Golf and Country Club Post Office Box 368 Linville, NC 28646 SUBJECT: Moratorium Waiver Request/Fast-Track Application GGCC Utility, Inc. Beach Improvements Project Wastewater Collection System Extension Avery County Dear Mr. Platek: This letter is in response to your request to waive a moratorium placed on sewer line extensions for the subject utility. Your letter details a series of steps GGCC is planning to take in order to address inflow and infiltration (1/1) problems within its collection system. The letter notes that upon completion of the sewer system evaluations and forthcoming sewer rehabilitation projects, it is expected that the annual average flows will decrease. While the above information is very encouraging, it does not satisfy the terms of the Rule such that the moratorium can be lifted. The Rule is explicit in stating the required elements of an approvable engineering evaluation of future wastewater needs and what information must be submitted for review, especially if no expansion of the treatment plant is proposed. It is anticipated that submittal of the above-mentioned evaluations, including an 1/1 study report, accompanied by growth projections and the analysis of future wastewater treatment alternatives, should fully satisfy the terms of the Rule. The Division will gladly review those materials upon submittal and consider your request for lifting the moratorium. In your letter, you also requested consideration of a sewer project that would serve a community beach house. This project is anticipated to contribute an additional 3,800 GPD, during the limited time the facility is open, to the wastewater treatment plant. Per the terms of 15A NCAC 02T .0118, the Division may issue permits, on a case by case basis, to facilities exceeding the 80 percent loading rate if: 1) the additional flow will not cause the facility to exceed its permitted hydraulic capacity, 2) the facility is in compliance with all other permit limitations and requirements and 3) it is demonstrated that adequate progress is being made in developing the required engineering evaluations or plans and specifications. Following a review of the pertinent facts in this matter, I have found that the GGCC Utility has satisfied the criteria stated above. Therefore, based upon this finding and upon the recommendation of the staff of the Asheville Regional Office, I hereby grant GGCC Utility a SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 2090 U.S.Highway 70,Swannanoa, NC 28778rt One Phone:(828)296-4500 FAX:(828)299-7043 NOrthCarolina Natura!!u Zachary Platek October 30,2012 Page 2 of 2 waiver of the sewer line moratorium for the 3,800 GPD Beach Improvements sewer project. Please be advised that this waiver is for this specific sewer project and is not a lifting of the sewer moratorium. Any future issuance of sewer line permits will have to be approved in the same fashion until GGCC Utility has fully complied with the terms of15A NCAC 02T .0118. Furthermore, GGCC Utility is responsible for acquiring all necessary permits for the sewer projects before construction can proceed. Thank you for your cooperation in these matters. If you have any questions about this letter, please contact Jeff Menzel of the Water Quality Section staff of the Asheville Regional Office at (828) 296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection cc: Avery County Health Department Asheville Regional Office, Surface Water Protection R.J. Mozeley, PE; McGill Associates, PA Water Quality Central Files PERCS Files (efile) S:\SWP\Avery\Wastewater\Minors\GGCC Utility 23124\W00036189 Beach Improvements Project Waiver.1 0.23.12.docx ALT X_ *A Aija NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 30, 2012 Zachary Platek, General Manager Grandfather Golf and Country Club Post Office Box 368 Linville, NC 28646 Subject: Permit No. WQ0036189 Grandfather Golf and Country Club Beach Improvements Project Wastewater Collection System Extension Avery County Dear Mr. Platek: In accordance with your application received October 12, 2012, we are forwarding herewith Permit No. WQ0036189, dated October 30, 2012 to Grandfather Golf and Country Club Utilities 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 therefore incorporated therein by reference. 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 or any individual system-wide collection system permit issued to the Permittee. I hereby grant GGCC Utility a waiver of the sewer line moratorium for the 3,800 GPD Beach Improvements sewer project. Please be advised that this waiver is for this specific sewer project and is not a lifting of the sewer moratorium. Any future issuance of sewer line permits will have to be approved in the same fashion until GGCC Utility has fully complied with the terms of15A NCAC 02T .0118. 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. NoithCa.rotina SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICEau� �,1 Location:2090 U.S.Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500 FAX:828 29970434� Intemet:www.ncwateryualit_v.org GGCC Utility Inc. October 30, 2012 Pa 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 Grandfather Golf and Country Club Utilitiey for the construction and operation of approximately a 30— gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry as well as approximately 1,470 linear feet of 2-inch force main to serve as part of the Beach Improvements Project, and the discharge of 3,800 gallons per day of collected domestic wastewater into the GGCC's existing sewerage system, pursuant to the application received October 12, 2012 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 GGCC Wastewater Treatment Facility Permit NCO023124 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 Jeff Menzel at (828) �- 296-4500. ' SincerelyAn for Chake's Wakild, P.E., Director Division of Water Quality cc: Avery County Health Department Asheville Regional Office, Surface Water Protection R.J. Mozeley, PE, McGill Associates, PA Water Quality Central Files PERCS Files (efile) S:\SWP\Avery\Wastewater\Minors\GGCC Utility 23124\WQ0036189 GGCC Beach Improvements project.docx 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 2T .0300; 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 .0300. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0300: 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 WQ0036189, GGCC Utility INC Beach Improvements Project October 30,`� 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 .0300; 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 .0300; 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 -ERMIT NO WQ0036189 GGCC Utility INC Beach Improvements Project October 30, 2012 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 30th day of October, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles,, Wakild P.E., Director` Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0036189 3 .,ERMIT NO WQ0036189 GGCC Utility INC Beach Improvements Project October 30 2012 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the Grandfather Golf and Country Club Utility for the construction and operation of approximately a 30—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry as well as approximately 1,470 linear feet of 2-inch force main to serve as part of the Beach Improvements Project, and the discharge of 3,800 gallons per day of collected domestic wastewater into the GGCC'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. 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 .0300; 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 CHUCK CRANFORD SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 f 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. ,\ ;i ®4� �4DE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild;P.E. Governor Director Dee Freeman Secretary October 31,2012 Haywood County DWQ Project 20120831V.2 TIP No.U-4412 NCSR 1184(Howell Mill Road) Approval of 401 Water Quality Certification with Additional Conditions-Modification Dr. Gregory J.Thorpe,Ph.D.,Manager Project Development and Environmental Analysis Unit North Carolina Department of Transportation 1598 Mail Service center Webster Road Raleigh,North Carolina,27699 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below,for the following impacts in Raccoon Creek, Richland Creek and in two(2)unnamed tributaries of Richland Creek for the purpose of widening Howell Mill Road from US Highway 276 to US Highway 23 Business, in Haywood County: Stream Impacts in the French Broad River Basin Site Stream Streambank Permanent Temporary Total Stream Relocation Stabilization Fill in Impacts in Stream Impacts (linear ft) (linear ft) Perennial Perennial Impact Requiring Stream Stream (linear ft) Mitigation (linear ft) (linear ft) (linear ft) Site 1* 100 0 30 59 189 0 Site 2 0 17 90 .19 126 0 Site 3 0 7 19 17 43 0 Site 4 0 1 0 0 1 64 64 0 Total 100 1 24 139 1 159 422 0 Total Permanent Stream Impacts for Project: 263 lin..ft. Total Temporary Impacts: 159 linear ft. Wetland Impacts in the French Broad River Basin arian Site Fill Fill Excavation Mechanized Hand Area Total Wetland (ac) (temporary (ac) Clearing Clearing under Impact(ac) (ac) (ac) Bridge (ac) (ac) Site 1 0.01 0 0 0 0.00 0 0.01 Site 2 0.02 0 0 0 <0.01 0 <0.03 Site 3 0.04 0 0 0 0.02 0 0.06 Total 0.07 1 0 0 1 0 1 <0.03 0 <0.10 otal Wetland Impact for Project: <0.10 acres. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One1 Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarol na Phone:828-296-450M FAX:828-299-7043 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer U A Dr. Gregory Thorpe,Ph.D. October 31,2012 Page Two * Site 1- The existing culvert is 230 linear feet. The new double barrel box culvert will be 185 linear feet. The new relocated channel will be 240 linear feet. The project should be constructed in accordance with your application dated August 23, 2012 (received September 4, 2012)and additional information received September 24, 2012, October 9, 2012 and revised application received October 30, 2012, 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. 3886, 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 the DWQ and submit a new application. If the property is sold,the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h)(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Condition(s)of Certification: 1. 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 open waters and streams 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 ,regory Thorpe,Ph.D. .>tober.31,2012 Page Three 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. This project has the potential to impact trout waters or other aquatic species of concern. No construction activities shall begin until the NCWRC makes a determination regarding moratoria. Should the NCWRC determine that a moratorium is applicable,then the requirements of any moratorium shall be a condition of this 401 Certification. If NCDOT does not wish to honor the moratorium,then a written modification shall be requested. 6. NCDOT shall place no access fencing at the end of the mitigation site on Raccoon Creek to prevent damage to the mitigation site. 7. 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. 8. 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. 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 stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 10. Strict adherence to the most recent version of NCDOT's Best Management Practices for Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 11. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,vegetated buffers,etc.)before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 13. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 14. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated,and disposed of properly. 15. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 16. All bridge construction shall be performed from the existing bridge,temporary work bridges,temporary causeways, or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. 17. 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. 18. 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. 19. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 20. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. Dr. Gregory Thorpe,Ph.D. October 31, 2012 Page Four 21. 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. 22. 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. 23. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 24.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 25. 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. 26. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this certification. 27. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 28. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 29. 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. 30. The outside buffer,wetland or water boundary located within the construction.corridor approved by this authorizatig7' shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within tht� fencing are prohibited unless otherwise authorized by this certification. 31. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards(including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification. 32. 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. 33. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 34. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the Certification. Unless such demands are made,this Certification shall be final and binding. Jregory Thorpe,Ph.D. Bober 31, 2012 Page Five 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, Charles Wakild,P.E., irector Division of Water Quality Attachments cc: Lori Beckwith, USACE,Asheville Field Office Mark Davis,Division 14,DEO Ed Ingle, Roadside Environmental Marla Chambers,NCWRC Transportation Permitting Unit Asheville Regional Office i ` 12-0831V.2(Thorpe)TIP U-4412 Howell Mill Road ��\ �,, �J �\L.