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
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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
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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
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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-
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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
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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
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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
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• 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
\ �
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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
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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
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for Charles-Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0036170
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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
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, 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___
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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
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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
-,,;
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_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.
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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
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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.
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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
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.�../.�.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
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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
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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.
,\
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�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
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