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HomeMy WebLinkAboutDWR Read File Archive Nov. 2016 P - 1911 "I� 130Ial Rt "kEJE gga�yy'' FBd�"r Certified Mail # 7014 0510 0000 4466 4194 Return Receipt Requested November 1, 2016 Frederick Tygart Wolf Laurel Property Owners Association 91 Village Ln Mars Hill, NC 28754 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-MV-0127 Permit No. NCO082716 Wolf Laurel POA WWTP Madison County Dear Permittee: :view of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Flow, in conduit or thru treatment 6/4/2016 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 6/5/2016 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 6/11/2016 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 6/12/2016 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 6/18/2016 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 6/19/2016 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 6/25/2016 Continuous Frequency Violation plant(50050) i001 Effluent Flow, in conduit or thru treatment 6/26/2016 Continuous Frequency Violation plant(50050) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. 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)business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). 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 should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled"Electronic Reporting Requirements"dated March 31 2016 concerning -- registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/`admin/bog/­ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James&James Environmental/ ORC i G:\WR\LVQ\Madison\Vlastev4ater\Minors\English Wolf Inn(Wolf Laurel Inn)82716\NOV-NOT-2016-MV-0127.rtf PAT M.CCROR.Y DONALD R. VAN DER. VAART :• E+Et1Y2LClTY Waterkesourcei S. JAY Z.IM.MER.MAN ENVIRONMENTAL OUslL1TY November 1, 2016 CERITFIED MAIL RETURN RECEIPT REQUEST 70151520000354631254 Mr. Harry Sideris Senior Vice President Environment, Health, and Safety Duke Energy 526 South Church Street Mail Code EC3XP Charlotte, NC 28202 Re: Rogers Energy Complex (Cliffside Steam Station) NPDES Permit No. NC0005088— Rutherford and Cleveland Counties Request for Additional Information and Engineering Study Area of Wetness (AOW) Seep S-4 Dear Mr. Sideris: On July 25, 2016, the Division of Water Resources (DWR) received Duke's response to our letter of July 6, 2016, requesting additional information on Area of Wetness (AOW) 4. DWR reviewed Duke's submittal and determined that the information and documentation submitted is insufficient based upon our initial request.Therefore, DWR is requesting additional information regarding AOW-4 to address remaining questions and evaluate any necessary actions that may be warranted. The DWR letter specifically requested the submittal of"any engineering studies complete to-date" but only water quality analytical data on AOW-4 and the Broad River was included as an attachment with your submittal. Duke's submittal referenced a geophysical survey, geotechnical borings, piezometer installation, etc., but did not include any actual results of this testing. The submittal was largely a narrative instead of an engineering analysis that provides substantive findings and conclusions supported by documentation of the tests referenced. Lastly, DWR has learned that an exploratory effort was performed in December 2015 that may have included a pipeline camera survey which was not referenced in Duke's submittal. To address the aforementioned concerns, DWR is requesting submittal of an engineering analysis of AOW-4. The submittal is to be sealed by a North Carolina Professional Engineer and include, but not be limited to, the following: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa NC 28778 828,296,4500 Rogers Energy Complex Page 2 of 2 1. All historic and current plans regarding the evaluation of AOW-4; Duke's submittal references "historic drawings" that would be helpful in understanding the design of `✓ AOW-4. Additionally, it is not clear from Duke's submittal that the historic drawings have been verified to actually represent AOW-4; 2. All results, field data (e.g., field notes) and interpretations of all testing performed on AOW-4 to include any supporting documentation (e.g., maps of piezometers, piezometer data, water quality sample results, etc.); 3. Specific engineering recommendations with supporting narrative, calculations, and plans as necessary; Duke's submittal references future plans for a "stone overlay to reinforce the weighted reverse filter..." but without plans and supporting documents, this approach cannot be evaluated; 4. Results of the stability analysis sealed by a North Carolina Professional Engineer and to include supporting data, calculations, etc.; and, 5. Engineered recommendations supported by results of the various tests for AOW-4. Please submit a response to this request within 30 days of receipt. If you have any questions, please do not hesitate to contact Landon Davidson at 828-296-4680. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Asheville Water Quality Regional Operations - Cc: WQROS—ARO WQROS—Central Files DEMLR—MRO—Zahid Kahn(email) PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 1, 2016 Mark Armstrong 109 Churchill Downs Dr. Fairview,NC 28730 SUBJECT: Compliance Evaluation Inspection 109 Churchill Downs Drive Permit No: NCG550445 Buncombe County Dear Mr. Armstrong: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on 10/31/2016. The facility appeared to be in compliance with permit NCG550445. Please refer to the enclosed inspection report for observations and comments. If you have any questions, 17lease call me at 828-296-4658. Sincerely, Daniel J Boss Environmental Specialist Asheville Regional Office Enclosed:Inspection Report cc:MSC 1617-Central Files-Basement Asheville Files a:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\550445 Mark Armstrong\10-31-2016 visit\lnsp.cover letter CEI 10-31-2016.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 Permit: NCG550445 Owner-Facility: 109 Churchill Downs Drive Inspection Date: 10/31/2016 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ Is sample collected below all treatment units? ® ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ® ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency, sampling type ❑ ■ ❑ ❑ representative)? Comment: Sampling and testing was performed for Fecal Coliform and Chlorine by Environmental, Inc. Sampling and testing still needs to be performed for BOD and Total Suspended Solids. Page# 4 44 Certified Mail # 7014 0510 0000 4466 4200 Return Receipt Requested November 1, 2016 D Marche Pittman Polk County PO Box 308 Columbus, NC 28722-0308 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0600 Permit No. NC0004464 Woodland Mills WWTP Polk County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 7/31/2016 30 32.02 Monthly Average Exceeded Concentration (CO530) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. It was also noted that the Compliance reference on the back of the eDMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the violation. State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 M-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely,' G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WR\WQ\Polk\Wastewater\Minors\Woodland Mills 04464\NOV-2016-LV-0600.rtf P' [ `,� Certified Mail # 7014 0510 0000 4466 4217 Return Receipt Requested November 1, 2016 Larry Lehning Adams Apple Homeowners Association Inc 1208 Kelty Ct Cary, NC 27511 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LM-0064 Permit No. NCO042358 Adams Apple Condominiums WWTP Avery County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter _ Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 7/26/2016 400 3,900 Daily Maximum Exceeded 44.5 C(31616) Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Temperature, Water Deg. 7/2/2016 5 X week Frequency Violation Centigrade (00010) State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31, 2016, concerning ; registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly ` Discharge Monitoring Reports (DMRsj Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal,ncdenr.org/web/wq/admin/bog/ipu/edmr. Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regiona upervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File WQ Lab &Operations/ ORC G:\WR\VVQ\Avery\Wastewater\Minors`v�dams Apple Condo 42358\NOV-2016-LM-0064.rtf Certified Mail # 7014 0510 0000 4466 4224 Return Receipt Reguested November 2, 2016 Martin J. Lashua Transylvania Utilities Inc PO Box 240908 Charlotte, NC 28224-0908 BJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0603 Permit No..NCO088943 Connestee Falls WWTP #2 Transylvania County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 6/29/2016 400 552 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70'Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500: , Sincerely, G. Landon-Davidson, P.G., Regional"Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit Enforcement File David Medling/ ORC G:\WR\,WQ\Transylvania\.Wastewater\Minors\Connestee Fails 24295\NC0088943 WVM#2\N0V-2016-LV-060.3.rtf : PAT MCCRORY 0. w3. Governor e DONALD R. VAN DER VAART Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 3, 2016 Craig Autry Linville Resorts Inc PO Box 99 Linville,NC 28646 SUBJECT: Compliance Evaluation Inspection Linville Resorts WWTP Permit No: NCO039446 Avery County Dear Mr. Autry: Enclosed please find a copies of the inspection reports from the inspection conducted on October 19, 2016. 'Present during the inspection were Scott Vasgaard (ORC) and Mikal Willmer and Dan Boss with the Division of Water Resources. The Linville Resorts WWTP facility and collection system requirements were evaluated. The WWTP appeared to be in compliance with permit NC0039446. However, there are items noted in both reports that need your attention. Please refer to the enclosed inspection reports for detailed observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional office Enc. WWTP Inspection Report CS Inspection Report 15A NCAC 02T.0403 cc: Scott Vasgaard,ORC(e-copy) MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Avery\Wastewater\Minors\Linville Resorts 39446\10-19-2016 site visit\CEI.10-19-2016.Ltr.docx State of North Carolina, Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PC$) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2_ 15 I 3 I NCO039446 I11 12 16/10/19 17 18 I( I 19 1 S I 20I I 21111111 11111111111111 IIII I I11111 -�11111111111 f Inspection Work Days Facility Self-Monitoring Evaluation.Rating B1 CIA ----------------Reserved------------ 671 70 71 [tyl I 72 73�74 751 1 1 1 I 1 1 180 Section.B:Facility Data 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) 01:OOPM 16/10/19 15/02/01 Linville Resorts WWTP 11 Linville Ave Exit Time/Date Permit Expiration Date Linville NC 28646 03:30PM 16/10/19 20/01/31 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 - Contacted Craig Autry,PO Box 99 Linville NC 28646//828-733-8655/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ■ Flow Measurement Operations&Maintenance ®Records/Reports ® Self-Monitoring Program ■ Facility Site Review ■ Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggsj' ARO WQ//828-296-4500 Ext.4653/ Signature of Man ment Q A Reviewer Agency/Office/Phone and Fax Numbers Date i �4 CQ j EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 1 31 NCO039446 I11 12 16/10/19 17 18 (( � Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Present during the inspection were Linda Wiggs(inspector), Dan Boss, Mikal Willmer with DWR and the ORC Scott Vasgaard. Emergency/after-hours notification signage needs to be placed on the WWTP gate. The bar screen component is a confined space and a potential safety hazard for the ORC. Proper confined entry procedure should take place. An extended handle on the bar screen rake should be considered for use and safety of the ORC. Influent Pump Station:The audible alarm worked but the visual alarm did not.The ORC stated he would check/replace the bulb.There is no remote alert for this system; again the importance of the signage noted above. Only two of the pumps in the Equalization Basin were operable; the ORC stated the third pump is in need of repair and is on order. Aeration Basins: Two diffusers need repairing. The chlorine contact chamber had—1'-1.5`of sludge build up according to DWR sludge judge reading. The next time the pumper truck is onsite these solids should be removed. Clarifier Sludge Judge readings obtained by DWR were: - Clarifier 1-—11.5'water depth, —9' solids present, mostly suspended. J Clarifier 2-—14'water depth, —11' solids present, mostly suspended. Clarifier 3-—14'water depth, —11' solids present, mostly suspended. Linville Resorts needs to hire a pumper truck to manage solids (and grease), as needed at the ORC's recommendations. A Fecal.Coliform sample was obtained.The result was 56 col/100ml. Collection System: Linville Resorts, Inc. collection system is regulated under permits WQ0011843, WQ0017219, WQ0017405,WQ0028960 and 15A NCAC 2T.0403. Page# 2 Permit: NCO039446 Owner-Facility: Linville Resorts yWVTP Inspection Date: 10/19/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ® ❑ El Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Process Control is not performed by ORC; visual observations are used. See summary for DWR analysis performed during the inspection. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ® ❑ Is access to the plant site restricted to the general public? . ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ Is all required information readily available,complete and current? ❑ ❑ ❑ ■ Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ❑ ❑ ■ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Is the chain-of-custody complete? ❑ ❑ ❑ e Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator ❑ ❑ ❑ on each shift? Is the ORC visitation log available and current? ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ ❑ -' Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ Page# 3 Permit: NCO039446 Owner-Facility: Linville Resorts WWTP Inspection Date: 10/19/2016 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ® ❑ Comment: Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? N ❑ ❑ ❑ Is the wet well free of excessive grease? ® ❑ ❑ ❑ Are all pumps present? ® ❑ ❑ ❑ Are all pumps operable? ■ ❑ ❑ ❑ Are float controls operable? ® ❑ ❑ ❑ Is SCADA telemetry available and operational? ❑ ❑ ® ❑ Is audible and visual alarm available and operational? ❑ ® ❑ ❑ Comment: The audible alarm worked but not the visual alarm. The ORC stated he would check/replace the bulb. A moderate amount of grease was observed. Notification signage needs to be hung on the gate at the WVVfP. Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? ❑ ❑ ❑ Is the screen free of excessive debris? ❑ ❑ ❑ Is disposal of screening in compliance? 0 ❑ ❑ ❑ Is the unit in good condition? N ❑ ❑ ❑ Comment: This is a confined space. It is a potential safety hazard for the ORC. Equalization Basins Yes No NA NE Is the basin aerated? 0 ❑ ❑ ❑ Is the basin free of bypass lines or structures to the natural environment? M ❑ ❑ ❑ Is the basin free of excessive grease? N ❑ ❑ ❑ Are all pumps present? ❑ ❑ ❑ Are all pumps operable? ❑ 0 ❑ ❑ Are float controls operable? ❑ ❑ ❑ Are audible and visual alarms operable? 0 ❑ ❑ ❑ Page# 4 Permit: NCO039446 Owner-Facility: Linville Resorts VVWTP Inspection Date: 10/19/2016 Inspection Type: Compliance Evaluation Equalization Basins Yes No NA NE #Is basin size/volume adequate? ® ❑ ❑ ❑ Comment: Two of the pumps were operable; the ORC stated the third pump is in need of repair and is on order. There was a moderate amount of grease present. Aeration Basins Yes No NA NE Mode of operation Type of aeration system Diffused Is the basin free of dead spots? ® ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ® ❑ ❑ Are the diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? 0 ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ %- Comment: Two diffusers were not working. The ORC maintains air constantly. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ® ❑ ❑ ❑ Are weirs level? ❑ ❑ ❑ Is the site free of weir blockage? ❑ ❑ ❑ N Is the site free of evidence of short-circuiting? ❑ . ❑ ❑ ■ Is scum removal adequate? ® ❑ ❑ ❑ Is the site free of excessive floating sludge? . ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ N ❑ Is the return rate acceptable(low turbulence)? ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ❑ 0 ❑ ❑ Comment: The ORC stated he does not waste/return solids on any schedule or process control just by visual observation. There was a moderate amount of solids/pin floc present in overflow. Blanket levels were measured by DWR sludge fudge. See summary_ Page# 5 ------------- Permit: NCO039446 Owner-Facility: Linville Resorts WWTP Inspection Date: 10/19/2016 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 0 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ M ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ ■ Comment: The tablets chlorinators are not used; ORC states there is a contact issue. Tablets are dispersed in the troughs. The chlorine contact chamber had 1'-1.5'of sludge build up according to DWR sludge judge reading. De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ ■ ❑ #Is de-chlorination substance stored away from chlorine containers? ® ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ M ❑ Are tablet de-chlorinators operational? ❑ ❑ e ❑ Number of tubes in use? Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? O ❑ ❑ ❑ Is flow meter calibrated annually? 0 ❑ ❑ ❑ Is the flow meter operational? ❑ ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ❑ ❑ ❑ Comment: Calibrated in July 2016. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 ❑ ❑ ❑ Is sample collected below all treatment units? ❑ 0 ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? 0 ❑ ❑ ❑ Page# 6 Permit: NCO039446 Owner-Facility: Linville Resorts UNNTP Inspection Date: 10/19/2016 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency, sampling type ® ❑ ❑ representative)? Comment: Sampling is taking place between the chlorination system and the de-chlorination system. It is unclear what the sample volume/aliquot is since an aliquot was not obtained however, the sampler indicated 80 mi. A minimum of 100 ml is required. Part II Section A. -Composite Sampling is required as defined. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Inspector could not seethe stream bottom: the river was extremely turbid due to stream work upstream. However, no foam was noted. A Fecal Coliform sample was obtained. See summary. Page# 7 Compliance Inspection Report Permit: WQ0011843 Effective: 03/04/96 Expiration: Owner: Linville Resorts Inc SOC: Effective: Expiration: Facility: Linville Resorts Inc-Ave Dev County:Avery Region: Asheville Contact Person: Bentley Parlier Title: Phone: 704-733-4311 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 10/19/2016 Entry Time: 01:OOPM Exit Time: 03:OOPM Primary Inspector: Linda S Wiggsl-,--" Phone: 828-296-4500 Ext.4653 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation. Permit Inspection Type: Gravity Sewer Extension,Pump Stations,&Pressure Sewer Extensions Facility Status: ❑ Compliant Not Compliant Question Areas: Miscellaneous Questions ® Misc (See attachment summary) _i Page: 1 Permit: WQ0011843 Owner-Facility:Linville Resorts Inc Inspection Date: 10/19/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: Met with Scott Vasgaard(VWVFP ORC). He was given the 2T rules applicable to collection systems<200,000 GPD. 15A NCAC 02T.0403: (a)(1)No discharge to land or surface waters has been reported.There was no documentation(10)for maintenance and operation presented. (a)(2)A partial map was presented. (a)(3)An O&M plan for the pump station(PS)was not presented. (a)(4)Scott Vasgaard has a log with date and time of pump station visits and he stated he visits them daily. (a)(5)A list of high priority lines was not presented. (a)(6)Scott Vasgaard stated Linville Resorts maintenance staff does a general observation of the collection system; i.e.pop manholes etc. (a)(7)No overflows or bypasses have been reported in the last year. (a)(8)Scott Vasgaard stated grease education is done annually.Twice a year is required. (a)(9)Right-of-ways and easements were not evaluated or discussed. (a)(10)Other than the PS visits and partial map, no required documentation was presented. i Page: 2 Permit: WQ0011843 Owner-Facility:Linville Resorts Inc Inspection Date: 10/19/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine MisC Yes No NA NE Is the facility compliant? F1 ® ❑ ❑ Comment: Documentation required was not available. See summary. Page: 3 15A NCAC 02T.0403 PERMITTING BY REGULATION (a) Collection systems having an actual, permitted or Division approved average daily flow less than 200,000 gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets the criteria in Rule.0113 of this Subchapter and all specific criteria required in this Rule: (1) The sewer system is effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. (2)A map of the sewer system has been developed and is actively maintained. (3) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. (4)Pump stations that are not connected to a telemetry system(i.e.,remote alarm system) are inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system are inspected at least once per week. (5)High-priority sewers are inspected by the permittee or its representative at least once every six-months and inspections are documented. (6) A general observation by the permittee or its representative of the entire sewer system is conducted at least once per year. (7)Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a),and public notice is provided as required by G.S. 143-215.1C. (8)A Grease Control Program is in place as follows: (A) For publicly owned collection systems, the Grease Control Program shall include at least bi- annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. (B) For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. (C) Grease education materials shall be distributed more often than required in Parts (A) and(B) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. (9) Right-of-ways and easements are maintained in the full easement width for personnel and equipment accessibility. (10) Documentation shall be kept for Subparagraphs (a)(1)through (a)(9) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. (b) Private collection systems on a single property serving an industrial facility where the domestic wastewater contribution is less than 200,000 gallons per day shall be deemed permitted. (c) The Director may determine that a collection system should not be deemed to be permitted in accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. W-W Certified Mail # 7014 0510 0000 4466 4231 Return Receipt Requested November 4, 2016 D Marche Pittman Polk County PO Box 308 Columbus, NC 28722-0308 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0119 - Permit No. NC0004464 Woodland Mills WWTP Polk County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Chlorine,Total Residual (50060) 6/18/2016 2 X week Frequency Violation Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional. Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WR\WQ\Polk\Wasteevater\Minors\VVoodiand Mills 04464\NOV-2016-MV-0119.rtf PAT MQPRQ.RY ea G7k9E'R`iLar D`ONAL]) �. ��� � DERNAART > rr�' Certified Mail #7015 1520 0003 5463 1193 Return Receipt Requested November 4, 2016 Jimmy J Davenport 6884 Tusquittee Rd Hayesville, NC 28904 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-PC-0565 Permit No. NCG550427 6884 Tusquittee Road Clay County gar Permittee: The North Carolina Division of Water Resources conducted a Compliance Evaluation Inspection of the Single Family Residence (SFR) wastewater treatment system located at 6884 Tusquittee Road on October 21, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550427. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation Inspection was conducted by Division of Water Resources staff from the Asheville Regional Office (ARO). The following deficiencies were noted during the inspection: Inspection Area Description of Deficiencies Effluent Sampling Annual sampling records were not available at the time of the inspection. [NCG550000 Part 1. A. Effluent Limitations and Monitoring Requirements(see table in NCG550000 permit)] Septic Tank Septic tank maintenance records were not available at the time of the inspection. Unable to locate the septic tank. [NCG550000 Part I. A. 3. Permit Conditions (Operations& Maintenance) Septic tanks shall be inspected at least yearly to determine if solids must be removed or if other maintenance is necessary.Septic tanks shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment.] Effluent Pipe Unable to locate the effluent pipe. [NCG550000 Part I. A. 4. (Operations& Maintenance)All system components, including but not necessarily limited to, septic tanks,surface sand filters, other filter components, pump/recirculation tanks, disinfection units and the outfalls shall be maintained at all times and in good operating order.] Corrective Measures for the deficiencies noted above: Effluent Sampling: Sample or document no discharge and submit to ARO. Septic Tank: Provide receipt of septic tank pumping and/or maintenance records to ARO. Effluent Pipe: Locate effluent pipe and additional treatment units and submit a sketch of the layout to ARO. Remedial actions should have already been taken to correct these problems and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office.within 30 days upon receipt of this Notice regarding your plans or measures to be taken to address the indicated deficiencies and compliance issues. A Name/Ownership Change form is attached should you wish to sell the property in the future. If you should have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Name/Ownership Change Form Cc: WQS Asheville Regional Office- Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File G:\WR\WQ\Clay\Wastewater\General\NCG55 SFR\NCG550427 Davenport\Inspect. October 21, 2016\NOD-2016-PC-0565.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires s-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES - yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 NCG550427 I11 12 16/10/2, 117 18 1 19 1 s I 201 Lfi 211111111 11111111111IIIIIII I I I I I I I I1111111iII 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -Reserved 67 70 l_1 71 L1 72 _N 73 75I I I I I I I 80 Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:10PM 16/10l21 13/08/01 6884 Tusquittee Road 6884 Tusquittee Rd Exit Time/Date Permit Expiration Date Hayesville NC 28904 01:30PM 16/10/21 18/07/31 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 Jimmy J Davenport,6884 Tusquittee Rd Hayesville NC 28904HB28-389-8051/ Contacted No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance ■ Self-Monitoring Program N 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 Mikal Willmar ARO WQH828-296-4686/ Signature of an ment Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 ev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (Cont.) 1 31 NCG550427 (11 12 16/10/21 J 17 18ICI Section'D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mikal Willmer with the Asheville Regional Office (ARO)conducted a Compliance Evaluation Inspection of the Single Family Residence (SFR)wastewater treatment system located at 6884 Tusquittee Rd on October 21, 2016.The inspector was unable to contact and meet onsite with the current owner, Jimmy Davenport. Contact information on file appears to be invalid. The facility appeared to be vacant.The inspector was unable to locate the treatment units during the onsite inspection. Treatment units should be located and access maintained at all times. Septic tank maintenance and annual sampling records were unavailable at the time of the inspection. Page# 2 Permit: NCG550427 Owner-Facility: 6884 Tusquittee Road Inspection Date: 10/21/2016 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ■ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: In general the land surrounding the building was clear. This system only consists of a septic tank, subsurface sand filter trench and effluent pipe. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ❑ ❑ 0 ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Unable to contact and meet onsite with the current owner, Jimmy Davenport. Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? ❑ ❑ M ❑ Is septic tank pumped on a schedule? ❑ 0 ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ 0 ❑ Are high and low water alarms operating properly? ❑ ❑ ■ ❑ Comment: Septic tank maintenance records were not available at the time of the inspection. Unable to locate the septic tank and area of sand filter trench. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ■ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Unable to locate the effluent pipe for this facility. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ❑ Is sample collected below all treatment units? ❑ ❑ ! ❑ Is proper volume collected? ❑ ❑ MEI Is the tubing clean? ❑ ❑ M ❑ Page# 3 Permit: NCG550427 Owner-Facility: 6884 Tusquittee Road Inspection Date: 10/21/2016 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ® ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency;sampling type ❑ ❑ ❑ representative)? Comment: Annual sampling records were not available at the time of the inspection. Page# 4 F. T.' CC 4RY Dire m Certified Mail #7015 1520 0003 5463 1186 Return Receipt Requested November 4, 2016 Jeanne Heitmeyer 10200 Wadesboro Rd Tallahassee, FL 32317 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-PC-0564 Permit No. NCG551434 Fires Creek Road site Clay County /' 4ar Permittee: The North Carolina Division of Water Resources conducted a Compliance Evaluation Inspection of the Single Family Residence (SFR) wastewater treatment facility located at 3651 Fires Creek Rd on October 21, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit=No. NCG551434. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office (ARO). The following deficiencies were noted during the inspection: Inspection Area Description of Deficiencies Effluent Sampling Annual sampling records were not available at the time of the inspection. [NCG550000 Part I. A. Effluent Limitations and Monitoring Requirements(see table in NCG550000 permit)] Septic Tank Septic tank maintenance records were not available at the time of the inspection. [NCG550000 Part I.A. 3. Permit Conditions(Operations&Maintenance)Septic tanks shall be inspected at least yearly to determine if solids must be removed or if other maintenance is necessary. Septic tanks shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment.] Corrective Measures for the deficiencies noted above: Effluent Sampling: Sample or document no discharge and submit to ARO. Septic Tank: Provide receipt of septic tank pumping and/or maintenance records to ARO. In addition, the issues below must also be addressed: Compliance Issue: It was noted during the inspection that dechlorination tablets were in use, however, the tablets had crumbled and the tubes were filled to the top. The dechlorination tubes should be cleaned out and restocked with fresh tablets. Remedial actions should have already been taken to correct these problems and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon receipt of this Notice regarding your plans or measures to be taken to address the indicated deficiencies and compliance issues. A Name/Ownership Change form is attached should you wish to sell the property in the future. If you should have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. �J Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Name/Ownership Change Form Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File G:\WR\WQ\Clay\Wastewater\General\NCG55 SFR\NCG551434 Heitmeyer\Inspect October 21, 2016\NOD-2016-PC-0564.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type IN I 2 IF I 3 I NCG551434 111 12 16/10/2, J17 18 If,1 191 S I 20H 2111111111111111111IIIIIIIIIIIIIIIIIIII�� l � � � f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating- B1 CA Reserved — 67 70I_J il I 71 I l I 72 I N I 731 I 174 751 I I I I I 1 180 t Section B:Facility Data LJ I I 1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 12:15PM 16/10/21 13/08/01 Fires Creek Road site Exit Time/Date Permit Expiration Date 3651 Fires Creek Rd p Hayesville NC 28904 12:40PM 16/10/21 18/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data H/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Jeanne Heitmeyer,10200 Wadesboro Rd Tallahassee FL 32317N No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit ® Operations&Maintenance ■ Self-Monitoring Program N 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 Mikal Willmer ARO WQH828-296-4686/ 4--1 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 (Cont.) 1 31 NCG551434 I11 12 16/10/21 17 18 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Mikal Willmer with the Asheville Regional Office conducted a Compliance Evaluation Inspection of the Single Family Residence (SFR)wastewater facility located at 3651 Fires Creek Rd on October 21, 2016.The inspector was unable to contact and meet onsite with the current owner, Jeanne Heitmeyer. Contact information should be updated with the Division of Water Resources. The property was well maintained and all treatment units were accessible. Septic tank maintenance and annual sampling records were unavailable at the time of the inspection. Dechlorination tablets were in use, but current tablets had crumbled and the tubes were packed full.The dechlorination tubes should be cleaned out and restocked. It should be noted this appears to be a second home and/or vacation rental.The system was not discharging at the time of the inspection. Page# 2 Permit: NCG551434 Owner-Facility: Fires Creek Road site Inspection Date: 10/21/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ■ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The property was well maintained and all treatment units were accessible. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ® ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ■ ❑ Is the inspector granted access to all areas for inspection?' ® ❑ ❑ ❑ Comment: Fees are paid to date and property is well maintained. Contact information on file is not valid. Unable to contact and meet onsite with current owners. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: Step aeration down bank before reaching the river. The system was not discharging at the time of the inspection. Effluent pipe appeared dry. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ❑ Is sample collected below all treatment units? ❑ ❑ 0 ❑ Is proper volume collected? ❑ ❑ M ❑ Is the tubing clean? ❑ ❑ 0 ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ 0 ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ❑ 0 ❑ ❑ representative)? Comment: Annual sampling records were not available at the time of the inspection. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ ❑ Page# 3 Permit: NCG551434 Owner-Facility: Fires Creek Road site Inspection Date: 10/21/2016 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: Septic Tank Yes No NA NE (if pumps are used)Is an audible and visual alarm operational? ■ ❑ ❑ ❑ Is septic tank pumped on a schedule? ❑ ■ ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ ❑ Are high and low water alarms operating properly? ❑ ❑ ❑ ■ Comment: Septic tank maintenance records were not available at the time of the inspection. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ■ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ M ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ 0 ❑ Are the tablets the proper size and type? 0 ❑ ❑ ❑ Comment: Dechlorination tablets appeared to be in use, however, the tablets had crumbled and the tubes were filled to the top.The dechlorination tubes should be cleaned out and restocked with fresh tablets. Are tablet de-chlorinators operational? ® ❑ ❑ ❑ Number of tubes in use? 2 Comment: Flow was not present within the dechlorination chamber. Page# 4 PAT MCCRORY Governor �µ DONALD R. VAN DER VAART Secretary , S. JAY ZIMMERMAN Water Resources Director ENVIRONMENTAL QUALITY November 4, 2016 Tracy Tallent Macon County Schools 1202 Old Murphy Rd. Franklin,NC 28734 SUBJECT: Compliance Evaluation Inspection Nantahala School Permit No: NCO067318 Macon County Dear Mr. Tallent: On October 24, 2016 Dan Boss and I conducted a Compliance Evaluation Inspection of the NPDES Discharge Permit that serves the Nantahala School. Based on records reviewed, on-site evaluation and interviews with staff, the system was determined to be in compliance with Permit NC0067318. The system and its components appear to be well maintained and operated. The assistance of Michael Ladd (ORC) in conducting the inspections was greatly appreciated. Please refer to the enclosed inspection report for additional observations and comments. If there are questions or additional information is needed,please feel free to contact me at 828-296-4500. Sincerely, Mikal Willmer Environmental Specialist Enclosed:Inspection Report cc: MSC 1617-Central Files-Basement Asheville Files Michael Ladd,ORC G:\WR\WQ\Macon\Wastewater\Minors\Nantahala School 67318\Inspect.October 24,2016\CEI letter 10-24-16.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 6-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I ? I5 j 3 NC0067318 I11 12 16/10/24 17 181,,1 191 G 1 20I I Lfj 2111111II I11111I11IIIII ( IIII ( IIIII11IIII1 ! iI1 �6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -Reserved — 67 7OI I 71 I ' 72 � �, � 73I 1 174 751 1 1 1 1 1 I �80 L_I Section B:Facility DataL� t 1 Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:55AM 16/10/24 12/12/01 Nantahala School NCSR 1412 Exit Time/Date Permit Expiration Date Topton INC 28781 10:25AM 16/10/24 17/11/30 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael J.Ladd/ORC/828-360-6401/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Chris Baldwin,PO Box 1029 Franklin NC 287341029//828-524-3314/8285245938 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Flow Measurement ® Operations&Maintenance Records/Reports Self-Monitoring Program ■ Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Daniel J Boss ARO WQ/828-296-4658/ Mikal Willmer ARO WQ//828-296-4686/ L_Z2? It 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.) 1 31 NCO067318 (11 12� 16/10/24 17 181,. u Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Inspectors Mikal Willmer and Dan Boss with the Asheville Regional Office(ARO)conducted a Compliance Evaluation Inspection of the Nantahala School's wastewater treatment system on October 24, 2016.Tracy Tallent with Macon County Schools and Michael Ladd (ORC)were present and assisted in the inspection. Mr. Boss suggested the addition of an alarm for the 2000 gallon EQ basin may be beneficial in instances of excess flow. Overall the plant appeared to be well operated and maintained and in compliance with all permit conditions. Records reviewed before the inspection showed sampling was in compliance with current permit limits. The Nantahala School is currently not registered for eDMR. Inspectors reminded Mr.Tallent eDMR registration is required by December 21, 2016. Mikal Willmer emailed Mr.Tallent information about the process for registering and using the eDMR system. Page# 2 Permit: NCO067318 Owner-Facility: Nantahala School Inspection Date: 10/24/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ® ❑ ❑ ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Regularly analyze mixed liquors and monitor DO. Mixed liquors can range from 1500 to 3500 mg/L. Settleability is generally 25 to 40%. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? M ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ Is all required information readily available,complete and current? ❑ ❑ ❑ Are all records maintained for 3 years(lab.reg. required 5 years)? ❑ ❑ ❑ 0 Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Is the chain-of-custody complete? ❑ ❑ ❑ M Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete:do they include all permit parameters? 0 ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWO? ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ M on each shift? Is the ORC visitation log available and current? M ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? M ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? M ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Page# 3 Permit: NC0067318 Owner-Facility: Nantahala School Inspection Date: 1 0124/2 01 6 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Comment: Mr.Tallent keeps a copy of the permit and all files in the maintenance office.There is currently no enclosed building within the treatment plant fence, however,the school offices are nearby. Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ❑ ❑ ❑ Is the unit in good condition? ® ❑ ❑ ❑ Comment: Debris from bar screen is disposed within a trash bin located inside the fence of the treatment plant.A grinder pump is also utilized before aeration to reduce solids.Additional solids are settled out in the polishing tank. Equalization Basins Yes No NA NE Is the basin aerated? ❑ ❑ E ❑ Is the basin free of bypass lines or structures to the natural environment? 0 0 ❑ ❑ Is the basin free of excessive grease? ■ ❑ ❑ ❑ Are all pumps present? ❑ ❑ E ❑ Are all pumps operable? ❑ ❑ 0 ❑ Are float controls operable? ❑ ❑ N ❑ Are audible and visual alarms operable? ❑ ❑ ® ❑ #Is basin size/volume adequate? 0 ❑ ❑ ❑ Comment: The EQ basin gravity feeds into the aeration basin. Currently there are no pumps or alarms present. Inspector Dan Boss suggested considering alarms for incoming flow. The plant only has one aeration basin for treatment. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? 0 ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ 0 ❑ -' Page# 4 Permit: NCO067318 Owner-Facility: Nantahala School Inspection Date: 10/24/2016 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Are the diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? ® ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ® ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: The plant was not in operation during the inspection Solids were just recently Dumped. Michael Ladd (ORC)stated aeration automatically turns on every 15 minutes at night and every 30 minutes during the d_y. Solids are pumped about every two months. Sand Filters (Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? ■ ❑ ❑ ❑ Is the distribution box level and watertight? ■ ❑ ❑ ❑ Is sand filter free of ponding? 0 ❑ ❑ ❑ Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ❑ #Is the sand filter surface free of algae or excessive vegetation? 0 ❑ ❑ ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ❑ i Comment: Pumps and alarms were tested during the inspection. Mr. Ladd manually raised floats to show pumps and alarms were working. Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? ❑ ❑ ❑ Is flow meter calibrated annually? ❑ ❑ N ❑ Is the flow meter operational? ❑ ❑ ■ ❑ (If units are separated)Does the chart recorder match the flow meter? ❑ ❑ M ❑ Comment: The flow measurements are based on water meter readings for the school. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? N ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ M ❑ Comment: The effluent pipe was accessible and well maintained. Plant discharges about 18 times a day. \` Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ■ ❑ Page# 5 Permit: NCO067318 Owner-Facility: Nantahala School Inspection Date: 10/24/2016 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE ` Is sample collected below all treatment units? ® ❑ Is proper volume collected? ® ❑ ❑ ❑ Is the tubing clean? ❑ ❑ 0 ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ ® ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type ® ❑ ❑ ❑ representative)? Comment: Permit requires grab samples. Standby Power Yes No NA NE Is automatically activated standby power available? ❑ ❑ ❑ Is the generator tested by interrupting primary power source? ■ ❑ ❑ ❑ Is the generator tested under load? ❑ ❑ ❑ Was generator tested&operational during the inspection? ❑ 0 ❑ ❑ Do the generator(s)have adequate capacity to operate the entire wastewater site? M ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? 0 ❑ ❑ ❑ Is the generator fuel level monitored? 0 ❑ ❑ ❑ `- Comment: The generator is exercised and checked weekly by school maintenance. Page# 6 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Water Resources Director ENVIRONMENTAL QUALITY November 4, 2016 Casey Cothron Tennessee Valley Authority 1101 Market St. Chattanooga, TN 37402 SUBJECT: Compliance Evaluation Inspection Chatuge Hydro Plant Permit No: NCO027332 Clay County Dear Ms. Cothron: On October 21, 2016 I conducted a Compliance Evaluation Inspection of the NPDES Discharge Permit that serves the TVA Chatuge Hydro facility. Based on records reviewed, on-site evaluation and interviews with staff, the system was determined to be in compliance with Permit NC0027332. The system and its components appear to be well maintained and operated. The assistance of Steve Williams in conducting the inspections was greatly appreciated. Please refer to the enclosed inspection report for additional observations and comments. If there are questions or additional information is needed, please feel free to contact me at 828-296-4500. Sincerely, Mikal Willmer Environmental Specialist Enclosure:Inspection Report cc: MSC 1617-Central Files-Basement WQ Asheville Files G:\WR\WQ\Clay\Wastewater\Industrial\Chatuge Hydro Plant 27332\Inspect.October 21,2016\CEI letter 10-21-16.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A:National Data System Coding(i.e.,PCS) Tran��saction Code NPDES yr/mo/day Inspection Type Inspector Fac Type ��1 L 1 2 l=1 3 NCO027332 I11 12 16/10/21I17 181,,1. 19 I c I 201 'I Ld 21111111 111111111 II I II 1111 1111111 1111111 II I I f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CIA -Reserved — 671 j 70 I I 71 L ( 72 1 �, 1 731 I (74 751 11 1 1 j j80 L—I Section B:Facility Data _1 I I 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) 09:30AM 16/10/21 13/05/01 Chatuge Hydro Plant Chatuge Dam Rd Exit Time/Date Permit Expiration Date Hayesville NC 28904 11:20AM 16/10/21 17/08/31 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 Stephen C Williams, /Environmental Scientist/423-876-4176/ No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Self-Monitoring Program ■ Pollution Prevention 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 Mikal Willmar ARO WQ//828-296-4686/ 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.) 1 31 NCO027332 I11 12 16/10/21 17 18 ICI Section D:Summary of Finding/Comments`(Attach additional sheets of narrative and checklists as necessary) Mikal Wilmer with the Asheville Regional Office conducted a Compliance Evaluation Inspection of the Chatuge Hydro Facility on October 21, 2016. Steve Williams with TVA was present for the inspection. Staff use checklists to maintain consistency during weekly site visits.The facility was well maintained and appeared to be in compliance with all permit requirements. Mr.Williams mentioned pumps 1 and 2 may share an outfail. Please verify number of pumps and outfalls during the upcoming permit renewal. Page# 2 Permit: NCO027332 Owner-Facility: Chatuge Hydro Plant Inspection Date: 10/21/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable ❑ ❑ ® ❑ Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Facility was well maintained. Staff visit site weekly and go through preventative maintenance checklist: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ■ ❑ application? Is the facility as described in the permit? ® ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ® ❑ ❑ Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: Chatuge has BMPs in place to monitor oil &grease. Oil and water separators are part of - weekly maintenance. Oily waste is hauled quarterly. Booms are changed out regularly. High water alarms are used in sumps. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? M ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Facility was not discharging at the time of the inspection. Page# 3 Pr R, yyy� yiq�!}x. 4Yi Certified Mail # 7014 0510 0000 4466 4248 Return Receipt Requested November 7, 2016 Gregory Taveras, Manager, Operations The Quartz Corp USA 8342 S 226 Bypass PO Box 309 Spruce Pine; NC 28777 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0605 Permit No. NC0000400 Quartz Corp/ Pine Mountain Mitchell County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent pH (00400) 7/1/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/2/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/3/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/4/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/5/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/7/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/8/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/9/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/10/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/11/2016 6 0 Daily Minimum Not Reached State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation O,01 Effluent pH (00400) 7/13/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/14/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/15/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/16/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/17/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/18/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/20/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/21/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/22/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/23/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/24/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/25/2016 6 0` Daily Minimum Not Reached 001 Effluent pH (00400) 7/27/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (004001) 7/28/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/29/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/30/2016 6 0 Daily Minimum Not Reached 001 Effluent pH (00400) 7/31/2016 6 0 Daily Minimum Not Reached It was also noted that "zeros" had been entered in all blank spaces of the Effluent and Upstream/Downstream pages. This eDMR will need to be amended and resent with two signed copies to Raleigh and one copy to this office. Please also call this office to discuss the pH values. Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Mitchell\Vlastewater\Industrial\K-T Feldspar 00400\N0V-2016-LV-0605.rtf PAT MCCRORY + Governor a.ap DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY Z.IMMERMAN Director November 7, 2016 Alvin Hutchison 26 Hoyt Road Arden,NC 28704 RE: Sample Location Address:26 Hoyt Road Buncombe County Dear Mr.Hutchison, Please find attached the analytical results for water samples collected on August 24,2016 and September 1, 2016 (hexavalent chromium),from the water supply well at the address referenced above. Samples were collected from the hose bib on the lower level of your house since the spigot on the well head was not operational. Samples were collected to help understand groundwater quality in your area and to evaluate the quality of your drinking supply, Your drinking water was analyzed for total and dissolved chloride,sulfate,and various metals. Fecal coliform bacteria and total coliform bacteria also were analyzed. All constituents were analyzed at detection limits low enough to allow a comparison to the applicable N.C.groundwater standards. All sampled constituents were below the standards. If you have any questions or concerns,please contact me at(828) 296-4683 or at ted.campbell@ncdenr.gov. Sincerely, iv-'L Ted Campbell Water Quality Regional Operations Asheville Regional Office Attachment: DWR laboratory analytical results Pace laboratory analytical results for Co,V,Tl,and Cr VI cc: ARO file Buncombe County Health Department wl attachments State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina28778 828-2964500 �s2002 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Loc.Descr.: 1C1126 HOYT,ARDEN,NC Sample ID: AC32002 County: BUNCOMBE Collector: T CAMPBELL VisitlD PO Number# P-gion: ARO Report To ARO Location ID: 1C1126 HOYT Date Received: 08/26/2016 Basin FRB Collect Date: 0 812 4/2 0 1 6 Priority ROUTINE Time Received: 08:30 Emergency Collect Time: 10_35 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT COC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9/28/16 Report Print Date: 1110 2/2 0 1 6 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by LAB Sample temperature at receipt by lab 1.2 °C 8/26/16 MSWIFT WET Bromide 0.4 0.4U mg/L EPA 300.0 rev2.1 8126/16 CGREEN Chloride 1.0 1.2 mg/L EPA 300.0 rev2.1 8/26/16 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/26116 CGREEN Sulfate 2.0 7.8 mg/L EPA 300.0 rev2.1 8/26/16 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA 200.8 Rev5.4 9/12116 ESTAFFORDI 7429-90-5 Al by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7440-36-0 Antimony by ICPIVIS 10 10 U . ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-38-2. As by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6116 ESTAFFORD1 ?a'Q 90-5 B by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/9/16 ESTAFFORD1 38-3 Ba by ICP 10 25 ug/L EPA 200.7 Rev4.4 9/8116 ESTAFFORDI 7440-41-7 Be by ICP 5.0 5.0 U ug/L EPA 200.7 Rev4.4 9/9/16 ESTAFFORDI 7440-70-2 Ca by ICP 0.10 14 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-43-9 Cd by ICPMS 0.50 0.60 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7440-48-4 Cobalt by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7440-47-3 Cr by ICPMS . 5.0 5.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-50-8 Cu by ICPMS 2.0 4.8 ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7439-89-6 Fe by ICP 50 5O U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA 245.1 Rev3 9/13116 ESTAFFORDI 7440-09-7 K by ICP 0.10 2.8 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-93-2 Li ICP 25 25 U ug/L _ EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-95-4 Mg by ICP 0.10 1.6 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-96-5 Mn by ICP 10 10 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-98-7 Mo by ICPMS 10 10 U ug/L EPA 200.8 Rev5A 9/6/16 ESTAFFORDI 7440-23-5 Na by ICP 0.10 6.2 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5A 9/6116 ESTAFFORDI 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-24-6 Sr by ICPMS 10 50 ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-28-0 Thallium (TI) ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI V by ICP 10 10 U ug/L EPA 200.7 Rev4A 9/8/16 ESTAFFORD1 Zn by ICPMS 10 10 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 ;3oos North Carolina Division of Water Resources Water Sciences Section Laboratory Results Loc.Descr.: 1C1126 HOYT,ARDEN,NC Sample ID: AC32003 County: BUNCOMBE Collector: T CAMPBELL VisitlD PO Number# P-ion: ARO Report To ARO Location ID: 1C1126 HOYT Date Received: 08/26/2016 Basin FRB Collect Date: 08/24/2016 Priority ROUTINE Time Received: 08:30 Emergency Collect Time: 10_36 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT COC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9/28/16 Report Print Date: 11/0 212 0 1 6 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by LAB Sample temperature at receipt by lab - 1.2 °C 8/26/16 MSWIFT MET 7440-22-4 Ag-Dissolved Silver by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 9/12/16 ESTAFFORDI 7429-90-5 Al-Dissolved Aluminum by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-38-2 As-Dissolved by ICPMS Arsenic 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-38-3 Ba-Dissolved Barium by ICP 10 25 ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-41-7 Be-Beryllium Dissolved by ICP 5.0 5.0 U ug/L EPA 200.7 Rev4.4 9/9/16 ESTAFFORDI 7440-70-2 Ca-Dissolved Calcium by ICP 0.10 14 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7440-43-9 Cd-Dissolved Cadmium by ICPMS 0.50 0.50 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 7440-48-4 Cobalt Dissolved by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-47-3 Cr-Dissolved Chromium by ICPMS 5.0 5.0 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 �50-8 Cu-Dissolved Copper by ICPMS 2.0 13 ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORDI 7­89-6 Fe-Dissolved Iron by ICP 50 50 U ug/L EPA 200.7 Rev4.4 . 9/8/16 ESTAFFORD1 7439-97-6 Hg 245A Dissolved 0.2 0.20 U ug/L EPA245.1 Rev3 9/13/16 ESTAFFORDI 7440-09-7 K-Dissolved Potassium by ICP 0.10 2.8 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-93-2 Li DISSOLVED ICP 25 25 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-95-4 Mg-Dissolved Magnesium by ICP 0.10 1.5 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-96-5 Mn Dissolved by ICP 10 10 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-98-7 Mo Dissolved by ICPMS 10 10 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-23-5 Na-Dissolved Sodium by ICP 0.10 6.1 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7440-02-0 Ni-Dissolved Nickel by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORDI 7439-92-1 Pb-Dissolved Lead by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-36-0 Sb Dissolved by ICPMS 10 10 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 7782-49-2 Se-Dissolved Selenium by ICPMS 1.0 1.0 U ug/L EPA200.8 Rev5.4 9/6/16 ESTAFFORD1 Sr Dissolved by ICPMS 10 50 ug/L EPA200.8 Rev5.4 9/6116 ESTAFFORDI 7440-28-0 Thallium(TI) Dissolved by ICPMS 2.0 2.0 U ug/L EPA200.8 Rev5.4 916/16 ESTAFFORDI 7440-62-2 V Dissolved by ICP 10 ' 10 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7440-66-6 Zn-Dissolved Zinc by ICPMS 10 13 ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 i" WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 Lo2-2 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Loc.Descr.: 1C11 26 HOYT RD,ARDEN,NC Sample ID: AC32022 County: BUNCOMBE Collector: T CAMPBELL VisitlD PO Number# ARO P--pion: ARO Report To ARO Location ID: 1C1126HOYT Date Received: 08124/2016 Basin FRB Collect Date: 08/24/2016 Priority ROUTINE Time Received: 14_20 Emergency Collect Time: 10_35 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 COC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9126/16 Report Print Date: 11/02/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method. Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by ARO Alkallnity4.5 1.0 37 mg/L as CaCO3 APHA2320B-20th 8/29/16 ESTAFFORD1 Alkallnity8.3 1.0 1 U mg/LasCaCO3 APHA2320B-20th 8/29/16 ESTAFFORDI Bicarbonate 1.0 37 mg/L as CaCO3 APHA2320B-20th 8129116 ESTAFFORD1 Carbonate 1.0 1 U mg/L as CaCO3 APHA2320B-20th 8/29/16 ESTAFFORD1 pH Alkalinity 7.6 mg/L as CaCO3 APHA2320B-20th 8/29/16 ESTAFFORD1 Coliform, MF Fecal in liquid 1 1 132 CFU/100ml APHA9222D-20th 8/24/16 ESTAFFORD1 Collform, MF Total in liquid 1 1 B2 CFU/100ml APHA9222B-20th 8/24/16 ESTAFFORD1 Sample temperature at receipt by lab 4.0 oC 8/24/16 RBYRD Total Dissolved Solids in liquid 12 94 mg/L APHA2540C-18TH 8/30/16 ESTAFFORD1 Turbidity 1 1 U NTU APHA2130B-20th 8/26/16 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 Pace Analytical Services,Inc. 9800f Suite c�f U� rcr 'a Huntesvlle,NC28078oV www.pacetabzcom (704)875-9092 ANALYTICAL RESULTS Project: HOYT&SUMMER Pace Project No.: 92310971 Sample: 101126 HOYT Lab 1D: 92310971001 Collected: 09/01/16 17:25 Received: 09/02/16 08:38 Matrix:Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual Hexavalent Chromium by IC Analytical Method:EPA 218.7 Chromium,Hexavalent ND ug/L 0.030 1 09/07/16 18:34 18540-29-9 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:09/08/2016 02:32 PM without the written consent of Pace Analytical Services,Inc.. Page 5 of 13 Pace Analytical Services,Inc. �}/�}} ((: 9800 Kincey Ave. Suite 100 t.a1r6HIVIX Cal Huntersville,NC 28078 www.pace/abs.Gum (704)875-9092 ANALYTICAL RESULTS Project: HOYT&SUMMER Pace Project No.: 92310971 Sample: 101126 HOYT-DIS Lab ID: 92310971002 Collected: 09/01/16 17:25 Received: 09/02/16 08:38 Matrix:Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual Hexavalent Chromium by IC Analytical Method:EPA218.7 Chromium,Hexavalent ND ug/L 0.030 1 09/07/16 18:47 18540-29-9 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:09/08/2016 02:32 PM without the written consent of Pace Analytical Services,Inc.. Page 6 of 13 Pace Analytical Services,Inc. ( f 9800 Kincey Ave. Suite 100 fAceAna1XIca1 Huntersville,NC 28078 wwwpaeetabscom (704)875-9092 ANALYTICAL RESULTS Project: GLIMMER&HOYT Pace Project No.: 92310180 Sample: 1C1126 HOYT Lab ID: 92310180002 Collected: 08/24/16 10:35 Received: 08/24/16 13:45 Matrix:Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qua] 200.8 MET ICPMS Analytical Method:EPA 200.8 Rev 5A Preparation Method:EPA 200:8 Rev 5.4 Cobalt ND ug/L 0.10 1 08/25/16 18:15 08/26/1611:30 7440-48-4 Thallium ND ug/L 0A0 1 08/25/16 18:15 08/26/1611:30 7440-28-0 . Vanadium ND ug/L 0.30 1 08/25/16 18:15 08/26/1611:30 7440-62-2 200.8 MET ICPMS,Dissolved Analytical Method:EPA 200.8 Rev 5.4 Preparation Method:EPA 200.8 Rev 5.4 Cobalt,Dissolved ND ug/L 0.10 1 08/25/16 18:15 08/26/16 11:53 7440-48-4 Thallium,Dissolved ND ug/L 0.10 1 08/25/16 18:15 08/26/16 11:53 7440-28-0 Vanadium,Dissolved ND ug/L 0.30 1 08/25/16 18:15 08/26/16 11:53 7440-62-2 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/31/2016 04:43 PM without the written consent of Pace Analytical Services,Inc.. Page 7 of 13 PAT MCCRORY Governor DONALD R. VAN DER VAART Ao- Secretary Water Resources ENVIRONMENTeLOVA4lTr S. JAY ZIMMERMAN Director November 8, 2016 Wally Brown 213 Sumner Drive Arden,NC 28704 RE: Sample Location Address:213 Sumner Drive Buncombe County Dear Mr.Brown, Please find attached the analytical results for water samples collected on August 24,2016 and September 1,2016 (hexavalent chromium),from the well head at your water supply well at the address referenced above. Samples were collected to help understand groundwater quality in your area and to evaluate the quality of your drinking water supply. Your drinking water was analyzed for total and dissolved chloride,sulfate,and various metals. Fecal coliform bacteria and total coliform bacteria also were analyzed. All constituents were analyzed at detection limits low enough to allow a comparison to applicable groundwater standards. The following table summarizes the analytical results. Please note that the bolded values indicate levels above the N.C. Groundwater Standard, 15A NCAC 02L.0202.The results are shown in units of micrograms per liter of water(ug/1). USEPA Maximum NC Groundwater Standard Concentration Detected in Analytes Contaminate Level Your Drinking Water Concentration Units Concentration Units Concentration Units Iron u 1 300 u 1 560 u 1 Total iron was present at 560 ug/L which is somewhat above the North Carolina groundwater standard of 300 ug/L. The attached Private Well Information and Use Recommendations prepared by the N.C.Department of Health and Human Services notes that your water can be used for drinking,cooking,washing,cleaning,bathing,and showering based on the inorganic chemical results only,but aesthetic problems such as bad taste,odor,staining of porcelain,etc.may occur. Iron is a common naturally occurring constituent in well water in western North Carolina and its presence at this concentration,in the absence of other indicator constituents,does not indicate or suggest an anthropogenic contaminant source. State of North Carolina(Environmental Quality I Water Resources 2090 U.S.Hwy.70,Swannanoa,North Carolina 28778 828-296-4500 James Kanti October 19,2016 Page 2 of 2 If you have any questions or concerns,please contact me at(828) 296-4683 or at ted.campbell@ncdenr.gov. Sincerely, Ted Campbell Water Quality Regional Operations Asheville Regional Office Attachment: DWR laboratory analytical results Pace laboratory analytical results for Co,V,Tl,and Cr VI DHHS Private Well Information and Use Recommendations cc: ARO file ' Buncombe County Health Department w/attachments 2 -004 North Carolina Division of Water Resources Water Sciences Section Laboratory Results s- .o.Descr.: 1C11213 SUMMER,ARDEN,NC Sample ID: AC32004 i-junty: BUNCOMBE Collector: TCAMPBELL VisitlD PO Number# P-ion: ARO Report To ARO Location ID: 1C11213 SUMMER Date Received: 08/26/2016 Basin FRB Collect Date: 08/24/2016 Priority ROUTINE Time Received: 08:30 Emergency Collect Time: 11:50 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT COC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9128/16 Report Print Date: 11/02/2016 Final Report If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by LAB Sample temperature at receipt by lab 1.2 °C 8/26/16 MSWIFT WET Bromide 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/26/16 CGREEN Chloride 1.0 1.0 U mg/L EPA 300.0 rev2.1 8/25116 CGREEN Fluoride 0.4 0.4 U mg/L EPA 300.0 rev2.1 8/26/16 CGREEN Sulfate 2.0 7.2 mg/L EPA 300.0 rev2.1 8/26/16 CGREEN MET 7440-22-4 Ag by ICPMS 1.0 1.0 U ug/L EPA 200.8 Rev5.4 9/12/16 ESTAFFORD1 7429-90-5 Al by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8116 ESTAFFORD1 7440-36-0 Antimony by ICPMS 10 10 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-38-2 AS by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI T' 90-5 B by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/9/16 ESTAFFORDI /' -38-3 Ba by ICP 10 37 ug/L EPA 200.7 Rev4.4 9/8116 ESTAFFORDI 7440-41-7 Be by ICP 5.0 5.0 U ug/L EPA 200.7 Rev4.4 9/9/16 ESTAFFORDI 7440-70-2 Ca by ICP 0.10 6.3 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-43-9 Cd by ICPMS 0.50 0.50 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7440-48-4 Cobalt by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7440-47-3 Cr by ICPMS 5.0 5.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-50-8 Cu by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7439-89-6 Fe by ICP 50 560 ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-97-6 Hg 245.1 0.2 0.20 U ug/L EPA245.1 Rev3 9/13/16 ESTAFFORD1 7440-09-7 K by ICP 0.10 2.6 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-93-2 Li ICP 25 25 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-95-4 Mg by ICP 0.10 1.7 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-96-5 Mn by ICP 10 18 ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-98-7 Mo by ICPMS 10 10 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-23-5 Na by ICP 0.10 5,8 mg/L EPA 200.7 Rev4.4 9/8116 ESTAFFORDI 7440-02-0 Ni by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 916/16 ESTAFFORDI 7439-92-1 Pb by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7782-49-2 Se by ICPMS 1.0 1.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-24-6 Sr by ICPMS 10 48 ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-28-0 Thallium (TI) ICPMS 2.0 2.0 U ug/L EPA 200.8Rev5.4 9/6/16 ESTAFFORDI 7,` `2-2 V by ICP 10 10 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 744.=66-6 Zn by ICPMS 10 10 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 .005 North Carolina Division of Water Resources Water Sciences Section Laboratory Results c.Descr.: 1C11213 SUMMER,ARDEN,NC Sample ID: AC32006 County: BUNCOMBE Collector: TCAMPBELL VisitlD PO Number# P-ion: ARO Report To ARO Location ID: 1C11213 SUMMER Date Received: 08/26/2016 Basin FRB Collect Date: 08/24/2016 Priority ROUTINE Time Received: 08:30 Emergency Collect Time: 11_50 Sample Matrix: GROUNDWATER Labworks LoginlD MSWIFT COC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method NC Courier Final Report Date: 9/28116 Report Print Date: 11/02/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS# Analyte Name PQL Qualifier Units Reference Date Validated by LAB Sample temperature at receipt by lab 1.2 °C 8/26/16 MSWIFT MET 7440-22-4 Ag-Dissolved Silver by ICPMS 1.0 1.0 U ug/L EPA 200.8 Rev5.4 9/12/16 ESTAFFORDI 7429-90-5 Al-Dissolved Aluminum by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7440-38-2 As-Dissolved by ICPMS Arsenic 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-38-3 Ba-Dissolved Barium by ICP 10 37 ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-41-7 Be-Beryllium Dissolved by ICP 5.0 5.0 U ug/L EPA 200.7 Rev4.4 919/16 ESTAFFORD1 7440-70-2 Ca-Dissolved Calcium by ICP 0.10 6.3 mg/L EPA 200.7 Rev4A 9/8/16 ESTAFFORDI 7440-43-9 Cd-Dissolved Cadmium by ICPMS 0.50 0.50 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-48-4 Cobalt Dissolved by ICP 50 50 U ug/L EPA 2007 Rev4.4 918/16 ESTAFFORD1 7440-47-3 Cr-Dissolved Chromium by ICPMS 5.0 5.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7''-'50-8 Cu-Dissolved Copper by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7,_.'89-6 Fe-Dissolved Iron by ICP 50 50 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-97-6 Hg 245.1 Dissolved 0.2 0.20 U ug/L EPA 245.1 Rev3 9/13/16 ESTAFFORD1 7440-09-7 K-Dissolved Potassium by ICP 0.10 2.6 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-93-2 Li DISSOLVED ICP 25 25 U ug/L EPA 200.7 Rev4.4 918/16 ESTAFFORDI 7439-95-4 Mg-Dissolved Magnesium by ICP 0.10 1.7 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7439-96-5 Mn Dissolved by ICP 10 18 ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORDI 7439-98-7 Mo Dissolved by ICPMS 10 10 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-23-5 Na-Dissolved Sodium by ICP 0.10 5,8 mg/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-02-0 Ni-Dissolved Nickel by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORD1 7439-92-1 Pb-Dissolved Lead by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 916/16 ESTAFFORDI 7440-36-0 Sb Dissolved by ICPMS 10 10 U ug/L EPA 200.8 Rev5A 9/6/16 ESTAFFORDI 7782-49-2 Se-Dissolved Selenium by ICPMS 1.0 1.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI Sr Dissolved by ICPMS 10 48 ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-28-0 Thallium(TI)Dissolved by ICPMS 2.0 2.0 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI 7440-62-2 V Dissolved by ICP 10 10 U ug/L EPA 200.7 Rev4.4 9/8/16 ESTAFFORD1 7440-66-6 Zn-Dissolved Zinc by ICPMS 10 10 U ug/L EPA 200.8 Rev5.4 9/6/16 ESTAFFORDI WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL Page 1 of 1 -0Z3 North Carolina Division of Water Resources Water Sciences Section Laboratory Results ac.Descr.: 1C11 213 SUMNER,ARDEN Sample ID: AC32023 County: BUNCOMBE Collector: T CAMPBELL VisitlD PO Number# ARO P,-ion` ARO Report To ARO Location ID: 1C11213SUMNER Date Received: 0 8124/2 0 1 6 Basin FRB Collect Date: 08/24/2016 Priority ROUTINE Time Received: 14_20 Emergency Collect Time: 11_50 Sample Matrix: GROUNDWATER Labworks LoginlD KJIMISON2 COC Yes/No Sample Depth Loc.Type: Water Supply Delivery Method Hand delivered Final Report Date: 9126116 Report Print Date: 11/02/2016 Final Report If this report is labeled preliminary report,the results have not been validated. Do not use for Regulatory purposes. Result/ Units Method Analysis CAS# Analyte Name PQL Qualifier Reference Date Validated by ARO Alkallnity4.5 1.0 35 mg/LasCaCO3 APHA2320B-20th 8/29/16 ESTAFFORD1 Alkalinity8.3 1.0 1 U mg/L as CaCO3 APHA2320B-20th 8/29/16 ESTAFFORD1 Bicarbonate 1.0 35 mg/L as CaCO3 APHA2320B-20th 8/29/16 ESTAFFORD1 Carbonate 1.0 1 U mg/LasCaCO3 APHA2320B-20th 8/29/16 ESTAFFORD1 pH Alkalinity 7.7 mg/LasCaCO3 APHA2320B-20th 8/29116 ESTAFFORD1 Coliform, MF Fecal in liquid 1 1 B2 CFU/100ml APHA9222D-20th 8/24/16 ESTAFFORD1 Coliform, MF Total in liquid 1 1 B2 CFU/100m1 APHA9222B-20th 8/24/16 ESTAFFORD1 Sample temperature at receipt by lab 4.0 °C 8/24/16 RBYRD Total Dissolved Solids In liquid 12 74 mg/L APHA254OC-18TH 8/30/16 ESTAFFORD1 Turbidity 1 3.5 NTU APHA213oB-20th 8/26/16 ESTAFFORD1 WSS Chemistry Laboratory>>1623 Mail Service Center,Raleigh,NC 27699-1623 (919)733-3908 "Not Detected"or"U"does not indicate the sample is analyte tree but that the analyte is not detected at or above the PQL. Page 1 of 1 Pace Analytical Services,Inc. �Q� „ji 9800 KinceyAve. Suite 100 t� Cj/ j Huntersville,NC 28078 a www.pacetabs com (704)875-9092 ANALYTICAL RESULTS Project: HOYT&SUMMER Pace Project No.: 92310971 Sample:, 1011213 SUMMER-DIS Lab ID: 92310971004 Collected: 09/01/16 18:00 Received: 09/02/16 08:38 Matrix:Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. . Qual Hexavalent Chromium by IC Analytical Method:EPA 218.7 Chromium,Hexavalent ND ug/L 0.030 1 09/07/16 19:13 18540-29-9 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:09/08/2016 02:32 PM without the written consent of Pace Analytical Services,Inc.. Page 8 of 13 Pace Analytical Services,Inc. lace te 100 J(napica'� 9800Huntersvlle,NC Kincey Ave. 128078 www,pac$Mbs.com (704)875-9092 ANALYTICAL RESULTS Project: HOYT&SUMMER Pace Project No.: 92310971 Sample: 1011213 SUMMER Lab ID: 92310971003 Collected: 09/01/16 18:00 Received: 09/02/16 08:38 Matrix:Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual Hexavalent Chromium by IC Analytical Method:EPA 218.7 Chromium,Hexavalent ND ug/L 0.030 1 09/07/16 19:00 18540-29-9 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:09/08/2016 02:32 PM without the written consent of Pace Analytical Services,Inc.. Page 7 of 13 Pace Analytical Services,Inc. �/7 t t 9800 Kincey Ave. Suite 100 ,{ j�� ` Huntersville,NC 28078 www.pacelakscom; (704)875-9092 ANALYTICAL RESULTS Project: GLIMMER&HOYT Pace Project No.: 92310180 Sample: 1C11213 GUMMER Lab ID: 92310180001 Collected: 08/24/16 11:50 Received: 08/24/16 13:45 Matrix:Water Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual 200.8 MET ICPMS Analytical Method:EPA 200.8 Rev 5.4 Preparation Method:EPA 200.8 Rev 5.4, Cobalt ND ug/L 0.10 1 08/25/16 18:15 08/2611611:12 7440-48-4 Thallium ND ug/L 0.10 1 08/25/16 18:15 08/26/1611:12 7440-28-0 Vanadium ND ug/L 0.30 1 08/25/16 18:15 08/26/1611:12 7440-62-2 200.8 MET ICPMS,Dissolved Analytical Method:EPA 200.8 Rev 5.4 Preparation Method:EPA 200.8 Rev 5.4 Cobalt,Dissolved ND ug/L 0.10 1 08/25/16 18:15 08/26/16 11:43 7440-48-4 Thallium,Dissolved ND ug/L 0.10 1 08/25/16 18:15 08/26/16 11:43 7440-28-0 Vanadium,Dissolved ND ug/L 0.30 1 08/25/16 18:15 08/26/16 11:43 7440-62-2 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:08/31/2016 04:43 PM without the written consent of Pace Analytical Services,Inc.. Page 6 of 13 i Private Well Information a h�� �saw� s and Use Recommendations of h¢aittt and For Inorganic Chemical Contaminants County: wico Nance: 1 1�13 �Jr.► . ✓2' Sample!D#:I A 3 2 Reviewed CKont t-� TEST RESULTS AND USE RECOMMENDATIONS 1.❑Your wel l water meets federal drinking water standards for inorganic chemicals. Your water can be used for drinking,cooking,washing,cleaning,bathing,and showering based on the ino�Blended results only.You may have other water sampling results that are not taken into account in this report. 2.❑The following substance(s)exceeded federal drinking water standards or the North Carolina 2L calculated health levels,The North Carolina Division of Public Health recommends that your well water not be used for drinking and cooking,unless you install a water treatment system to remove the circled substance(s). However,it may be used for washing,cleaning,bathing and showering based on the inorganic cltentical results only. ----- 'arsenic Bsrium Cadtnium Chromium Copper Fluoride Lead Iron ;vlan anese Mercu Nitrate/Nitrite Selenium Silver Magnesium Zinc H _ JEE3 3.❑a.Sodium levels exceed the U.S.Environmental Protection Agency's(USEPA)Health Advisory level for sodium of 20 mg/l. The North Carolina Division of Public Health recommends that only individuals on no or low sodium restricted diets not use this water for drinking or cooking. It may be used for washing,cleaning,bathing,and showering based on the Inorganic results only. ❑ b. Levels over 30 mg/1 may pose aesthetic problems such as bad taste,odor,staining of porcelain,etc. 4.❑ Re-sampling is recommended in months, S.[]Re-sample for lead and/or copper. Take a first draw,5 minute,and 15 minute sample inside the house(preferably the kitchen)and if possible a first draw, 5 minute and a 15 minute sample at the well head to determine the source of the lead and/or copper. 6. dThe following substance(s)exceeded federal drinking water standards. Your water can be used for drinking, cooking,washing,cleaning,bathing,and showering based on the inorganic chemical results on& but aesthetic problems such as bad taste,odor,staining of porcelain,etc.may occur. You may want to install a household water treatment system to'address aesthetic problems. Barium Cadmium Chromium Fluoride_ on_.j ' _+Ma esiutn Manganese] nium Sele Silver H Zinc 'or more information regarding your well water resu/ls,please call the iVorth Carolina divislon of ftthlic HeaUh at 919-707-S900. PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterRe;;ources ENVIROWENTRL QUALITY - S. JAY ZIMMERMAN Director November 1.0,2016 DWR# 16-1058 Burke County Greg &Terry Norell 1377 Old Dry Creek Rd. Morganton,NC 28655 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Norell 1377 Old Dry Creek Road Dear Mr. and Mrs.Norell: You have.our approval for the impacts listed below for the purpose described in your application dated October 25, 2016,and received by the Division of Water Resources(Division) on ___ November 7, 2016.These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control,Non-Discharge,Water Supply Watershed, and Trout Buffer regulations, This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification,General Permit, and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(01 Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0046 (acres) 0.0046 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and State of North Carolina I Environmental Quality I Water Resources' 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Norell 1377 Old Dry Creek Road DWR#16-1058 401 Approval Page 2 of 3 General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The proposed project must comply with the Burke County local riparian buffer ordinance approved by the Division of Water Resources under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b). 4. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAR Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one(1).copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 Nore111377 Old Dry Creek Road DWR# 16-1058 401 Approval Page 3 of 3 This letter completes the review by the Division under section 401 of the.Clean Water Act as described in 15ANCAC 02H.0500. Please contact.Kevin Mitchell at 828-296-4650 or Kevin.mitchellgnedenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: Carissa Parker—Bennick Enterprises LLC (via email) William Elliott—USACE Asheville Regulatory Field Office(via email) Wade Harmon—Duke Energy(via email) Andrea Leslie—NCWRC (via email) Peter Minter—Burke County(via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Burke\401sWon-DOT\Norell 1377 Old Dry Creek Road\APRVL.Norell 1377 Old Dry Creek Rd.11.10.16.docx PAT MCCRORY L. Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Water Resources ENVIRONMENTAL QUALITY 'Director November 14, 2016 ' Town of Valdese Christopher Bortnick, Lab/Pretreatment Director PO Box 339 Valdese,NC 28690 Subject: Pretreatment Annual Report Review Valdese-Lake Rhodhiss NPDES #:NCO041696 Burke County Dear Mr. Bortnick: The Asheville Regional Office of the Division of Water Resources has reviewed the Pretreatment Annual Report(PAR)covering January through December 2015. This PAR was received on March 31, 2016 in the Asheville Regional Office. 'Our review indicates that the PAR is in good order and satisfies the requirements of 15A NCAC 2H .0908(b) and the Comprehensive Guidance for North Carolina Pretreatment Programs. The next PAR will be due March 1,2017. Thank you for your continued support of the Pretreatment Program. If you have any questions,please contact me at(828) 296-4500 (linda.wiggsgncderingov)or Sarah Bass at(919) 807-6310(Sarah.Bass@ncdenr.gov) or Monti Hassan, at(919) 807-6383 (Monti.Hassan@ncdenr.gov). Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office cc: ARO Files MSC 1617-Central Files-Basement Sarah Bass,PERCS Unit G:\WR\WQ\Burke\Wastewater\Municipal\Valdese WWTP 41696\Pretreatment\PARreview2015.LTR.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 828 296 4500 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 15, 2016 DWR# 11-0870-V2 Jackson County Larry J. Fox 1238 S. Orange Avenue Sarasota,FL 34239 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Fox Lots 6 & 7 - Lake Glenville Dear Mr.Fox: In accordance with your application dated August 30, 2016, and received by the Division of Water Resources (Division) on September 31 2016, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s)or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project,including those required by(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0I79 (acres) 0.0179 (acres) State of North Carolina I Environmental Quality I Water Resources 2090 US Hwy 70 Swannanoa,North Carolina 28778 828 296 4500 Fox Lots 6& 7 Page 2 ADDITIONAL CONDITIONS L This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15ANCAC 02H .0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at fall pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)] This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. Fox Lots 6 & 7 Page i A petition form may be obtained from the OAH at http://www.neoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One(1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or tim.fox@ncdenr.gov if you have any questions or concerns. Sincerely, Zan rice P.E. Assistant Regional Supervisor g p Water.Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion Fox Lots 6 & 7 Page 4 cc: DWR ARO 401 files cc: Bob Martin—The Seawall Co./Bobs Docks (via email) Kevin Holland—Duke Energy(via email) David Brown-USACE Asheville Regulatory Field Office (via email) Andrea Leslie NCWRC (via email) Stan Aiken—DEMLR(via email) DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Jackson\401s\Non-DOT\Larry Fox Lots 6&7 Lake Glenville\APRVL.401LarryFox-Lots 6&7 11-15-2016.docx PAT MCCRORY R Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY - Director November 15,2016 DWR# 16-1053 Jackson County Richard Cole 9150 South Dadeland Blvd. Suite 1400 Miami, FL 33156 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Cole 67 Blue Gill Ln- Lake Glenville Dear Mr. Cole: In accordance with your application dated October 21,2016, and received by the Division of Water Resources (Division)on October 31, 2016, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by(but not limited to)Erosion and Sediment Control,Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification,General Permit and/or Buffer Rules are meta No other impacts are approved,including incidental impacts. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0057 (acres) 0.0229 (acres) State of North Carolina I Environmental Quality I Water Resources 2090 US Hwy 701 Swannanoa,North Carolina 28778 828 296 4500 Cole—67 Blue Gil]. Ln Page 2 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water/land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c)] 3. Replant or allow the re-establishment of native vegetation in areas within the project boundary where it has been removed per Exhibit 1 of the Duke Shoreline Management Guidelines. 4. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and(c)(2)] This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. Cole—67 Blue Gill.LJn. Page 3 A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 43 t-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or tim.foxCncdenr.gov if you have any questions or concerns. Sincerely, ZJ rice, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion Cole—67 Blue Gill. Ln Page 4 cc: DWR ARO 401 files ec: Hubert Bryson—Bryson Trucking (via email) Kevin Holland-Duke Energy (via email) David Brown USACE Asheville Regulatory Field Office (via email) Andrea Leslie-NCWRC (via email) Stan Aiken DEMLR(via email) DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Jackson\401s\Non-DOT\Cole 67 Blue Gill LN-Lake Glenville\APRVL.401Cole-67-Blue Gill Ln 11-15-2016.docx A. EmAdmikkk PAT MCCRORY Governor s DONALD R. VAN DER VAART Secretary WaterReSolurceS ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director November 15, 2016 DWR# 16-1007 McDowell County McDowell County Attn: Ashley Wooten 60 East Court Street Marion,NC 28752 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Catawba River Bank Stabilization Project Dear Ms. Wooten: - You have our approval for the impacts listed below for the purpose described in your application dated October 17, 2016,and received by the Division of Water Resources (Division) on October 20, 2016. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact Impact S 1 180 (linear feet) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Catawba River Bank Stabilization Project DWR# 16-1007 401 Approval Page 2 of 4 ` and you may be required to submit a new application package with the appropriate fee.' If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission(NCWRC) comment letter dated November 9, 2016 (attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] 4. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)] 5. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and(c)(3) and 15A NCAC 02B .0211(12)] 6. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permittee/contractor shall immediately contact the Division of Water Resources,between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil J Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A] 7. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 8. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and(b)(3)] 9. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 10. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the Catawba River Bank Stabilization Project DWR# 16-1007 401 Approval Page 3 of 4 construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc) Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or kevin.mitchellkncdenr.gov if you have any questions or concerns. Catawba River Bank Stabilization Project DWR# 16-1007 401 Approval Page 4 of 4 Sincerely, Zan Price, P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion NCWRC letter dated November 9,2016 cc: Andrew Bick—Wildlands Engineering, Inc. (via email) William Elliott—USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) Stan.Aiken—Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\McDowell\401s\Non-DOT\Catawba River Bank Stabilization\APRVL.401 Catawba River Bank Stabilization 11.15.2016.docx \', 5. - PAT MCCRORY Governor DONALD R. VAN DER VAART 1 Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 15, 2016 DWR# 16-1050 McDowell County James Kindley 401 Macedonia Road Asheville,NC 28804 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Kindley Sunset Pointe Lot 9 Dear Mr. Kindley: You have our approval for the impacts listed below for the purpose described in your application dated October 20,2016, and received by the Division of Water Resources (Division) on November 2, 2016,with additional information received on November 10,2016. These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit, and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0218 (acres) 0.0103 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and State of North Carolina I Environmental Quality}Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 828 296 4500 Lake James Development DWR#16-0716 401 APPROVAL Page 4 of 4 The petition may be faxed to the OAH at(919) 431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or kevin.mitchellgricderingov if you have any questions or concerns. Sincerely; an Price, P.E.,Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3890 & 3885 Certificate of Completion cc: William Elliott—USACE Asheville Regulatory Field Office (via email) Peter Minter—Burke County Community Development(via email) Andrea Leslie—NCWRC (via email) Stan Aiken—DEMLR(via email) Derek Goddard—BREC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Burke\401s\Non-DOT\Lake James-Waters Edge\APRVL.401.Lake James Development 11.16.2016.doex t'AT MOO,,", ., W, 1 Certified Mail#7014 0510 0000 4466 4255 Return Receipt Requested November 16, 2016 Mizpah Healthcare Inc 260 Center Way Dr Hendersonville,NC 28792 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 WW Permit No.NCO074110 Mizpah Healthcare Inc Mountain View Assisted Living WWTP Case No. LV-2016-0238 - Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$566.62($450.00 civil penalty+ $116.62 enforcement costs)against Mizpah Healthcare Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Mizpah Healthcare Inc for the month of July 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit NO.N00074110. The violations,which occurred in July 2016,are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Mizpah Healthcare Inc violated the terms,conditions or requirements of NPDES WW Permit No.NCO074110 and G.S. 143-215.l(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 apermit 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 Environmental Quality and the Director of the Division of Water Resources,I,G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Mizpah Healthcare Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $200.00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.NCO074110,by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD-Cone. $250.00 1 of the I violations of 143-215.1(a)(6)and Permit No.NCO0741 10,by discharging waste water int o the waters of the State in violation of the Permit Monthly Average for BOD-Cone. $450.00 TOTAL CML PENALTY $116.62 Enforcement Costs $566.62 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(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(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- Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below, In deten-nin.ing whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider inforination 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)dLays of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Wat er Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearin2 with the Office of Administrative Hearin2s: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §15 013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process.. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919) 733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 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 with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File James&James Environmental/ORC Cj:'%",'W-.,�V(�'diendQrsori',W,qstc,a*.iter,,N�tini)rs',,'�-totiiitctin Vim ASSimed Liviag 741 M"IN-2-016-023 38.rtf JUSTIFICATION FOR REMISSION REQUEST ..se Number: LV-2016-0238 County: Henderson Assessed Part .y: Mizpah Healthcare Inc/Mtn.View Assisted Living Permit No.: NCO074110 Amount Assessed: $566.62 Please use this form when requesting remission of this civil penalty. You must also complete the "'Request For Remission, Waiver ofRight to an Administrative Hearing, and Stipulation ofFacts"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 apply. 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 assessmentfactors are listed in the civilpenalty 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 andpreventfuture occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could notprevent or preparefor); (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 howpayment of the civilpenalty willprevent youfrom performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Mizpah Healthcare Inc Mountain View Assisted Living PERMIT NO.NCO0741 10 CASE NO. LV-2016-0238 Having been assessed civil penalties totaling$566.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated November 16,2016,the undersigned,desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice ofassessment. 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 ATTACHMENT A Mizpah Healthcare Inc CASE NUMBER: LV-2016-0238 PERMIT: NCO0741 10 REGION: Asheville FACILITY: Mountain View Assisted Living COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 7/14/2016 7-2016 BOD,5-Day(20 Deg. Weekly mg/l 7.50 11.20 49.3 Daily Maximum $100.00 C)-Concentration Exceeded 7/21/2016 7-2016 BOD, 5-Day(20 Deg. Weekly mg/l 7.50 11.90 58.7 Daily Maximum $100.00 C)-Concentration Exceeded 7/31/2016 7-2016 BOD, 5-Day(20 Deg. Weekly mg/l 5 7.90 58.2 Monthly $250.00 C)-Concentration Average Exceeded �R Certified Mail#7014 0510 0000 4466 4262 Return Receipt Requested November 16,2016 Mizpah Healthcare Inc 74 Lotus Lane Hendersonville,NC 28792 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 WW Permit No.NCO071897 Mizpah Healthcare Inc Henderson's Assisted Living WWTP Case No. LV-2016-0239 Henderson County Dear Permittee: This letter transmits a.Notice of Violation and assessment of civil penalty in the amount of$566.62($450.00 civil penalty+ $116.62 enforcement costs)against Mizpah Healthcare Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Mizpah Healthcare Inc for the month of July 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NCO071897. The violations,which occurred in July 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Mizpah Healthcare Inc violated the terms, conditions or requirements of NPDES WW Permit No.NCO071897 and G.S. 143-215.1(a)(6)in the manner and extent shown in AttachmentA. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty maybe 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 Environmental Quality and the Director of the Division of Water Resources,1, G. Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Mizpah Healthcare hic: State of North Carolina I Enviromnental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $100.00 1 of the 2 violations of 143-215.I(a)(6)and Permit No.NCO071897,by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD -Cone. $100.00 1 of the I violations of 143-215.1(a)(6)and Permit No.NCO071897,by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for NH3-N-Cone. $0.00 0 of the I violations of 143-215.1(a)(6)and Permit No.NCO071897, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD- Cone. $250.00 1 of the I violations of 143-215.1(a)(6)and Permit No.NCO071897,by discharging waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N-Cone. $450.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $566.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.l(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 rectitiing 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(30) days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(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-. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)was wrongfully applied to the detriment o'f the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision forTurther 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 remissi on,you must complete and submit the enclosed"Re-quest for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"forin within thiLty(30)days of receipt of this notice. The Division of Water Resources also.requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearin2 with the Office of Administrative Hearinjzs: 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 Hearin s. You must file the petition with-- 9 the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrict ions)-provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §15 013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Adm inistrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DEQ as follows: MT. Sam M. Hayes, General Counsel Department of Environmental Quality 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(3 0)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 with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.La,ndonDavidson,�P.G.,�Region�a �is�cr Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File James&James Environmental/ORC As��jstod Living 7[�t)-i"[,V-'-O'�i-02",�"�CTf JUSTIFICATION FOR REMISSION REQUEST ,, ,,.seNumber: LV-2016-0239 County: Henderson Assessed Party: Mizpah Healthcare Inc Henderson's Assisted Living WWTP Permit No.: NCO071897 Amount Assessed: $566.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ofRight to an Administrative Hearing, and'Stipulation ofFacts"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 considerationof 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 apply. 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.l(b)were wrongfully applied to the detriment of the petitioner(the assessmentfactors are listed in the civilpenalty assessment document); (b) the violator promptly abated continuing enviromnental damage resulting from the violation(i.e., explain the steps thatyou took to correct the violation andpreventfuture occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or somethingyou could notprevent orpreparefor); (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 howpayment of the civilpenalty willpreventyouftom performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Mizpah Healthcare Inc Henderson's Assisted Living WWTP PERMIT NO.NCO071897 CASE NO. LV-2016-0239 Having been assessed civil penalties totaling$566.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated November 16, 2016,the undersigned,desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice ofassessment. 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 ATTACHMENT A Mizpah Healthcare Inc CASE NUMBER: LV-2016-0239 PERMIT: NCO071897 REGION: Asheville FACILITY: Henderson's Assisted Living WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 7/7/2016 7-2016 BOD, 5-Day(20 Deg. Weekly mg/1 7.50 8.40 12.4 Daily Maximum $0.00 C)-Concentration Exceeded 7/28/2016 7-2016 BOD, 5-Day(20 Deg. Weekly mg/l 7.50 13 73.3 Daily Maximum $100.00 C)-Concentration Exceeded 7/31/2016 7-2016 BOD, 5-Day(20 Deg. Weekly mg/I 5 5.40 7.1 Monthly $0.00 C)-Concentration Average Exceeded 7/7/2016 7-2016 Nitrogen,Ammonia Weekly mg/1 10 13 30.0 Daily Maximum $100.00 Total(as N)- Exceeded Concentration 'Q016 7-2016 Nitrogen,Ammonia Weekly mg/1 2 9.30 366.2 Monthly $250.00 Total (as N)- Average Concentration Exceeded PAT MCCRORY Governor DONALD R. VAN DE R VAART Secretary S. JAY ZIMMERMAN WaterResources ENVIRONMENTAL QUALITY Director November 16, 2016 Karen Kiehna P.O. Box 548 180 South Main Street Marshall,NC 28753 Subject: Pretreatment Annual Report Review Marshall WWTP Permit No: NCO021733 Madison County Dear Ms. Kiehna: The Asheville Regional Office of the Division of Water Resources has reviewed the Pretreatment Annual Report (PAR) covering January through December 2015. This PAR was received on February 26, 2016. -Our review indicates that the PAR is in good order and satisfies the requirements of 15A NCAC 2H .0908(b) nd the Comprehensive Guidance for North Carolina Pretreatment Prq&ams. The next PAR will be due March 1, 2017. Thank you for your continued support of the Pretreatment Program. If you have any questions,please contact meat(828) 296-4500tim.heim@,ncdenr.go or Sarah Bass at(919) 807-6310 Sarah.Bass@ncdenr.gov., Sincerely, Tim Heim, P.E. Environmental Engineer Water Quality Regional Operations Asheville Regional Office cc: ARO Files Donald Byers, CIRC, Pretreatment Coordinator MSC 1617-Central Files-Basement Sarah Bass, PERCS Unit G:\WR\WQIA4adison\Wastewater\Municipal\MarshalI WWTP 21733\PreTreatment\PARreview.LTR.2015.docx Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:hftp://portal.ncdenr.org/web/Wq An Equal Opportunity\Affirmative Action Employer z z -1�, Z (n w N 0- 1.- > -'t 91 r;DO 0 0 0) z < @ U) (f) FD* (D -n o 0) Lon Q<, (D , 3 V) -, =3 --h (D -t CD (D m < r) CD CD =3 ,�R- 0- "o x (D Dj (D 3 0 E =� 0. (D r-t X CL CD co 0 (D 0- 10 (D CD CD (n K < 0) cr (D 0 (D cn q rD :3 C-t 0 (n 0 Z =r (D Go :3 ko CD — n o =3 (D U) 2 ;a (n ---h 0 .,1 0 Di (D rD 0 -.R — .� 0 -n -1 Ln n 0 Q n 0 (D 0 3 0 , 0) (D --h (D (D < 3 c 3 > cr (D Ln (n 5- (D to :3 C: 0 C: rD rt V) > x cr :3 U) S' a) (D Q) (D Ln U-) (D ONEI El NOME5 T = 10 0 3 En (D (D mmmmmmmmmmc CL cr ulmmmmmmmmmm m m U) (D CD Z (D 70 r) =3 E]EINME]EIE]FI..j 0 Ln (D 0 m En (D 0 (n (D 0000000000 3 C-1- 0- U0 > 3 S' El x rD (D 0. -n rt �—o :3 " C 0 =F z (D v) z z =1 M, > >1 I > Ln 3 (D (D (D < m .,j LA 00 C) CD 0 ' 5. ::E EDFOEIMENO (D m (D m m m m m m m ffl m m 00 0 0 El Z E] 0 El El El El El El 9 9 (-D< M-< m (n (,n U) U*) zzzzzzzzzz "J El El 0 Fl 0000000000 z z z z zo F] 0 0 0 0 z z z E E 0 z > > > z z z Z ZR > > 0 0 rt (D (D z -n El F F F =rOj 0 El N z "0 ;mu z z z z (D , --v '0 -n 10 a 0 0 0 0 3 0 m 0 < < < < a) o I < CL (D (D =� "a T a) U) M), (D (D (D 3 — �q a) 0 El El El El C � a- 3. -1 Ln (D -0 z 0 < ro r(D e(D eO X CD z z z z Z n C) n r) U) (D X z a a, 0 0 n 3 a , (A z > (D m m (a < r1i =r LO a) C:) -n Ln 1.- 0 'a M -0 0 C: m On 3 E Ln -a n z z z z z z 0 a) U) (n c: -n n E; %4 m w (W 0 CD C) C) N 0 (D U) W C:L =r w El>El El (D (n U) ul m U) (D V) n rD n u, n cn < @ C) 11 < Gi < � <. 3 3 3 = — 3 3 Ln (D (D (D -0 (D -0 0 U) :3 (D r= (D = m e=-, M :3 =3 =3 r-v :3 :3 — 0 PAT MC CRORY Governor DONALD R. VAN DER VAART Secretary Water)Zesources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 16, 2016 Mr. Jim Fatland Interim City Manager City of Brevard 95 West Main Street Brevard,NC 28712 Subject: Pretreatment Annual Report Review Brevard WWTP Permit No:NCO060534 Transylvania County Dear Mr. Fatland: The Asheville Regional Office of the Division of Water Resources has reviewed the Pretreatment Annual Report(PAR) covering January through December 2015. This PAR was received on February 23, 2016. )ur review indicates that the PAR is in good order and satisfies the requirements of 15A NCAC 2H .0908(b) -,md the Comprehensive Guidance for North Carolina Pretreatment Prqgrams. The next PAR will be due March 1, 2017. Thank you for your continued support of the Pretreatment Program. If you have any questions,please contact meat (828)296-4500 tim.heimkncdenr.jzov or Sarah Bass at(919) 807-6310 Sarah.Bass@ncdenr.gov. Sincerely, Tim Heim, P.E. Environmental Engineer Water Quality Regional Operations Asheville Regional Office cc: ARO Files Tom Williams, Brevard WWTP Pretreatment Coordinator MSC 1617-Central Files-Basement Sarah Bass, PERCS Unit G:\WR\WQ\Transylvania\Wastewater\N4unicipal\Brevard WWTP 60534\Pretreatment\PARreview.LTR.2015.doex Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:hftp://portal.ncdenr.org/web/wq An Equal Opportunity�Affirmative Action Employer -0 z -4 Z V) w N a B o 0) Z ('Do Ln IT2 n m (D 0 a) ID (D 0) q -n -n 0) (D 0, (D 0 0 Ln =3 CD 3 m < (D (D 0 x (D w N =3 3 E 0) fD CD CD (D LO < 4 cn (D 0 D U) (D =3 CD 3 (A o z co ko (D CD En n o =3 C) C (A 70 V) -h .0 0 =r m 0 " (D. --Ih 0 0 r) C) 0 Pi r_ 3 C:, > R (D 0 3 0 (D M --h (D 3 3 > V) :3 -A. cr (D C-t- =3 5- C: w LO rt z C) > o -0 Cr rD :3 10 Ln 0) m -1 P� Ln M 0 3 (D A c T =) -0 :3 (D Ln r-t. st m ff (D =r -- mmmmmmmmmmr- CD a)i cr m w w m w (n w u) w CL 0 C- 0- (D m (D CD 0 c = --J (D M _0 = =3 Z ED , -.,, :3 CA n ai 0 n (n El[:]F-][:IMF-]F-]EIFI (D 0 Di, q CD Ln (D C: 21- z z ;z a z z Z .Z z 0 :3 U) -a (D 0000000000 3 > 3 El 17a m (AD 6' r'r -4 z z z 3 (D n M. m M 1 171 1 1 m Go CD 0 � =$ U) ozoozzzzzz> (D a CD m (D mmmmmmmmmmoo 0 0 z E > El FIDE101 m D ..j (n (f) U) U') zzzzzzzzzz El 0 El El 0000000000 z z z z EZ El 0 0 0 0 Z Z 0 El!� ZM �:Z�I z z z z :-k > > 0 El F-I El Z rl =r 0) 3 E z z z z (D , -7 m '00 0 0 0 0 i� D 3 0 A < < < < Qj = o -1 > < CL rp V) (D "a T w FD 0 =3 F El D w C: U-) CD -0 El 0- 3 (0 eO e(D eO ej z z z z :5 S.La :9 z CL r) r) o 0 X X X z o- n 3 'h 0 (A -- 2 > CD Di 9 Ln T -n Lo El 1-1 El El F- 0 m -a o C: C: m (n 3 C: Ln 0 S -V n v -u 0 z z z z z z 0 0 Ul U) z a -n n n n r) W m (D U) w C) 0 -n m z _n C:) (D > > V) � > El U>) F� V) (n Ul) ull 0 CD (D (D M M CL 3 u-) n cn r) (D n Ul) n Ul) -1 f� C:) (n z z un Z�, 3 3 = 3 3 3 Ln m -a Q -0 3 0 (n :3 :3 M (D M, =5 0 :3 =3 :3 2L L PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN WaterResources ENVIRONMENTAL QUALITY Director November 16, 2016 Tom Bernard, (Interim) ORC Town of Spindale PO Box 186 Spindale NC 28160 Subject: Pretreatment Annual Report Review Spindale WWTP Permit No:NCO020664 Rutherford County Dear Mr. Bernard: The Asheville Regional Office of the Division of Water Resources has reviewed the Pretreatment Annual Report(PAR) covering January through December 2015. This PAR was received on February 23, 2016. Our review indicates that the PAR is in good order and satisfies the requirements of 15A NCAC 2H .0908(b) the Comprehensive Guidance for North Carolina Pretreatment Programs. The next PAR will be due Aarch 1, 2017. Thank you for your continued support of the Pretreatment Program. If you have any questions,please contact me at (828)296-4500 tim.heimgnedenr.gov or Sarah Bass at(919) 807-6310 Sarah.Bass@ncdenr.gov. Sincerely, .Tim Heim,P.E. Environmental Engineer Water Quality Regional Operations Asheville Regional Office cc: ARO Files MSC 1617-Central Files-Basement Sarah Bass, PERCS Unit G:\WWQ\Rutherford\Wastewater\Municipal\spindale WWTP 20664\Pretreatinent\PARreview.LTR.2015.docx Water Quality Regional Operations-Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500 FAX 828-299-7043 Internet:hftp://po�al,ncdenr.org/vieb/Wq An Equal Opportunity Affirmative Action Employer -E fo (o FO -Fu 0 -E r- 4� C 4� r- 4� C: C: LO 0) 1--i E E E E E E C) LA ILnA (n V) Ln u U w U (n E _0 0) a) a) a) 0 V) Ln M El 'n -El 1:1 cn C) —q c) C) CD 0 (u a_ a- a_ Q- CIL u U- z 0 S �OL 4 u u u u (U 0 z z z Z z a- U n- Ln :3 E 0 w �; 0 a- v-q �a V) LL 60 0 Ul) Z U a- 0 o > (U > U) U) ru z 2 m E "o z 6 0 2 a) LA u u u u 2- z 0)." it: m , z z z z o = s Cy " o- .I (Y (Y (Y 4� .2 c 0 *CL _0 U) El El El El 0 -Z,- M > > > > 0 uj 0 D 2 f2 cu 0 0 0 0 0 ; , " " " z z z z 0. o fo a) Q CL z z U- Z 4=1 Q[:] [:] [:] 07 cr o z z z z < < 0 0 z m z z z 0 0 0 0 1:1 zz z z z z 0000000000 El 0 El El C,. Zzzzzzzzzz U) Ul) U) V) >2 >2 >- R El El El El El El 0 El El Z Z 0 0 ZIZIZIZIZ Z R.E:IIZ F 0 C) LI) u C) a E Z C: U') r14 ry < < < V) 9) 4� z z z :E L- C: 4� 0 a) U- 'a El mz C: V) E '0 la- 4.J .2 E 0000000000 W .r_ 0 c — u zzzzzzzzzz i5L- 0 (n cn -C (0 0 F-I 0 r—I 0 El El El El 0 Z a u z V gi -a > U) (n (n V) Ln V) (n U) Ln V) -0 -�e 2 LU LU LU LU W w W LU LU LU -2 (n u 4T .61 w C: 4� =3 ::) fo c ZE 6 ton- (1) Lo -a zZzIppoopq OL V) Q) P� < 0) :D -2 Z) c: C: 4-J < " a) .— C: Ln E E > a) " 0 0 ai u 0 u E Ln U- 0 0. a) cu 4- (n 0� .�? C) 0 U ;., I-- vi Ln (U -5. 0 r- Q) .0 0 t a) rn 0 4-J > cn -U 4d fu 1p (n z C: -0 CL ?t CL fu X 4� a M ru bAD E 0 u Ln LU a) cu 2 c u 0 ip Q) > 0 cu (n 1p w U-PU fo 0 fa 'n cn u M 0 ru M: > 0 = �: m z m 0�1 o CL < "a r� rvi Ln Z It z z PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN WaterResources ENVIRONMENTAL QUALITY Director November 16, 2016 Mr. John Condrey, City Manager Town of Forest City PO Box 728 Forest City, NC 28043 Subject: Pretreatment Annual Report Review Town of Forest City WWTP Permit No:NCO025984 Rutherford County Dear Mr. Condrey: The Asheville Regional Office of the Division of Water Resources has reviewed the Pretreatment Annual Report (PAR) covering January through December 2015. This PAR was received on February 19, 2016. Our review indicates that the PAR is in good order and satisfies the requirements of 15A NCAC 2H .0908(b) .'-__-14d the Comprehensive Guidance for North Carolina Pretreatment PrQgrams. The next PAR will be due .4arch 1,2017. Thank you for your continued support of the Pretreatment Program. If you have any questions, please contact me at(828) 296-4500 tim.heim(j�gcdenr.gov or Sarah Bass at(919) 807-6310 Sarah.Bassgncdenr.gov. Sincerely, Tim Heim, P.E. Environmental Engineer Water Quality Regional Operations Asheville Regional Office cc: ARO Files Jacob Hodge, Forest City Pretreatment Coordinator MSC 1617-Central Files-Basement Sarah Bass, PERCS Unit G:\WR\WQ\Rutherford\Wastewater\Municipal\Forest City WWTP 25984Tretreatment\PARreview.LTR.2015.doex Water Quality Regional Operations—Asheville Regional Office 2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-296-4500 FAX:828-299-7043 Internet:hftp://po�al.ncdenr.org/webtwq An Equal Opportunity\Affirmative Action Employer -E fa fu fu ra LO 0 -E 4� 4� " 0 a 0 C W C a) C: 0 CL (3) 13- a) Q- a) n- a) E E E E E E Q- U) (n Ln u U) u U Ln U U) E w Q) Q) 2 Ln 0 Ln V) Ln -0 < fo 0 C) C) C) 0 CD Ln fu 0 u u u U) zr B -0 u U- " D Z Ln Lr) 0 z z z z Z C) a- U E U) LU 0 o U) U- U) N R El R El u U z 0 0 . -0 E 4- u co LL 0 0 0 Z 12� cr-I Q� M� (v Lo u u u u %- Z cm L- 0 0 z z z z 41 CY CY CY CY tE C '9 CL cr Ln 3 El 2 Z) V) El 1:1 El I C (A > < 0 lrj (o > > > > 0 LU 0 E 0 0 0 0 0 �7 U- E z z z z 0 & 0 fu Q) 11 z U- 7- = El R El R (31 0 z z z z 4 L* 421 < < < z z 0 0 0 0 z z z z fa Li N El Q) 0 F� El 0 0000000000 V) V) U) z z z z z z z z z z a) a) (3) 0 E I EEII EEII 0000 z z 0 0 cn u) (,r) Lf) Ln U) Lf) V) V) (In U) U) z zjz zlzlzlr-ilz zjz .0 4-- CD �3 0 co cu Q) Ln u Ln V) < < < E — c 0) (n 4� U z z 0 Z) 0 4� LL �o Q) El ZEI q- E CL 8 4� 49 E c: z V) c 0 0 0000000000 u -0 zzzzzzzzzz Ln 0 (n 0) (U -r- u 0 (%. -10 DDEIEI 4� ru cl El El F _0 V a) a) z a in. a) a) :B -0 Ln LO Ln Ln LIO Ul) U) U) (f) un -0 p ; .2 ,e 2 c: U-1 1- (1) CY LU LU LU LU UJ LU LU W W u 4� Lil fu 4Lln (L) C: I fn C: *�E C CL (n D Fo c a) 0 ZDZZZ .0 (Lon CL Lo < 4� c: a) Cd 4-J 10 Ln E E (U 4- Q) 4- a) M I- 0 w 0 U u E U) U- c: E � 0 0 w z 4-J 10.2 -.0- C� fo 0 U V) r- Q) sz- Qu Ln 00- E Q) 0 c U 4-J 0 4 2) 4-, Q) c 0 D BE (n &.j V) > 0) u — L4 a 4� C CL u 0) 0 _0 CXI 4-1 U = E r- ru m CL x 0. a P-� 0 u Lu (3) C: V) 0 4� > 0 V) zj (1) U U- co fu 0 LL > bb (f) (1) 0 > a- 0 = m . z m 0 0 Q) CLE ­4 10 rq M Ln Z11- z z 2- Certified Mail # 7014 0510 0000 4466 4286 Return Receipt Reguested ,November 17, 2016 Martin J. Lashua Transylvania Utilities Inc PO Box 240908 Charlotte, NC 28224-0908 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0613 Permit No. NCO088943 Connestee Falls WWTP #2 Transylvania County Dear Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 7/12/2016 45 52.9 Daily Maximum Exceeded Concentration (C0310) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina Enviromnental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office, Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File David Medling/ ORC, Tony Konsul, G�\Wf�:,,WQkTransylvariia\WastewaterkMitiors',Connestee Falls 92 NC0088943\N0V-2016-LV-0613.rtf RAT.�ICCI�QRY DO'NAL-O.R., VAN D Wdterftsowces 9, JAY Z1..'MM.E. RN1AN Dirwir Certified Mail #7015-1520-0003-5463-1339 Return ReceiRt Requested November 17, 2016 Elsie G Robinson PO Box 1701 Weaverville, NC 28787 , SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-PC-0132 Permit No. NCG550514 NCSR 2207 Buncombe County ')�,Iar Ms. Robinson: The North Carolina Division of Water Resources conducted an inspection of your Single Family Residence wastewater treatment system at 721 Old Mars Hill Hwy on April 15, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550514. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation Effluent Sampling Annual water quality monitoring required by the general permit has not been conducted. [NCG550000 Part I.A. Effluent Limitations and Monitoring Requirements (see table in NCG550000 permit)]. Permit The Annual Administering and Compliance Monitoring Fee has not been paid for 2014 and 2015 and is past due. [NCG550000 Part II. Section B General Conditions 12] in accordance with [15A NCAC 02H .0105(b)(2)]. Septic Tank The septic tank has not been checked annually and pumped out every 3-5 years or when the solids level is found to be more than 1j3 of the liquid depth in any compartment. [NCGS50000 Part I. A. 6. Permit Conditions(Operation &Maintenance)Septic Tanks]. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 218778 828-296-4500 In addition the issues below must also be addressed: Compliance Issue(s): • A visual review of the outfall location has not been executed twice each year as required to ensure that no visible solids or other obvious evidence of system malfunctioning is observed. Any visible signs of a malfunctioning system shall be documented and steps taken to correct the problem. [NCGSSOOOO Part I. A. 3. Permit Conditions(Operation &Maintenance)Visual Review of Outfall]. • Water discharging from the effluent pipe was dark gray and not clear. Discharge was very low flow, but was still causing visual degradation.of the receiving stream (Gentry Branch). Samples were not collected at this time; however, it appeared likely that effluent limitations would be violated. [NCGSSOOOO Part II. S. la (General Conditions)]. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. If you should have any questions, please do not hesitate to contact Daniel Boss with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4658. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Enclosures: Inspection Report NCG550000 General Permit and Technical Bulletin cc: MSC 1617-Central Files WQ Asheville Regional Office NPDES Compliance/Enforcement Unit G:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\550514 Claude Robinson\CEI.04152016\NOV-2016-PC-0132.Inspect 4-2016 ResendAl' United States Environmental Protection Agency Form Approved. EPA Washington,D,C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type I IN 1 2 15 1 3 NCG550514 11 121 16104/15 17 18 1 ,1 19 1 s 20H 1 11-1 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1__ I I I I I I I I I I I I I I I I I I I I I I I I .I r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating Bi QA -------------——-—--Reserved--------------- 671 70 71 Lj 72 73 LL174 751 1 1 1 1 1 _ I__180_ Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry-rime/Date Permit Effective Date POTW name and NPIDES oemnit Number) 01:15PM 16/04/15 07/08/01 NCSR 2207 NCSR 2207 Exit Time/Date Permit Expiration Date 01:40PM 16/04/15 12/07/31 Weaverville NC 28787 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 Claude Robinson,PO Box 1701 Weaverville NC 28787//828-645-8590/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&MaintenancE 0 Self-Monitoring Program N 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 Robert Topolski ARO WQ/1828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers EPA Form 3560-3(Rev 9-94)Pre -�s editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 3[ NCG550514 121 16/04/15 117 18 ICI Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) On April 15, 2016, Rob Topolski of the Asheville Regional Office(ARO)conducted a Compliance Evaluation Inspection of the Single Family Residence wastewater treatment system (NPIDES Permit No. NCG550514)at 721 Old Mars Highway in Buncombe County, NC. The property owner/permittee, Mr. Claude Robinson,was present during this inspection. Mr. Robinson said that he hasn't had the septic tank pumped recently, but that it was probably due. He said the tank is located at the front of the house on the left side and that he would have to dig to expose it for pumping. Mr. Robinson said that the sand filter drain field is also in the front yard and flows to the right side. He pointed where the effluent pipe is located and where it discharges to the stream (Gentry Branch). Water discharging from the effluent pipe was dark gray and not clear. Although small fish were observed swimming downstream and the discharge was very low flow,visual degradation of the receiving stream was still observed. Samples were not collected at this time; however, it appeared likely that the permit effluent limitations would be violated. I informed Mr. Robinson of the violations I observed and asked that he have the septic tank pumped as soon as possible. By not having the septic tank pumped out regularly(every 3-5 years), the life span and effectiveness of the sand filter system may be compromised. A follow-up inspection will be conducted to determine if pumping the septic tank has resolved the problem or if additional measures need to be taken to return to compliance. Page# 2 Permit: NCG550514 owner-Facility: NCSR2207 Inspection Date: 04/1512016 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 El El application? Is the facility as described in the permit? #Are there any special conditions for the permit? El 0 Is access to the plant site restricted to the general public? EJ 0 El Is the inspector granted access to all areas for inspection? E] Comment: The Annual Administering and Compliance Monitoring Fee has not been paid for 2014 and 2015 and is past due. Mr. Robinson said he would pay the fees as required.. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable hous I ekeeping? M El Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable n F] Solids, pH, DO,Sludge Judge,and other that are applicable? Comment: A visual review of the outfall location has.not been executed twice each year as reguired to ensure that no-visible solids or other obvious evidence of system malfunctioning is observed. Any.visible signs of a malfunctioning system shall be documented and steps taken to correct the probI Septic Tank Yes No NA NE (if pumps are used)Is an audible and visual alarm operational? D 0 El Is septic tank pumped on a schedule? 0 El El Are pumps or syphons operating properly? 0 Are high and low water alarms operating properly? El n N Comm ent: The septic tank has not been checked annuall and pumped out every 3-5 years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment., Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? M El Are the receiving water free of foam other than trace amounts and other debris? El 0 if effluent (diffuser pipes are required) are they operating properly? El r_1 M Comment: Water discharging from the effluent pipe was.dark gray and not clear....Discharge was verV low flow, but was still causing visual degradation of the receiving stream (Gentry Branch). Samples were not collected at this time-, however, it appeared likely that effluent limitations would be violated. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? El El Page# Permit: NCG550514 Owner-Facility: NCSR 2207 Inspection Date: 04/15/2016 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is sample collected below all treatment units? F] El n M Is proper volume collected? 1:1 El 0 Is the tubing clean? n 0 n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees 1:1 El 0 Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type 0 El El representative)? Comment: Annual water clualit monitorin -Y. q required by the general permit has not been conducted. Please note that samples must be analyzed bv a North Carolina certified laboratory. Page# 4 V-1 ......... WOO "'M CERTIFIED MAIL: 7015 1520 0003 5463 1322 RETURN RECEIPT REQUESTED November 17, 2016 Theresa Coletta, Mayor Town of Burnsville PO Box 97 Burnsville, NC 28714-0097 SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2016-DV-0326 Sanitary Sewer Overflows - November 2016 Collection System Permit No. WQCS00143 Burnsville Collection System Yancey County Dear Permittee: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Town of Burnsville. The Division's Asheville Regional Office concludes that the Town of Burnsville violated Permit Condition 1 (2) of Permit No. WQCS00143 by failing to effectively manage, maintain, and operate their collection system so that thereis no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1. The Asheville Regional Office is providing the Town of Burnsville an opportunity to provide evidence and justification as to why the Town of Burnsville should not be assessed a civil penalty for the violation that are summarized below: Tota I Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201602444 11/1/2016 390 Service line tap just Grease 25,000 20,000 Notice of Violation west of manhole in front of Prescription Pad730 E. Main St., Burnsville, NC 28714 State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 This Notice of Violation Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed --a-g—ai nst a ny perso-n—whio—M-1-ate—sor fa-ils-to—a ct-i—n accor an—ce-witIT-the-te—ra Gsco—ndi ns, o r req u i rementS Or a ny permit issued pursuant to G.S. 143-215.1. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the Asheville Regional Office at 828-296-4500 or via email at linda.wiggs@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Ronnie Tipton (e-copy) Asheville Regional Office - WQS File Central Files, Water Quality Section G:\WR\WQ\Yancey\Collection Systems\Burnsville Collection Systern\N0V-2016-DV­0326.SS0 11-1-2016.rtf State ofNorth Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 PATMCCRORY Governor DONALD R. VAN DER VAART __4 Secretary WaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director November 18, 2016 DWR# 16-1009 Buncombe County William and Wanda White PO Box 1310 Black Mountain, NC 28711 Subject: WITHDRAWAL OF APPLICATION. Black Mountain Warehouse Dear Mr. and Mrs. White: On October 26, 2016,you requested a 401 Water Quality Certification from the Division of Water Resources(Division)for the above referenced project. On November 18, 2016,the Division received a request via phone conversation from your agent to withdraw the current application. Therefore,your file is hereby considered withdrawn. Please be aware that you have no authorization under Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely,. 4a��n Price, P.E., Assistant-Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: Jesse Gardner—Civil Design Conpepts(via email) William Elliot—USACE Asheville Regulatory Field Office(via email) Andrea Leslie—NCWRC(via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401S\Non-DOT\Black Mountain Warehouse\Withdrawal.401.Black Mountain Warehouse.docx State of North Carolina I Environmental Quality I Water Resources 1 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 8282964500 A'- ........... 0, Pird Certified Mail # 7012 1010 0002 1965 7192 Return ReceiRt Re yested Fed Ex 85710672 2657 November 18, 2016— 2nd Mailing July 5, 2016 Lonnie E. Barnes 4117 Buck Cre ek Road Highlands, NC 28741 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-PC-0281 Permit No. NCG550389 4117 Buck Creek Road Macon County Dear Mr. Barnes: The North Carolina Division of Water Resources conducted an inspection of your Single Family Residence wastewater system at 4117 Buck Creek Road on May 6, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550389. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following deficiency(s) were noted during the inspection: Inspection Area Description of Deficiency Effluent Sampling Sampling is not being conducted. [NCG550000 Part 1. A. Effluent Limitations and Monitoring Requirements NCG550000 permit)]. Septic Tank Septic tank is not checked annually. [NCG550000 Part I. A. 3. Permit Conditions (Operations &Maintenance) Septic tanks shall be inspected at least yearly to determine if solids must be removed or if other maintenance is necessary. Septic tanks State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 shall be pumped out every five years or when the solids -i%-, be more than 1/3 of the liquid depth in any compartment.i Effluent Pipe The outfall was not found. [.NCG550000 Part 1. A. 4..(Operations & Maintenance) All system components, including but not necessarily limited to, septic tanks, surface sand filters,, other filter components, pump/recirculation tanks, disinfection units and the outfalls shall be maintained at all times and in good operating order.] Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice regarding your plans or measures to be taken to address the indicated deficiencies. I have enclosed a copy of the permit for your convenience. If you should have any questions, please do not hesitate to contact Beverly Price with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Macon\Wastewater\General\NCG55 SFR\NCG550389 Barnes CEI 2016 NOD-2016-PC-0281.rtf United States Environmental Protection Agency -------— Form Approved.-__... EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-a8 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPIDES yr/mo/day Inspection Type Inspector FacType 1 H 2 15 1 3 1 NCG550389 11 121 16/05106 17 18 1 ,1 19 L�j 20 LJ I Lfi 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------Reserved------------ 671 1 70 71 72 N 73[_LJ74 751 1 1 1 1 1 1 _180 Section 8: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 NPIDES vermit Number) 10:1 5AM 16105/06 13/08/01 4117 Buck Creek Road 4117 Buck Creek Rd Exit Time/Date Permit Expiration Date Highlands NC 28741 10:35AM 16/05/06 18/07/31 Name(s)of Onsite Representative(s)Mtles(s)/Phone and Fax Number(s) Other Facility Data Lonnie E Barnesl/704-526-5863 Name,Address of Responsible Official/Titfe/Phone and Fax Number Contacted Lonnie E Barnes,4117 Buck Creek Rd Highlands NC 28741/// Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&MaintenanCE M Self-monitoring Program 0 Effluent/Receiving Waters Section D:Summary of Find ing/Com ments(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 Beverly Price Division of Water Quality//828-296-4500/ Signature of ManaAemeqt Q A Reviewer Agency/Office/Phone and,Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# -,—yr/molday----------------Inspection--Type 31 NCG550389 1 121 16/05/06 17 18 t—i Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The inspection was conducted by Beverly Price and Tim Heim of the Asheville Regional Office. Mr. Barnes was not on site at the time of the inspection but was contacted prior to the inspection. The system consists of a septic tank and sand filter. While there was no indication that the system was not operating properly,the inspection reflects non-compliance with the permit. The following deficiencies were noted.- 1. The outfall could not be located. 2. Sampling is not being conducted. 3.The septic tank was reportedly pumped approximately every five years. There are no pump records. The septic tank should be inspected at least yearly. Records of repairs/maintenance should be maintained. Page# 2 Permit: NCG550389 —--- --- Owner-Facility: 4117 Buck Creek Road Inspection Date: 05/06/2016 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 El El 0 1-1 application? Is the facility as described in the permit? #Are there any special conditions for the permit? El N El El Is access to the plant site restricted to the general public? El El 0 El Is the inspector granted access to all areas for inspection? 0 El El El Comment: The components listed in the permit file are as follows: septic tank and subsurface sand filter. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 n E] 1:1 Does the facility analyze process control parameters,for ex: IVILSS, MCRT, Settleable 0 El 0 El Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? 1:1 El 1:1 0 Are high and low water alarms operating properly? El El El M Comment: Septic tank is not checked annually. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? El 0 El E] Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? 11 El 0 El Comment: The outfall was not located. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? El El M 1:1 Is sample collected below all treatment units? El 0 El 0 Is proper volume collected? 1:1 El 1:1 M Is the tubing clean? El El 0 1:1 Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? Page# 3 Permit: NCG550389 Owner-Facility: 4117 Buck Creek Road Inspection Date: 05/06/2016 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type 0 El El representative)? Comment: Sampling is not being conducted. Page# 4 fedexcom 1.800.GoFedEx 1.800.463.3339 RIFF rp iz, cn cn 3� z N— Ln C�, lip M (A Cr ni rul a- a�, A.; z MR, Pt g'.1�M. J, IS 0".9�9 R" ofa, 4f-l! Ell. i 5113 x AQU.- AM Z sU, IC I' Aig (D a, -5 9 If -z El 75- Vz� Ai A R, a..e &a�-K C; Vt ij� lbu-o ru Aff cl (A 5� AH or 7 01103�11 Hll�A 110-1 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 18, 2016 David Beachboard 115 Onteora Blvd Asheville,NC 28803 SU BJECT: Compliance Evaluation Inspection 6 Briarwood Lane Permit No: NCG550387 Buncombe County Dear Mr Beachboard: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on 11/18/2016. The facility appeared to be in compliance with pennitNCG550387. Please refer to the enclosed inspection report for additional observations and comments. If you have any ,,-questions,please call me at 828-296-4658. —Sincerely, Daniel J Boss Environmental Specialist Asheville Regional Office Enclosed: Inspection Report cc: MSC 1617-Central Files-Basement Asheville Files -G:\WR\WQ\Buncombe\Wastewater\General\NCG55 Single Family Residence\550387 David Beachboard\CEI.]1.18.2016\Cover Letter Insp.11.18.2016 6 Briarwood Lane.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Flighway 70 Swannanoa,NC 28778 8282964500 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPIDES yr/mo/day Inspection Type Inspector Fac Type I IN 1 2 15 1 3 NCG550387 11 121 16/11/18 17 181,_1 191 S I 20H 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 _I I I I I f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating BI QA --Resery — 671 1 70 71 72 73[ 751 1 1 1 1 1 _�j _[J74 _jj80 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 NPIDES permit Number) 01:40PM 16/11/18 13/05101 6 Briarwood Lane 6 Briarwood Ln Exit Time/Date Permit Expiration Date Fletcher NC 28732 02:40PM 16/11/18 18/07/31 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted David Alan Beachboard,1 15 Onteora Blvd Asheville NC 28803/// No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Operations&MaintenancE N Self-Monitoring Program' N 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 Daniel J Boss ARO WQ//828-296-46581 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# NPIDES yr/mo/day Inspection Type (Cont.) 31 INICG550387 11 121 16/11/18 17 18 JCJ Section D:Summary of Find ing/Comments(Attach additional sheets of narrative and checklists as necessary) Daniel Boss and Linda Wiggs conducted a follow up inspection at 6 Briarwood Lane in Buncombe County on 11/18/2016. The owner, David Beachboard was present for the duration of the inspection. The system appeared to be well maintained and clean. Chlorine tablets of the proper size and type were present in the chlorinator. There was no sign of any ponding over the sand filter or septic tank. Mr. Beachboard last had the septic pumped in April of 2016. The system was not discharging and the owner says that it never does.The step aeration for the effluent has been repaired. Page# 2 Permit: NCG550387 Owner-Facility: 6 Briarwood Lane Inspection Date; 11/18/2016 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 El El M El application? Is the facility as described in the permit? M El El El #Are there any special conditions for the permit? 0 El M El Is access to the plant site restricted to the general public? 1-1 0 M, 1:1 Is the inspector granted access to all areas for inspection? D El Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 El 1:1 1:1 Does the facility analyze process control parameters,for ex: IVILSS,MCRT, Settleable 11 El 0 El Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? Is septic tank pumped on a schedule? n El 1:1 Are pumps or syphons operating properly? El 0 ME] Are high and low water alarms operating properly? El El 0 El Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? El El 0 Is the distribution box level and watertight? n 0 0 Is sand filter free of ponding? M El El 1:1 Is the sand filter effluent re-circulated at a valid ratio? El El 0 #Is the sand filter surface free of algae or excessive vegetation? 0 0 0 El #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) 11 El 0 Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? M El El Are the tablets the proper size and type? 0 El El El Number of tubes in use? 2 Page# Permit: NCG550387 Owner-Facility: 6 Briarwood Lane InspectionDate: 11118/2016 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is the level of chlorine residual acceptable? E] El 1:1 0 Is the contact chamber free of growth,or sludge buildup? 0 El Is there chlorine residual prior to de-chlorination? El D N n Comment: There is no discharge from the system. Effluent Samplina Yes No NA NE Is composite sampling flow proportional? El El E n Is sample collected below all treatment units? 1:1 El 0 n Is proper volume collected? Is the tubing clean? #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees 1:1 El N El Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type 0 El E] El representative)? Comment: Mr. Beachboard has hired James and James to monitor the effluent, but there has not been a dischar-ge produced to sample from. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 1:1 El Are the receiving water free offoarn other than trace amounts and other debris? 1:1 n If effluent (diffuser pipes are required) are they operating properly? El D 0 D Comment: Page# 4 m 00 Certified Mail # 7014 0510 0000 4466 4293 Return Receipt Reguested November 18, 2016 Matthew Knauer Young Life Ministries 120 Coles Cove Rd Weaverville, NC 28787 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LM-0065 Permit No. NCO034304 Windy Gap Camp WWTP Buncombe County D86r Permittee: A review of the July 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 7/14/2016 400 >400 Daily Maximum Exceeded 44.5 C(31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 7/28/2016 400 >400, Daily Maximum Exceeded 44.5 C (31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 7/31/2016 200 236.4 Monthly Geometric Mean Exceeded 44.5 C (31616) Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation r--�Q01 Effluent Oxygen, Dissolved (DO) (00300) 7/2/2016 Weekly Frequency Violation State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 A Notice of Viol ation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina Genera Statute (G.S.) 143-215.1 and the facility's NPDES Permit. 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) business cl�pys after receipt of this Notice, A review of your, response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). 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 107day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future, The Division of Water Resources may'pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31, 2016, concerning registering to use the Division's new e-DMR system for the completion and electronic submittal of monthlv Discharge Monitoring Reports (DMRsj Your facility will be required t.o report your Discharge Moni.toring Reports electronically by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.o[g/web/­wq/­admin/­­bog/ipu/­edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Gary Kuykendall/ ORC/Young Life Windy Gap G:�WP.1,VVQ\Buiicombek0astewater',Minors\Young Life Windy Gap 34304\N0V-N01-2016-LM-0065.rtf PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 18, 2016 Martin C Wilson 4 Briarwood Ln Fletcher,NC 28732 SUBJECT; Compliance Evaluation Inspection 4 Briarwood Lane Permit No: NCG550313 Buncombe County Dear Mr Wilson: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on 11/18/2016. The facility appeared to be in compliance with perr.nitNCG550313. Please refer to the enclosed inspection report for additional observations and comments. If you have any --\questions,please call me at 828-296-4658. Sincerely, 'zaeK__ Daniel J Boss Environmental Specialist Asheville Regional Office Enclosed: Inspection Report cc: MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Buncombe\Wastewater\Genera]\NCG55 Single Family Residence\550313 Martin Wilson\CEI.11.18.2016\Cover Letter Insp.11.18.2016 4 BriarwoodLane.doex State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Ifighway 70 Swannanoa,NC 28778 8282964500 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 NCG550313 11 121 16/11/18 17 181,-1 19 L�j 20U 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B 1 CIA ---Reserved-- 671 J 70 J_j 71 [_j 72 73[��74 751 1 1 1 1 1_jj80_ Section 13: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) 01:40PM 16/11/18 13/08101 4 Briarwood Lane Exit Time/Date Permit Expiration Date 4 Briarwood Ln 02:40PM 16/11/18 18/07/31 Fletcher NC 28732 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Martin C Wilson,4 Briarwood Ln Fletcher NC 28732H828-628-0790/ Contacted No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit operations&MaintenanCE N seif-monitoring Program 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 8 Wiggs ARO WQ//828-296-4500 Ext.46531 Daniel J Boss ARO WQ//828-296-4658/ 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# NPIDES yr/mo/day Inspection Type (Cont.) 31 NCG550313 121 16/11/18 17 18 1,1 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Daniel Boss and Linda Wggs conducted a follow up inspection at 4 Briarwood Lane in Buncombe County on 11/18/2016. The owner, Martin Wilson,was not present for the inspection.The system appeared to be well maintained and clean. Chlorine tablets of the proper size and type were,present in the chlorinator. There was no sign of any ponding over the sand filter or septic tank. Clear water was flowing from the effluent pipe.The effluent was tested for chlorine residual with a result of 0.0 ug/L. We suspect that the effluent from the pipe is groundwater and not wastewater from the system. Mr. Wlson had the septic pumped in April and is currently meeting the requirements for annual lab tests. Page# 2 .Permit: NCG550313 Owner-Facility: 4BriarwoodLane Inspection Date: 11/18/2016 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 1:1 El M application? Is the facility as described in the permit? M El 1:1 E] #Are there any special conditions for the permit? El El 0 1:1 Is access to the plant site restricted to the general public? 0 E] Is the inspector granted access to all areas for inspection? 01 El El El Comment: Operations & Maintenance Yes No- NA NE Is the plant generally clean with acceptable housekeeping? 0 El M M Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable El 0 0 El Solids,pH, DO, Sludge Judge, and other that are applicable? Comment: Septic Tank Yes No NA NE (if pumps are used)Is an audible and visual alarm operational? El El M Is septic tank pumped on a schedule? El 1:1 Are pumps or syphons operating properly? 11 El M 1:1 Are high and low water alarms operating properly? Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? M El M Is the distribution box level and watertight? El M M Is sand filter free of ponding? M El F1 Is the sand filter effluent re-circulated at a valid ratio? M El 0 0 #Is the sand filter surface free of algae or excessive vegetation? 0 M El 1:1 #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) El 0 M 11 Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? M El El 1:1 Are the tablets the proper size and type? Number of tubes in use? 2 Page# 3 Permit: NCG550313 Owner-Facility: 4 8riarwood Lane Inspection Date: 11/18/2016 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? 0 El El n Is there chlorine residual prior to de-chlorination? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 El El 0 Are the receiving water free of foam other than trace amounts and other debris? 0 El If effluent (diffuser pipes are required) are they operating properly? El El N 0 Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? 0 M Is the tubing clean? 0 El 0 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees 0 Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type 0 El El representative)? Comment: Page# 4 I V Certified Mail # 7015 1520 00035463 1377 Return ReceiRt Requested November 21, 2016 Aubrey L. Deaver A&D Water Service Inc. P.O. Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-PC-0542 Permit No. WQ0015929 High Vista WW`TP Conjunctive Reclaimed Water Generation System Henderson County Dear Permittee: A review ofthe May 2016 Non-Discharge Monitoring Report (NDMR) for the subject facility revealed the violation(s) indicated below: Reporting Violation(s): Sample Location Parameter Date Type of Violation 5/31/2016 , Late/Missing NDMR Remedial actions, if not already implemented, should be taken to correct any noted problems. Please submit a copy of the missing report to the Asheville Regional Office as well as to the Information Processing Unit in Raleigh,, within 10 days of receipt of this Notice. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Cline Solar Farm November 21,2016 Page 2 of 3 Dear Mr. Ryan, Ms. Peterson, and Mr. Ivy: On November 16, 2016, staff from the Asheville Regional Office of the Division of Water Resources (DWR) conducted a site inspection at Cline Park Road in Burke County. Stream standard and 401 Water Quality Certification(WQC)violations were noted during the inspection and file review. Approximately 20 linear feet of stream were impacted by the unauthorized installation of a utility line and sediment impacts to an un-named tributary to Drowning Creek, classified WS-IV. As a result of the inspection and file review,the following violations were identified: VIOLATIONS 1. Failure to Secure a 401 Water Quality Certification—A review of records confirmed that the DWR nor the US Army Corps of Engineers (USACOE)has received an application for a 404 permit or 401 WQC,prior to the impacts noted above. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2H .05 00. 11. Stream Standard Violation- Other Waste (In-stream sediment) 15A NCAC 02B .0211 (12) -Approximately 20 feet of an un-named tributary to Drowning Creek was impacted by sediment deposition measured to be at least 12 inches in depth throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (12). REQUIRED RESPONSE Accordingly, you are directed to respond to this letter in writing by December 21, 2016. Your response should be sent to this office at the footer address or via email to kevin.mitchellgncdenr.go and include the following: 1. Please explain why these impacts occurred without prior authorization. 2. Please submit the following documents for review and approval: a. Stream Restoration Plan—Explain how you plan to restore the profile and dimension of the impacted stream channel including the removal of fill (sediment). The streambed must be restored to the original profile, the stream banks must be stabilized, and any fill material must be removed from the riparian zone. Replanting of the riparian zone will be required. The plan must also address the removal of accumulated sediment from all surface waters. Cline Solar Farm November 21,2016 Page 3-of 3 b. Permit Application—If you wish for any impacts to r emain in place, you must contact the U.S. Army Corps of Engineers (USACOE) for information on the type(s) of pen-nit required. Depending on the type of permits USACOE requires, an application for a 401 Water Quality Certification to DWR will also be required. Please note that sediment impacts to streams,are not permittable. The U.S. Army Corps of Engineers contact for Burke County is William Elliott. William can be reached at 828-271- 7980, ext. 224 or by email at William.a.elliottgusa.ce.army.mil. c. Please include in your response a detailed schedule with dates explaining when the restoration will be accomplished; and, if you plan to seek a permit for the pennittable impacts,when an application will be submitted. d. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Kevin Mitchell. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. Your above- mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Mitchell at(828) 296-4650 or kevin.mitchellgncdenr.1gov. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: William Elliott—USACE (email copy) Stan Aiken—DEMLR(email copy) Andrea Leslie—NCWRC (email copy) Karen Higgins -401 &Buffer Perratting Unit Peter Minter—Burke County Community Development(email copy) Heather Peterson—Evergreen Solar Services (email copy) ARO File Copy G:\WR\WQ�Burke\Complaints\201602536 Kline SolarNOV-2016-WP-0003-Cline Solar Farm 11.21.16.docx PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary 'terResources S. JAY ZIMMERMAN Et,—t4ONMENTAL QUALITY Director November 21, 2016 Frank Hutto 1736 Hemphill Rd. Waynesville,NC 28786 SUBJECT: Compliance Evaluation Inspection Single Family Residence Permit: 1736 Hemphill Rd. . Permit No: NCG550292 Haywood County,NC Dear Mr. Hutto: On October 28, 2016 Dan Boss, and I with the Asheville Regional Office (ARO) conducted a Compliance Evaluation Inspection(CEI)of the Single Family Residence(SFR)wastewater system located at 1736 Hemphill Rd. The property and system were well maintained and recent repairs have brought the system into compliance with NPDES Permit No NCG550292. Please refer to the enclosed inspection report for additional observations and recommendations. I have also attached a Name/Ownership Change Form should you wish to sell the property in the future. If you have any questions, please feel free to contact me at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. Sincerely, Mikal Willmer Environmental Specialist Enclosure:Inspection Report Narne/Ownership Change Form cc: MSC 1617-Central Files WQ Asheville Files G:\WR\WQ\Haywood\Wastewater\GeneraI\NCG55 SFR\NCG550292-Hutto\Inspect.October 28,2016\CEI Letter 10-28- 16.docxx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires B-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPIDES yr/molday Inspection Type Inspector Fac Type I- I 1 2 Li 3 1 NCG550292 11 121 16/10/28 1 17 18 Lci 19 L!j 20 LJ 21 Lj r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---Resery d — 671 1 70 Lj 71 Lj 72 Lj 73 LJ_J74 751 1 1 1 1 1 JJ80 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 NPIDES permit Number) 10:35AM 16/10/28 13/08/01 1736 Hemphill Road Exit Time/Date Permit Expiration Date 1736 Hemphill Rd 12:OOPM 16/10128 18/07/31 Waynesville NC 28786 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 Frank D Hufto,1736 Hemphill Rd Waynesville NC 28786/// Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&MaintenancE 0 Self-Monitoring Program Facility Site Review Effluent/Receiving waters Section D:Summary of Find ing/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 Daniel J Boss ARO WQ/1828-Z96-4658/ Mikal Willmer ARO WQ//828-296-4686/ 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# NPDES yr/mo/day Inspection Type (Cont.) 31__ NCG550292 21 16/10/28 17 18 JCJ Section D:Summary of Find ing/Comments(Attach additional sheets of narrative and checklists as necessary) Mikal Willmer and Dan Boss conducted a Compliance Evaluation Inspection (CEI)at 1736 Hemphill Road on 10/28/2016. The owner, Frank Hutto,was present for the inspection. The property and system appeared to be well maintained. The owner said he has the septic tank pumped out every two years. The owner'also states there is a previously unacknowledged drainfield in his yard that is connected to the septic system. The effluent pipe was buried in the stream bed and was not accessible for routine monitoring at the time of the inspection.The permittee offered to fix the pipe again if requested. Spoke with Mr. Hutto on, 11/4/2016. Requested he attempt to locate the effluent pipe a couple feet back from the stream bank so he can visually inspect the outfall. Inspector, Mikal Willmer spoke with Mr. Hutto on 11/7/2016. He stated he repaired the end of the effluent pipe and it is now accessible for permit monitoring. Inspector Mikal Willmer revisited the'site on 11/8/2016 to document the repair to the effluent pipe.The pipe was exposed and repaired, but was sifting on the stream bed. Mr. Hutto agreed to sever the pipe closer to the stream bank so it sits above the stream bed. Page# 2 Permit: NCG550292 Owner-Facility: 1736 Hemphill Road Inspection Date: 10/28/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? N El El El Does the facility analyze process control parameters,for ex: IVILSS, MCRT, Settleable Solids,pH, DO, Sludge Judge,and other that are applicable? Comment: Property is well maintained. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new El 1:1 0 1:1 application? Is the facility as described in the permit? M El 1:1 El #Are there any special conditions for the permit? 0 0 Is access to the plant site restricted to the general public? El El 0 Is the-inspector granted access to all areas for inspection? N El El El Comment: Fees are paid to date. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? N 0 If effluent (diffuser pipes are required) are they operating properly? El 0 El Comment: Effluent pipe is currently inaccessible. Mr. Hutto has the location of the pipe marked with. rebar. See summary for updated information. Septic Tank Yes No NA NE (if pumps are used)Is an audible and visual alarm operational? 0 El Is septic tank pumped on a schedule? E] Are pumps or syphons operating properly? El El N 1:1 Are high and low water alarms operating properly? 0 El Comment: Permittee has Birchfield Brothers pump out septic tank every 2 years. Owner believes a drainage field in his yard is connected to the septic/sand filter system. Effluent Samplinq Yes No NA NE Is composite sampling flow proportional? El N El Is sample collected below all treatment units? El 0 1:1 Is proper volume collected? El El 0 Is the tubing clean? Page# 3 Permit: NCG550292 Owner-Fac!14: 1736 Hemphill Road Inspection Date: 10/28/2016 Inspection Type: Compliance Evaluation Effluent Samplingg Yes No NA NE #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees El El N El Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type F1 F-1 representative)? Comment: Effluent pipe is inaccessible. See summary for updated information.The system wa.s not discharging as of 11/8/16. Page# 4 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary iterResources S. JAY ZIMMERMAN FNviRiONIVIENTAL QUALITY Director November 21, 2016 Steve Koster PO Box 547 Franklin,NC 28744 SUBJECT: Compliance Evaluation Inspection Single Family Residence Permit: 5850 Georgia Rd. Permit No: NCG551116 Macon County,NC Dear Mr. Koster: On October 24, 2016 Dan Boss and I with the Asheville Regional Office (ARO) conducted a Compliance Evaluation Inspection(CEI)of the Single Family Residence(SFR)wastewater system located at 5850 Georgia Rd. The property and system were well maintained and appeared to be in compliance with NPDES Permit No NCG551116. Please refer to the enclosed inspection report for additional observations and recommendations. I have also attached a Name/Ownership Change Form should you wish to sell the property in the future. If you have any questions, please feel free to contact me at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. Sincerely, Mikal Willmer Environmental Specialist Enclosure:Inspection Report Natne/Ownership Change Form cc: MSC 1617-Central Files WQ Asheville Files G:\WR\WQ\Macon\Wastewater\General\NCG55 SFR\NCG5511.16 Koster\Inpsect.October 24,2016\CEI Letter 10-24-16.docx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPIDES yr/moiday Inspection Type Inspector Fac Type I IN 1 2 15 1 3 NCG551116 11 121 16/10/24 17 18 ICI 19 1 1 20H I 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --Reserved-- 671 j 70 L_j 71 Lj 72 L�j 73Lj_j74751 111 1 11180 Section B:FacH ity 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) 01:05PM 16/10/24 13/08/01 Steve Koster Excavating Exit Time/Date Permit Expiration Date Lot 2272 01:55PM 16/10/24 18/07/31 Otto NC 28763 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 Steve Koster,PO Box 547 Franklin NC 28744//828-349-3489/ Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit E Operations&maintenancE 0 Seif-monitoring Program N 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 -4658/ Daniel J Boss ARO WQ//828-296 Mikal Wilmer ARO WQ//828-296-4686/ \17 Signature of ManagemegPO—Akeviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# ------ ------ NPIDES yr/mo/day Inspection Type (Cont.) 31 NCG551116 121 16/10/N 17 Section D:Summary of Find ing/Comments(Attach additional sheets of narrative and checklists as necessary) Inspectors Mikal Willmer and Dan Boss with the Asheville Regional Office(ARO) conducted a Compliance Evaluation Inspection of the Single Family Residence(SFR)wastewater treatment system located at 5850 Georgia Rd on October 24, 2016. Owner Steve Koster was present and assisted in the inspection. Mr. Koster's records indicated the septic tank was last pumped in June of 2007 by B&B Septic.This is a commercial property. Only one employee is present during the day. Mr. Koster checks all system components weekly.Annual samples are taken from the contact chamber following chlorination,The system was not discharging at the time of the inspection.The system appeared to be well operated and maintained in compliance with General Permit NCG551116.Annual samples were sent to Environmental Inc. Mr. Koster will provide results to ARO when complete. Page# 2 Permit: NCG551116 Owner-Facility: Stove Koster Excavating Inspection Date: 10/24/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 El El El Does the facility analyze process control parameters,for ex: MLSS, MCRT Settleable El El 0 n Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The system was well maintained, Mr. Koster performs weekly checks on the system. Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new El El M 0 application? Is the facility as described in the permit? El E] #Are there any special conditions for the permit? E] El M, Is access to the plant site restricted to the,general public? El El 0 El Is the inspector granted access to all areas for inspection? 0 El El 0 Comment: Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? M El El Is septic tank pumped on a schedule? M El El El Are pumps or syphons operating properly? 0 n - 11 n Are high and low water alarms operating properly? M El 11 Comment: Tank was last-pumped in June of 07, however, Mr. Koster checks the system weekly and maintains a digital loci. Currently only I employee is at the business on a daily basis. Mr. Koster showed inspectors his maintenance logs during the inspection. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? El El E] Are the tablets the proper size and type? 0 El Number of tubes in use? 2 Is the level of chlorine residual acceptable? 1:1 D El M Is the contact chamber free of growth, or sludge buildup? 0 El El 1:1 Is there chlorine residual prior to de-chlorination? 11 El [Is Comment: Chlorine tablets rated for wastewater were in use at the time of the inspection. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? M El El 11 Are the receiving water free of foam other than trace amounts and other debris? M El El El Page# 3 Permit: NCG551116 Owner-Facility: Steve Koster Excavating Inspectio n Date: 10/24/2016 inspection Type: Compliance Evaluation Effluent Pil2e Yes No NA NE If effluent (diffuser pipes are required) are they operating properly? E] 0 N El Comment: The effluent pbe is located on a rocky embankment above the river. Effluent Sampling Yes No NA NE. Is composite sampling flow proportional? Is sample collected below all treatment units? El N n n Is proper volume collected? El El 0 0 Is the tubing clean? 0 El #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees 1:1 El N 1:1 Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type representative)? Comment: The system was not discharging during the inspection.The annual sample�are collected 'from an additional chamber following chlorination since the system does not discharge. Page# 4 A MEANNIkk PAT MCCRORY Govemor AW. DON I ALD R. VAN DER VAART secretary WaterResources S. JAY ZIMMERMAN E14VIR014MENTAL QUALITY Director November 21, 2016 DWR# 16-0321 Macon County Highlands Biological Foundation Attn: Sonya Carpenter 265 North 6h Street Highlands,NC 28741 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Highlands Biological Station Dear Ms. Carpenter: You have our approval for the impacts listed below for the purpose described in your application dated March 17' 2016, and received by the Division of Water Resources (Division) on March 3 1, 2016 and additional information received via email on November 18, 2016. These impacts are covered by the attached Water Quality General Certification Numbers 3 883 & 3 890 and the additional conditions listed below. This certification is associated with the use of Nationwide Pen-nit Numbers 3 &42 once they are issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buff6r regulations. I This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [I 5A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Open Water Impact 0 1 0.1725 acres Impact 02 0.0004 acres State ofNorth Carolina Enviromnental Quality I Water Resources 2090 US Hwy 70 Swannanoa,North Carolina 28778 828 296-4500 Highlands Biological Station DWR#16-0321 401 APPROVAL Page 2 of 4 Impact 03 0.0006 acres Stream Impact S 1 69 feet Wetland Impact Wl 0.0386 acres Impact W2 0.0021 acres 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [1 5A NCAC 02H .0507(d)(2)] 3. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill,the permitee/contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions,of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15ANCAC 02H .0506 (b)(3) and(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 2 1 A] 4. All temporary impacted areas shall be restored to pre-construction natural conditions upon completion of the project. [15ANCAC 02H .0506 (b)(2) and(c)(2)] 5. The receiving stream(Mill Creek) shall be monitored for turbidity and sedimentation throughout the duration of the project. If water quality standards are contravened, the. dredging activities shall be stopped immediately and the applicant shall contact Tim Fox with the Division at 828-296-4664. [15A NCAC 02B .0200] 6. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources commission(NCWRC) email dated November 18, 2016 (attached) 1 5A NCAC 02H .0506 (b)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the Highlands Biological Station DWR#16-0321 401 APPROVAL Page 3 of 4 original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)43 1-3 100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service: If sendi ng via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources t601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Tim Fox at 828-296-4664 or tim.foxoancdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3893 & 3890 Certificate of Completion WRCletterdated: 11/18/16 Highlands Biological Station DWR#16-0321 401 APPROVAL Page 4 of 4 cc: Philip Ellis—Robinson Design Engineers(via email) Jim Costa—Highlands Biological Station David Brown—USACE Asheville Regulatory Field Office(via email) Andrea Leslie—NCWRC(via email) Byron Hamstead—USFS(via email) Stan Aiken-Division of Energy,Mineral,and Land Resources(via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:XWR\WQ\Macon\401s\Non-DOT\Highlands Biological Station\Approval.401 Highlands Biological Station 11-18-2016.docx PAT .MCCRORY Governor DONALD R. VAN DER. VAART WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 21 2016 Dan Harbaugh, Executive Director Whittier Sanitary District and Tuckaseigee Water&Sewer Authority 1246 West Main Street Sylva, NC, 28779 Subject: Permit No. WQ0038875 Whittier Sanitary District and Tuckaseigee Water&Sewer Authority Pepsi Distribution Center Wastewater Collection System Extension Permit Jackson County Dear Mr. Harbaugh: In accordance with your application received November 3, 2016, and additional information received on November 10, 2016, we are forwarding herewith Permit No. WQ0038875 dated November 21, 2016,to the Whittier Sanitary District and Tuckaseigee Water& Sewer Authority (Permittee) for the construction and operation upon certification 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 the following conditions contained within this permit: Condition IIA: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Whittier Sanitary District and Tuckaseigee Water&Sewer Authority Permit No. WQ0038875 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Jared L. DeRidder, P.E.—WGLA Engineering(electronic copy) Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Jackson\Collection Systems\TWASA#1 Collection System\WQ0038875 Pepsi Dist Center.docx Page 2 of 9 Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina-as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Whittier Sanitary District and Tuckaseigee Water&Sewer Authority Jackson County for the construction and operation of approximately 196 linear feet of 8-inch gravity sewer to serve a beverage distribution warehouse as part of the Pepsi Distribution Center project, and the discharge of 1,050 gallons per day of collected domestic wastewater into the Tuckaseigee Water& Sewer Authority existing sewerage system, pursuant to the application received November 3, 2016 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 Environmental Quality and considered-a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0038875 Permit issued: November 21,2016 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Whittier Sanitary District and Tuckaseigee Water & Sewer Authority is hereby authorized to: Construct, and then operate upon certification the aforementioned-wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Whittier Wastewater Treatment Facility in accordance with Permit Number NCO087602. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. it shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent u pon compliance with the Standard Conditions identified below. 1. STANDARD CONDITIONS 1.. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC UT.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T, the Division's Gravity Sewer'Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of-Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 9 c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general obse rvation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and, the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. L Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) Page 5 of 9 - --------- 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.IC(al)] 6.- Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting docu m- ents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement then a copy of the Articles of incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested Page 6 of 9 modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification &activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall.not be certified until corrected. If there is an unforeseen obstacle in the field where all viable-solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's G ravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any andall statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 [THIS PAGE INTENTIALLY LEFT BLANK] Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: WHITTIER SANITARY DISTRICT AND TUCKASEIGEE WATER&SEWER AUTHORITY PERMIT#: WQ0038875 PROJECT: PROJECT NAME ISSUE DATE: November 21, 2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERIVIrrTEE'S CE RTIFICATION 1,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEER'S CERTIFICATION as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (n periodically, n weekly, [:] full time) the construction of the project name and location as referenced above for the above Permittee hereby state that,to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T;,the Division of Water Resources' (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 w/signature &date: Final Partial (include description) ......................................................................... Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70,Swannanob, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 PAT.M.CGRORY PONALDR-NTAN DER.,VAART 04W S, AN Certified Mail #7015 1520 0003 5463 1209 Return Receipt Reguested November 21, 2016 Mountain Magic 1 PO Box 1861 Franklin, NC 28744 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-PC-0567 Permit No. NCG551251 574 Tryphosa Rd. Macon County Dear Permittee: -your property located at 574 Tryphosa Rd. has a General NPDES permit with the State of North Carolina. This permit is for a Single Family Residence (SFR)wastewater treatment system that discharges into a waters of the State. As owners, you are responsible for maintaining this system in compliance with the current NCG550000 permit. A copy of this permit can be found online at http://deg.nc.goy/about�&�/�`divisionslwater-resources/­­water-resources-permits/wastewater-branch/`npdes- wastewater/general-perm its. The North Carolina Division of Water Resources conducted a Compliance Evaluation Inspection of the system on October 24, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG551251. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office (ARO). The following deficiencies were noted during the inspection: Inspection Area Description of Deficiencies Effluent Sampling Annual sampling records were not available at the time of the inspection. [NCG550000 Part I. A. Effluent Limitations and Monitoring Requirements(see table in NCG550000 permit)] Disinfection-Tablet Tablets were not present in the chlorination tube. [NCG550000 Part 1. A. 4. Permit Conditions(Operations &Maintenance) All system components, including but not necessarily limited to, septic tanks, surface sand filters, other filter components, pump/recirculation tanks, disinfection units and the outfalls shall be maintained at all times and in good operating order.] Permit Current owner is not the permittee. Change of ownership needed. Septic Tank Septic tank maintenance records were not available at the time of the inspection. [NCG550000 Part 1.A. 3. Permit Conditions(Operations&Maintenance) Septic tanks shall be inspected at least yearly to determine if solids must be removed or- other maintenance is necessary. Septic tanks shall be pumped out every five yea,,__ or when the solids level is found to be more than 1/3 of the liquid depth in any compartment.] Effluent Pipe Unable to locate effluent pipe. [NCG550000 Part i. A. 4. (Operations&Maintenance) All system components, including but not necessarily limited to, septic tanks, surface sand filters, other filter components, pump/recirculation tanks, disinfection units and the outfalls shall be maintained at all times and in good operating order.] Corrective Measures for the deficiencies noted above: Effluent Sampling: Sample or document no discharge and submit to ARO. Disinfection-Tablets: Submit proof of purchase for chlorine tablets (rated for wastewater)to ARO. Permit: Complete and submit the attached Name/Ownership Change Form to Raleigh. Septic Tank: Provide receipt of septic tank pumping and/or maintenance records to ARO. ,Effluent Pipe: Locate effluent pipe and additional treatment units and submit a sketch of the layout to ARO. Compliance Issue(s): Vegetation surrounding the treatment units was overgrown. Access should be maintained to all treatment areas for monitoring and routine maintenance. Remedial actions should have already been taken to correct these problems and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon receipt of this Notice regarding your plans or measures to be taken to address the indicated deficiencies and compliance issues. If you should have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supp rvisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Name/Ownership Change Form Cc: WQS Asheville Regional Office- Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File G:\WR\WQ\Macon\Wastewater\General\NCG55 SFR\NCG551251 Mountain Magic 1 (formerly Gasperin)\Inspect. October 24, 2016\NOD- 2016-PC-0567.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPIDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 NCG551251 11 121 16/10/24 J17 181,-1 191 S I 20LJ 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --Reserved-- 671 70[_j 71 L_j 72 LNJ 73L 751 1 1 1 1 1 1 _LJ74 _U80 Section 6:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also inclu-de Entry Time/Date Permit Effective Date POTW name and NPDES Permit Number) 12:05PM 16/10/24 07/08/01 574 Tryphosa Road Exit Time/Date Permit Expiration Date 574 Tryphosa Rd 12:30PM 16/10/24 12/07/31 Otto NC 28763 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official[Title/Phone and Fax Number Contacted L No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit N Operations&MaintenanCE 0 Self-Monitoring Program E Facility Site Review Effluent/Receiving Waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklist s as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Daniel J Boss ARO WQ//828-296-4658/ Mikal Willmar ARO WQ//828-296-4686/ Signature of Management Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 31 NCG551251 121 16/10/24 17 18 ICI Section D:Summary of Find ing/Comments(Attach additional sheets of narrative and checklists as necessary) Mikal Willmer and Dan Boss with the Asheville Regional Office conducted a Compliance Evaluation Inspection of the Single Family Residence(SFR)wastewater treatment system located at 574 Tryphosa Rd on October 24, 2016. Inspectors were unable to meet onsite with the current owner, Magic Mountain 1. Listed permittee is not the current owner, change of ownership needed. Septic tank maintenance and annual sampling records were not available at the time of the inspection. Could not locate and identify all treatment units. This property appeared to be vacant.Vegetation surrounding treatment units was overgrown, Page# 2 Permit: NCG551251 Owner-Facility: 574 Tryphosa Road inspection Date: 10/24/2016 Inspection Type: Compliance Evaluation 0 erations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? El M El El Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge Judge,and other that are applicable? Comment: Lot appeared to be vacant. Maintenance was minimal and vegetation overgrown surrounding- treatment units. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new 0 El 0 El application? Is the facility as described in the permit? El M El 1:1 #Are there any special conditions for the permit? El 1:1 M El Is access to the plant site restricted to the general public? 11 0 Is the inspector granted access to all areas for inspection? 0 M F1 n Comment: Could not locate and identify-all treatment units. Inspectors could not lift.all concrete lids. Unable to contact and meet onsite with current owner, Magic Mountain 1. Change of ownership needed. Septic Tan Yes No NA NE (if pumps are used)Is an audible and visual alarm operational? 0 El 0 M Is septic tank pumped on a schedule? El 0 El Are pumps or syphons operating properly? 1:1 0 Are high and low water alarms operating properly? 11 El 13 M Comment: Sep ic maintenance records were not available at the time of the inspection. Could not identify septic tank. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? El 0 El El Are the tablets the proper size and type? El 0 El 1:1 Number of tubes in use? 0 Is the level of chlorine residual acceptable? El El Is the contact chamber free of growth,or sludge buildup? 0 El Is there chlorine residual prior to de-chlorination? El El 11 0 Comment: Appeared to be pool tablets sifting in the-chlorination chamber. Bottle was faded, could not make out brand. Tablets were not present in the chlorination tube. Flow was not Dresent in chlorination chamber. Page# 3 Permit: NCG551251 Owner-Facility: 574 Tryphosa Road Inspection Date: 10/24/2016 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? 0 n E] If effluent (diffuser pipes are required) are they operating properly? 0 0 El Comment: Unable to locate effluent pipe. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? El ME] Is sample collected below all treatment units? El El N El Is proper volume collected? n El 0 n Is the tubing clean? E] 1:1 N #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees E] El 0 1:1 Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type N El 11 representative)? Comment: Annual sampling records were not available at the time of the inspection. Page# 4 PAT MCCRORY Governor DONALD R. VAN DER VA.ART Secretary S. JAY ZIMMERMAN WaterResources ENVIRONMENTAL QUALITY Director November 21,2016 Mr.Adam Berry 1854-A Hendersonville Road#107 Asheville,NC 28803 Subject: Stream Identification Request Dear Mr.Berry: This letter provides the findings of a site visit to Buncombe County Parcel Identification Number 9655- 34-7443-00000 at 65 Mills Gap Road in Asheville,NC conducted on November 21,2016 to provide a stream determination. The stream feature is shown as a blue line on the Buncombe County GIS website (see attached map)and enters the subject property at the northeastern property boundary and flows southwest to the confluence of Dingle Creek. Dingle Creek is a perennial stream that bisects the subject property and flows to the western p areel boundary. The results of the stream determination were as follows: Features Score Comments Geomorphology 18 -Hydrology ..._ 8 Biology 7 Total 33 Perennial Determination: Stream Determination Please be aware that there may also be jurisdictional wetlands on site that will require a jurisdictional determination by the United States Army Corps of Engineers(USACOE). You can reach William Elliott with the USACOE at 828-271-7980 ext. 224. This on-site determination shall expire five(5)years from the date of this letter. Landowners or affected parties th.at dispute a determination made by the Division of Water Resources(DWR)may request a determination,by the Director. An appeal request must be made within sixty(60)days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR—401 &Buffer Permitting Unit; 1617 Mail Service Center; Raleigh,NC 27699-1617. If sending via delivery service(UPS,FedEx, etc.): Karen Higgins;DWR—401 &Buffer Permitting Unit; 512 N. Salisbury Street;Raleigh,NC 27604. November 21,2016 Page 2 of 2 This determination is final and binding unless, as detailed above, an appeal is requested within sixty(60) days. Please contact me if I can be of any further assistance: 828-296-4650 or kevin.mitchell@ncdenr.gov. Sincerely, Kevin Mitch-ell Environmental Specialist—Asheville Regional Office Water Quality Regional Operation Section NCDEQ—Division of Water Resources Enclosures: Buncombe County GIS Map GAWR\WQ\J3uncombe\Strearn Calls\65 Mills Gap Road\StreamDetermination_65 Mills Gap Road.doex PATMCCRORY Governor DONALD R. VAN DER. VAARX Secrefury S. JAY ZIMMERMAN WaterResources ENVIRONMENTAL QUALITY November 21,2016 Scott Austin, Managing Partner Murphy Ventures, LLC PO Box 9775 Greensboro, NC, 27429 Subject: Permit No.WQ0038876 Murphy Ventures, LLC Murphy Ventures LLC RV Resort Wastewater Collection System Extension Permit Cherokee County Dear Mr. Austin: in accordance with your application received October 28, 2016, we are forwarding herewith Permit No. WQ0038876 dated November 21, 2016, to Murphy Ventures, LLC (Permittee) for the construction and operation upon certification 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 the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable;,a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. if any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity Affirmative Action Employer—Made in part by recycled paper M u rphy Ventures, LLC Permit No.WQ0038876 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or via e-mail at ti,m.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ enclosure: Operational Agreement(if required) cc: Larry Lackey Jr. P.E.—CEtech Associates (electronic copy) M.Scott Helton,ORC-Town of Murphy WWTP Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Cherokee\Collection Systems\Murphy Collection System\WQ0038876 Murphy Ventures RV Park.docx Page 2 of 9 N1C_ Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Murphy Ventures, LLC Cherokee County for the construction and operation of approximately 1,621 linear feet of 6-inch gravity sewer, 1,759 linear feet of 8-inch gravity sewer; a 50—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a portable generator receptacle; as well as approximately 680 linear feet of 3-inch force main to serve a 105 site RV park with a swimming pool, business office and laundry as part of the Murphy Ventures LLC RV Resort project, and the discharge of 12,150 gallons per day of collected domestic wastewater into the Town of Murphy's existing sewerage system, pursuant to the application received October 28, 2016 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 Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0038876 Permit Issued: November 21,2016 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Murphy Ventures, LLC is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Murphy Wastewater Treatment Facility in accordance with Permit Number NCO020940. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. SPECIAL CONDITIONS 1. This permit shall become voidable unless the agreement between MURPHY VENTURES, LLC and The Town of Murphy for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h)] 2. 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. [15A NCAC 02T.0115] STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T, the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] Page 4 of 9 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 213 .0506(a),and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A.Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. Page 5 of 9 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the'occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.Si 143- 215AC(al)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form., A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains)-of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (Cb or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. if a portable power Page 6 of 9 source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification &activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Fe deral, State, of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 [THIS PAGE INTENTIALLY LEFT BLANK] Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION. PERMITTEE: MURPHY VENTURES LLC PERMIT#: WQ0038876 PROJECT: MURPHY VENTURES LLC RV RESORT ISSUE DATE: November 21, 2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. it should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION 1,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEER'S CERTIFICATION ------ as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (E] periodically, 0 weekly, 0 full time) the construction of the Murphy Ventures LLC RV Resort and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (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 w/signature &date: Final F-1 Partial (include description) ...................................................................... Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary aterResources S. JAY ZIMMERMAN rENVIRONMEENTAL QUALITY Director November 21, 2016 William Mulcay 902 W Palmetto St. Wauchula, FL 33873 SUBJECT: Compliance Evaluation Inspection Single Family Residence Permit: 35 Weebetook Way PermitNo: NCG550343 Haywood County,NC Dear Mr. Mulcay: On October 28, 2016, Dan Boss and I with the Asheville Regional Office (ARO) conducted a Compliance Evaluation Inspection(CEI)of the Single Family Residence(SFR)wastewater system located at 3 5 Weebetook Way. The property and system were well maintained and appeared to be in compliance with NPDES Permit No NCG550343. Please refer to the enclosed inspection report for additional observations and recommendations. I have also attached a Name/Ownership Change Form should you wish to sell the property in the future. If you have any questions, please feel free to contact me at 828-296-4686 or by email at mikal..willmer@ncdenr.gov. Sincerely, Mikal 7ilh2r Environmental Specialist Enclosure:Inspection Report Name/Ownership Change Form cc: MSC 1617-Central Files WQ Asheville Files G:\WR\WQ\Haywood\Wastewater\General\NCG55 SFR\NCG550343-Mulcay\lnspect.October 28,2016\CEI Letter 10-28- 16.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPIDES yr/mo/day Inspection Type Inspector Fac Type I IN 1 2 15 1 3 NCG550343 11 121 16/10/28 1 17 18 ICI 19 L!j 20H 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' 1 1 1 _I I I I I I I I I I f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --Reserved-- 671 70 L_j 71 Lj 72 L�j 73LJJ74 751 1 1 1 1 1__U80_ Section B:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES Permit Number) 12:30PM 16/10/28 13/08/01 35 Weebetook Way Exit Time/Date Permit Expiration Date 35 Weebetook Way 01:OOPM 16/10128 18/07/31 Maggie Valley NC 28751 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 William T Mulcay,902 W Palmetto St Wauchula FL 33873M Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit N operations&maintenancE N Self-monitoring Program 0 Facility Site Review Effluent/Receiving waters Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Daniel J Boss ARO WQ//828-296-4658/ Mikal Willmer ARO WQH828-296-4686/ 4/ Signature of Managpm9M*,kRe41vver Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 31 NCG5503!L___]'1 121 16/10/28 17 18 ici Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Inspectors Mikal Willmer and Dan Boss with the Asheville Regional Office(ARO) conducted a Compliance Evaluation Inspection (CEI) on 10/28/2016 at 35 Weebetook Way. The property and system were well maintained. The owner, Mr. Mulcay,was contacted but not available to meet onsite. The septic tank was pumped in June of 2016. The chlorination tubes were packed full of chlorine tablets and the bottom tablet was barely touching the water, We asked the owner to clean out the chlorination tubes and restock them with fewer tablets. It was confirmed that the owner is using the correct type of chlorination tablets. No discharge was visible at the time of inspection. This is a vacation home. The owner stated that sampling was performed in previous years when a regular discharge was observed. Mr. Mulcay will send previous years'results at the beginning of the year when he returns. Page# 2 Permit: NCG550343 Owner-Facility: 35 Weebetook Way Inspection Date: 10/2 8/2016 InspectionType: Compliance Evaluation Operations& Maintenance Yes No NA NE .Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex: IVILSS, MCRT, Settleable E] D 0 11 Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: The property around the treatments units was well maintained. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new El R 0 , El application? Is the facility as described in the permit? 0 El 1:1 1:1 #Are there any special conditions for the permit? El R 0 1:1 Is access to the plant site restricted to the general public? El El M R Is the inspector granted access to all areas for inspection? M 0 El E] Comment: It should be noted this property is a seconda[y home for the permittee. Flow was not observed during the inspection.Very little water present in chlorination chamber. Septic Tank Yes No NA NE (if pumps are used)Is an audible and visual alarm operational? 1:1 El 0 11 Is septic tank pumped on a schedule? 0 El 11 E] Are pumps or syphons operating properly? 1:1 El M 1:1 Are high and low water alarms operating properly? El 0 Comment: Mr. Mulcay provided receipt of septic tank ournping.The tank was pumped in June of 2016. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? M El E] E] Are the tablets the proper size and type? 0 El El 1:1 Number of tubes in use? 2 Is the level of chlorine residual acceptable? El 11 El M Is the contact chamber free of growth, or sludge buildup? 0 El El 1:1 Is there chlorine residual prior to de-ch lori nation? 0 1:1 M Comment: Chlorine tablets Were in use, however,the tablets had crumbled and the tubes were filled to the top.The chlorination tubes-should be cleaned out and restocked. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 El Are the receiving water free of foam other than trace amounts and other debris? M El Page# 3 Permit: NCG550343 Owner-Facility: 35 Weebetook Way Inspection Date: 10/28/2016 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE If effluent (diffuser pipes are required) are they operating properly? El 0 N El Comment: Flow was not present. Effluent pipe is located along a d[Y ditch behind the house, Effluent Sampling Yes No NA NE Is composite sampling flow proportional? El N Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? El 0 n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type 1:1 El E] representative)? Comment: Sys'tem was not discharginq during the inspection.This is a secondarV home. Mr. Mulcay will send results from previous years when there was discharge. The owner states the system has not discharged in recent years due to infrequent use. Page# 4 PAT NIC.CRORY DONALD R.. VAN DER VAART S, JAY.21MNIERMAN Dowvr Certified Mail #7015 1520 0003 5463 131S Return Receipt Reguested November 21, 2016 Sherlea Dony & Dona Lipuma 732 Hidden Valley Rd. Clyde, NC 28721 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-PC-0572 Permit No. NCG550381 732 Hidden Valley Road Haywood County ,�---ar Permittee: Your property located at 732 Hidden Valley Rd. has a General NPDES permit with the State of North Carolina. This permit is for a Single Family Residence (SFR) wastewater treatment system that discharges into a waters of the State. As owners, you are responsible for maintaining this system in compliance with the current NCG550000 permit' A copy of this permit can be found online at http:lldeq.nc.govlabout/divisions/water-r.eso,,u...rceslwater- resou rces-perm its/wastewater-bra nch/n pdes-wastewaterlgenera I-12erm its The North Carolina Division of Water Resources conducted an inspection at 732 Hidden Valley,Road on October 28, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550381. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office (ARO). The following deficiencies were noted during the inspection: Inspection Area Description of Deficiencies Effluent Sampling Annual sampling records were not available at the time of inspection. [NCG550000 Part 1. A. Effluent Limitations and Monitoring Requirements(see table in NCG550000 permit)] Effluent Pipe Effluent pipe was damaged and clogged with sediment. [NCG550000 Part I. A. 4. (Operations&Maintenance)All system components, including but not necessarily limited to, septic tanks, surface sand filters, other filter components, pump/recirculation tanks, disinfection units and the outfalls shall be maintained at all times and in good operating order.] Permit Owner is not the listed permittee. Change of ownership needed. Septic Tank Septic tank maintenance records were not available at the time of inspection. [NCG550000 Part 1. A. 3. Permit Conditions(Operations&Maintenance) Septic tanks shall be inspected at least yearly to determine if solids must be removed or if other maintenance is necessary. Septic tanks shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment.] Corrective Measures for deficiencies noted above: Effluent Sampling: Sample or document no discharge and submit to ARO. Permit: Complete and submit enclosed Name/Ownership Change Form to Raleigh. Septic Tank: Provide receipt of septic tank maintenance records to ARO. Effluent Pipe: Repair effluent pipe. Submit documentation of repair to ARO. Remedial actions should have already been taken tocorrect this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon receipt of this Notice regarding your plans or measures to be taken to address the indicated deficiencies and compliance issues. r-_')� A Technical Bulletin, detailing the key points of the NCG550000 permit, is attached for your records. If you shou16 have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4686 or by email at mikal.wilimer@ncdenr.gov. Sincerely, G. Landon Davidson, P.G.,�Regiona -Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Name/Ownership Change Form Technical Bulletin Cc: WQS Asheville Regional Office- Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File G:\WR\WQ\Haywood\Wastewater\General\NCG55 SFR\NCG550381-Dony&Lipuma\Inspect. October 28, 2016\NOD-2016-PC-0572.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires B-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yrtmo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 NCG550381 11 121 16/10/28 17 18 19 S 20 Lj 21 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA ----Reserved 671 70 71 L_j 72 [_�j 73 LLJ74 751 1 1 1 1 __I__U80 Section 8:Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Dale POTW name and NPIDES Permit Number) 12:30PM 16110/28 13/08/01 732 Hidden Valley Road Exit Time/Date Permit Expiration Date 732 Hidden Vly Rd 01:00PM 16/10128 18/07/31 Clyde NC 28721 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 ec". 00-14 oanc�' VL.V\C�_ Contacted No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit operations&maintenance 0 Self-monitoring Program N 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 Inspectoir(s) Agency/Office/Phone and Fax Numbers Date Daniel J Boss ARO WQH828-296-4658/ ARO WQH828-296-4686/ Mikal Willmer Signature-of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date —j EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/molday Inipection Type (Cont.) 31 NCG550381 121 16/10/28 17 18 JCJ Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Inspectors Mikal Willmer and Dan Boss with the Asheville Regional Office (ARO)conducted a Compliance Evaluation Inspection on 10/28/2016 at 732 Hidden Valley Rd. The inspectors were unable to contact or meet the current owners onsite. The property appeared to be well maintained. We were unable to acquire sampling records or septic tank maintance records.The effluent pipe was damaged with cracks and was filled with sediment. No discharge was occuring at the time of the inspection. The current owner is not the listed permittee. Change of ownership is needed. Of Page# 2 Permit: NCG550381 Owner-Facility: 732 Hidden Valley Road Inspection Date: 10/28/2016 Inspection Type: Compliance.Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 El R 1:1 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable N El Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: Property was well maintained. Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new El El N El application? Is the facility as described in the permit? 0 El 1-11-1 #Are there any special conditions for the permit? R 0 1:1 Is access to the plant site restricted to the general public? N 1:1 Is the inspector granted access to all areas for inspection? El 0 Comment: Current listed permittee is not the owner. Change of ownership is needed. Septic Tan Yes No NA NE (if pumps are used)Is an audible and visual alarm operational? El M Is septic tank pumped on a schedule? El 0 R El Are pumps or syphons operating properly? R El M El Are high and low water alarms operating properly? F1 0 Comment: Septic tank maintenance records were not available at the time of inspection. Effluent Pip Yes No NA NE Is right of way to the outfall properly maintained? E El El 1:1 Are the receiving water free of foam other than trace amounts and other debris? 0 M El M If effluent (diffuser pipes are required) are they operating properly? El El 0 0 Comment: Sediment in outfall pipe. Pipe wa also damaged. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 N El Is sample collected below all treatment units? El 0 0 El Is proper volume collected? 11 M 0 n Is the tubing clean? El M 0 1:1 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees El 0 M 1:1 Celsius)? Page# 3 -------------- Permit: NCG550381 Owner-Facility: 732 Hidden Valley Road Inspection Date. 10/28/2016 Inspection Type: Compliance Evaluation Effluent Samp ing Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type El N' El El representative)? Comment: Annual samplinq records were not available at the time of inspection. The system was not dischaming during the inspection. Page# 4 PAT MCCRORY O'ONAL:i�:k.. VAN DE.R."VA.ART tNVfA*N" fAL ALf rV S.- TA�XZIMMJ�,Rk% N Certified Mail #7015 1520 0003 5463 JL216 Return Receipt Reguested November 21, 2016 Walter L Propst 9174 Oak Alley Dr. Lake Worth, FL 33467 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-PC-0568 Permit No. NCG550866 5718 Georgia Highway Macon County -,ar Permittee: The North Carolina Division of Water Resources conducted a Compliance Evaluation Inspection of the Single Family Residence (SFR) wastewater treatment system located at 5718 Georgia Highway on October 24, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550866. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation Inspection was conducted by Division of Water Resources staff from the Asheville Regional Office (ARO). The following deficiencies were noted during the inspection: Inspection Area Description of Deficiencies Effluent Sampling Annual sampling records were not available at the time of the inspection. [NCG550000 Part I.A. Effluent Limitations and Monitoring Requirements(see table in NCG550000 permit)] Operations &Maintenance Unable to locate treatment units. [NCG550000 Part 1. A. 3. Permit Conditions (Operations&Maintenance) Septic tanks shall be inspected at least yearly to determine if solids must be removed or if other maintenance is necessary. Septic tanks shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment.] Septic Tank Septic tank maintenance records were unavailable at the time of the inspection. [NCG550000 Part 1. A. 3. Permit Conditions(Operations& Maintenance) Septic tanks shall be inspected at least yearly to determine if solids must be removed or if other maintenance is necessary. Septic tanks shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment.] Effluent Pipe Unable to locate effluent pipe. [NCG550000 Part 1. A. 4. (Operations&Maintenam.,,, All system components, including but not necessarily limited to, septic tanks, surface sand filters, other filter components, pump/recirculation tanks, disinfection units and the outfalls shall be maintained at all times and in good operating order.] Corrective Measures for the deficiencies noted above: Effluent Sampling: Sample or document no discharge and submit to ARO. Operation and Maintenance: Locate treatment units and submit a sketch of the layout to ARO. Septic Tank: Provide receipt of septic tank pumping and/or maintenance records to ARO. Effluent Pipe: Locate and maintain access to the effluent pipe. Compliance Issue(s): Upon review of your file, it was noted the annual permit fees for the past two years are overdue. Please remit payment to address indicated on the attached invoices. Remedial actions should have already been taken to correct these problems and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon receipt of this Notice regarding your plans or measures to be taken to address the indicated deficiencies and compliance issues. A Name/Ownership Change Form is attached should you wish to sell the property in the future. If you should have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. Sincerely, �G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Name/Ownership Change Form Invoices Cc: WQS Asheville Regional Office-Enforcement File NPDES Compli-ance/Enforcement Unit- Enforcement File G:\WR\WQ\Macon\Wastewater\General\NCG55 SFR\NCG550866 Propst\Inspect. October 24, 2016\NOD-2016-PC-0568.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPIDES yr/mo/day Inspection Type Inspector Fac Type 2 [5 3 NCG550866 11 121 16/10124 117 18 1 ,1 19 20LJ 1,,1 211 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 f6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -Reserved 671, 70 L_j 1 71 L_j 72 L�j 73 LJJ74 751 1 1 1 I_j_j_j8O 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 NPIDES Permit Number) 02:OOPM 16/10/24 13/08/01 5718 Georgia Highway Exit Time/Date Permit Expiration Date 5718 Georgia Hwy 02:15PM 16/10/24 18/07/31 Franklin NC 28744 Name(s)of Onsite Representafive(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Walter L Propst,PO Box 1720 Franklin NC 28734H828-369-24681 No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 operations&maintenancE M Self-monitoring Program 0 Facility Site Review Effluent/Receiving Waters Section D:Summary of Find ing/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 Daniel J Boss ARO WQ/1828-296-4658/ Mikal Willmar ARO WQH828-296-4686/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 7V .- EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPIDES yr/mo/day Inspection Type (Cont.) 31 NCG550866 21 16/10/24 17 18 1"1 Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Inspectors Mikal WiMmer and Dan Boss with the Asheville Regional Office(ARO)conducted a Compliance Evaluation Inspection of the Single Family Residence(SFR)wastewater treatment system located at 5718 Georgia Rd. on October 24, 2016. Inspectors were unable to contact and meet onsite with the current owner, Walter Propst. Please verify current contact information with the North Carolina Division of Water Resources. Permit fees are overdue for the past two years. Septic tank maintenance and annual sampling records were unavailable at the time of the inspection, Inspectors could not locate the septic tank, sand filter trench and effluent pipe. There did not appear to be an access point located along the river near the property. Page# 2 Permit: NCG550866 Owner-Facility: 5718 Georgia Highway inspection Date: 10/24/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? El 0 0 El Does the facility analyze process control parameters,for ex:IVILSS, MCRT, Settleable E] El 0 11 Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Property appears to be vacant.Ve-getation is overgrown surrounding the building. Inspectors were unable to contact and meet onsite with the current owner, Walter Propst. Could not locate treatment units. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new 11 El 0 1:1 application? Is the facility as described in the permit? #Are there any special conditions for the permit? El n Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? 0 El Comment: Annual fees are overdue the past two years. Unable to locate treatment units. Septic Tan Yes No NA NE (if pumps are used)Is an audible and visual alarm operational? 1-1 El 0 Is septic tank pumped on a schedule? F1 N 11 Are pumps or syphons operating properly? El 11 0 Are high and low water alarms operating properly? 0 D M El Comment: Could not locate septic tank cover. Septic tank maintenance records were unavailable at the time of the inspection. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? El N El 0 Are the receiving water free of foam other than trace amounts and other debris? El 1:1 0 If effluent (diffuser pipes are required) are they operating properly? El El M El Comment: Could not locate effluent pipe. Unable to access the river running behind the house. Effluent Samplingg Yes No NA NE Is composite sampling flow proportional? El 0 N Is sample collected below all treatment units? Is proper volume collected? D El M El Is the tubing clean? 0 0, 0 El Page# 3 Permit: NCG550866 Owner-Facility: 5718 Georgia Highway Inspection Date: 10/24/2 016 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees El El N 0 Celsius)? Is the facility'sampling performed as required by the permit(frequency,sampling type E] 0 11 representative)? Comment: Annual samplinq records were not available at the time of the inspection. Page# 4 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY INVOICE 2 0 1 4 P R 0 1 Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. it covers the administrative costs associated with your permit. it is required of any person holding a permit for any time,during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation.Operating without a valid permit is a violation and is subject to a$10,000 per day fine. If the permit is revoked and you later decide a permit is needed,you must reapply,with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Invoice Number: 2014PRO10371 Annual Fee Period- 2015-12-01 to 2016-11-30 Permit Number: NCG550866 Invoice Date: 11/06/2014 Macon County Due Date: 12/0612014 5718 Georgia Highway Annual Fee: $60,00 Walter L.Propst 9174 Oak Valley Dr Lake Worth,FL 33467 I Notes: 1. You may pay either by mail with checklmoney order OR by electronic payment(eCheck or Credit Card). 2. If payment is by check/money order,please remit payment to: NCDEQ-Division of Water Resources Attn: Animal/Discharge/Non-Discharge Billing 1617 Mail Service Center Raleigh,NC 27699-1617 3. If payment is electronic,please see hftD:11deq.nc.govJwq-evavments to pay electronically, Payments by eCheck will debit your checking account. Credit card transactions Will incur a convenience fee. 4. Please include your Permit Number and Invoice Number on all correspondence. 5. A$25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512. 6. Non-Payment of this fee by the payment due date will initiate the permit revocation process. 7. Should you have any questions regarding this invoice,please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6316. . .......... .......- I.......... ......... ........... .......... .. ......... ........ (Return This Portion With Check) 2 0 1 4 P R 0 1 0 3 7 1 ANNUAL PERMIT INVOICE Overdue Invoice Number: 2014PRO10371 Annual Fee Period: 2015-12-01 to 2016-11-30 Permit Number: NCG550866 invoice Date: 11/6/2014 Macon County 5718 Georgia Highway Due Date: 12/6/2014 Annual Fee: $60.00 Walter L.Propst 9174 Oak Valley Dr Lake Worth,FL 33467 Check Number: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY INVOICE 2 0 1 5 P R 0 1 U 9 7 Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status, Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a$10,000 per day fine. If the permit is revoked and you later decide a permit is needed,you must reapply,with the understanding the permit request may be denied due to changes in environmental, regulatory,or modeling conditions. Invoice Number: 2015PRO10977 Annual Fee Period: 2016-12-01 to 2017-11-30 Permit Number: NCG550866 Invoice Date: 11/06/2015 Macon County 5718 Georgia Highway Due Date: 12/06/2015 Walter L.Propst Annual Fee: $60.00 9174 Oak Valley Dr Lake Worth,FL 33467 Notes: 1. You may pay either by mail with checklmoney order OR by electronic payment(eCheckor Credit Card). 2. If payment is by check/money order,please remit payment to: NCDEQ-Division of Water Resources Attn: Animal/DischargetNon-Discharge Billing 1617 Mail Service Center Raleigh,NC 27699-1617 3. If payment is electronic,please see hftp:lldeq.nc.gov/"LA��to pay electronically. Payments by eCheck will debit your checking account. Credit card transactions will incur a convenience fee. 4. Please include your Permit Number and Invoice Number on all correspondence. 5. A$25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512. 6. Non-Payment of this fee by the payment due date will initiate the permit revocation process. 7. Should you have any questions regarding this invoice,please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6316. .......... ..... ...... .......... ........... .......... ..... ........... .......... .........- .......... (Return This Portion With Check) 2 0 1 5 P R 0 1 0 9 7 7 ANNUAL PERMIT INVOICE Overdue Invoice Number: 2015PRO10977 Annual Fee Period: 2016-12-01-to 2017-11-30 Permit Number: NCG550866 invoice Date: 11/612015 Macon County 5718 Georgia Highway Due Date: 1216/2015 Annual Fee: $60-00 Walter L.Propst 9174 Oak Valley Dr Lake Worth,FL 33467 Check Number: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 21, 2.016 David Hallock Blue Ridge Tissue Corporation 1427 Yadkin River Rd Lenoir,NC 28645 SUBJECT: Compliance Evaluation Inspection(Residuals Facility) Blue Ridge Tissue Corporation Distribution of Class A Industrial By-Product Residuals Permit No: WQ0011532 Caldwell County Dear Mr. Hallock: Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on ­11/15/2016. The facility was found to be in compliance with permit WQ0011532. --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, Beverly P,Ce) Environmental Senior Specialist Enc. cc: MSC 1617-Central Files-Basement Asheville Files G:\WR�WQ\Caldwell\Wastewater\Non-discharge\Blue Ridge Tissue CorporationUnspection ReportsMord Docs\CEI.1 1-15-16.docx State of North Carolina I Enviromnental Quality I Water Resources 2090 U.S.Flighway 70 Swannanoa�NC 28778 8282964500 Compliance Inspection Report Permit: WQ0011532 Effective, 11/08/12 Expiration: 04/30/17 Owner: Blue Ridge Tissue Corporation SOC: Effective: Expiration: Facility: Blue Ridge Tissue Corporation County: Caldwell 1427 Yadkin River Rd Region. Asheville Contact Person: Mike Samuels Title: Phone, 828-244-5095 Directions to Facility: From Lenoir:Follow Hwy.321 N for approximately 3 miles to Roby Martin Road and turn right. Facility is located approximately 1 mile on the left. System Classifications: LA, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): 24 hour contact name David Hallock - 828-757-7505 On-site representative David Hallock 828-757-7505 Related Permits: NCO006254 Blue Ridge Tissue Corporation-Patterson Mill Inspection Date: 11/15/2016 Entry Time: 10:OOAM ExitTime: 11:00AM Primary Inspector: Beverly Price Phone: 828-296-4500 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Distribution of Residual Solids(503 Exempt) Facility Status: Compliant Not Compliant Question Areas: miscellaneous Questions Treatment (See affachment summary) Page: Permit: WQ0011532 Owner-Facility:Blue Ridge Tissue Corporation Inspection Date: 11/15/2016 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: The inspection was conducted by Beverly Price and Dan Boss of the Asheville Regional Office. Mike Samuels and David Hallock assisted with the inspection. All resiudals produced in 2016 have been landfilled in the Foothills Regional Landfill,2800 Cheraw Road Lenoir NC 28645. Residuals were hauled by Hoffman Paving. Hauling tickets were available for review. Blue Ridge Tissue has no plans to distribute residuals for the remainder of 2016. No resiudals are stored off site. Operation/maintenance logs were reviewed and appeared to be complete and up to date. Blue Ridge Tissue completed permit monitoring requirements in 2016 even though the residuals were landfilled. Page: 2 Permit: WQ0011532 Owner-Facility:Blue Ridge Tissue Corporation Inspection Date: 11/15/2016 Inspection Type Compliance Evaluation Reason for Visit: Routine Treatment Yes No NA NE Check all that apply Aerobic Digestion Anaerobic Digestion Alkaline Pasteurization(Class.A) Alkaline Stabilization(Class B) Compost Drying Beds Other Comment: The resiudals sVstem consists of two fiber traps(approximately 3000 cubic feet-each trap)for solids separation. Effluent from the traps flows to an aeration basin; residuals from the traps are land applied or landfilled. Type Yes No NA NE Land Application Distribution and Marketing Page: 3 State of North Carolina Department of Environmental Quality Division of Water Resources Water Quality Permitting Regional Staff Report November 21, 2016 To: DWR Water Qualfty Permitting Section Central Office ApplicationNo.: )MQ0011532 Attn: Troy Doby Regional Login No.: From: Bev Price Asheville Regional Offic 1. GENERAL SITE VISIT INFORMATION 1. Was a site visit conducted? Z Yes or F-1 No a. Date of site visit: 11/15/2016 b. Site visit conducted by: Bev Price c. Inspection report attached? Z Yes or F�No d. Person contacted; Mike Samuels and their contact information: (828)757-7505 e. Driving directions: From Lenoir: Follow Hw-v 321 north for approximately 3 miles to Roby Martin Road and turn riaht. Facility is located approximately 1 mile on the left. '4. PROPOSED FACILITIES FOR NEW AND MODIFICATION APPLICATIONS 1. Facility Classification: (Please attach completed rating sheet to be attached to issued permit) 2. Are the new treatment facilities adequate for the type of waste and disposal system? El Yes or n No If no, explain: 3. Are site conditions(soils, depth to water table,etc)consistent with the submitted reports? 0 Yes 0 No El N/A If no,please explain: 4. Do the plans and site map represent the actual site(property lines,wells,etc.)? 0 Yes No n N/A If no,please explain: 5. Is the proposed residuals management plan adequate? El Yes El No F]N/A If no,please explain: 6. Are the proposed application rates(e.g.,hydraulic,nutrient)acceptable? EI.Yes El No El N/A if no,please explain: 7. Are there any setback conflicts for proposed treatment, storage and disposal sites? n Yes or n No If yes, attach a map showing conflict areas. 8. Is the proposed or existing groundwater monitoring program adequate? 0 Yes El No 0 N/A If no, explain and recommend any changes to the groundwater monitoring program: 9. For residuals,will seasonal or other restrictions be required? Yes No N/A If yes, attach list of sites with restrictions(Certification 13) FORM:APSRSR 04-10 Page 1 of 3 III.EXISTING FACILITIES FOR MODIFICATION AND RENEWAL APPLICATIONS 1. Are there appropriately certified Operators in Charge(ORCs)for the facility? 0 YesE]No 0 N/A ORC: Certificate Backup ORC: Certificate#: 2. Are the design,maintenance and operation of the treatment facilities adequate for the type of waste and disposal system? El Yes or F]No If no,please explain: In October 2009 a Phase 11 Environmental Site Assessment was conducted in coijunction with the change of ownership from Sealed Air Co1poration to Blue Ridge Tissue Corporation. Groundwater monitoring was part of the assessment and showed an exceedance of Total Iron above the 2L Groundwater Standards. Further investigations by the ARO in 2012 concluded that anaerobic conditions in the fiber traps were creating conditions conducive to the release,of naturally occurring iron oxides. The ARO has been working with Sealed Air and Blue Ridge Tissue since 2012 to develop a plan to address the iron issues. This may include modification of the WWTP/fiber trps. AU modifications to the fiber trgp system will require a modification to the residuals permit WQOO 115 3 2. 3. Are the site conditions(e.g., soils,topography, depth to water table, etc)maintained appropriately and adequately assimilating the waste? H Yes or R No If no,please explain: 4. Has the site changed in any way that may affect the pennit(e.g., drainage added,new wells inside the compliance boundary,new development, etc.)? F-1 Yes or Z No If yes,please explain: 5. Is the residuals management plan adequate? Z Yes or El No if no,please explain: 6. Are the existing application rates(e.g.,hydraulic,nutrient)still acceptable? Z Yes or F-1 No If no,please explain: 7. Is the existing groundwater monitoring program adequate? F] Yes El No Z N/A If no, explain and recommend any changes to the groundwater monitoring program: The monitoring wells associated with the Phase H Assessment in 2009 and additional monitoring wells installed as a result of the 2012 ARO investigation were not included as part of the residuals permit. 8. Are there any setback conflicts for existinj treatment, storage and disposal sites? El Yes or Z No If yes, attach a map showing conflict areas. 9. Is the description of the facilities as written in the existing permit correct? Z Yes- or F1 No If no,please explain: 10. Were monitoring wells properly constructed and located? ElYesO No Z N/A If no,please explain: 11. Are the monitoring well coordinates correct in BINIS? n YesE]No Z N/A I no,please complete the following(expand table if necessary): Monitoring Well Latitude Longitude 0 1 it 0 1 If 0 1 If 0 1 If 0 1 If 0 1 if 0 1 If 0 1 If 0 1 If 0 1 If 12. Has a review of all self-monitoring data been conducted(e.g.,NDMR,NDAR, GW)? Z Yes or 0 No Please summarize any findings resulting from this review: 13. Are there any permit changes needed in order to address ongoing RIMS violations? E] Yes or Z No If yes,please explain: 14. Check all that apply: FORM:APSRSR 04-10 Page 2 of 3 No compliance issues Current enforcement action(s) El Currently under JOC F-1 Notice(s)of violation Currently under SOC F-1 Currently under moratorium Please explain and attach any documents that may help clarify answer/comments(i.e.,NOV,NOD, etc.) 15. Have all compliance dates/conditions in the existing permit been satisfied? E]Yes 0 No N N/A If no,please explain: 16. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? F-1 Yes F-1 No N N/A If yes,please explain: IV.REGIONAL OFFICE RECOMMENDATIONS 1. Do you foresee any problems with issuance/renewal of this permit? E]Yes or N No If yes,please explain: 2. List any items that you would like APS Central Office to obtain through an additional information request: Item Reason 3. List specific permit conditions recommended to be removed from the permit when issued: Condition Reason 4. List specific special conditions or compliance schedules recommended to be included in the permit when issued: Condition Reason 5. Recommendation: E] Hold,pending receipt and review of additional information by regional office Z Hold,pending review of draft permit by regional office F-1 issue upon receipt of needed additional information F-1 issue s E] Deny(Please t t reAL 6. Signature of report preparer: &111t6l— Signature of APS regional supervisono Date: t( , k , �fd V. ADDITIONAL REGIONAL STAFF REVIEW ITEMS J FORM:APSRSR 04-10 Page 3 of 3 State of North Carolina Department of Environmental Quality Division of Water Resources WATER QUALITY REGIONAL OPERATIONS SECTION NON-DISCHARGE APPLICATION REVIEW REQUEST FORM Division of Water Resources October 27,2016 To: ARO-W-WQl�_Q__-_,_-IJAid-''' 1 - id ;[Ztd�c onDavi, �son From: Troy Doby,Water Quality Permitting Section-Non-Discharge Permitting Unit PermitNumber: WQ0011532 Permit Type: Distribution of Residual Solids (503 Exempt) Applicant: Blue Ridge Tissue Corporation Project Type: Renewal Owner Type: Organization Owner in BIMS?Yes Facility Name: Blue Ridge Tissue Distribution Program Facility in BIMS?Yes Signature Authority: David Hallock Title: Vice President Address: 1.427 Yadkin River Road,Lenior,North Carolina 28645-9041 County: Caldwell Fee Category: Non-Discharge Minor Fee Amount: $0 Comments/Other Information: Attached, you will find all information submitted in support of the above-referenced application for your review, comment,and/or action. Within 45 calendar days,please take the following actions: Return this form completed. Z Return a completed staff report. Attach an Attachment B for Certification. F] Issue an Attachment B Certification. When you receive this request form,pleasewrite your name and dates in the spaces below, make a copy of this sheet, and return it to the appropriate Central Office Water Quality Permitting Section contact person listed above. RO-WQROS Reviewer: ,L, 1V9 Date: Ak!a JiA ha" tECtJ\jr'D UVIS, n of Water �r�;onaj oloeratlon k5" FORM: WQROSNDARR 09-15 Pas�e I of I 2YA-q" V, W, CERTIFIED MAIL #7015 1520 0003 5463 1308 RETURN RECEIPT REQUESTED November 21, 2016 Summer Woodard, Town Manager Town of Franklin PO Box 1479 Franklin, NC 28744-1479 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-DV-0016 Sanitary Sewer Overflows — November 2016 Collection System Permit No. WQCS00101 Town of Franklin Collection System Macon County Lf6ar Permittee: The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by the Town of Franklin indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident cited in the subject report includes the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201602463 11/04/2016 20 Boyd's Pump Station Equipment Failure 200 200 Notice of Deficiency Remedial actions, if not already implemented, should be taken to correct the above noncompliance. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Section in the Asheville Regional Office at 828-296-4500 or via email at mikal.willmer@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resourcest NCDEQ Cc: Jay Gibson, Director Public Works Asheville Regional Office - WQS File Central Files, Water Quality Section GG:\WR\WQ\Macon\Collection SysternsTranklin Collection System\NOD-2016-DV-0016.SSO.11-4-2016.docx A,, V PANAMA W, Certified Mail # 7014 0510 0000 4466 4309 Return Receipt Reguested November 22, 2016 Greg Penfold, Executive Director Emeritus Corp DBA Pine Park 2601 U S Hwy 64 E Hendersonville, NC 28792 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0623 Permit No. NCO069370 Pine Park Retirement Inn WWTP Henderson County Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 6/8/2016 45 62 Daily Maximum Exceeded Concentration (C0310) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. Please refer to the latest letter titled "Electronic Reporting Requirements"dated March 31, 2016, concerning registering to use the Division's new e-DMR Wstem for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRsJ Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. F-711more information, please visit the eDMR Website at the following address: -,,).:.//Portal.ncdenr.org/web/­­­wq/`admin/­boci/ipu/­`­`edmr. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Trevor McMinn/ ORC G!\WR\WQNHenderson\Wastewater\Minors\Pine Park Inn 69370\NOV-2016-LV-0623.rtf ........... At"o, Certified Mail # 7015 IS20 0003 5463 1384 Return Receipt Reguested November 22, 2016 Pete Szelwach, Plant Manager Clement Pappas NC LLC 125 Industrial Park Rd Hendersonvile, NC 28792 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-PC-0544 Permit No. WQ0004797 Clement Pappas WWTF Henderson County L.,�ar Permittee: A review of the November 2015 Non-Discharge Monitoring Report (NDMR) for the subject facility revealed the violation indicated below: Reporting Violation(s): Sample Location Parameter Date Type of Violation 001 Solids,Total Dissolved- 180 Deg.0 11/30/2015 Parameter Missing (70300) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations State of North Carolina Enviromnental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Beverly Price of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File Non-Discharge Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Non-discharge\Clement Pappas NC,Inc\NOV-2016-PC-0544.rtf PAT MCCRORY ]�ONA.LID R�,V-UN PER'�VAART aterftsourcl S': JA, �7:21N�J, MERN'IAN November 22, 2016 Mr. Harry Sideris Senior Vice President Environment, Health, and Safety Duke Energy 526 South Church Street Mail Code ECUP Charlotte, NC 28202 SUBJE CT: NOTICE OF VIOLATION Tracking Number: NOV-2016-DV-0290 Rogers Energy Complex NPDES Permit NCO005088 Incident No.: 201601330 Rutherford County, N.C. Dear Permittee: On October 19, 2016, the Division of Water Resources (Division), Asheville Regional Office, received your response to the Notice of Violation issued to you on September 3012016 (NOV-2016-DV-0290). Based upon your response submittal,the Division is not pursuing further action at this time regarding this event. if you should have any questions, please do not hesitate to contact me at the Asheville Regional Office at 828- 296-4680 or via email at la.nd.o.n.david.son@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Asheville Regional Office-WQS File Central Files,Water Quality Section NCO005088 DEMLR LQS MRO DWR NPDES CO State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swarmanoa,NC 28778 828-296-4500 An PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director November 22,2016 DWR# 16-1067 McDowell County Sam Craig PO Box 1861 Asheville,NC 28802 Subj&t: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Craig 27 Anchor Drive Dear Mr. Craig: You have our approval for the impacts listed below for the purpose described in your application dated October 24, 2016, and received by the Division of Water Resources (Division) on November 4, 2016. These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional conditions listed below. This Certification is associated with the use,of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit, and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [1 5A NCAC 02H .05 06(b) and/or(c)] Type of Impact Amount Approved Permanent Open Waters Above Pool I Below Pool 0.0032 (acres) , 10.0048 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and State ofNorth Carolina I Environmental Quality I Water Resources 2096 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 8282964500 Craig 27 Anchor Drive DWR# 16-1067 401 Approval Page 2 of 3 General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15ANCAC 02H .0507(d)(2)] 3. The proposed project must comply with the McDowell County local riparian buffer ordinance approved by the Division of Water Resources under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b). 4. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.neoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3 100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5) business days following the faxed transmission. Mailing address for the OAH: -Ifsending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 Craig 27 Anchor Drive DWR# 16-1067 401 Approval Page 3 of 3 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or Kevin.mitchell,a if you have any questions or concerns. .,nedenr-gov Sincerely, Aan Price., P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: William Elliott—USACE Asheville Regulatory Field Office (via email) Wade Harmon—Duke Energy(via email) Andrea Leslie—NCWRC (via email) Ron Harmon—McDowell County Planning (via email) Carissa Parker—Bennick Enterprises, LLC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\McDowelI\401 sWon-DOT\Craig 27 Anchor Drive\APRVL.Craig 27 Anchor Drive 11.22.2016.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 22, 2016 Mark Gasper 601-A West Main Street Carrboro,NC 275 10 Subj ect: Incident Closure Rutherford Solar Farm 553 Ferry Road NOV-2016-PC-0493 Rutherford County Dear Mr. Gasper: The Division of Water Resources conducted a site inspection of the subject property on November 16, 2016, related to the Notice of Violation and Recommendation for Enforcement NOV-2016-PC-0493. The written response and restoration activities performed have satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. Your attention and cooperation is greatly appreciated. Should you have any questions regarding. this matter or other water quality issues or concerns,please contact me at(828) 296-4650 or kevin.mitcbellknedenr.gov. Sincerely, Kevin Mitchell Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: David Brown—USACE (via email) Stan Aiken—DEMLR(via email) Andrea Leslie—NCWRC (via email) ARO File Copy G:\WP,\WQ\Rutherford\401s\Non-DOT\Rutherford Solar FarmWOV 9.28.16\CLO.NOV-2016-PC-0493.Rutherford Solar.docx State of North Carolina I EnviroDmental Quality I Water Resources 2090 US Hwy 70 1 Swannanoa,North Carolina 28778 8282964500 AM MMAMMbk PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 22 2016 Dirk Cody Crown Food Mart P.O.Box 218 Robbinsville,NC 28771 Re: Well Construction Permits: WM0100394,WM0100395,WM0100396, and WM0100397 Crown Food Mart—Town of Robbinsville; Graham County Government;A 4 Home Center; and Phillips Real Estate,LLC Properties Graham County Dear Mr. Cody, In accordance with the application submitted on your behalf by Robert Martin,we are forwarding well construction permits WM0100394, WM0100395,WM0100396, and WM0100397 dated November 22, 2016.The permits are for the construction of one monitoring well on Town of Robbinsville property; three monitoring wells on Graham County government property; one monitoring well on A 4 Home Center property; and one monitoring well on Phillips Real Estate,LLC property as described in the applications and the attached permits. The permits will be effective from the date of issuance for a period of one year and are sub ect to the conditions and limitations as specified therein.A Well Construction Record shall be completed and signed by the certified drilling contractor for each well.This form shall be submitted to the Division of Water Resources upon completion of each well and shall reference the permit number.Please review the attached permit conditions. If you should have any questions or need additional information contact Andrew Moore at 828-296- 4500. Sincerely, G.Landon Davidson,P.G. Regional Supervisor Water Quality Regional Operations Section cc: ARO file Robert Martin—Martin and Slagle GeoSciences,PA(via email) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy 70 1 Swannanoa,North Carolina 28778 8282964500 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT FOR THE CONSTRUCTION OF MONITORING WELL In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws,Rules and Regulations. PERMISSION IS HEREBY GRANTED TO Dirk Cody FOR THE CONSTRUCTION OF A MONITORING WELL SYSTEM consisting of one well owned by Dirk Cody, P.O.Box 218;Robinsville,NC 28771. The well will be located on property owned by the Town of Robbinsville located in Graham County(Jordan Stree right-of-way). This Permit is issued in accordance with the application received on November 15,2016,with additional information received November 18,2016,.in conformity with specifications and supporting data,all of which are filed with the Department of Environmental.Quality and are considered integral parts of this Permit. This Permit is for well construction only, and does not waive any provision or requirement of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptable,you have a right to an adjudicatory hearing upon written request within 30 days of receipt of this Permit. The 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,North Carolina 27699-6714. Unless such a demand is made,this Permit is final and binding. This Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions, limitations,or exceptions as follows: I Issuance of this Permit does not supersede any other agreement, permit, or requirement issued by another agency. 2. The well(s)shall be located and constructed as shown on the attachments submitted as part of the Permit application. 3. Each well shall have a Well Contractor Identification Plate in accordance with'15A NCAC 02C .0108(0)where applicable. 4. The monitoring well shall be maintained in accordance with 15A NCAC 02C .0 108. 5. A Well Construction Record (GW-1) for each well shall be submitted to the Division of Water Resource's Information Processing Unit within 30 days of the well completion in accordance with 15A NCAC 02C.0 114. 6. When the well is discontinued or abandoned,it shall be abandoned in accordance with 15A NCAC 02C .0 113 and a well abandonment record (GW-3 0) shall be submitted to the Division of Water Resource's Information Processing Unit and the property owner within 30 days of the well abandonment in accordance with 15A NCAC 2C.0 114. Permit issued the 22nd day of November,2016 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Landon Davidson,Regional !�u�� Water Quality Regional Operations Section By Authority of the Environmental Management Commission Permit No. #WMO 1003 94 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT FOR THE CONSTRUCTION OF MONITORING WELL In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws,Rules and Regulations. PERMISSION IS HEREBY GRANTED TO Dirk Cody FOR THE CONSTRUCTION OF A MONITORING WELL SYSTEM consisting of three wells owned by Dirk Cody,P.O.Box 218,Robbinsville,NC 28771. The wells will be located on property owned by Graham County and located in Graham County(PIN#566008000012).This Permit is issued in accordance with the application received on November 15,2016,with additional information received November 18,2016, in conformity with specifications and supporting data,all of which are filed with the Department of Environmental Quality and are considered integral parts of this Permit. This Permit is for well construction only, and does not waive any provision or requirement of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptable,you have a right to an adjudicatory hearing upon written request within 30 days of receipt of this Permit. The.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,North Carolina 27699-6714. Unless such a demand is made,this Permit is fillal and binding. This Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions, limitations, or exceptions as follows: I. Issuance of this Permit does not supersede any other agreement,permit, or requirement issued by another agency. 2. The well(s)shall be located and constructed as shown on the attachments submitted as part of the Permit application. 3. Each well shall have a Well Contractor Identification Plate in accordance With 15A NCAC 02C .0108(0)where applicable. 4. The monitoring well shall be maintained in accordance with 15A NCAC 02C.0 108. 5. A Well Construction Record (GW�l) for each well shall be submitted to the Division of Water Resource's Information Processing Unit within 30 days of the well completion in accordance with 15A NCAC 02C.0 114. 6. When the well is discontinued or abandoned,it shall be abandoned in accordance with 15A NCAC 02C .0 113 and a well abandonment record (GW-30) shall be submitted to the Division of Water Resource's Information Processing Unit and the property owner within 30 days of the well abandonment in accordance with 15A NCAC 2C.0 114. Permit issued the 22nd day of November,2016 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION L n Davidson,Regional Supervisor Water Quality Regional Operations Section By Authority of the Environmental Management Commission Permit No.#WMO 100395 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT FOR THE CONSTRUCTION OF MONITORING WELL In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws,Rules and Regulations. PERMISSION IS HEREBY GRANTED TO Dirk Cody FOR THE CONSTRUCTION OF A MONITORING WELL SYSTEM consisting of one well owned by Dirk Cody, P.O.Box 218,Robbinsville,NC 28711.The well will be located on property owned by A 4 Home Center located in Graham County(PIN#566008030002).This Permit is issued in accordance with the application received on November 15,2016,with additional information received November 18,2016, in conformity with specifications and supporting data, all of which are filed with the Department of Environmental Quality and are considered integral parts of this Permit. This Permit is for well construction only, and does not waive any provision or requirement'of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local*Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptable,you have a right to an adjudicatory hearing upon written request within 30 days of receipt of this Permit. The request must be in the form of awritten petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,North Carolina 27699-6714. Unless such a demand is made,this Permit is final and binding. Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions, limitations,or exceptions as follows: I Issuance of this Permit does not supersede any other agreement, permit, or requirement issued by another agency. 2. The well(s)shall be located and constructed as shown on the attachments submitted as part of the Permit application. 3. Each well shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C .0108(0)where applicable. 4. The monitoring well shall be maintained in accordance with 15A NCAC 02C.0108. 5. A Well Construction Record (GW-1) for each well shall be submitted to the Division of Water Resource's Information Processing Unit within 30 days of the well completion in accordance with 15A NCAC 02C.0 114. 6. When the well is discontinued or abandoned,it shall be abandoned in accordance with 15A NCAC 02C .0 113 and a well abandonment record (GW-3 0) shall be submitted to the Division of Water Resource's Information Processing Unit and the property owner within 30 days of the well abandonment in accordance with 15A NCAC 2C .0 114. Permit issued the 22nd day of November,2016. FOR THE NORTH CAROLIN&E—NVIRONME&TAL MANAGEMENT COMMISSION Landon Davidson,Regional Supervisor Water Quality Regional Operations Section By Authority of the Environmental Management Commission Permit No. #WMO 1003 96 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT FOR THE CONSTRUCTION OF MONITORING WELL In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws,Rules and Regulations. PERMISSION IS HEREBY GRANTED TO Dirk Cody FOR THE CONSTRUCTION OF A MONITORING WELL SYSTEM consisting of one well owned by Dirk Cody, P.O.Box 218,Robbinsville,NC 28771.The well will be located on property owned by Phillips Real Estate,LLC located'in Graham County(PIN#56600803001 IA).This Permit is issued in accordance with the application received on November 15,2016,with additional inforination received November 18,2016, in conformity with specifications and supporting data,all of which are filed with the Department of Environmental Quality and are considered integral parts of this Permit. This Permit is for well construction onlyl and does not waive any provision or requirement of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptabl e'you have a right to an adjudicatory hearing upon written request within 30 days of receipt of this Permit. The 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,North Carolina 27699-6714.,Unless such a demand is made,this Permit is final and binding. This Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions, limitations,or exceptions as follows: I Issuance of this Permit does not supersede any other agreement,permit, or requirement issued by another agency. 2. The well(s) shall be located and constructed as shown on the attachments submitted as part of the Permit application. 3. - Each well shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C .0108(0)where applicable. 4. The monitoring well shall be maintained in accordance with 15A NCAC 02C .0108. 5. A Well Construction Record (GW-1) for each well shall be submitted to the Division of Water Resource's Information Processing Unit within 30 days of the well completion in accordance with 15A NCAC 02C.0 114. 6. When the well is discontinued or abandoned,it shall be abandoned in accordance with 15A NCAC 02C .0 113 and a well abandonment record (GW-3 0) shall be submitted to the Division of Water Resource's Information Processing Unit and the property owner within 30 days of the well abandonment in accordance with 15A NCAC 2C .0 114. Permit issued the 22nd day of November,2016 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Landon Davidson,Regional Superviso`r-� Water Quality Regional Operations Section By Authority of the Environmental Management Commission PermitNo. WM0100397 PAT MCCRORY Governor DONALD R. VAN DER VAART '7 Secretary WaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director November 23,2016 . Cold Creek Timber Land Holdings 745 Darlington Road Rutherfordton,NC 28139 Re: Site Inspection 745 Darlington Road Rutherford County Dear Sir or Madam, On November 8,2016,Tim Fox and 1, from the Asheville Regional Office of the Division of Water Resources(DWR),conducted a,site inspection of your property at the subject address. The site inspection I was conducted after driving by the property and noting a dam/crossing in an unnamed tributary to Mountain Creek. We understand the need for a crossing and to provide water for livestock;however, impounding a jurisdictional stream and impeding aquatic life passage may be considered a violation of North Carolina Administrative Code(NCAC). North Carolina water quality standards for streams can be found in Title ot 15ANCACSubchapterO2B.0211. I have attached a copy of the standards with this letter. Pleasen e part 0211 (1). In order to avoid violations of the above mentioned water quality standard, it is strongly recommended that the impediment be removed to allow for aquatic life movement during low flows. Please contact me at the Asheville Regional Office(828)296-4650 to resolve this matter. I would like to set up a site meeting with you and Brandon Higgins with the Rutherford County Soil and Water Conservation District to discuss better ways to achieve your goals without violating water quality standards. Sincerely, Kevin Mitchell Envirom-nental Specialist Water Quality Regional Operations Section Enclosure cc: Brandon Higgins—Rutherford County Soil and Water(via email) ARO file State of North Carolina I Environmental Quality I Water Resources 2909 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 8282964500 15A NCAC 02B.0211 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS C WATERS General, The water quality standards for all fresh surface waters shall be the basic standards applicable to Class C waters. Water quality standards for temperature and numerical water quality standards for the protection of human health applicable to all fresh surface waters are in Rule .0208 of this Section. Additional and more stringent standards applicable to other specific freshwater classifications are specified in Rules.0212,.0214,.0215,.0216,.0218,.0219,.0223,.0224 and.0225 of this Section. Action Levels for purposes of National Pollutant Discharge Elimination System(NPDES) permitting are specified in Item(22)of this Rule. (1) Best Usage of Waters: aquatic life propagation and maintenance of biological integrity(including fishing and fish),wildlife,secondary recreation,agriculture,and any other usage except for primary recreation or as a source of water supply for drinking,culinary,or food processing purposes; (2) Conditions Related to Best Usage: the waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture. Sources of water pollution that preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard; (3) Chlorine,total residual: 17 ug/l; (4) Chlorophyll a(corrected):not greater than 40 ug/1 for lakes,reservoirs,and other waters subj ect to growths of macroscopic or microscopic vegetation not designated as trout waters,and not greater than 15 ug/I for lakes,reservoirs,and other waters subject to growths of macroscopic or microscopic vegetation designated as trout waters(not applicable to lakes or reservoirs less than 10 acres in surface area). The Commission or its designee may prohibit or limit any discharge of waste into surface waters if the surface waters experience or the discharge would result in growths of microscopic or macroscopic vegetation such that the standards established pursuant to this Rule would be violated or the intended best usage of the waters would be impaired; (5) Cyanide,total: 5.0 ug/L; (6) Dissolved oxygen:not less than 6.0 mg/I for trout waters;for non-trout waters,not less than a daily average of 5.0 mg/I with a minimum instantaneous value of not less than 4.0 mg/l; swamp waters,lake coves, or backwaters,and lake bottom waters may have lower values if caused by natural conditions; (7) Fecal coliform: shall not exceed a geometric mean of 200/100ii-A (MF count)based upon at least five consecutive samples examined during any 30 day period,nor exceed 400/100nil in more than 20 percent of the samples examined during such period. Violations of the fecal coliform standard are expected during rainfall events and,in some cases,this violation is expected to be caused by uncontrollable nonpoint source pollution. All coliform concentrations shall be analyzed using the membrane filter technique,unless high turbidity or other adverse conditions necessitate the tube dilution method. In case of controversy over results,the MPN 5-tube dilution technique shall be used as the reference method; (8) Floating solids,settleable solids,or sludge deposits:only such amounts attributable to sewage,industrial wastes, or other wastes as shall not make the water unsafe or unsuitable for aquatic life and wildlife or impair the waters for any designated uses; (9) Fluoride: 1.8 mg/l; (10) Gases,total dissolved:not greater than 110 percent of saturation; (11) Metals: (a) With the exception of mercury and selenium,freshwater aquatic life standards for metals shall be based upon measurement of the dissolved fraction of the metal. Mercury and selenium water quality standards shall be based-upon measurement of the total recoverable metal; (b) Freshwater metals standards that are not hardness-dependent shall be as follows: (i) Arsenic,dissolved,acute:WER-340 ug/l; (ii) Arsenic,dissolved,chronic:WER- 150 ug/l; (iii) Beryllium,dissolved,acute:WER-65 ug/l; (iv) Beryllium,dissolved,chronic:WER- 6.5 ug/l; (v) Chromium VI,dissolved,acute:WER- 16 ug/l; (vi) Chromium VI,dissolved,chronic:WER- 11 ug/l; (vii) Mercury,total recoverable,chronic: 0.012 ug/l; (viii) Selenium,total recoverable,chronic: 5 ug/l; PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources ENVIRONMENTAL QVALITY S. JAY ZIMMERMAN Director November 23,2016 David and Brenda Hinds Michael Gracey 2908 North Atlantic Boulevard 3 3 Yellow Rock Road Fort Lauderdale, FL 33308 Hendersonville,NC 28739 Subject: Incident Closure Yellow Rock Road Pond NOV-2016-WP-0002 Henderson County Dear Mr. and Mrs. Hinds and Mi. Gracey: The Division of Water Resources received your correspondence dated October 19, 2016, and November 20, 2016,related to the Notice of Violation and Recommendation for Enforcement NOV-2016-WP-0002. The written responses have satisfactorily resolved the violation noted in the subject Notice of Violation and Recommendation for Enforcement. Please note that omitted from your responses was a discussion of avoidance of dredging in open water. You should avoid and minimize dredging in open water to the maximum extent practicable through the use of diversion piping or other appropriate means of isolating your work zone. Avoiding working in open water should be the primary approach to minimizing the potential for water quality violations during dredging activities. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns,please contact me at(828)296-4684 or Andrew.W.Moore@,ncdenr.gov. Sincerely, Andrew Moore Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: Karen Higgins—401 and Buffer Permitting Unit ARO file G:\WR\WQ\Henderson\Complaints\Yellow Rock Road Dredging\CLO.NOV-2016-WP-0002.11-23-16.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy 70 1 Swannanoa,North Carolina 28778 8282964500 PAT .MCC.R.ORY Governor DONALD R. VAN DER. VAART Secreiary Water kesources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY November 23,2016 Scott Webber,Town Manager Town of Spindale 125 Reveley Street Spindale, NC, 28160 Subject: Permit No. WQ0038882 Town of Spindale 221 South Force Main and Lift Station Project Wastewater Collection System Extension Permit Rutherford County Dear Mr. Webber: in accordance with your application received November 7, 2016,we are forwarding herewith Permit No. WQ0038882 dated November 23, 2016, to the Town of Spindale (Permittee) for the construction and operation upon certification 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 the following conditions contained within this permit: Condition IIA: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. It shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper Town of Spindale Permit No.WQ0038882 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, cii for S.Jay Zimmerman, P.G. Director, Division of Water Resources G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: David Odom, P.E.—Odom Engineering, LLC(electronic copy) Regional Office Files Water Resources Central Files PERCS(electronic copy) G:\WR\WQ\Rutherford\Collection Systems\Spindale Collection System\WQ0038882 221 S FM and Lift Station.docx Page 2 of 9 Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules,and Regulations, permission is hereby granted to the Town of Spindale Rutherford County for the construction and operation of a 816—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a permanent generator with automatic transfer switch, a 608—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, telemetry, and a permanent generator with automatic transfer switch, as well as approximately 8,200 linear feet of 8-inch force main to serve the Town of Spindale Collection System as part of the 221 South Force Main and Lift Station Project, and the discharge of zero additional gallons per day of collected wastewater into the Town of Spindale's existing sewerage system, pursuant to the application received November 7, 2016 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 Mai.ns adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0038882 Permit Issued: November 23,2016 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET Town of Spindale is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Town of Spindale Wastewater Treatment Facility in accordance with Permit Number NCO020664. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. ,Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. SPECIAL CONDITIONS 1. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with a pump station identifying name/number, 24-Hour Emergency telephone number, and name of the owner/operator of the sewer system/pump station and instructions to call the number in the event of alarm activation or other emergency. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved, [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater co Ilection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specificallymentioned herein. [15A NCAC 02T.01101 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: Page 4 of 9 a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or, surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a),and public notice shall be provided as required by North Carolina General Statute§143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows. L Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: Page 5 of 9 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Over flows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur, Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215AC(al)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictionsj and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD,disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations'storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. Page 6 of 9 c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided,or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5%,or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case-�by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After-const'ruction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification &activation. [15A NCAC 02T.01161 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This,shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee forthe life of the wastewater collection facilities. [15A NCAC 02T.0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 ------------------------------ [THIS PAGE INTENTIALLY LEFT BLANK] Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: TOWN OF SPINDALE PERMIT#: WQ0038882 PROJECT: 221 SOUTH FORCE MAIN AND LIFT STATION PROJECT ISSUE DATE: November 23, 2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall,be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION 1,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEER'S CERTIFICATION as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe ([:] periodically, F-1 weekly, [:]full time)the construction of the 221 South Force Main and Lift Station Project and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (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 w/signature &date: R Final Partial (include description) ........................................................................ Certification Comments/Qualifiers (attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources S. JAY ZIMME.RMAN ENVIRONMENTAL QUALITY Director November 23,2016 Nathan Bennett, County Manager 110 Town Square Burnsville, NC 28714 Subject: Permit No. WQ0038874 East Yancey Water&Sewer District East Yancey Water&Sewer District Pump and Haul Domestic Wastewater Pump & Haul Permit Yancey County Dear Mr. Bennett: In accordance with your application received September 8, 2016, and additional information received on November 8, 2016 we are forwarding herewith Permit No. WQ0038874, dated November 23, 2016, to East Yancey Water& Sewer District for the time-limited operation of a domestic wastewater pump and haul operation. This permit shall be effective from December 1, 2016, will expire on June 1, 2017, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 1.1: The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. Condition IIA: An accurate record of the pump and haul activities must be maintained by the Permittee, indicating; Date and time wastewater is removed from the facility; Name of contract hauler; Name of facility receiving wastewater; &Volume of wastewater removed. Condition 11.14: This permit shall expire June 1, 2016. Should the pump and haul activities stop prior to the date of expiration send written notification to the Asheville Regional Office, Water Quality Section notifying them of that the permit is no longer required and detailing the final disposal solution. 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. State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh,North Carolina 27699-1611 9198076300 East Yancey Water&Sewer District Permit No.WQ0038874 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Michael J.Waresak, P.E., McGill Associates, P.A.—electronic copy Regional Office Files Water Resources Central Files: Attention Diane Rodman Page 2 of 7 WaterPlesources ENVIRONMENTAL QUALITY DO MESTIC WASTEWATER PUMP& HAUL PERMIT in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the East Yancey Water&Sewer District for the construction and operation of a domestic wastewater pump and haul operation to serve East Yancey WWTP, consisting of the existing concrete SBR basins and concrete digester basin with an estimated total storage capacity of 292,617 gallons. The facility from which pumping will occur shall include a minimum 24 hours storage with on-site audible and visual high water alarms and telemetry. The anticipated flow for this pump and haul operation is expected to be 6,450 gallons per day of domestic wastewater,pursuant to the application received September 8,2016,and additional information received on November 8,2016 and in conformity with 15A NCAC 02T and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from December 1, 2016,will expire on June 1, 2017, and shall be subject to the conditions and limitations as specified therein. < Q_N for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0038874 Permit Issued: November 23,2016 Page 3 of 7 SUPPLEMENT TO PERMIT COVER SHEET East Yancey Water & Sewer District is hereby authorized to: Construct and operate the aforementioned domestic Wastewater pump and haul operation. The wastewater collected by this system shall be pumped and hauled to Pine Swamp Wastewater Treatment Facility(Permit No. NCO020290)for final treatment. 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 facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. SPECIAL CONDITIONS 1. The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration,operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. The Permittee shall maintain an inspection log or summary including at least: a. Date and time of inspection; b. Observations made; c. Any maintenance, repairs,or corrective actions taken by the Permittee. The Permittee shall maintain this log of inspections for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. Records shall be submitted quarterly to the Supervisor of the Water Quality Regional Operations of the Asheville Regional Office. The records must be submitted within 30 days of the end of each quarter (quarters end on the last day of March, June, September, and December). [15A NCAC 02T.0204(d)] 2. This permit shall become voidable unless the agreement between EAST YANCEY WATER & SEWER DISTRICT, MOUNTAIN ENVIRONMENTAL SERVICES, and PINE SWAMP WWTP for the collection, transportation, and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0204(b)] 11.STANDARD CONDITIONS 1. An accurate record of the pump and haul activities must be maintained by the Permittee, indicating: a. Date and time wastewater is removed from the facility; b. Name of contract hauler; c. Name of facility receiving wastewater; d. Volume of wastewater removed. Page 4 of 7 The Permittee shall maintain this log for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. Records shall be submitted quarterly to the Supervisor of the Water Quality Regional Operations of the Asheville Regional Office. The records must be submitted within 30 days of the end of each quarter(quarters end on the last day of March,June,September, and December). [15ANCACO2T.0108] 2. This permit shall not be transferable. In the event there is a desire for the facilities to change ownership,or there is a name change of the Permittee,a formal permit request shall be'submifted to the Division accompanied by an application fee, 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. [15A NCAC 02T.0104; G.S. 143-215.1(d3)] 3. The Permittee shall provide for the installation and maintenance of an audible and visual high-water alarm on all storage and pumping facilities associated with this pump and haul operation. [15A NCAC 02T.0204(c)] 4. This permit shall become voidable unless the subject pump and haul activities are carried out in accordance with the conditions of this permit; 15A NCAC 2T; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 5. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. No type, kind or quantity of wastewater other than the pumped and hauled wastewater from the facility shall be included in these pump and haul activities. [15A NCAC 02T.01101 6. The wastewater collection facilities shall be properly maintained and operated at all times. Adequate inspection, maintenance, and cleaning shall be provided by the permittee to insure proper operation of the subject facilities. [151A NCAC 02T.0403] 7. The Permittee shall report by telephone to a Water Resources staff member at the Asheville Regional Water Resources Section,telephone number 828-296-4500, as soon as possible, but in no case more than 24 hour,following the occurrence or first knowledge of the occurrence of either of the following: a. If the flow volume estimated above is exceeded by any amount on any day; or b. Any process.unit failure,due to known or unknown reasons,that renders the facility incapable .of adequate wastewater storage, such as failures of. tanks, piping, pumps, aerators, compressors etc.; or c. Any failure of a pumping station, sewer line, etc., resulting in a spill or by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility;or d. Any SSO and/or spill over 1,000 gallons;or e. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to Page 5 of 7 ensure that the problem does not recur. Part 11 of Form CS-SSO(or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.iC(al)] 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 02T; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina- licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T .0108(b- 01 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall cease operation of all pump and haul activities and shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement.facilities. [15A NCAC 02T .0110; 15A NCAC 02T .0108(b)] 10. Any duly authorized officer, employee, or representative of the Division of Water Resources may, upon presentation of credentials,e nter and inspect any property, premises, or place on or related to the pump and haul collection facilities at any reasonable time for the purpose of determining compliance with the Division's approval; may inspect or copy any records that must be maintained under the terms and conditions of this permit; and may obtain samples. [15A NCAC 02T.0110] q, 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] 12. Operation of this permit is based on acceptance of the certification attached to this permit,completed by the Permittee and a North Carolina licensed Professional Engineer. Note that a completed certification is only required for activities that met the definition of the Practice of Engineering in accordance with G.S. 89C-3. In some instances this certification may not be required. 13. A copy this permit,and approved plans and specifications(if applicable)shall be maintained on file by the Permittee for the life of the project. [15A NCAC 02T.01041 14. This permit shall expire J une 1, 2017. Should the pump and haul activities stop prior to the date of expiration send written notification to the Asheville Regional Office, Water Quality Section notifying them of that the permit is no longer required and detailing the final disposal solution. [15A NCAC 02T .0105(j), 15A NCAC 02T.0204(a)] Page 6 of 7 POMESTIC WASTEWATER PUMP& HAUL ENGINEERING CERTIFICATION This certification shall be completed and submitted to the appropriate regional office for activities that result in the Practice of Engineering in accordance with G.S. 89C-3. In some instances this certification may not be required. PERMITTEE: EAST YANCEY WATER&SEWER DISTRICT PERMIT#: WQ0038874 PROJECT: EAST YANCEY WATER&SEWER DISTRICT PUMP AND HAUL ISSUE DATE: November 23, 2016 This project shall not be considered complete nor allowed to operate until the Division has received this Certification. It should be submitted in a manner that documents the Division's receipt. Send the required documentation to the Regional Supervisor, Water Quality Section at the address at the bottom. PERMT-rECS CERTIFICATION I the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the pump and haul system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEER'S CERTIFICATION as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(n periodically, n weekly, 0 full time)the construction of the East Yancey Water&Sewer District Pump and Haul and location as referenced above for the above 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 and other supporting materials. ............... ................................................. North Carolina Professional Engineer's Seal w/signature &date: Final Partial (include description) .......................................................................... Certification Comments/Qualifiers(attach if necessary): NC Division of W ater Resources—Water Quality Section Address 2090 US Hwy 70,Swannanoa, NC 28805 Asheville Regional Office Phone: (828)-296-4500 FAX: (828)-299-7043 PAT MCCRORY Governor ..11C DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Water Resources ENVIRONMENTAL QUALITY Director November 28, 2016 Town of Burnsville Ronnie Tipton PO Box 97 Burnsville,NC 28714 Subject: Pretreatment Annual Report Review Burnsville Pretreatment Program NPDES #:NCO020290 Yancey County Dear Mr. Tipton: The Asheville Regional Office of the Division of Water Resources has reviewed the Pretreatment Annual Report (PAR) covering January through December 2015. This PAR was received on February 16, 2016 in the Asheville Regional Office. Our review indicates that the PAR is in good order and satisfies the requirements of 15A NCAC 2H .0908(b) and the Comprehensive Guidance for North Carolina Pretreatment Programs. The next PAR will be due March 1,2017. Thank you for your continued support of the Pretreatment Program. If you have any questions,please contact me at(828)296-4500 Linda.Wiggs@,nedenr.gov or Sarah Bass at(919) 807-63 10 Sarah.Bass@ncdenr.gov. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office cc: ARO Files MSC 1617-Central Files-Basement Sarah Bass,PERCS Unit G:\WR\WQ\Yancey�Wa§tewater\Municipal\Bumsville WWTP 20290\pretreatment\PARreview.LTR.2015.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swammoa,NC 28778 8282964500 A M ' U Certified Mail # 7014 0510 0000 4466 4316 Return Receipt Reguested November 28, 2016 Gary P Carlson Fletcher Academy Inc 185 Fletcher Academy Dr Fletcher, NC 28732 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LM-0067 Permit No. NCO036641 Fletcher Academy WVVTP Henderson County 'L,,�ar Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 6/16/2016 45 47.4 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day(20 Deg. C) - 6/30/2016 30 35.52 Monthly Average Exceeded Concentration (C0310) Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Oxygen, Dissolved (DO) (00300) Week ending 6/4/2016 Weekly Frequency Violation -')ur facility will be reguired to report your Discharge Monitoring Reports electronically by December el, 2016. Please call this office for information. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 For more information, please visit the eDMR Website at the following address: http://Rortal.ncdenr.orci/web/`­wq/admin/bog/­"­ipu/`edmr. Reme'dial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional�Supervisor�� Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WRI�WQ\Hendersoil\Wastewater',Minors'�Fletcher Academy 36641\NOV-2016-LM-0067.rtf PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary WaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director November 29, 2016 DWR# 16-1066 Rutherford County Rellic Holdings Attn: Kha Nguyen 5 Sir Lancelot Ct. Savannah, Ga 31405 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Holdings 282 Mark Twain Drive Dear Mr.Nguyen: You have our approval for the impacts listed below for the purpose described in your application dated October 24, 2016, and received by the Division of Water Resources (Division) on November 4, 2016. These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,Non-Discharge, Water' Supply Watershed, andTi Btiffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit, and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [1 5A NCAC 02H .0506(b) and/or(c)] Type of Impact Amount Approved Permanent Above No�ol Below Pool Open Waters 0.0087 (acres) 0.0081 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this approval letter and State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 8282964500 Holdings 282 Mark Twain Drive DWR# 16-1066 401 Approval Page 2 of 3 General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [I 5A NCAC 02H .0507(d)(2)] 3. No Impacts Beyond those in Application No Waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Lake Lure is classified as B; Trout waters. 4. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Offi'ce of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days., A petition form may be obtained from the OAH at hltp://www.ncoah.-coni/or by calling the OAH Clerk's Office at(919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAU filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3 100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OA_H: Ifsending via US Postal Service: If sendin g via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Holdings 282 Mark Twain Drive DWR# 16-1066 401 Approval Page 3 of 3 Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or Kevin.mitchell@ncdenr.Rov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: David Brown—USACE Asheville Regulatory Field Office (via email) Wade Hannon—Duke Energy(via email) Andrea Leslie—NCWRC (via email) Clint Calhoun—Town of Lake Lure (via email) Jonathan Hinkle—Marathon Builders (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) Cj:\WR\WQ\Rutherford\401s\Non-DOT�Holdings 282 Mark Twain Drive\APRVL.Holdings 282 Mark Twain Drive.11.29.2016.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Waterkesources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 29, 2016 Ronnie Setzer, Mayor Town Of Cajah's Mountain 1800 Connelly Springs Rd Lenoir,NC 28645 SUBJECT: Collection System Inspection Cajah's Mountain Collection System Permit No: WQCS00317 Caldwell County Dear Mr. Setzer: On November 14,2016, 1 conducted a Collection System Inspection at the Town of Cajah's Mountain. Cajah's Mountain representatives present during the inspection were Matt Bolick (Operator in Responsible Charge, (-----,ORC), Logan Shook (Town Manager) and Clarence Lockemy (Engineer, Wooten Company). The program .appeared to be in compliance with permit WQCS00317. Please refer to the enclosed inspection report for observations and comments. If you or your staff have any questions,please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc. Inspection Report cc: Matt Bolick,ORC(e-copy) MSC 1617-Central Files-Basement Asheville Files G:\WR\WQ\Caldwell\Collection Systems\Cajah's Mtn.Collection SysternUnspect 11-14-2016\CEI.I 1-14-2016.Ltr.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Highway 70 Swannanoa,NC 28778 8282964500 Compliance Inspection Report Permit: WQCS00317 Effective: 06/01113 Expiration: 05/31/21 Owner: Town Of Cajah's Mountain SOC: Effective: - Expiration: Facility: Cajah Mountain Collection System County: Caldwell Region: Asheville Contact Person: Ronnie Setzer Title: Phone: 828-728-5053 Directions to Facility: System Classifications: CS1, Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: WQCS00035 City of Lenoir-Lenoir Collection System NCO023736 City of Lenoir-Gunpowder Creek WVVTP Inspection Date: 11/14/2016 EntryTime: 10:OOAM Exit Time: 03:OOPM Primary Inspector: Linda S Wiggs_<��' Phone: 828-296-4500 Ext.4653 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: , Collection system management and operation Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation.&MaintReqmts Records Monitoring&Rpting Reqmts inspections Pump Station Manhole Lines (See affachment summary) Page: Permit: WQCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection Date: 11114/2016 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Present during the inspection were Matt Bolick(ORC), Logan Shook(Town Mgr.), Clarence Lockamy(Engineer), Mikal Willmer and Dan Boss with DWR. It was suggested to add language about flushable wipes to educational material. A line repair(Conner Circle)has taken place since last inspection. Three manholes will be coated/sealed the week of 11/14/2016. Photos will be sent of rehab efforts. Asset management is being considered. Staff indicated that during ROW maintenance remote areas are observed as well as some high priority lines.We discussed documenting these inspections. The Spill plan needs to include the most current reporting requirements(24-hour press releaseetc.). Suggested log sheets and the updated reporting requirements were emailed to staff on 11/15/2016. We discussed photo documentation with notes for tracking manhole inspections and maintenance needs. The manholes by the Frosty Freez were much improved this year. Staff have done a good job in working with the owner,as well as the City of Lenoir to clean the lines. However, staff need to have another conversation with the owner, as the storm drain in front of convenience store(Frosty Freez catering establishment)had evidence of recent grease/oil dumping into the drain, Page: 2 permit: WQCS00317 Owner-Facift:Town Of Cajah's Mountain Inspection Date: 11114/2016 Inspection Type:.Collection System Inspect Non Sampling Reason for Visit: Routine Inspections Yes No NA NE Are maintenance records for sewer lines available? Are records available that document pump station inspections? M 0 1:1 El Are SCADA or telemetry equipped pump stations inspected at least once a week? 0 1:1 F1 n Are non-SCADA/telemetry equipped pump stations inspected every day? 0 El 1:1 1:1 Are records available that document citizen complaints? #Do you have a system to conduct an annual observation of entire system? #Has there been an observation of remote areas in the last year? Are records available that document inspections of high-priority lines? Has there been visual inspections of high-priority lines in last six months? 0 0 El El Comment: Staff indicated during ROW maintenance remote areas are observed and some hi-gh priority lines. We discussed documenting these inspections. Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available?. 1:1 El M n Are public notices and proof of publication available? El El 0 1:1 #Is an annual report being prepared in accordance with G.S. 143-215.1C? #Is permittee compliant with all compliance schedules in the permits? El El 0 E] If no,which one(s)? Comment: Operation&Maintenance Requirements Yes No NA NE Are all log books available? 0 0 El Does supervisor review all log books on a regular basis? 0 ME] Does the supervisor have plans to address documented shQq-term p What is the schedule for reviewing inspection,maintenance,&operations logs and problem areas? Log books are not used. Work orders/contracts are a current means of documenting work performed.We discussed photo documentation with notes for tracking manhole inspections and maintenance needs. This is a small municipality;collection system staff and Town Mgr will be in contact regularly. Are maintenance records for equipment available? El El 0 El Is a schedule maintained for testing emergency/standby equipment? OR n 0 What is the schedule for testing emergency/standby equipment? generator self test weekly Do pump station logs include: Inside and outside cleaning and debris removal? El 0 El Inspecting and exercising all valves? M El El Page: 3 Permit: WQCS00317 Owner-Facility:Town Of Cajah's Mbuntain Inspection Date: 11/14/2016 Inspection Type Collection System Inspect Non Sampling Reason for Visit: Routine Operation&Maintenance Requirements Yes No NA NE Inspecting and lubricating pumps and other equipment? El M El EJ Inspecting alarms,telemetry and auxiliary equipment? El M n n Is there at least one spare pump for each pump station w/o pump reliability? Are maintenance records for right-of-ways available? El 0 0 0 Are right-of-ways currently accessible in the event of an emergency? M El El n Are system cleaning records available? Has at least 10%of system been cleaned annually? What areas are scheduled for cleaning in the next 12 months? Coventry Is a Spill Response Action Plan available? F-1 El Does the plan include: 24-hour contact numbers 0 11 El Response time Equipment list and spare parts inventory 0 El E] n Access to cleaning equipment Access to construction crews,contractors,and/or engineers M El El 0 Source of emergency funds Site sanitation and cleanup materials 0 0 EJ Post-overnow/spill assessment M 0 El 0 Is a Spill Response Action Plan available for all personnel? M El El 0 Is the spare parts inventory adequate? El 0 0 Comment: We discussed the Spill plan including the most current reporting requirements(24 hour press release etc). We also discussed the use of the operational/record keeping logs for areas listed above needing documentation. Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? 0 El El 11 What educational tools are used? Suggested adding language about flushable wipes to educational material. Is Sewer Use Ordinance/Legal Authority available? 0 11 El 0 Does it appear that the Sewer Use Ordinance is enforced? 0 E] El 0 Is Grease Trap Ordinance available? 0 El 0 0 Is Septic Tank Ordinance available(as applicable,i.e.annexation) 0 El 0 0 Page: 4 permit: WQCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection Date: 11/14/2016 Inspection Type Collection System Inspect Non Sampling Reason for Visit: Routine Performance Standards Yes No NA NE List enforcement actions by permittee,if any,in the last 12 months SUO lists City of Lenior. No enforcement activities in last 12 months. Has an acceptable Capital Improvement Plan(CIP)been implemented? 1:1 E] 1:10 Does CIP address short term needs and long term Vmaster planV concepts? Does CIP cover three to five year period? Does CIP include Goal Statement? Does CIP include description of project area? El El N Does CIP include description of existing facilities? Does CIP include known deficiencies? Does CIP include forecasted future needs? E] 0 Is CIP designated only for wastewater collection and treatment? Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments Previous.CIP 2012-13. A line repair(Conner Circle)has taken place since last inspection.Three manholes will be coated/sealed this week. Asset management is being considered- Is system free of known points of bypass? E E] 11 If no,describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? Does the sign include: Instructions for notification? 0 El El 0 Pump station identifier? 24-hour contact numbers 0 El 1-1 0 If no,list deficient pump stations #Do ALL pump stations have an"auto pollirid"_featum_/SCADA?____ 0 U U I Number of pump stations Number of pump stations that have SCADA Number of pump stations that have simple telemetry Number of pump stations that have only audible and visual alarms Number of pump stations that do not meet permit requirements #Does the permittee have a root control program? E] 0 #Ifyes,date implemented? ��_Describe: If roots become an issue,work will be contracted out. Page: 5 perrnit: WQCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection Date: 11/14/2016 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine Performance Standards Yes No NA NE Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? F1 0 Are records of SSOs that are under the reportable threshold available? E] 0 Do spill records indicate repeated overflows(2 or more in 12 months)at same location? If yes,is there a corrective action plan? 1:1 El N Is a map of the system available? N El El n Does the map include: Pipe sizes 0 E] El El Pipe materials El El 0 Pipe location 0 El Flow direction n Approximate pipe age 1:1 0 N Number of service taps El El El 0 Pump stations and capacity 0 E] El El If no,what percent is complete? List any modifications and extensions that need to be added to the map #Does the permittee have a copy of their permit? Comment: No SSO's have occurred. BRANDON RD Pump tation Yes No NA NE Pump station type Duplex Are pump station logs available?. E Li Li Li Is it accessible in all weather conditions? E El El 0 #Is general housekeeping acceptable? 0 EJ El El Are all pumps present? 0 El 0 1:1 Are all pumps operable? 0 El El El Are wet wells free of excessive debris? N El 0 0 Are upstream manholes free of excessive debris/signs of overflow? N E] n 1:1 Are floats/controls for pumps/alarms operable? 0 0 0- El Is"auto polling"feature/SCADA present? El El 0 0 Is"auto polling"feature/SCADA operational? El El 0 El Page: 6 permit: WQCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection Date: 11/14/2016 Inspection Type Collection System Inspect Non Sampling ReasonforVisit: Routine BRANDON RD Pump Station Yes No NA NE Is simple telemetry present? 0 E] El El Is simple telemetry operational? N Ej 1:1 1:1 Are audio and visual alarms present? N El 1:1 D Are audio and visual alarms operable? Is the Pump station inspected as required? n F1 Are backflow devices in place? N El 1-1 El Are backfiow devices operable? 0 E] Are air relief valves in place? 1:1 0 El Are air relief valves operable? EJ El N 0 # Is an emergency generator available? Can the emergency generator run the pumps? N 1:1 El E] Is the pump station equipped for quick hook-up? El 1:1 0 E] Is the generator operable? E] #Is fuel in tank and sufficient? n Is the generator inspected according to their schedule? El 0 El Is a 24-hour notification sign posted? 0 El 0 D Does it include: Instructions for notification? 0 El 0 EJ Pump station identifier? 0 El El Emergency phone number Is public access limited? N 0 El Is pump station free of overflow piping? Is the pump station free of signs of overflow? 0 El 1:1 El Are run times comparable for multiple pumps? yes Comment: COVINGTON '- B Lines/Right-of-WaVs/Aeriel Lines Yes No NA NE Is right-of-way accessible for emergency? Is right-of-way free of sinkholes or depressions? 1-1 1:1 El Is line/right-of-way free of evidence of leakage? #Are there areas of exposed line? #Is any exposed line constructed of ductile iron or other approved material? Are water crossing and supports in good condition? El 1:1 0 1:1 #Is right-of-way free of non-utility motorized traffic? 0 El El 0 Page: 7 perrnit: WQCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection Date: 11/14/2016 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine COVINGTON - B Lines/Ri-ght-of-WaVS/Aeriel Lines Yes No NA NE Is line free of visible damage? On 00 #Are there siphons in this system? If yes,are they maintained and documented? Comment: These lines are slated to be cleaned for 2016 10%. FROSTYFREEZ - C Manhole Yes No NA NE Is manhole accessible? 0 1-1 E] #Is manhole cover/vent above grade? Is the manhole free of visible signs of overflow? 0 El F1 FJ Is the manhole free of sinkholes and depressions? 0 El n 1:1 Is manhole cover present? 0 El El El #Is manhole properly seated? #Is manhole in good condition? #Is invert in good condition? 0 El El FJ Is line free-flowing and unrestricted in manhole? 0 El El n Is manhole free of excessive amounts of grease? E 1:1 El 0 Is manhole free of excessive roots? 0 E] Is manhole free of excessive sand? Is manhole's extended vent screened? El 1:1 0 n Are vents free of,submergence? 0 F1 0 Are manholes free of bypass structures or pipes? 0 E] E] Comment: The manholes by the Frosty Freez were much improved this year. Staff has worked with owner, as well as City of Lenoir to clean the lines. However, staff need to have another conversation with the owner, as the storm drain in front of Convenience store(FrostV Freez caterinq establishment) had evidence of recent grease/oil ---dur-npW-xt­fftto-the dfain. SHAIRE CENTER - A Manhole Yes No NA NE Is manhole accessible? FJ El 0 #Is manhole coverlvent above grade? Is the manhole free of visible signs of overflow? 0 D 1:1 Is the manhole free of sinkholes and depressions? 1:1 n E] Is manhole cover present? 1:1 1:1 El #Is manhole properly seated? N El El El Page: 8 permit: WQCS00317 Owner-Facility:Town Of Cajah's Mountain Inspection Date: 11/14/2016 Inspection Type:Collection System Inspect Non Sampling Reason forVisit: Routine SHARE CENTER .- A Manhole Yes No NA NE #Is manhole in good condition? #Is invert in good condition? Is line free-flowing and unrestricted in manhole? 1:1 El Is manhole free of excessive amounts of grease? El Is manhole free of excessive roots? Is manhole free of excessive sand? Is manhole's extended vent screened? El 1:1 0 0 Are vents free of submergence? Are manholes free of bypass structures or pipes? 0 El El El Comment: Three manholes are slated for cleaning/tealing/coating this week(11/1412016). Photos will be sent of rehab efforts. Page: 9 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary --jaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 29, 2016 Tamara Parr 71 Gibson Dr. Waynesville,NC 28786 SUBJECT: Compliance Evaluation Inspection Single Family Residence.Permit: 71 Gibson Dr. PermitNo: NCG550370 Haywood County,NC Dear Ms. Parr: On November 18, 2016, 1 conducted a Compliance Evaluation Inspection (CEI) of the Single Family Residence (SFR) wastewater system located at 71 Gibson Dr. The property and system were well maintained and appeared to be in compliance with NPDES Permit No NCG550370. Please refer to the enclosed inspection report for additional observations and recommendations. I have also attached a Name/Ownership Change Form should you wish to sell the property in the future. If you have any questions, please feel free to contact me at 828-296-4686 or by email at niikal.willmer@ncdenr.gov. Sincerely, Mikal Willmer Environmental Specialist Enclosure:Inspection Report Name/Ownership Change Form cc: MSC 1617-Central Files WQ Asheville Files G:\WR\WQ�Haywood\Wastewater\General\NCG55 SFR\NCG550370-Parr\1nspect.November 18,2016\CEI Letter 11-18- 2016.doexx State of North Carolina I Environmental Quality I Water Resources 2090 U-S.70 Highway,Swannanoa,NC 28778 828-296-4500 United States Environmental Protection Agency Form Approved EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 NCG550370 11 121 16/11/18 1!17 18 ici .19 Li 20H 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 f 6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CIA ------Reserved----- 671 _j 70[_j 71 U 72 N 73L_LJ74751 III 1 1 1180 Section B:Facility Data Name and Location of Faci I lity Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPIDES Permit Number) 10:53AM 16/11/18 13/08/01 71 Gibson Drive 71 Gibson Dr Exit Time/Date Permit Expiration Date 11:20AM 16/11/18 18/07/31 Way nesville NC 28786 Name(s)of Onsite Representative(s)/Titles(s)/P hone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/P hone and Fax Number Contacted Tamara J Pan-71 Gibson Dr Waynesville NC 28786//828-452-17121 Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&MaintenancE 0 Self-Monitoring Program Effluent/Receiving Waters Section D:Summary of Find ing/Co mments(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 Mikal Willme�,,,-? ARO WQ//828-296-4686/ 01 Signature oLlftnagement Q A Reviewer Agency/Office/P hone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 31 NCG550370 121 16/11/18 17 18 1,1 z Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Inspector, Mikal Willmer, with the Asheville Regional Office(ARO) conducted a Compliance Evaluation Inspection (CEI) of the Single Family Residence(SFR)wastewater treatment system at 71 Gibson Dr. on 11/18/2016. The owner, Tamara Parr,was onsite,and assisted in the inspection. The property and system were well maintained and appeared to be in compliance with General Permit No. NCG550370. The permitte stated she has not seen the system discharge. There is currently only one person living at the residence full time and the septic tank is pumped every 3-5 years.The system was not discharging at the time of the inspection. v During the inspection, Ms. Parr mentioned she would like to pursue a convnetional subsurface system through Haywood County. Ms. Parr was emailed a copy of Haywood County Health Department's Septic Application. Page# 2 Permit:. NCG550370 Owner-Facility: 71 Gibson Drive Inspection Date: 11/18/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M El 1:1 El Does the facility analyze process control parameters,for ex: MLSS, MCRT Settleable El El 0 El Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The Property is well maintained. Permit Yes No NA NE . (if the present permit expires in 6 months or less). Has the permittee submitted a new El 0 0 application? Is the facility as described in the permit? El El M 1:1 Are there any special conditions for the permit? 1:1 El 0 El Is access to the plant site restricted to the general public? El El M El Is the inspector granted access to all areas for inspection? M El El 0 Comment: Permit fees are paid to date. Permittee,Tamara Parr,would like to pursue a conventional syst rn through Haywood County. Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? El 0 M 0 Is septic tank pumped on a schedule? 0 n El 1:1 Are pumps or syphons operating properly? F1 El 0 Are high and low water alarms operating properly? El El M Comment: The septic tank was last pumped in June of 2015. Dis infection-Tablet Yes No NA NE Are tablet chlorinators operational? M El 0. E] Are the tablets the proper size and type? M El n El Number of tubes in use? 2 Is the level of chlorine residual acceptable? El 0 El 0 Is the contact chamber free of growth, or sludge buildup? M D El 1:1 Is there chlorine residual prior to de-chlorination? El 0 D 0 Comment: Chlorine tablets rated for wastewater were in use at the time of the inspection. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? M El El 0 Are the receiving water free of foam other than trace amounts and other debris? Page# 3 Permit: NCG550370 Owner-Facility: 71 Gibson Drive Inspection Date: 11/18/2016 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE If effluent (diffuser pipes are required) are they operating properly? El 0 0 , Comment: Access is maintained to the effluent pipe for routine monitoring. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? El 0 n Is sample collected below all treatment units? El 0 F1 Is proper volume collected? El El N El Is the tubing clean? El N n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type E] 0 El 0 representative)? Comment: Ms. Parr stated she has never seen the system discharge. The chlorination chamber was dry and no discharge was observed during the inspection. Page# 4 i MM OlAdMilk PAT MCCRORY Governor DONALD R. VAN DER. VAART Secretary S. JAY Z.1MMERMAN Waterkesources ENVIRONMENI AL QUALITY PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION: Permit Number- NC00_ I I I or NCG5—/—/—/—/- 1. Facility Name.- 111. NEW OWNERINAME INFORMATION: 1. This request for a name change is a result of: a. Change in ownership of property/company b. Name change only c. Other(please explain): 2. New owner's name (name to be put on permit): 3. New owner's or signing official's name and title: (Person legally responsible for permit) (Title) 4. Mailing address: City: State: Zip Code: Phone: E-mail address: THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] State of North Carolina Enviromnental Quality I Water Resources 1617 Mail Service Center I Raleigh,NC 27699-1617 9198076300 919-807-6389 FAX http://por-tal.nedenr.org/web/wq ---------- Applicant's Certification: 1, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date: THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ/ DWR/ NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1212015 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretwy WaterResources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director November 29,2016 Wallace Anderson, Executive Director Ridge Haven Camp 215 Ridge Haven Road Brevard, NC, 28712 Subject: Permit No. WQ0038881 Ridge Haven Camp Ridge Haven Camp Pump and Haul .Domestic Wastewater Pump& Haul Permit Transylvania County Dear Mr.Anderson: In accordance with your application received November 9, 2016,we are forwarding herewith Permit No. WQ0038881, dated November 29, 2016, to Ridge Haven Camp for the time-limited operation of a domestic wastewater pump and haul operation. This permit shall be effective from November 29, 2016, will expire on May 29, 2017, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 1.1: The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health or a nuisance condition. Condition 11.1: An accurate record of the pump and haul activities must 1�0 maintained by the Permittee, indicating; Date and time wastewater is removed'from the facility; Name of contract hauler; Name of facility receiving wastewater; &Volume of wastewater removed. Condition 11.14: This permit shall expire May 29, 2017. Should the pump and haul activities stop prior to the date of expiration, send written notification to the Asheville Regional Office, Water Quality Section notifying them that the permit is no longer required and detailing the final disposal solution. 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 State ofNorth Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh,North Carolina 27699-1611 9198076300 Ridge Haven Camp Permit No.WQ0038881 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 Tim Heim at(828) 296-450 0 or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources by G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: David W.Odom, P.E.—Odom Engineering(electronic copy) Emory G. Owen, ORC Brevard WWTP Regional Office Files Water Resources Central Filesi Attention Diane Rodman Page 2 of 7 Iffaterkesources ENVIRONMENTAL QUALITY DOMESTIC WASTEWATER PUMP& HAUL PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules,and Regulations, permission is hereby granted to the Ridge Haven Camp forthe construction and operation of a domestic wastewater pump and haul operation to serve the camp dining hall septic system, consisting of two 4,000 gallon septic tanks with an estimated total storage capacity of 8,000 gallons. The facility from which pumping will occur shall include a minimum 24 hours storage with on-site audible and visual high water alarms. The anticipated flow for this pump and haul operation is expected to be 2,800 gallons per day of domestic wastewater, pursuant to the application received November 9,, 2016, and in conformity with 15A NCAC 02T and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from November 29, 2016, will expire on May.29, 2017, and shall be subject to the conditions and limitations as specified therein. for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0038881 Permit Issued: November 29,2016 Page 3 of 7 SUPPLEMENT TO PERMIT COVER SHEET Ridge Haven Camp is hereby authorized to: Construct and operate the aforementioned domes tic wastewater pump and haul operation. The wastewater collected by this system shall be pumped and hauled to Brevard Wastewater Treatment Facility(Permit No. NCO060534)for final treatment. 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 facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. SPECIAL CONDITIONS 1. The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration,operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. The Permittee shall maintain an inspection log or summary including at least: a. Date and time of inspection; b. Observations made; c. Any maintenance, repairs,or corrective actions taken by the Permittee. The Permittee shall maintain this log of inspections for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. Records shall be submitted quarterly to the Supervisor of the Water Quality Regional Operations of the Asheville Regional Office. The records must be submitted within 30 days of the end of each quarter (quarters end on the last day of March, June, September, and December). [15A NCAC 02T.0204(d)] 2. This permit shall become voidable unless the agreement between RIDGE HAVEN CAMP, ALL ABOUT PLUMBING AND SEPTIC, and BREVARD WWTP for the collection,transportation, and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0204(b)] 11.STANDARD CONDITIONS 1. An accurate record of the pump and haul activities must be maintained by the Permittee, indicating: a. Date and time wastewater is removed from the facility; b. Name of contract hauler; c. Name of facility receiving wastewater; d. Volume of wastewater removed. Page 4 of 7 The Permittee shall maintain this log for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. Records shall be submitted quarterly to the Supervisor of the Water Quality Regional Operations of the Asheville Regional Office. The records must be submitted within 30 days of the end of each quarter(quarters end on the last day of March,June, September, and December). [15ANCACO2T.0108] 2. This permit shall not be transferable. In the event,there is a desire for the 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 an application fee, 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. [15A NCAC 02T.0104; G.S. 143-215.1(d3)] 3. The Permittee shall provide for the installation and maintenance of an audible and visual high-water alarm on all storage and pumping facilities associated with this pump and haul operation. [15A NCAC 02T.0204(c)] 4. This permit shall become voidable unless the subject pump and haul activities are carried out in accordance with the conditions of this permit; 15A NCAC 2T; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.01101 5. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. No type, kind or quantity of wastewater other than the pumped and hauled wastewater from the facility shall be included in these pump and haul activities. [15A NCAC 02T.0110] 6. The wastewater collection facilities shall be properly maintained and operated at all times. Adequate inspection, maintenance, and cleaning shall be provided by the permittee to insure proper operation of the subject facilities. [15A NCAC 02T.0403] 7.- The Permittee shall report by telephone to a Water Resources staff member at the Asheville Regional Water Resources Section,telephone number 828-296-4500, as soon as possible, but in no case more than 24 hour,following the occurrence or first knowledge of the occurrence of either of the following: a. If the flow volume estimated above is exceeded by any amount on any day; or b. Any process unit failure,due to known or unknown reasons,that renders the facility incapable of adequate wastewater storage, such as failures of tanks, piping, pumps, aerators, compressors etc.; or c. Any failure of a pumping station, sewer line, etc., resulting in a spill or by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility; or d. Any SSO and/or spill over 1,000 gallons; or e. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to Page 5 of 7 ensure that the problem does not recur. Part I I of Form CS-SSO(or the most current Division approved form)can also be completed to show that the SSO was beyond control. [G.S. 143-215.lC(al)] 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 02T; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina- licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T .0108(b- 01 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall cease operation of all pump and haul activities and shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T .0110; 15A NCAC 02T .0108(b)] 10. Any duly authorized officer, employee, or representative of the Division of Water Resources may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the pump and haul collection facilities at any reasonable time for the purpose of determining compliance with the Division's approval; may inspect or copy any records that must be maintained under the terms and conditions of this permit; and may obtain samples. [15A NCAC 02T .0110] 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal,State,of Local government agencies. [G.S. 143-215.1(b)] 12. Operation of this permit is based on acceptance of the certification attached to this permit,completed by the Permittee and a North Carolina licensed Professional Engineer. I Note that a completed certification is vonly required for activities that met the definition of the Practice of Engineering in accordance with G.S. 89C-3. In some instances this certification may not be required. 13. A.copy this permit, and approved plans and specifications(if applicable)shall be maintained on file by the Permittee for the life of the project. [15A NCAC 02T.0104] 14. This permit shall expire May 29, 2017. Should the pump and haul activities stop prior to the date of expiration send written notification to the Asheville Regional Office, Water Quality Section notifying them of that the permit is no longer required and detailing the final disposal solution. [15A NCAC 02T .0105(j), 15A NCAC 02T.0204(a)] Page 6 of 7 DOMESTIC WASTEWATER PUMP & HAUL ENGINEERING CERTIFICATION This certification shall be completed and submitted to the appropriate regional office for activities that result in the Practice of Engineering in accordance with G.S. 89C-3. In some instances this certification may not be required. PERMITTEE: RIDGE HAVEN CAMP PERMIT#: WQ0038881 PROJECT: RIDGE HAVEN CAMP PUMP & HAUL ISSUE DATE: November 29,2016 This project shall not be considered complete nor allowed to operate until the Division has received this Certification. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor,Water Quality Section at the address at the bottom. PERMiTrEE'S CERTIFICATION 1,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the pump and haul system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEER'S CERTIFICATION as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(n periodically,0 weekly,0 full time)the construction of the Ridge Haven Camp and location as referenced above for the above Permittee hereby state that,to the best of my abilities, clue 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 and other supporting materials. ................ ............ North Carolina Professional Engineer's Seal w/signature&date: R Final Partial (include description) .................................................................. Certification Comments/Qualifiers(attach if necessary): NC Division of Water Resources—Water Quality Section 2090 US Hwy 70,Swannanoa, NC Asheville Regional Office Phone: (828)-296-4500 FAX: (828)-299-7043 A� A9 y Certified Mail #7015 1520 0003 5463 1391 Return Receipt Reguested November 29, 2016 Ginger Short 1139 Hyatt Creek Rd Bryson City, NC 28713 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-PC-0575 Permit No. NCG550657 18769 Great Smoky Mountains Expressway Haywood County Dear Mrs. Short: North Carolina Division of Water Resources conducted a Compliance Evaluation Inspection (CEI) at 18769 G,reat Smoky Mountains Expressway on November 18, 2016. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550657. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation Inspection was conducted by Division of Water Resources staff from the Asheville Regional Office (ARO). The following deficiencies were noted during the inspection: Inspection Area Description of Deficiencies Effluent Sampling Annual sampling records were not available at the time of the inspection. [NCG550000 Part 1. A. Effluent Limitations and Monitoring Requirements (see table in NCG550000 permit)] Disinfection-Tablet Chlorine tablets did not appear to be the correct size and type. [NCG550000 Part I. A. 4. (Operations&Maintenance)All system components, including but not necessarily limited to,septic tanks,surface sand filters, other filter components, pu m p/recirculation tanks, disinfection units and the outfalls shall be maintained at all times and in good operating order.] State of North Carolina I Environmental Quality 1 Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 Septic Tank Septic tank maintenance records were unavailable at the time of the inspection. Unable to locate the septic tank. [NCG550000 Part I. A. 3. Permit Conditions(Operations& Maintenance) Septic tanks shall be inspected at least yearly to determine if solids-- must be removed or if other maintenance is necessary. Septic tanks shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment.] Effluent Pipe Unable to locate the effluent pipe during the inspection. [NCG550000 Part I. A. 4. (Operations&Maintenance)All system components, including but not necessarily limited to,septic tanks, surface sand filters, other filter components, pu m p/recirculation tanks,disinfection units and the outfalls shall be maintained at all times and in good operating order.] Corrective Measures for the deficiencies noted above: Effluent Pipe: Locate effluent pipe and additional treatment units and submit a sketch of the layout to ARO. Effluent Sampling: After locating the effluent pipe, sample or document no discharge and submit to ARO. Disinfection-Tablets: Submit proof of purchase for chlorine tablets (rated for wastewater) to ARO. Septic Tank: Provide receipt of septic tank pumping and/or maintenance records to ARO. Remedial actions should have already been taken to correct these problems and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon receipt of this Notice regarding your plans or measures to be taken to address the indicated deficiencies and compliance issues. A Name/Ownership Change Form is attached should the property be sold in the future. Please reference the enclosed inspection report for additional observations and recommendations. If you should have any questions, please do not hesitate to contact Mika[ Willmer with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. Sincerely, Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Name/Ownership Change Form Cc: WQS Asheville Regional Office- Enforcement File NPDES Compliance/Enforcement Unit- Enforcement File G:\WR\WQ\Haywood\Wastewater\General\NCG55SFR\NCG550657-Short\Inspect. November 18, 2016\NOD-2016-PC-0575.doc United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires B-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPIDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 NCG550657 11 121 16/11/18 117 181-1 19 Lj 20H L�j 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------Reserved 671 70 L_j 71 Lj 72 N 73 L_LJ74 751 1 1 1 1 J_U80 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 NPIDES Permit Number) 11:25AM 16/11/18 14/06/26 18769 Great Smoky Mountains Expressway Exit Time/Date Permit Expiration Date 18769 Great Smoky Mountains Expy 12:12PM 16/11/18 1 B/D7/31 Waynesville NC 28786 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 Ginger Shortj 139 Hyatt Creek Rd Bryson City NC 28713/Owner// Yes Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance 0 Self-monitoring Program 0 Effluent/Receiving Waters Section D:Summary of Find ing/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 Mika] Willmer ARO WQ//828-296-4686/ 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# NPDES yr/mo/day Inspection Type 31 NCG550657 121 16/11/18 17 18 ICI (Cont.) Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Inspector, Mikal Willmer, with the Asheville Regional Office (ARO) conducted a Compliance Evaluation Inspection (CEI) of the Single Family Residence(SFR)wastewater treatment system at 18769 G reat Smokey Mountain Expressway on 11/18/2016. Owners Todd and Ginger Short were present and assisted in the inspection. Rob Roland, real estate agent,was also present.This property is currently for sale and has not been occupied in over a year. Septic tank maintenance and annual sampling records were unavailable at the time of the inspection. Unable to locate the septic tank and effluent pipe. Located a black drainage pipe, but could not determine if it was connected to the treatment system.The permittees were unaware of the system's treatment components and requirements of the General NCG550000 Permit. Requested the owners locate all system components for routine monitoring and maintenance. Discussed with Mr. Roland the options for expansion of the wastewater treatment system and provided him with a copy of the Evaluation of Alternatives Analysis Guidance Document. Potential buyers would like to turn the current property into a restaurant,which would exceed the permitted design flow and scope of the current permit. Mr. Roland was emailed additional information about the current permit and options for expansion. Page# 2 Permit: NCG550657 Owner-Facility: 18769 Great Smoky Mountains Expressway Inspection Date: 11118/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 El 0 El Does the facility analyze process control parameters,for ex: IVILSS, IVICRT, Settleable E] El 0 11 Solids, pH, DO, Sludge Judge,and other that are applicable? Comment: The Property is well maintained. Unable to locate all treatment units, but there did not appear to be any signs of a failing system.This Property has been vacant for over a year. Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new 1:1 El 0 1:1 application? Is the facility as described in the permit? E El D El #Are there any special conditions for the permit? El 0 N E] Is access to the plant site restricted to the general public? El 0 0 1:1 Is the inspector granted access to all areas for inspection? 0 El El El Comment: Fees are paid to date. This propertV is currently for sale. Septic Tan Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? El 0 El Is septic tank pumped on a schedule? Q El Are pumps or syphons operating properly? 11 El 0 1:1 Are high and low water alarms,operating properly? EJ El E 1:1 Comment: Septic tank maintenance records were unavailable at the time of the inspection. Unable to locate the septic tank.The current owners, Ginggr and Todd Short,were unaware of the components of the treatment system. Dis i nfectio n-Tablet Yes No NA NE Are tablet chlorinators operational? 0 El 1:1 El Are the tablets the proper size and type? 0 N El El Number of tubes in use? 2 Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? 0 El 11 Is there chlorine residual prior to de-ch lori nation? 0 El El 0 Comment: The chlorination tubes appeared to be operational, however,the tablets in use did not appear to be the correct size or type. The permittees stated they were using tablets that were provided when they purchased the property three years ago. Page# 3 Permit: NCG550657 Owner-Facility: 18769 Great Smoky Mountains Expressway Inspection Date: 1111812016 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 1:1 0 El R Are the receiving water free of foam other than trace amounts and other debris? 0 El El R If effluent (diffuser pipes are required) are they operating properly? El El 0 El Comment: Unable to locate the effluent pipe during the inspection. Located a black drainage pipe, but- could not determine if it was part of the treatment system. Effluent Samplin-g Yes No NA NE Is composite sampling flow proportional? El N n Is sample collected below all treatment units? 1:1 El 0 n Is proper volume collected? Is the tubing clean? El n N n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees E] L1 0 1:1 Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type El 0 El 0 representative)? Comment: Annual sampling records were not available at the time of the inspection.The permittees were unaware of the system components.The property has not been used regularly in over a year and is currently for sale. No discharge was observed at the time of the inspection. Page# 4 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary aterResources S. JAY ZIMMERMAN ENii�RONMENTAL QUALITY Director November 29, 2016 Gerald&Rebecca Starnes 2760 Old State Rd. Swansea, SC 29160 SUBJECT: Compliance Evaluation Inspection Single Family Residence Pen-nit: 150 Lexington Acres Dr. PermitNo: NCG550382 Haywood County,NC Dear Mr. and Mrs. Starnes On November 18, 2016, 1 conducted a Compliance Evaluation Inspection (CEI) of the Single Family Residence (SFR)wastewater system located at 150 Lexington Acres Dr. The property-and system were well maintained and appeared to be in compliance with NPDES Permit No NCG550382. Please refer to the enclosed inspection report for additional observations and recommendations. I have also attached a Name/Ownership Change Forrn should you wish to sell the property in the future. If you have any questions, please feel free to contact me at 828-296-4686 or by email at mikal.willmer@ncdenr.gov. Sincerely, ,---�7 Mikal Willmer Environmental Specialist Enclosure:Inspection Report Name/Ownership Change Form cc: MSC 1617-Central Files WQ Asheville Files G:\WR\WQ\Haywood\Wastewater\GeneraINCG55 SFR\NCG550370-Parr\hispect.November 18,2016\CEI Letter 11-18- 2016.doexx State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swarmanoa,NC 28778 828-296-4500 United States Environmental P rotection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A:National Data System Coding(i.e.,PCS) Transaction Code NPIDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 NCG550382 11 121 16/11/18 17 18 1 r,1 19 1 S 20 Lj 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---Reserved----- 671 70[_j 71 U 72 NJ 73[ 751 1 1 _LJ74 __U80 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 NPIDES i)ermit Number) 12:53PM 16/11/18 13/08/01 150 Lexington Acres 150 Lexington Acres Exit Time/Date Permit Expiration Date Maggie Valley NC 28751 01:20PM 16/11/18 18/07/31 Name(s)of Onsite Representative(s)/Tities(s)/P hone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/P hone and Fax Number Contacted Gerald A Starnes,2760 Old State Rd Swansea SC 29160//803-794-0119/ Yes SectionC:Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&maintenance; 0 Self-Monitoring Program Effluent/Receiving Waters Section D:Summary of Find ing/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 Mikal Willmar ARO WQ//828-296-4686/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Vq el EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 31 NCG550382 121 16/11/18 17 18 ICI Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Inspector, Mikal Willmer, with the Asheville Regional Office(ARO) conducted a Compliance Evaluation Inspection (CEI)of the Single Family Residence (SFR)wastewater treatment system at 150 Lexington Acres Dr. on 11/18/2016. Owners, Gerald and Rebecca Starnes,were present and assisted in the inspection. The system and property were well maintained and appeared to be in compliance with Permit No. NCG5503K. All system components were accessible during the inspection.The permittees stated they had not seen the system discharge.The system was not discharging at the time of the inspection.This home is only occupied three months out of the,year. The chlorination tubes were in use and operational, however, they were packed full of tablets. Requested the homeowners clean out the tubes and restock with fresh tablets. Page# 2 Permit: NGG550382 Owner-Facility: 150 Lexington Acres Inspection Date: 11/1812016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M El n 1:1 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable 0 El Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The property is well maintained. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new El 0 M El application? Is the facility as described in the permit? M El El n #Are there any special conditions for the permit? 0 El 0 n Is access to the plant site restricted to the general public? EJ El M El Is the inspector granted access to all areas for inspection? M El El El Comment: Fees are paid to date. This is a part time home for the current permittees.The house is only used three months out of the year. Septic Tank Yes No NA NE (if pumps are used)Is an audible and visual alarm operational? n El M 1:1 Is septic tank pumped on a schedule? M El El 1-1 Are pumps or syphons operating properly? El 1:1 0 1:1 Are high and low water alarms operating properly? El 0 0 1-1 Comment: The septic tank was pumped after the last inspection in 2013. The owners are pumping the tank everV 3-5 years as required by their permit. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? 0 El n n Are the tablets the pro per size and type? 0 El El El Number of tubes in use? 2 Is the level of chlorine residual acceptable? El 0 El M Is the contact chamber free of growth,or sludge buildup? 0 El 0 El Is there chlorine residual prior to cle-chlorination? E] El [IN Comment: Chlorine tablets rated for wastewater were in use at the time of the inspection. The tubes- appeared operational, but were full of tablets beginning to disintegrate.The owners should clean out the tubes and restock with fresh chlorine tablets. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? El El Page# 3 Permit: NCG550382 Owner-Facility: 150 Lexington Acres Inspection Date: 11/18/2016 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Are the receiving water free of,foam other than trace amounts and other debris? El 0 EJ If effluent (diffuser pipes are required) are they operating properly? El El 0 El Comment: The effluent pipe and cascade aeration were visible and accessible for inspection. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? El 0 0 0 Is sample collected below all treatment units? El El 0 0 Is proper volume collected? 1:1 El 0 n Is the tubing clean? El El 0 0 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees El El N El Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type El 0 El r-1 representative)? Comment: The owners stated they have not seen the system discharge. The system was not discharging at the time of the inspection. Requested the owners sample if the system begins discharging regularly, Page# 4 PAT MCCR.ORY Govemor DONALD R. VANDER VAART S. JAY ZIMMERMAN Water Resources ENVIRONMENTAL OUALITY Director November 29,2016 James Fatland, City Manager City of Brevard 95 West Main Street Brevard, NC, 28712 Subject: Permit No. WQ0038883 City of Brevard Burrell Mountain Road Sewer Extension Wastewater Collection System Extension Permit Transylvania County Dear Mr. Fatland: In accordance with your application received November 15, 2016, we are forwarding herewith Permit No. WQ0038883 dated November 29, 2016, to the City of Brevard (Permittee) for the construction and operation upon certification 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 the following conditions contained within this permit: Condition IIA: This permit shall not be automatically transferable; a request must be made and approved. Condition IIA: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system permit issued to the Permittee. it shall be responsibility of the Permittee to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. 2090 U.S.70 Highway,Swannanoa,NC 28778 Phone:828-296-4500\Internet:www.ncwaterguality.org An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper City of Brevard Permit No.WQ0038883 If you need additional information concerning this matter, please contact Tim Heim at(828) 296-4500 or via e-mail at tim.heim@ncdenr.gov. Sincerely, for S.Jay Zimmerman, P.G. Director, Division of Water Resources G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ cc: Harlow L. Brown, P.E.—Brown Consultants (electronic copy) Regional Office Files Water Resources Central Files PERCS (electronic copy) Page 2 of 9 NAdMOOkkI Environmental Quality WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Brevard Transylvania County for the construction and operation of approximately 410 linear feet of 87inch gravity sewer to serve three 3-bedroom single family residences as part of the Burrell Mountain Road Sewer Extension project, and the discharge of 1,080 gallons per day of collected domestic wastewater into the City of Brevard's existing sewerage system, pursuant to the application received November 15, 2016 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 Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. for S.Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0038883 Permit Issued: November 29,2016 Page 3 of 9 SUPPLEMENT TO PERMIT COVER SHEET City of Brevard is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the City of Brevard Wastewater Treatment Facility in accordance with Permit Number NCO060534. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T,the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions identified below. 1. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T.0110] 4. The wastewater,collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required,the following performance criteria shall be met: [15A NCAC 02T.0108(b)]: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. Page 4 of 9 c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors,enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems,the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to preventgrease-related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map,which shall be maintained for the life of the system. 5. The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage,etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume,that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) Page 5 of 9 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.IC(al)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities,the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to com pletion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity, pump cycle times, and level control settings, pump station buoyancy,wet well storage, surge protection, detention time in the wet well, and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis. if a portable power source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, include travel timeframes,shall be provided. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings,on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested Page 6 of 9 modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be r requested and approved during the permitting process prior to construction. After-construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification &activation. [15A NCAC 02T.0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall hot be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case-by-case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T.01161 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. [15A NCAC 02T.0104; 15A NCAC 02T.0108(b-c)] 11. 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. [15A NCAC 02T.0110; 15A NCAC 02T.0108(b)] 12. 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 the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)] Page 7 of 9 [THIS PAGE INTENTIALLY LEFT BLANK] Page 8 of 9 FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: CITY OF BREVARD PERMIT#: WQ0038883 PROJECT: BURRELL MOUNTAIN ROAD SEWER EXTENSION ISSUE DATE: November 29, 2016 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentatiom It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMiTrEE'S CERTIFICATION 1,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name,Title Signature Date ENGINEER'S CERTIFICATION as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (R periodically, F-1 weekly, R full time) the construction of the Burrell Mountain Road Sewer Extension and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water Resources' (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 w/signature &date: Final E] Partial (include description) ................................................... ................... Certification Comments/Qualifiers(attach if necessary): NC DWR—Water Quality Regional Operations Section 2090 US Hwy 70,Swannanoa, NC 28778 Asheville Regional Office Phone: (828)-296-4500 FAX:(828)-299-7043 a V A` Certified Mail#7014 0510 0000 4466 4330 Return Receipt Requested November 29,2016 Stephen R Goldie Jacabb Utilities LLC 210 WN 2nd St Seneca, SC 29678 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 WW Permit No.NCO076708 Jacabb Utilities LLC I;Uverwind Mobile Home Park WWTP Case No. LV-2016-0241 Henderson County Dear Pennittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$216.62($100.00 civil penalty+ $116.62 enforcement costs)against Jacabb Utilities LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Jacabb Utilities LLC for the month of July 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NCO076708. The violations, which occurred in July 2016,are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Jacabb Utilities LLC violated the terms, conditions or requirements of NPDES WW Permit No.NCO076708 and G.S. 143-215.l(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 Environmental Quality and the Director of the Division of Water Resources,1,G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Jacabb Utilities LLC: State of North Carolina Envirownental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $100.00 of the I violations of 143-215.I(a)(6)and PennitNo.NCO076708,by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD-Conc. $0.00 0 of the I violations of 143-215.1(a)(6)and PertnitNo.NCO076708,by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for BOD-Cone. $100.00 TOTAL CML PENALTY $116.62 Enforcement Costs $216.62 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. 143 B-282.I(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 Enviromnental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission,OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do not include4aiver 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. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to,request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties— Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thj�dy(30)d4ys of receipt of this notice. The Division of Water Resources also requests that you coLn ication for plete and submit the enclosed"Justif Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearint!with the Office of Administrative Hearin2s: 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 fonn from the Office of Administrative Hearings. You must file the petition with. the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided ,the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2)is received in the Office of Administrative Hearings within seven(7)busin ess days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 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 with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File G:\WR\WQ\Henderson\Wastewater\Mnors\Rive�ind HOA 76708\LV-2016-0241.rtf JUSTIFICATION FOR REMISSION REQUEST -,,tse Number: LV-2016-0241 County: Henderson AssessedParty: Jacabb Utilities LLC RiverwindM[HPWWTP Permit No.: NCO076708 Amount Assessed: $216.62 Please use this form when requesting remission of this civil penalty. 'You must also complete the ""Request For Remission, Waiver ofRight to an Administrative Hearing, and Stipulation ofFacts"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 apply. 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 assessmentfactors are listed in the civilpenalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps thatyou took to correct the violation andpreventfuture occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or somethingyou could notprevent orpreparefor); (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 howpayment of the civilpenalty will prevent youftom performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE 11FARING AND STIPULATION OF FACTS Jacabb Utilities LLC Riverwind Mobile Home Park WWTP PERMIT NO.NCO076708 CASE NO. LV-2016-0241 Having been assessed civil penalties totaling$216.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated November 29,2016,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice ofassessment. 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 ATTACHMENT A Jacabb Utilities LLC CASE NUMBER: LV-,2016-0241 PERMIT: NCO076708 REGION: Asheville FACILITY: Riverwind Mobile.Home Park COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 716/2016 7-2016 BOD,5-Day(20 Deg. Weekly mg/I 45 92.80 106.2 Daily Maximum $100.00 C)-Concentration Exceeded 7/31/2016 7-2016 60D,5-Day(20 Deg. Weekly mg/l 30 30.90 2.9 Monthly $0.00 C)-Concentration Average Exceeded PAT MCCRORY Govemor 7�" DONALD R. VAN DER VAART Secretary WaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director November 29, 2016 DWR# 16-0877 Swain County State of North Carolina NC Wildlife Resources Commission Attn: Scott Loftis 20830 Great Smoky Mtn. Exp. Waynesville, NC 28786 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Licklog Creek Aquatic Barrier Mitigation Dear Mr. Loftis: You have our approval for the impacts listed below for the purpose described in your revised application dated October 26, 2016, and received by the Division of Water Resources (Division) via email on October 26, 2016.These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or .---p,en�eraLpernut-and-th-e-follawmg-a.dcht-tan,aLconAdit-.iLan-,-* 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 8282964500 Licklog Creek Aquatic Barrier Mitigation DWR#16-0877 401 Approval Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 50 ft. 2. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notifvthe Division and you may be required to submit a new application package with the appropriate fee. if the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A N CAC 02 H .0507(d)(2)] 3. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC 02H .0506(b)(2)] 41. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, streambanks, or vegetation may require future repairs or replacement,which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 5. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the -Divisian--af-W-at-erQ:tr�Thty,-betweerrt=he�trrs-of-g-=-a-m-to�5Tm-atth-e--A-slieviffe-Regi=o-n-ai------ Office at 828.296.4500 and after hours and on weekends call (800)858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .05b6 (b)(3) and (c)(3), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A] 6. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 0213 .0200 (3)(f)] Licklog Creek Aquatic Barrier Mitigation DWR#16-0877 , 401 Ap prova I Page 3 of 4 7. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 8. The proposed project shall follow the recommendations stated in the North C arolina Wildlife Resources Commission (NCWRC) comment letter dated October 5, 2016 (attached)to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] 9. The proposed project shall follow the recommendations outlined in the United States Fish &Wildlife Intra-Service Section 7 Biological Evaluation Form dated November 9, 2016 (attached)to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty(60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original-and one.(I)-copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 one (1) copy of the petition must also be served to DENR: Licklog Creek Aquatic Barrier Mitigation DWR#16-0877 401 Approval Page 4 of 4 Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Tim Fox at 828-296-4664 or tim.fox@ncdenr.gov if you have any questions or concerns. Sincerely, ?anPrice, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion NCW`RC Letter dated October 5, 2016 NCUSFWS letter dated November 9, 2016 cc: Andrew Bick—Wildlands Engineering Inc. (via email) David Brown — USACE Asheville Regulatory Field Office (via email) Andrea Leslie—NCWRC (via email) Stan Aiken —Division of Energy, Mineral, and Land Resources (via email) Byron Hamstead - USFWS (via email) DWR ARO.401 files G:\WR\WQ\Swain\401s\Non-DOT\Licklog Creek Island Bank Stabilization & Aquatic Organism Passage Project\APRVL.Licklog Creek Aquatic Barrier Mitigation 11-07-2016.docx PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director November 29, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7015 1520 0003 5463 1407 Andrew Gloege (NCWC 94314) Geologic Exploration, Inc. 176 Commerce Boulevard Statesville,NC 28625 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7015 1520 0003 5463 1414 Dirk Cody Crown Food Mart P.O. Box 218 Robbinsville,NC 28771 SUBJECT: NOTICE OF VIOLATION of NORTH CAROLINA WELL CONSTRUCTION STANDARDS NOV-2016-2C-0003 Crown Food Mart-Graham County Government Property PIN# 566008000012 Graham County Required Response Due- December 31�2016 Dear Mr. Gloege and Mr. Cody: The Water Quality Regional Operations Section(WQROS) of the Division of Water Resources (DWR) is responsible for the regulation of well construction activities within the State of North Carolina. On November 15, 2016, staff of the WQROS Asheville Regional Office observed three monitoring wells that Mr. Gloege recently constructed on the subject property as part of assessment activities associated with the-Crown Food Mart petroleum release. A review of our files indicates that no permit had been issued for the wells at the time they were constructed. Based on the review, the following violations of North Carolina's well construction standards were observed. VIOLATION 1: Title 15A of the North Carolina Administrative Code (NCAC) 02C .0 105(b)(3)requires that no person shall locate or construct any monitoring well or monitoring well system on property not owned by the well owner until a permit has been issued. Mr. Gloege violated 15A NCAC 02C .0 1 05(b)(3) by constructing three monitoring wells on Graham County government property without a permit. State offorth Carolina I Environmental Quality I Water Resources 2090 U.S.Hvvy.70 I Swannanoa,North Carolina 28778 8282964500 Andrew Gloege November 29,2016 Page 2 of 2 REQUIRED CORRECTIVE ACTION FOR VIOLATION 1: Mr. Gloege shall provide a written response to this Notice of Violation detailing how you, and/or your employer Geologic Exploration, Inc.,plan to prevent violations of 15A NCAC 02C .0105(b)for future projects. The WQROS requests that your response be provided on behalf of all licensed well contractors employed by Geologic Exploration, Inc. Your response should include a discussion of both monitoring wells and recovery wells. The response shall be provided to the attention of Andrew Moore at the footer address or by email at Andrew.W.Moore@ncdenr.gov by December 31, 2016. VIOLATION 2: Title 15A NCAC 02C .0105(k)requires that a well owner see that a permit is secured prior to the beginning of construction of any well for which a permit is required. Mr. Cody violated 15A NCAC 02C .0 1 05(k)by allowing the construction of the three monitoring wells on Graham County governmentproperty without a permit. REQUIRED CORRECTIVE ACTION FOR VIOLATION 2: No corrective action for Violation 2 is required. However, Mr. Cody shall ensure that a permit has been obtained for any additional wells that he plans to have installed, and for which a permit is required,prior to well construction. Pursuant to North Carolina General Statute 87-91(a), you are hereby notified of your regulatory requirements in regard to Well Construction Standards indicated in Subehapter 02C, Title 15A, of the North Carolina Administrative Code. These Standards were adopted by the Environmental Management Commission under authority granted by the North�Carolina Well Construction Act. This Notice is given in accordance with North Carolina General Statutes 87-91, e.t seq. If you have any questions regarding this Notice,please contact Andrew Moore at(828) 296- 4500. Sincerely, G. Landon Davidson, P.G., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: North Carolina Well Contractors Certification Commission Robert Martin—Martin and Slagle GeoSciences, PA(via email) ARO File Copy G:\WR\WQ\Graham\Wells\Monitoring\NOV-2016-2C-0003.AndrewGIoege DirkCody.1 1-29-2016.doex A Ti: 4, WIT Certified Mail#7014 0510 0000 4466 4323 Return Receipt Reguested November 29,2016 Bob B Leatherwood Silver Bluff Realty LLC 100 Silver Bluff Dr Canton,NC 28716 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.l(a)(6) and NPDES WW Permit No.NCO03 3 600 Silver Bluff Realty LLC Pigeon Valley Rest Home VvWTP Case No. LV-2016-0240 Haywood County Dear Permittee: This-letter transmits a Notice of Violation and assessment of civil penalty in the amount of$566.62($450.00 civil penalty+ $116.62 enforcement costs)against Silver Bluff Realty LLC. This assessment is,based upon the following facts: a review has been conducted of the discharge monitoring report(DNM) submitted by Silver Bluff Realty LLC for the month of July 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW PermitNo.NCO033600. The violations,which occurred in July 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Silver Bluff Realty LLC violated the ternis, conditions or requirements of NPDES WW Permit No.NCO033600 and G.S. 143-215.I(a)(6)in the manner and extent shown in AttachnientA. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty maybe 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 Environmental Quality and the Director of the Division of Water Resources,1, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Silver Bluff Realty LLC: State of North Carolina Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 828-296-4500 $200.00 2 of the 2 violations of 143-215.l(a)(6)and Permit No.NCO033600,by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for BOD- Cone. $250.00 1 of the I violations of 143-215.1(a)(6)and Permit No.NCO033600,by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD- Cone. Cl� $450.00 TOTAL CML PENALTY $116.62 Enforcement Costs $566.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I(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(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(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: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below. In 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 143 B-282.I(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must coLnplete and submit the enclosed"Request for Remission of Civil Penalties_ Waiver of Riaht to an Administrative Hearing, and Stipulation of Facts"form within thirty Q 0)days-of receipt of this notice. The Division of Water Resources..also requests that you complete and submit the enclosed"Justification for Remission Request.'.' Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearin with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with, the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §1 50B-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The-mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 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 dat6/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 with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, -!f� G.Landon Davidson,P.G.,Regional L'Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File JUSTIFICATION FOR REMISSION REQUEST IseNumber: LV-2016-0240 County: Haywood Assessed Party: Silver Bluff Realty LLC/Pigeon Valley Rest Home WWTP Permit No.: NCO033600 Amount Assessed: $566.62 Please use this form when requesting remission of this civil penalty. You must also complete the "'Request For Remission, Waiver ofRight to an Administrative Hearing, and Stipulation ofFacts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are n I ecessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount,of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,ificluding copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.I(b)were wrongfully applied to the detriment of the petitioner(the assessmentfactors are listed in the civilpenalty 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 andpreventfuture occurrences); (c) the violation was-inadvertent or a result of an accident(i.e., explain why the violation was unavoidahle or somethingyou could notprevent orpreparefor); (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 civilpenalty willpreventyouftom performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Silver Bluff Realty LLC Pigeon Valley Rest Home PERMIT NO.NCO033600 CASE NO. LV-2016-0240 Having been assessed civil penalties totaling$566.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated November 29,2016,the undersigned, desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice ofassessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of .520 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Silver Bluff Realty LLC CASE NUMBER: LV-2016-0240 PERMIT: NCO033600 REGION: Asheville FACILITY: Pigeon Valley Rest Home COUNTY: Haywood LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 7/13/2016 7-2016 BOD, 5-Day(20 Deg. Weekly mg/I 45 80.10 78.0 Daily Maximum $100.00 0)-Concentration Exceeded 7/20/2016 7-2016 BOD,5-Day(20 Deg. Weekly mg/l 45 87.10 93.6 Daily Maximum $100.00 C)-Concentration Exceeded 7/31/2016 7-2016 BOD,5-Day(20 Deg. Weekly mg/l 30 58.90 96.2 Monthly $250.00 C)-Concentration Average Exceeded j ids" P PAU-, 4_, CERTIFIED MAIL #: 7015 1520 0003 5463 1438 RETURN RECEIPT REQUESTED November 30, 2016 Fred Baisden, Mayor City of Saluda Post Office Box 248 Saluda, NC 28773 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-DV-0017 City of Saluda City of Saluda Collection System Sanitary Sewer Overflows Collection System Permit No. WQCSDO059 Polk County Dear Permittee: The-self-reported.Sanitary Sewer Overflow (SSO) 5-DayReport submitted-.by the City of Saluda indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Area Violation Date Description Violation Type MH beside railroad tracks and 10/10/2016 Sanitary Sewer Overflow of Discharge behind Gem Mine through 30 gallons to an unnamed Without Valid DWR Incident#201602040 10/10/2016 tributary to Joel's Creek Permit Remedial actions, if not already implemented, should be taken to correct the above noncompliance. State ofNorth Carolina I Environmental Quality I Water Resources 2090 U.S.Hwy.70 I Swannanoa,North Carolina 28778 8282964500 If you have any questions, please do not hesitate to contact Beverly Price with the Water Quality Section in the Asheville Regional Office at (828) 296-4685 or via email at bev.price@ncdenr.gov. Sincerely, ��-GLa'ndon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Jonathan Cannon, Town Manager Asheville Regional Office - WQS File Central Files, Water Quality Section G:\WR\WQ\Po1k\Co11ecbon Systems\Saluda WQCSDO059\NOD-2016-DV-0017SSO.rtf PA TMCOX "Urcts 14, -50 TA- Certified Mail#7014 0510 0000 4466 4347 Return Receipt Requested November 30, 2016 Ron Nalley, Town Manager Town of Lake Lure PO Box 25S Lake Lure,NC 28746-0255 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 WW Permit No.NCO0253 81 Town of Lake Lure Lake Lure WWTP Case No. LV-2016-0243 Rutherford County Dear Permittee: This,letter transmits allotice of Violation and assessment of civil penalty in the amount of$2,616.62($2,500.00 civil penalty +$116.62 enforcement costs)against Town of Lake Lure. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR) submitted by Town of Lake Lure for the month of July 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC00. 25381. Theviolations, which occurred in July 2016, are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Town of Lake Lure violated the terms,conditions or requirements of NPDES WW Permit No.NCO025381 and G.S. 143-215.l(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 Environmental Quality and the Director of the Division of Water Resources,I, G.Landon Davidson, P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Town of Lake Lure: State of North Carolina I Environmental Quality I Water Resources 2090 U&70 Highway,Swannanoa,NC 28778 828-296-4500 $1,250.00 1 of the I violations of 143-215.1(a)(6)and PennitNo.NCO025381,by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for FLOW. $1,250.00 1 of the I violations of 143-215.1(a)(6)and Permit No.NCO025381,by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for NH3-N-Conc. $2,500.00 TOTAL MIL PENALTY $116.62 Enforcement Costs $2,616.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I(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(30)days of receipt of this notice,you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Envirom-nental Quality(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- Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request:, Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I(b)was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the.violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and infonnyou.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 Envirom-nental 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 thi!:ty(30)dgys of receipt Pf this notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission Request Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Option 3: File a petition for an administrative hearin2 with the Office of Administrative Hearin2s: 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 witb 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 non-nal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §15013-23.2)is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)733-2698 Fax: (919)733-3478 One(1)copy of the petition must also be served on DEQ as follows: Mr. Sam M.Hayes, General Counsel Department of Environmental Quality 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 with the Division of Water Resources staff of the Asheville Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G.Landon Davidson,P.G.,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources,NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office-Enforcement File NPDES Compliance/Enforcement Unit-Enforcement File Byers Environmental/ORC 1-me WWI F1 25.338 11.1 1 L V-20 16-0243 af JUSTIFICATION FOR REMISSION REQUEST "se Number: LV-2016-0243 County: Rutherford Assessed Party: Town of Lake Lure Permit No.: NCO025381 Amount Assessed: $2,616.62 Please use this form when requesting remission of this civil penalty. You must also complete the "'Request For Remission, Waiver ofRight to an Administrative Hearing, and Stipulation ofFacts"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 apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessmentfactors are listed in the civilpenalty 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 andpreventfuture occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or somethingyou could notprevent orpreparefor); (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 howpayment of the civilpenalty will prevent youftom performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Lake Lure Lake Lure WWTP PERMIT NO.NCO025381 CASE NO. LV-2016-0243 Having been assessed civil penalties totaling$2,616.62 for violation(s)as set forth in the assessment document of the Division of Water Resources dated November 3 0,2016 the undersigned, desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(3 0)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 ATTACHMENT A Town of Lake Lure CASE NUMBER: LV-2016-0243 PERMIT: NCO025381 REGION: Asheville FACILITY: Lake Lure WWTP COUNTY: Rutherford LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 7/31/2016 7-2016 Flow, in conduit or thru Continuous mgd 0.50 0.60 13.3 Monthly $1,250�00 treatment plant Average Exceeded 7/31/2016 7-2016 Nitrogen,Ammonia 3 X week mg/l 9.40 13.80 46.9 Mo nthly $1,250.00 Total (as N)- Average Concentration Exceeded Certified Mail # 7014 0510 0000 4466 4354 Return Receipt Requested November 30, 2016 Roger C Floren, II Flesher's Fairview Rest Home PO Box 1160 Fairview, NC 28730-1160 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0627 Permit No. NCO034924 Flesher's Fairview Rest Home WVV7P Buncombe County Dear Permittee: A review-of the August 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day(20 Deg. C) - 8/23/2016 45 64.3 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day(20 Deg. C) - 8/30/2016 45 66.2 Daily Maximum Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. 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, conclitions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Ifighway,Swannanoa,NC 28778 828-296-4500 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) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). 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 should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder:.Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:\WR\�VQ\Buncoinbe\Wastewater%,Miriors\Flesher's Rest Home 34924\N0V-N01-2016-L.V-0627,rtf JIM MEAMINEL PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary WaterResources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director November 3 0, 2016 DWR# 16-1144 Burke County Wayne Harris 1454 Harris Whisnant Rd. Morganton,NC 28655 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 1497 Harris Whisnant Road Dear Mr. Harris: You have our approval for the impacts listed below for the purpose described in your application dated November 10, 2016, and received by the Division of Water Resources (Division) on November 18, 2016. These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional conditions listed below. This certification is associated with the use of General Permit Number 30 once it is issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or local permits before proceeding with your project, including those required by(but not limited to) Sediment and Erosion Control,Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: I. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit, and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [t 5A NCAC 02H .05 06(b) and/or(c)] Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool � 0193 (acres) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and State of North Carolina I Enviromnental Quality I Water Resources 2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778 8282964500 1497 Harris Whisnant Road DVNTR# 16-1144 401 Approval Page 2 of 3 General Certification(s)/Pennit/Authorization and is responsible for complying with all conditions. [15ANCAC 02H .0507(d)(2)] 3. The proposed project must comply with the Burke County local riparian buffer ordinance approved by the Division of Water Resources under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b). 4. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba-Wateree river system 2006 Shoreline Management Plan. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 43 1-3 100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service: Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh,NC 27699-6714 Raleigh,NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 1497 Harris Whisnant Road DWR# 16-1144 401 Approval Page 3 of 3 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or Kevin.mitchell,a ,,ncdenr.gYov if you-have any questions or concerns. Sincerely, JPrice,. r.E 4, Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: Wayne Harris—Property owner (via email) William Elliott—USACE Asheville Regulatory Field Office (via email) Wade Harmon—Duke Energy(via email) Andrea Leslie—NCWRC (via email) Peter Minter—Burke County(via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit(via email) G:\WR\WQ\Burke\401s\Non-DOT\Harris 1497 Harris Whisnant Rd\APRVL.Harris 1497 Harris Whisnant Rd 11.30.2016.docx