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HomeMy WebLinkAboutDWR SWP Read File Archive Dec 2008 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director JdG { Division of Water Quality Asheville Regional Office December 1, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9494 W Lane Bailey City of Lenoir P® Box 958 Lenoir,NC 286450958 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO023981 City of Lenoir Lower Creek WWTP Case No. LV-2008-0439 Caldwell County Dear Mr. Bailey: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,000.00 ($2,000.00 civil penalty + $25.00 enforcement costs) against City of Lenoir. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Lenoir for the month of June 2008, This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0023981. The violations which occurred in June 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Lenoir violated the terms, conditions or requirements of NPDES Permit N00023981 and G.S, 143-215.1(a)(6)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisonfor the Asheville Region, hereby make the following civil penalty assessment against City of Lenoir: NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterguality.org FAX (828)299-7043 1-800 623-7748 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $500.00 NCO023981, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for NH3-N. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,500.00 NCO023981, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for N113-N. $2,000.00 TOTAL CIVIL PENALTY $25.00 Enforcement Costs $2,025.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be >— considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please dote that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and summit the enclosed"Request for Remission of Civil Penalties,Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center - Raleigh,North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter,as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Jeff Menzel with the Water Quality staff of the Asheville Regional Office at 828-296-4500 Ext., Sincerely, 5 Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments Enforcement File w/ attachments Central Files w/attachments JUSTIFICATION FOIL REMISSION REQUEST DWQ Case Number, LV-2008-0439 County: Caldwell Assessed Party. City of Lenoir Permit No. (if applicable). NC0023981 Amount Assessed. $2,025.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT. AND NATURAL RESOURCES COUNTY OF Caldwell City of Lenoir IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) AI)MINSTRATIVE FEARING AND Lower Creek W WTP ) STIPULATION OF FACTS PERMIT NO. NCO023981 ) FILE NO. LV-2008-0439 Having been assessed civil penalties totaling $1,525.00 for violation(s) as set forth in the assessment document of the Division of Water Quality.dated November 26, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE w W- LOU Z rn M r n -W a) Q a a >, s L' ryryz V LU Ix LU LLI M N > M �. O OD a w w U, J a U t- � C2 w ww O z g E E zw O U w c°> Q 6 6a v F- p ® z L6! g�j D y a 3 3 J I J w x x w z m U Q ow o a F z ga M w o° a a W > U CL d w L w U z z 3 ¢ _ _ o a z z Jyy F z U 0 w w LL J J d 4 F w O O O r 0o Ur O Z F- O ®w N N O O Zw Q O w z � �- O yy O W w Q o 0 a E w i Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources PColeen H.Sullins, Director Division of Water Quality `C Asheville Regional Office December 1, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9500 W Lane Bailey City of Lenoir PO Box 958 Lenoir,NC 286450958 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215,1(a)(6) and NPDES Permit NCO023736 City of Lenoir Gunpowder Creek WWTP Case No. LV-2008-0437 Caldwell County Dear Mr. Bailey: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,500.00 ($1,500.00 civil penalty+ 25.00 enforcement costs) against City of Lenoir. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Lenoir for the month of April 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0023736. The violations which occurred in April 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Lenoir violated the terms, conditions or requirements of NPDES Permit NCO023736 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215,1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against City of Lenoir: North Carolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,INC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterguality.org FAX (828)299-7043 1-800 623-7748 ��\ i �` �_�� (`��: 0 of the 2 violations of G,S. 143-215.1(a)(6) and NPDES Permit No, $.00 NC0023736, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for RIES/TSS. 1 of the 1 violations of G.S, 143-215.1(a)(6)and NPDES Permit No. $1,500.00 NC0023736, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/TSS. $1,500.00 TOTAL CIVIL PENALTY $25.00 Enforcement Costs $1,525.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty l have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: i (1) whether one or more of the civil penalty assessment factors in NCGS 1438-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission;you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should .be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 O �® File a petition for an administrative hewing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Jeff Menzel of the Water Quality staff at the Asheville Regional Office at 828-296-4500 Ext.. Sincerely, RY Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/attachments Central Files w/ attachments �.._.... �'\\ %.- 1 4`.../! JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0437 County: Caldwell Assessed Party: City of Lenoir Permit No. (if applicable): NC0023736 Amount Assessed: $1,525.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Yhaiver of Right to an Administrative. Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in MC.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT''­�, AND NATURAL RESOURCES COUNTY OF Caldwell City of Lenoir IN THE MATTER OF.ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Gunpowder Creek WWTP ) STIPULATION OF FACTS PERMIT NO. NCO023736 } FILE NO. LV-2008-0437 Having been assessed civil penalties totaling $1,500.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 25, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE T fIN 1fl EA z `® O O m O d P- rfH� p _< 0 rt Z N m m '08 7 � - O O O ® (� w w W �� GS z 0 w G'f O C 0 0 0 m3n. r r � I� m m m n O (D d ® G z m m m D C a 0 O tv u� v0i m � -i m 9 0 8 -o n D C (n A n o m ®m -4 z o (0 -j c D w m w m® 01 m z - D Zy ® C� X x x m r m m m A ,< C m x n m z 0 D < i A W V n e O io �o >-I z C® m 0 m a r 1 h D <r O N ne m-a m 0 e n m w 20 X J A oVo -1 m m O z o N m NI �. O < D D D I- m m m N i` ro m m z m m o � m a a a a n a Ark Michael F.Easley,Governor William G.Ross Jr.,Secretary 7 North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality December 2, 2008 Mr. Thomas E. Hartye, PE Metropolitan Sewerage District of Buncombe County 2028 Riverside Drive Asheville, North Carolina 28804 Subject: Compliance Evaluation Inspection Metropolitan Sewerage District of Buncombe County Wastewater Collection system Permit Number WQCS00004 Buncombe County Dear Mr. Hartye: Attached is the report resulting from my collection system operations and maintenance inspection conducted at the Metropolitan Sewerage District of Buncombe County on November 20, 2008. The MSD is doing an excellent job of caring for this system. Should you need to discuss any aspect of this report, please do not hesitate to call me at 828-296-4659. Sincerely, Roy M. Davis Environmental Engineer Xc: Barry Cook, MSD, CSORC, w/attachment Dennis Lance, MSD, w/attachment G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\Inspection Cover Letter-MSD.08.doc North Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Compliance Inspection Report Permit: WQCS00004 Effective: 10/25/07 Expiration: 09/30/12 Owner: Metropolitan Sewerage District of Buncombe County North Carolina SOC: Effective: Expiration: Facility: MSD Buncombe County Collection System County: Buncombe 2028 Riverside Dr Region: Asheville Asheville NC 288043054 Contact Person: Ann Pier Lemieux Title: Phone: 282-255-0061 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NCO024911 Metropolitan Sewerage District of Buncombe County North Carolina- French Broad River WRF Inspection Date: 11/20/2008 Entry Time: 09:00 AM Exit Time: 11:30 AM Primary Inspector: Roy M Davis Phone: 828-296-4500 Secondary Inspectors): Ext.4659 Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ■ Compliant Q Not Compliant Question Areas: ®Miscellaneous Questions ®Performance Standards Operation&Maint Reqmts Records ®Monitoring&Rpting ®Inspections Reqmts (See attachment summary) Page: 1 Permit:WQCS00004 Owner-Facility: Metropolitan Sewerage District of Buncombe County North Carolina Inspection Date: 11/20/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The MSD is doing an excellent job of maintenance and operation of its collection system. Page: 2 Permit:WOCS00004 Owner-Facility: Metropolitan Sewerage District of Buncombe County North Carolina Inspection Date: 11/20/2008 Inspection Type:Compliance Evaluation Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? n What educational tools are used? Direct mailing,bill boards,door hangings. Is Sewer Use Ordinance/Legal Authority available? n n n Does it appear that the Sewer Use Ordinance is enforced? n n n Is Grease Trap Ordinance available? 11 n n Is Septic Tank Ordinance available(as applicable, i.e. annexation) List enforcement actions by permittee, if any, in the last 12 months 37 enforcement actions takent during 2008 Has an acceptable Capital Improvement Plan(CIP)been implemented? n 0 n Does CIP address short term needs and long term\"master plan\"concepts? n n n Does CIP cover three to five year period? n n n Does CIP include Goal Statement? n n n Does CIP include description of project area? n n n Does CIP include description of existing facilities? ■ n n n -- Does CIP include known deficiencies? ■ n ❑ n - Does CIP include forecasted future needs? ■ n n n Is CIP designated only for wastewater collection and treatment? ■ ❑ n n Approximate capital improvement budget for collection system? $18,800,000.00 Total annual revenue for wastewater collection and treatment? $36,400,000.00 CIP Comments Is system free of known points of bypass? ■ n n n If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ n ❑ n #Does the sign include: Instructions for notification? ■ n n n Pump station identifier? ■ n n 'n 24-hour contact numbers ■ n If no, list deficient pump stations NA Page: 3 t Permit:WQCS00004 Owner-Facility: Metropolitan Sewerage District of Buncombe County North Carolina Inspection Date: 11/20/2008 Inspection Type:Compliance Evaluation Beason for Visit: Routine #Do ALL pump stations have an"auto polling"feature/SCADA? n U n Number of pump stations 31 Number of pump stations that have SCADA 31 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 0 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? n f 1 I sl #If yes,date implemented? Describe: Dukes,60,000 feet during 2008 Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? n Are records available that document pump station inspections? n n n Are SCADA or telemetry equipped pump stations inspected at least once a week? I 1 n n Are non-SCADA/telemetry equipped pump stations inspected every day? n 0 n n Are records available that document citizen complaints? ■ n n n #Do you have a system to conduct an annual observation of entire system? n n n #Has there been an observation of remote areas in the last year? D n n Are records available that document inspections of high-priority lines? ■ n n Has there been visual inspections of high-priority lines in last six months? ® n n D Comment: MSD has gone almost exclusively to paper less records keeping. Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ n I) n Does supervisor review all log books on a regular basis? ■ ❑ In n Does the supervisor have plans to address documented short-term problem areas? ® El 00 What is the schedule for reviewing inspection, maintenance, &operations logs and problem areas? As needed. Are maintenance records for equipment available? ® n n n Is a schedule maintained for testing emergency/standby equipment? ■ Cl ❑ n What is the schedule for testing emergency/standby equipment? Page: 4 Permit:WQCS00004 Owner-Facility: North Metropolitan naewerage District of Buncombe County CaroInspection Date: 11/20/2008 Inspection Type:Compliance Evaluation Reason for Visit: Routine Do pump station logs include: Inside and outside cleaning and debris removal? n Inspecting and exercising all valves? n n Inspecting and lubricating pumps and other equipment? n n n Inspecting alarms,telemetry and auxiliary equipment? n n n Is there at least one spare pump for each pump station w/o pump reliability? n n n Are maintenance records for right-of-ways available? n n Are right-of-ways currently accessible in the event of an emergency? n 0 n Are system cleaning records available? n n n Has at least 10%of system been cleaned annually? n n What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? n ® n Does the plan include: 24-hour contact numbers n n n r- Response time ® ❑ n n J' Equipment list and spare parts inventory ■ ❑ n n Access to cleaning equipment ® n n in Access to construction crews, contractors, and/or engineers n n Cl Source of emergency funds ■ n n ❑ Site sanitation and cleanup materials ■ n n n Post-overflow/spill assessment ® ❑ ❑ n Is a Spill Response Action Plan available for all personnel? ® n n n Is the spare parts inventory adequate? ■ n n Cl Comment: Records Yes No NA NE Are adequate records of all SSOs, spills and complaints'available? ® n n n Are records of SSOs that are under the reportable threshold available? ■ ❑ ❑ n Do spill records indicate repeated overflows(2 or more in 12 months)at same location? n ■ ❑ n If yes, is there a corrective action plan? n n ■ 11 Is a map of the system available? ® n ❑ n Page: 5 Permit: VVQCS00004 Owner-Facility; Metropolitan Sewerage District of Buncombe County North Carolina Inspection Date: 11/20/2008 Inspection Type:Compliance Evaluation Reason for visit: Routine Does the map include: Pipe sizes Pipe materials E) rl f1 fl 0 0 Pipe location Flow direction ❑ 0 0 Approximate pipe age Number of service taps fl Pump stations and capacity fl rl n 100 If no,what percent is complete? List any modifications and extensions that need to be added to the map None #Does the permittee have a copy of their permit? Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? Are public notices and proof of publication available? ® n #Is an annual report being prepared in accordance with G.S. 143-215.1 C? ® � Q #Is permittee compliant with all compliance schedules in the permits? ® ❑ ❑ ❑ If no,which one(s)? NA Comment: Page: 6 Michael F. Easley,Governor William G.Ross Jr.,Secretary Q North Carolina Department of Environment and Natural Resources 7 Coleen Sullins,Director Division of Water Quality P 'C' December 2, 2008 MEMORANDUM To: Tracy A.Walter, Bridge Project Planning Engineer Project Development and Environmental Analysis Branch NC Department of Transportation From: Michael R. Parker,NC Division of Water Quality, Asheville Regional Office Subject: Scoping comments on proposed replacement of Bridge No. 138,NCSR 1151 in Madison County, Federal Aid Project No. BRSTP 1151(6), WBS Element No. 40165.1.1, TIP Project No. B-4984 This office has reviewed the correspondence dated October 29, 2008 in which you requested comments for the referenced project. The Division of Water Quality(DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. Based on a preliminary review of the project study area,tributaries, wetlands and riparian buffers associated with the following named stream(s)that could be impacted by the proposed project: Stream Name River Basin Stream Stream Index Classification(s) Number Big Pine Creek French Broad C 6-108 DWQ has the following comments: Project Specific Comments: 1. Big Pine Creek is classified as C waters of the State but the NCWRC classifies Big Pine Creek as trout waters. DWQ recommends that the most protective sediment and erosion control BMPs be implemented to reduce the risk of turbidity violations in trout waters. 2. All appropriated work moratoria shall be followed in accordance with NCWRC recommendations for the Big Pine Creek. 3. Any anticipated dewatering or access structures necessary for construction of bridges should be addressed in the CE. It is understood that final designs are not determined at the time the CE is developed. However,the CE should discuss the potential for dewatering and access measures necessary due to bridge construction. 4. Any anticipated bank stabilization associated with bridge construction should be addressed in the CE. It is understood that final designs are not determined at the time the CE is developed. However,the CE should discuss the potential for bank stabilization necessary due to bridge construction. One NorthCar VVatun North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper E-4984 December 2, 2008 Page 2 5. Japanese Knot Weed(JKW) is located in close proximity(upstream and downstream)to the existing bridge. It is recommended that DOT try to remove this very invasive plant from the stream banks where construction will take place. It is suggested that the JKW be sprayed with herbicide in the spring and cut in the fall. The cuttings should be burned or buried under at least six(6)feet of fill material. For construction sites it is suggested that the JKW be dug out of the ground,removing most of the root ball as possible, and burying the JKW under at least six(6) feet of fill. General Comments Regarding Bridge Replacement Projects; 6. The environmental document shall provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping. If mitigation is necessary as required by 15A NCAC 21-1.0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. 7. Environmental assessment alternatives shall consider design criteria that reduce the impacts to streams and wetlands from storm water runoff. These alternatives shall include road designs that allow for treatment of the storm water runoff through best management practices as detailed in the most recent version of NC DWQ Stormwater Best Management Practices, such as grassed swales,buffer areas, preformed scour holes, retention basins,etc. 8. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification,the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands(and streams)to the maximum extent practical. In accordance with the Environmental Management Commission's Rules {I 5A NCAC 2H.0506(h)}, mitigation will be required for impacts of greater than 1 acre to wetlands. In the event that mitigation is required,the mitigation plan shall be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation. 9. In accordance with the Environmental Management Commission's Rules {15A NCAC 2H.0506(h)},mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation is required,the mitigation plan shall be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as stream mitigation. 10. DWQ is very concerned with sediment and erosion impacts that could result from this project. NC DOT shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 11. If a bridge is being replaced with a hydraulic conveyance other than another bridge, DWQ believes the use of a Nationwide Permit may be required. Please contact the US Army Corp of Engineers to determine the required permit(s). 12. If the old bridge is removed, no discharge of bridge material into surface waters is allowed unless otherwise authorized by the US ACOE. Strict adherence to the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification. ,-,-4984 December 2, 2008 Page 3 13. Bridge supports (bents)shall not be placed in the stream when possible. 14. Whenever possible,the DWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the streambanks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges should allow for human and wildlife passage beneath the structure, do not block fish passage and do not block navigation by canoeists and boaters. 15. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales, pre-formed scour holes, vegetated buffers, etc.)before entering the stream. Please refer to the most current version of NC DWQ Stormwater Best Management Practices. 16. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 17. If temporary access roads or detours are constructed,the site shall be graded to its preconstruction contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species should be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and minimizes soil disturbance. 18. Placement of culverts and other structures in waters, streams, and wetlands shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction,please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 19. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 20. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is approved under General 401 Certification Number 3624/Nationwide Permit No. 6 for Survey Activities. 21. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. B-4984 December 2, 2008 Page 4 22. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise approved by NC DWQ. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags,rock berms; cofferdams and other diversion structures should be used to prevent excavation in flowing water. 23. Sediment and erosion control measures shall not be placed in wetlands and streams. 24. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow/waste areas could precipitate compensatory mitigation. 25. While the use of National Wetland Inventory(NWI) leaps,NC Coastal Region Evaluation of Wetland Significance(NC-CREWS)maps and soil survey maps are useful tools,their inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. 26. Heavy equipment shall be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. 27. In most cases,the DWQ prefers the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment,the old structure shall be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed and restored to the natural ground elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall not be used in riparian areas. 28. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 29. Riparian vegetation(native trees and shrubs) shall be preserved to the maximum extent possible. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Mike Parker at(828) 296-4500. cc: David Baker, US Army Corps of Engineers, Asheville Field Office Clarence Coleman, Federal Highway Administration Marla Chambers,NC Wildlife Resources Commission Transportation Permitting Unit Asheville Regional Office Copy Scoping Comments TIP Project No.B-4984 NCSR 1151 /A Michael F.Easley,Governor Q�r William G.Ross Jr.,Secretary PNorth Carolina Department of Environment and Natural Resources p Coleen H.Sullins,Director Division of Water Quality December 3, 2008 DWQ Project# 08-1662 Jackson County James Larson 4472 Clearwater Harbor Dr. Largo, FLA 33770 Subject Property: Jaynes Larson Property,Lot#14 Thorpe Lake (Glenville Lake) Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Larson: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 560 square feet(0.013 acres) of open waters below normal pool lake level, and 140 square feet(0.003 acres) above normal pool lake level for the purpose of shoreline stabilization along 70 linear feet of shoreline at the subject property, as described within your application dated October 30, 2008 and received by the N.C. Division of Water Quality(DWQ)on November 5, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s)3693 (GC3693). The Certification(s) allows you to use Regional Permit(s) 30 when issued by the US Army Corps of Engineers(USACE). In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project - including(but not limited to) Erosion and Sediment Control,Non-discharge,and Stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are, 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Waters 0,013 (acres) 560 sq.ft. below lake level Waters 0.003 (acres) 140 sq.ft. above lake level No thCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www,.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Jackson\401 s\08-1662LarsonAPPROVAL.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper James Page 2 o_, December 3,200-\ Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, * gip Coleen H. Sullins, Director Enclosures: GC 3693 Certificate of Completion cc: 401/Wetland Unit USACE Asheville Regulatory Field Office DWQ Asheville Regional Office Central Files Duke Energy-Lake Services-Lisa Leatherman rR Michael F.Easley,Governor G William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Q Coleen H.Sullins,Director Division of Water Quality December 3, 2008 DWQ Project#08-1657 Jackson County John Warren 1992 Whiteside Cove Rd. Highlands,NC 28741 Subject Property: John Warren Driveway Unnamed Tributary to Green Creek (SAV Basin) Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Warren: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 20 feet of streams for the purpose of culvert installation at the subject property, as described within your application dated October 30, 2008 and received by the N.C. Division of Water Quality(DWQ) on November 3, 2008. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of Engineers(USACE). In addition,you should obtain or otherwise comply with any other required ` federal,state or local permits before you go ahead with your project including(but not limited to) - Erosion and Sediment Control,Non-discharge,and Stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 20 (feet) Crossing #1 (C-1) NorthCarolina _- Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www,.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Jackson\401 s\08-1657WarrenAPPROVAL.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper John V. Page 2'G:, December 3,200b, Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask fora hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, / Coleen H. Sullins, Director Enclosures: GC 3705 Certificate of Completion cc: 401/Wetland Unit ; USACE Asheville Regulatory Field Office Jackson County Planning DWQ ARO Regional Office File Copy Central Files Terry Allen PO Box 103 Rosman,NC 28772 Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Ja Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION SECTION December 3, 2008 Mr. James Rice Northview Mobile Home Park 329 Emma Road Asheville, North Carolina 28806 Subject: Northview Mobile Home Park Wastewater Treament Plant NPDES Permit No. N00067342 Buncombe County Dear Mr. Rice: have tried to reach you by phone without success. Have you yet modified the two wastewater treatment plant clarifiers at Northview Mobile Home Park so that they operate in parallel. Additionally, have you yet submitted construction plans and specifications and an Application for an Authorization to Construct Permit to expand the treatment plant? We continue to receive reports that the effluent from the North View plant is visible in the receiving stream. A visible discharge tells me that the plant is not operating properly. I look forward to hearing from you. It would be helpful if I had your cell phone number. Sincerely, Roy Davis Environmental Engineer cc: Wanda Frazier Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Buncombe\67342 North View MHP\Northview MHP Letter2.08.doc NOnrthCarolina Vaturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877/623-6748 ®� \NAT � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources > Coleen 1-9. Sullins, Director p Division of Water Quality Asheville Regional Office December 3, 2008 Mr. Johnny Norton, Mayor Town of Hot Springs Post Office Sox 218 Hot Springs, North Carolina 28743 Subject: Permit No. WQ0033583 Town of Hot Springs Three Pump Stations Wastewater Collection System Extension Madison County Dear Mr. Norton: In accordance with your application received on November 5, 2008 and supplemental information received on November 11, 2008 we are forwarding herewith Permit No. WQ0033583, dated December 3, 2008 to the Town of Hot Springs for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered apart of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Be aware that issuance of this permit does not relieve the Town of Hot Springs of an enforcement action for construction of the sewers included herein prior to the issuance of the permit to do so. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. NorthCarolina naturally Asheville Regional Office Internet www,ncwaterquality.org 2090 US Highway 70, Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Hot Springs December 3, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North �- Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Hot Springs to construct and operate approximately 24 linear feet of 8-inch diameter gravity sewer; a 25—gallon per minute pump station (South Spring Street) with duplex pumps, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry; a 125—gallon per minute pump station (North Spring Street) with duplex pumps, on-site audible and visual high water alarms, and an onsite permanently installed emergency power generator with telemetry and automatic transfer switch a 25—gallon per minute pump station (Silver Mine) with duplex pumps, on- site audible and visual high water alarms, and a portable generator receptacle with telemetry ; as well as approximately 531 linear feet of 4-inch diameter force main as part of the Town of Hot Spring's wastewater collection system with the continued discharge of the collected wastewater into the Town of Hot Springs wastewater treatment plant, pursuant to the application received on November 5, 2008 and in conformity with 15A NCAC 2T.0305, the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Hot Springs Wastewater Treatment Facility (Permit No. NC0025836) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Madison County Building Inspector ARO, Surface Water Protection (WWTF Permit No. N00025836) Brian L. Tripp, PE Surface Water Protection Section Central Files PERCS Files G:\WPDATA\DEMWQ\Madison\Hot Springs Collection System\WQ0033583-Hot Springs-3 Pump Stations.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF HOT SPRINGS THREE PUMP STATIONS WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033583 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted .June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year, g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 2 Permit Na WQ0033583, Town of Hot Springs Three Pump Stations, Madison County, December 3 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval. of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 3 .a No. WQ0033583 Town of Hot Springs Three Pump Stations. Madison ounty December 3 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b.. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial. verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 3d day of December, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for dole n H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission r Permit Number WQ0033583 4 Permit No W00033583 Town of Hot Soring_a,Three Pump Stations Madison County, December 3 2008 ENGINEERING CERTIFICATIONPOST CONSTRUCTION System Description: 24 linear feet of 8-inch diameter gravity sewer, a 25—gallon per minute pump _ station (South Spring Street) with duplex pumps, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry; a 125—gallon per minute pump station (North Spring Street) with duplex pumps; on-site audible and visual high water alarms, and an onsite permanently installed emergency power generator with telemetry and automatic transfer switch; a 25--gallon per minute pump station (Silver Mine) with duplex pumps, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry, and 531 linear feet of 4-inch diameter force main Complete and submit this form to the Asheville regional office with the following: ® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension ® supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project ® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final - �J I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................:.......................................................... ... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. j� Michael F. Easley,Governor William G. Ross Jr.,Secretary. North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality December 4, 2008 MEMORANDUM To: Jimmy Goodnight, PE Roadway Design Project Engineer NC Department of Transportation Mark Hussey Project Design Engineer NC Department of Transportation From: Michael R. Parker, C Division of Water Quality, Asheville Regional Office Subject: Scoping comments on proposed replacement of Bridge No. 227 over Reems Creek,NCSR 2105 in Buncombe County, Federal Aid Project No. BRZ-2105(1), Project No. 333703.1.1, TIP Project No. B-4446 This office has reviewed the correspondence dated November 7, 2008 in which you requested comments for the referenced project. As a note there were no environmental commitments attached to the memorandum. The Division of Water Quality(DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. Based on a preliminary review of the project study area,tributaries,wetlands and riparian buffers associated with the following named stream(s)that could be impacted by the proposed project: Stream Name River Basin Stream Stream Index Classifications Number Reems Creek French Broad C-trout 6-87-(1) DWQ has the following comments: Project Specific Comments: 1. Reems Creek is classified as C-trout waters of the State. DWQ recommends that the most protective sediment and erosion control BMPs be implemented to reduce the risk of turbidity violations in trout waters. 2. All appropriated work moratoria shall be followed in accordance with NCWRC recommendations for the Reems Creek. 3. Any anticipated dewatering or access structures necessary for construction of bridges should be addressed in the CE. 1t is understood that final designs are not determined at the time the CE is developed. However,the CE should discuss the potential for dewatering and access measures necessary due to bridge construction. one North Car �at�rrti North Carolina Division of Water Quality 2090 U.S,Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper B-4446 December 4, 2008 Page 2 4. Any anticipated bank stabilization associated with bridge construction should be addressed in the CE. It is understood that final designs are not determined at the time the CE is developed. However,the CE should discuss the potential for bank stabilization necessary due to bridge construction. General Comments Regarding Bridge Replacement Projects: 5. The environmental document shall provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping. If mitigation is necessary as required by 1 SA NCAC 2H.0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. 6. Environmental assessment alternatives shall consider design criteria that reduce the impacts to streams.and wetlands from storm water runoff. These alternatives shall include road designs that allow for treatment of the storm water runoff through best management practices as detailed in the most recent version of NC DWQ Stormwater Best Management Practices, such as grassed swales, buffer areas, preformed scour holes,retention basins, etc. 7. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands(and streams)to the maximum extent practical. In accordance with the Environmental Management Commission's Rules {I 5A NCAC 2H.0506(h)), mitigation will be required for impacts of greater than 1 acre to wetlands. In thei event that mitigation is required,the mitigation plan shall be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation. 8. In accordance with the Environmental Management Commission's Rules (I 5A NCAC 2H.0506(h)),mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation is required,the mitigation plan shall be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as stream mitigation. 9. DWQ is very concerned with sediment and erosion impacts that could result from this project. NC DOT shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 10. If a bridge is being replaced with a hydraulic conveyance other than another bridge, DWQ believes the use of a Nationwide Permit may be required. Please contact the US Army Corp of Engineers to determine the required permit(s). 11. If the old bridge is removed, no discharge of bridge material into surface waters is allowed unless otherwise authorized by the US ACOE. Strict adherence to the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification. 12. Bridge supports(bents) shall not be placed in the stream when possible. J-4446 December 4, 2008 Page 3 13. Whenever possible,the DWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the streambanks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges should allow for human and wildlife passage beneath the structure, do not block fish passage and do not block navigation by canoeists and boaters. 14. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales, pre-formed scour holes,vegetated buffers, etc.)before entering the stream. Please refer to the most current version of NC DWQ Stormwater Best Management Practices. 15. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 16. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species should be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and minimizes soil disturbance. 17. Placement of culverts and other structures in waters, streams, and wetlands shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the-above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 18. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 19. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is approved under General 401 Certification Number 3624/Nationwide Permit No. 6 for Survey Activities. 20. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. B-4446 December 4, 2008 Page 4 21. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise approved by NC DWQ. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms; cofferdams and other diversion structures should be used to prevent excavation in flowing water. 22. Sediment and erosion control measures shall not be placed in wetlands and streams. 23. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow/waste areas could precipitate compensatory mitigation. 24. While the use of National Wetland Inventory(NWI)maps,NC Coastal Region Evaluation of Wetland Significance(NC-CREWS)maps and soil survey maps are useful tools,their inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. 25. Heavy equipment shall be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids,or other toxic materials. 26. In most cases,the DWQ prefers the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment,the old structure shall be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed and restored to the natural ground elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall not be used in riparian areas. 27. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 28. Riparian vegetation(native trees and shrubs) shall be preserved to the maximum extent possible. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Mike Parker at(828) 296-4500. cc: David Baker, US Army Corps of Engineers,Asheville Field Office Clarence Coleman, Federal Highway Administration Marla Chambers,NC Wildlife Resources Commission Elizabeth Lusk,NCDOT,PEDA Roger Bryan, Division 13, DEO Transportation Permitting Unit Asheville Regional Office Copy Scoping Comments TIP Project No.B-4446 NCSR 2105 ,A 7- Michael F. Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources y e Coleen Sullins, Director >_ IDAM, Division of Water Quality December 4, 2008 MEMORANDUM To: Jimmy Goodnight, PE Roadway Design Project Engineer NC Department of Transportation Mark Hussey Project Design Engineer NC Department of Transportation From: Michael R. Parker, C Division of Water Quality, Asheville Regional Office Subject: Scoping comments on proposed replacement of Bridge No. 227 over Reems Creek,NCSR 2105 in Buncombe County,Federal Aid Project No. BRZ-2105(1), Project No. 333703.1.1, TIP Project No. B-4446 This office has reviewed the correspondence dated November 7, 2008 in which you requested comments for the referenced project. As a note there were no environmental commitments attached to the memorandum. The Division of Water Quality(DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. Based on a preliminary review of the project study area,tributaries, wetlands and riparian buffers associated with the following named stream(s)that could be impacted by the proposed project: Stream Name Diver Basin Stream Stream Index Classification s Number Reems Creek French Broad C-trout 6-87-(1) DWQ has the following comments: Project Specific Comments: 1. Reems Creek is classified as C-trout waters of the State. DWQ recommends that the most protective sediment and erosion control BMPs be implemented to reduce the risk of turbidity violations in trout waters. 2. All appropriated work moratoria shall be followed in accordance with NCWRC recommendations for the Reems Creek. 3. Any anticipated dewatering or access structures necessary for construction of bridges should be addressed in the CE. It is understood that final designs are not determined at the time the CE is developed. However,the CE should discuss the potential for dewatering and access measures necessary due to bridge construction. One NorthCar Natur, North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper B-4446 December 4, 2008 Page 2 4. Any anticipated bank stabilization associated with bridge construction should be addressed in the CE. It is understood that final designs are not determined at the time the CE is developed. However,the CE should discuss the potential for bank stabilization necessary due to bridge construction. General Comments Regarding Bridge Replacement Projects: 5. The environmental document shall provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping. If mitigation is necessary as required by 15A NCAC 2H.0506(h), it is preferable to present a conceptual(if not finalized) mitigation plan with the environmental documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. 6. Environmental assessment alternatives shall consider design criteria that reduce the impacts to streams and wetlands from storm water runoff. These alternatives shall include road designs that allow for treatment of the storm water runoff through best management practices as detailed in the most recent version of NC DWQ Stormwater Best Management Practices, such as grassed swales, buffer areas, preformed scour holes, retention basins, etc. 7. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification,the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands (and streams)to the maximum extent practical. In accordance with the Environmental Management Commission's Rules {I 5A NCAC 2H.0506(h)),mitigation will be required for impacts of greater than 1 acre to wetlands. In the event that mitigation is required,the mitigation plan shall be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation. 8. In accordance with the Environmental Management Commission's Rules (I 5A NCAC 2H.0506(h)},mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation is required, the mitigation plan shall be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as stream mitigation. 9. DWQ is very concerned with sediment and erosion impacts that could result from this project. NC DOT shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 10. If a bridge is being replaced with a hydraulic conveyance other than another bridge, DWQ believes the use of a Nationwide Permit may be required. Please contact the US Army Corp of Engineers to determine the required permit(s). 11. If the old bridge is removed, no discharge of bridge material into surface waters is allowed unless otherwise authorized by the US ACOE. Strict adherence to the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification. 12. Bridge supports(bents)shall not be placed in the stream when possible. g3-4446 December 4, 2008 Page 3 13. Whenever possible,the DWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the streambanks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges should allow for human and wildlife passage beneath the structure, do not block fish passage and do not block navigation by canoeists and boaters. 14. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.)before entering the stream. Please refer to the most current version of NC DWQ Stormwater Bert Management Practices. 15. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 16. If temporary access roads or detours are constructed,the site shall be graded to its preconstruction contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species should be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally and minimizes soil disturbance. 17. Placement of culverts and other structures in waters, streams, and wetlands shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to detennine whether or not a permit modification will be required. 18. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 19. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is approved under General 401 Certification Number 3624/Nationwide Permit No. 6 for Survey Activities. 20. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. B-4446 December 4, 2008 Page 4 21. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise approved by NC DWQ. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms; cofferdams and other diversion structures should be used to prevent excavation in flowing water. 22. Sediment and erosion control measures shall not be placed in wetlands and streams. 23. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow/waste areas could precipitate compensatory mitigation. 24. While the use of National Wetland Inventory(NWI)maps,NC Coastal Region Evaluation of Wetland Significance(NC-CREWS)maps and soil survey maps are useful tools,their inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. 25. Heavy equipment shall be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids,or other toxic materials. 26. In most cases,the DWQ prefers the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment,the old structure shall be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed and restored to the natural ground elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall not be used in riparian areas. 27. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 28. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Mike Parker at(828)296-4500. cc: David Baker, US Army Corps of Engineers,Asheville Field Office Clarence Coleman, Federal Highway Administration Marla Chambers,NC Wildlife Resources Commission Elizabeth Lusk,NCDOT, PEDA Roger Bryan, Division 13, DEO Transportation Permitting Unit Asheville Regional Office Copy Scoping Comments TIP Project No.B-4446 NCSR 2105 :9 Michael F.Easley,Governor Qer William G.Ross Jr.,Secretary 7 North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality December 5, 2008 Yancey County DWQ Project No. 081355V.2 NCSR 1318 (Charlie Deyton Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr, J. J. Swain,Jr., P.E. Division Engineer N C Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Dear Mr. Swain: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in an unnamed tributary to Brush (Bush) Creek and in an unnamed tributary to the North Toe River, for the purpose of widening and making improvements to NCSR 1318 (Charlie Deyton Road) in Yancey County: Stream Im acts in the French Broad River Basin Site Permanent Temporary Fill in Permanent Fill in Temporary Total Stream Stream Fill in Intermittent Stream Perennial Stream Dewatering in Impact Impacts Intermittent (linear ft) (linear ft) Perennial Stream (linear ft) Requiring Stream (linear ft) Mitigation (linear ft) (linear ft) Original 0 0 10 60 70 0 approved impacts at Site 1 Sta. 18+76' Additional 0 0 10 60 70 Impacts with this approval at Site 2 Sta. 55+28 Total 0 0 20 120 140 0 Total Stream Permanent Impact for Project: 20 linear feet. Temporary Impact for Project: 120 linear feet. The project should be constructed in accordance with your application dated November 24, 2008 (received December 3, 2008), including the environmental commitments made in the application letter. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. NorthCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Mr.J. J. Swain,Jr., P.E. A. December 5,2008 Page Two This approval is valid solely for the purpose and design described in your application dated November 24, 2008 (received November_, 2008). All authorized activities and conditions of certification associated with the original Water Quality Certification dated September 9, 2008, still apply except as superceded by this certification. Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet,compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. All other conditions written into the previous Water Quality Certification dated September 9, 2008, for this project still apply. 2. The permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted with the application. 3. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 4. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State or Federal law. If DWQ determines that such standards or laws are not being met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. ' 5. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of discovery. 6. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed "Certificate of Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree Blvd., Suite 250, Raleigh,North Carolina 27604. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to,the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. ,ain, Jr., P.E. er• 5, 2008 'f WO j This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500. Sincerely, P-- oleen H. Sullins, Dir ctor Division of Water Quality cc: Roger Bryan, Division 13, DEO Ed Ingle, Roadside Environmental David Baker, USACE, Asheville Field Office Transportation Permitting Unit Mike Parker, Asheville Regional Office 081355V.2(Swain)NCSR 1318(Charlie Deyton Road) ,\ �., �._:�i Michael F.Easley,Governor p William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 5, 2008 Angela Marsico Haynes Wire Company 158 N Edgerton Rd Mountain Home,NC 28758 SUBJECT: NPDES Stormwater Permit Compliance Inspection Haynes Wire Company Permit No: NCS000209 Henderson County Dear Ms. Marsico: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on December 3, 2008. The facility was found to be in compliance with permit NCS000209. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at(828) 296-4664 or chuck.Cranford c ncmail.net, if I can be of any further assistance. Sincerely, 2ord Chuck Cra - Enclosure cc: Central Files Asheville Files NorthCarolina vVaturallrf 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 877-623-6748 G:\WPDATA\DEMWQ\Henderson\Stormwater Haynes Wire NCS000209\CEI_12-4-08.doc Compliance Inspection Report Permit: NCS000209 Effective: 05/01/02 Expiration: 04/30/07 Owner: Haynes Wire Company SOC: Effective: Expiration: Facility: Haynes Wire Company County: Henderson 158 N Egerton Rd Region: Asheville Mountain Home NC 28758 Contact Person: Angela Marsico Title: Phone:828-393-1258 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 12/03/2008 Entry Time: 09:00 AM Exit Time: 10:30 AM Primary Inspector: Chuck Cranford Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ■ Compliant Q Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCS000209 Owner-Facility: Haynes Wire Company Inspection Date: 12/03/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: DWQ staff was met on site by Angela Marisco and Kevin Fore. A tour was conducted of the exterior of the facility, observing the stormwater conveyances and outfalls and site conditions. During the visit,the SPPP manual was reviewed, operational activities and existing stormwater exposures were discussed. Permit requirements were also reviewed pertaining to the most recent permit version as well as anticipated changes within an updated version. At the time of the inspection the site was found to be in compliance with the permit. The inspector noted that the facility appears to maintain good housekeeping practices and records were found to be in good order. The inspector observed that if rod storage was carried out under-roof and dumpsters were sheltered from the weather, an opportunity might exist to receive a No Exposure Certification for the facility. Page: 2 Permit:NCS000209 Owner-Facility: Haynes Wire Company Inspection Date: 12/03/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ❑ #Does the Plan include a General Location(USES)map? ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ n #Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ #Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ❑ #Does the facility provide all necessary secondary containment? ❑ ❑ ❑ #Does the Plan include a BMP summary? w ❑ ❑ ❑ #Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ ❑ ❑ #Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ #Does the facility provide and document Employee Training? ❑ ❑ ❑ #Does the Plan include a list of Responsible Party(s)? ❑ ❑ ❑ #Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ / #Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ® ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ❑ ■ ❑ #Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ #Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ #If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ #Has the facility evaluated all illicit(non stormwater)discharges? ■ ❑ ❑ ❑ Comment: Page: 3 �4 � i "tF9 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources .� Coleen H.Sullins,Director Division of Water Quality December 9, 2008 DWQ Project#08-1012 Macon County Dan Springman Macon County Board-Of Education Post Office Box 1029 Franklin,NC 28744 Subject Property: Highlands School Soccer Field UT to Harris Lake Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Springman: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 0.00 acres of wetlands and 179 feet of streams for the purpose of constructing a regulation soccer field at the subject property, as described within your application dated June 23, 2008. The NC Division of Water Quality(DWQ)received the information required to complete your application on November 5,2008. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s)3705 (GC3705). The Certification(s)allows you to use Nationwide Permit(s)39 when issued by the US Army Corps of Engineers (USACE). In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non- discharge, and stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be.given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit)are met. No other impacts are approved including incidental impacts: Amount Approved (Units)tdrawing lan Location or Reference Stream 179 (feet) roposed Soccer Field One �nthCarolina aturq!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Dan Springman Page 2 of 3 December 9,2008 2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the NCDENR Wetlands Trust Fund administered by the NC Ecosystem Enhancement Program(EEP)to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to.meet the mitigation requirement._Until_ the EEP receives and clears your check(made payable to: DENR—Ecosystem Enhancement - - Program Office),no-impacts-specified-in this Authorization Certificate shall occur. The EEP should be contacted at(919) 716-1921 if you have any questions concerning payment into the fund. You have 60 days from the date of this approval to make this payment. For accounting purposes,this Authorization Certificate authorizes payment into the NCDENR Wetlands Trust Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation River and Sub-basin Number Required Stream 179 (linear feet) Little Tennessee 04-04-01 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C.27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Chuck Cranford in the DWQ Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director CHSIcbc Enclosures: GC 3705 Certificate of Completion cc: Pam Boaze—Fish and Wildlife Associates, Inc. USACE Asheville Regulatory Field Office David McHenry—Wildlife Resources Commission 401 Permitting Unit, Central Office File Copy Central Files Filename: G:\WPDATA\DEMWQ\Macon\401s\Highlands School\08-1012_Approval.doc Michael F.Easley,Governor QG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Cy .� Coleen H.Sullins,Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements -- --December-:9,2008 - ------- __ .. In accordance-with-15A-NCAC 2H.0500,_Macon County Board Of Education,have permission as outlined below to fill or otherwise impact 179 feet of stream associated with construction of the Highlands School Soccer Field, which is located on Pierson Drive, in Highlands,Macon County,North Carolina. All activities associated with these authorized impacts must be conducted in accordance with the conditions listed in the attached Certification(GC3705). COMPENSATORY MITIGATION REQUIREMENTS,ECOSYSTEM ENHANCEMENT PROGRAM NC EEP NAME: Highlands School Soccer Field DWQ PROJECT#: 08-1012 LOCATION: Highlands COUNTI Macon BASIN/HUC LTN/06010202 As required by 15A NCAC 2H.0500, and the conditions of this Certification,you are required to compensate for the above mitigable impacts through the restoration,creation, enhancement or preservation of wetlands,surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be (' rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 179 299(As indicated in your submittal) One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option,please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement, Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE,THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH,NC 27699-1652 (919)715-0476 Asheville Regional Office 2090 HWY 70 Swannanoa NC 28778 (828)296-4500 G:\WPDATA\DEMWQ\Macon\401s\Highlands School\08-1012_MitigationLtr.doc Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ti �� '� `�._; Michael F. Easley,Governor C3F WATT William G. Ross Jr., Secretary pGp North Carolina Department of Environment and Natural Resources t- - Coleen H.Sullins, Director p Division of Water Quality Asheville December 9, 2008 Mr. Preston Kendall Ingles Markets, Incorporated Post Office Box 6676 Asheville, North Carolina 28816 Subject: Permit No. WQ0033659 Ingles Markets, Incorporated Marshall Store Wastewater Collection System Extension Madison County Dear Mr. Kendall: In accordance with your application received on November 19, 2008 we are forwarding herewith Permit No. WQ0033659, dated December 9, 2008, to Ingles Markets, Incorporated for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute' §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 North.Carolli�n/a DENR Customer Service Center Telephone 1 800 623-7748 Na /✓tural An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Ingles Markets, Incorporated December 9, 2008 Page 2 . In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Ingles Markets, Incorporated to construct and operate approximately 180 linear feet of 8-inch diameter gravity sewer to serve the Ingles Store in Marshall and the discharge of 200 gallons per day of collected domestic wastewater into the Town of Marshall's existing sewerage system, pursuant to the application received on November 19, 2008 and in conformity with 15A NCAC 2T .0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Marshall's Wastewater Treatment Facility (Permit No. NC0021733) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely, for Coleen H. Sullins , Director Division of Water Quality cc: Madison County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0057151) Patrick M. Rivers, PE Town of Marshall Surface Water Protection Section Central Files PERCS Files G:\WPDATA\DEMWQ\Madison\Marshall Collection System\W00033659 Marshall- Ingles.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INGLES MARKETS, INCORPORATED INGLES STORE in MARSHALL MADISON COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033659 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No W00033659; Ingles Markets Incorporated: Marshall Store, Madison County, December 9 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for.any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life -' of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 c No W00033659;angles Markets Incorporated* Marshall Store, Madison County December 9, 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 9th day of December, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for tol4en H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033659 -, G:\WPDATA\DEMWQ\Madison\Marshall Collection System\WQ0033659 Marshall- Ingles.doc 3 Permit No WQ0033659 Ingles Markets Incorporated: Marshall Store, Madison County December 9 2008 ENGINEERING CERTIFICATION — POST CONSTRUCTION System Description:180 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ......................................................................... SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ....................................................................................................; The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. J A' i Michael F.Easley,Governor QG William G.Ross Jr.,Secretary �J 7 North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality December 9, 2008 DWQ Project# 08-1692 Madison County Robert C. and Tina Decker 374 Red Wolf Run Mars Hill, North Carolina 28754 Subject Property: Decker Property Access . UT to Ray Branch [FRB07, 7-3-2, D09SE8, WSIII, HQW] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. and Mrs. Decker: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 34 linear feet of streams for the purpose of constructing a property access at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on November 12, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters.as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If at anytime, this access is utilized by Red Wolf Run Subdivision, its residents, or contractors, mitigation shall be provided for all impacts related to Red Wolf Run. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Non thCarolina Naw, ly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality,org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Decker Properr;,, Page, December 9, 2L, The Additional Conditions of the Certification are. 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Plan Location or Reference Approved (Units) Stream 34 (linear feet) 1 2. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 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. 4. Culvert Installation All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.pdf) such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Decker Property Access Page 3 of 4 December 9, 2008 Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. Decker Proper,, Pag December 9, , This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director Division of Water Quality CHS1khb Enclosures: GC 3705 Certificate of Completion cc: Clement Riddle, Clear Water Environmental 718 Oakland Street Hendersonville, North Carolina 28791 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy ; Central Files Filename: 08-1692.DeckerPropertyAccess.Approval Michael F.Easley,Governor CR William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 9, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9524 Mr. James Rice North View Mobile Home Park 329 Emma Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2008-LV-0572 Permit No. NCO067342 North View Mobile Home Park WWTP Buncombe County Dear Mr. Rice: A review of North View Mobile Home Park's monitoring report for September 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total (as 09/04/08 35 mg/I 37.6 mg/I Daily Maximum N) Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely,f z�� Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Bob Guerra/ DWQ Enforcement Files James Queen/ORC One G:\WPDATA\DEMWQ\Buncombe\67342 North View MHP\NOV-2008-LV-0572.67342.doc NorthCarolma Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www ncwaterguality.org FAX (828)299-7043 1-877-623-6748 l�`7 \. �� /�..... _.,\ j Fig Michael F.Easley,Governor Q� William G.Ross Jr.,Secretary An. North Carolina Department of Environment and Natural Resources -� © Coleen H.Sullins, Director Division of Water Quality December 9, 2008 DWQ Project # 08-1600 Haywood County CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0798 9517 Ricky Teague Freshwater Development, LLC 5009 High Pointe Drive Pensacola, Florida 32505 Subject Property: River Woods Subdivision UT to Pigeon River [040305, 5-(7), C RETURNED AS INCOMPLETE Dear Mr. Teague: On October 17, 2008, the Division of Water Quality (DWQ) received your application submitted in regards to your request to perform filling activities within 30 linear feet of streams. The Division of Water Quality requested additional information in the form of an Additional Information Request mailed October 24, 2008. A response was received from you on November 5, 2008. The DWQ has determined that your application and additional information are insufficient in order to make an agency determination. Therefore, we are returning your application as incomplete in accordance with 15A NCAC 2H .0506. In order for your project to be reviewed in the future, you must submit a complete application along with the appropriate processing fee, including, but not limited to: • You must provide a complete alternatives analysis (evaluating all other forms of amenities, including, but not limited to, a surface water feature) which clearly articulates the purpose and need of the proposed amenity, as requested in Application Item LII: 11. • You must provide an avoidance and minimization narrative, including discussion about why an offline pond (with no fill in waters) cannot serve the proposed purpose, as required by Application Item Vll. • You must submit complete and comprehensive dam details. NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, N.C.28778 Phone(828)296-4500 Internet: www.newaterguality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer-50%Recycledl10%Post Consumer Paper River Woods Sui, Page`, December 9,f6,, •. You must provide data showing how water quality standards will not be violated within the proposed impoundment (including, but not limited to: temperature, pH, and dissolved oxygen). \ • You must provide a site plan with a lot layout overlay for the entire subdivision. • You must provide a vicinity map, a NRCS Soil Survey, and grading plans with a stream and wetland feature overlay as requested in Application Item III. • You must provide a project description (in detail) regarding the entire project (includes build-out) as requested in Item III. 10. You must include a discussion as to why a stream relocation is necessary for this project. • You must provide a complete evaluation of impervious surfaces for the development (at build-out) in order to determine the type of stormwater management needed for this development as requested in Application Item XI. If final disposition of the development not be in the applicants control, then a restrictive mechanism limiting impervious surfaces may be utilized in order to complete these calculations. • You must provide a final disposal disposition for all wastewater generated from this development (at build-out) as requested in Application Item XII. As you have no authorization under Section 401 of the Clean Water Act for this activity, any work within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please call Mr. Kevin Barnett at 828-296-4657 if you have any questions this matter. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Division of Water Quality KB cc: Wanda H. Austin, P.E. Heaven's Rose, Inc. 44 Homespun Road Sylva, North Carolina 28779 Cyndi Karoly, DWQ, Wetlands /401 Permitting Unit USACE Asheville Regulatory Field Office David McHenry, NC Wildlife Resources Commission File Copy Central Files Filename: 08-1600.RiverWoodsSubdivision.returned r�9 Michael F.Easley,Governor Q� William G.Ross Jr.,Secretary r_ North Carolina Department of Environment and Natural Resources LA n� ) __q p -< Coleen H.Sullins,Director Division of Water Quality December 9, 2008 DWQ Project# 07-1851-V2 Jackson County Susan Campbell 4800 S.W. 82❑d Street Miami,FL 33143 Subject Property: Susan Campbell Property,Lot 5 Thorpe Lake(Glenville Lake) Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Campbell: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 183 square feet(0.0042 acres)of open waters for the purpose of riprap shoreline stabilization along 61 linear feet of shoreline at the subject property, as described within your application dated November 2, 2008 and received by the N.C. Division of Water Quality(DWQ)on November 6, 2008. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s)3693 (GC3693). The Certification(s)allows you to use Regional Permit(s)30 when issued by the US Army Corps of Engineers(USACE). In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non-discharge, and Stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.0042(acres) 183 s .ft. North Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 GAWPDATA\DEMWQ\Jackson\401 s\07-185142CampbellAPPROVAL.doc An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Susan' Page,< December 9,20 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, Colee�n H. Sullins, Director Enclosures: GC 3693 Certificate of Completion cc: 401/Wetland Unit JI USACE Asheville Regulatory Field Office DWQ Asheville Regional Office Central Files Duke Energy-Lake Services-Lisa Leatherman Michael F.Easley,Governor rFirj7 William G.Ross Jr.,Secretary" North Carolina Department of Environment and Natural Resources Coleen Sullins,Director Division of Water Quality December 10, 2008 MEMORANDUM To: Mr. Charles Hansen, PE Public Services Director City of Hickory Ms.Michelle Peele The Louis Berger Group, Inc. From: Michael R. ParkKrC Division of Water Quality, Asheville Regional Office Subject: Scoping comments on proposed321 Connector Road,City of Hickory, Caldwell County This office has reviewed the correspondence dated November 17, 2008 in which you requested comments for the referenced project. The Division of Water Quality(DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. Based on a preliminary review of the project study area,tributaries,wetlands and riparian buffers associated with the following named stream(s)that could be impacted by the proposed project: Stream Name River Basin Stream Stream Index Classifications Number Gunpowder Creek Catawba WS-IV-CA 11-55-(4) DWQ has the following comments: Project Specific Comments: 1. Gunpowder Creek and associated unnamed tributaries are classified as WS-N-CA waters of the State. DWQ recommends that the City of Hickory use the Design Standards in Sensitive Watersheds [15A NCAC 4B .0124(a)-(e)] for sediment and erosion control because of the area being within the water supply Critical Area(CA). 2. All appropriate work moratoria shall be followed in accordance with NCWRC recommendations for Gunpowder Creek, associated unnamed tributaries and Lake Hickory, 3. Any anticipated dewatering or access structures necessary for construction of bridges should be addressed in the 401 Water Quality Certification Application. The application should discuss the potential for dewatering and access measures necessary for construction. 4. Any anticipated bank stabilization associated with the road construction should be addressed in the 401 Water.Quality Certification Application. NorthCar (Nature. North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Charles Hansen, PE December 10, 2008 Page 2 5. The City of Hickory may be required to design, construct and maintain hazardous spill catch basins in the project area if this area is determined to be a high truck traffic connector. The number of catch basins installed shall be determined by the design of the stream crossings, so that runoff would enter said basin(s) rather than flowing directly into surface waters, and consultation with the Division of Water Quality. General Comments: 6. The City of Hickory shall provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping. If mitigation is necessary as required by 15A NCAC 2H.0506(h), it is preferable to present a conceptual(if not finalized) mitigation plan with the environmental documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. 7. The 401 Water Quality Certification Application will need to specifically address the proposed methods for Stormwater Management. More specificallystormwater shall not be permitted to discharge directly into streams or surface waters. 8. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final permit authorization will require the submittal of a formal application by the City of Hickory and written concurrence from the NC Division of Water Quality. Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the maximum practical,the development of an acceptable Stormwater management plan and the inclusion of appropriate mitigation plans where appropriate. 9. The City of Hickory is respectfully reminded that all impacts, 'including but not limited to, bridging, fill, excavation and clearing,to jurisdictional wetlands, streams and riparian buffers need to be included in the final impact calculations. These impacts, in addition to any construction impacts,temporary or otherwise, also need to be included as part of the 401 Water Quality Certification Application. 10. An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The type and detail of analysis shall conform to the NC Division of Water Quality Policy on the assessment of secondary and cumulative impacts dated April 10, 2004. 11. Environmental assessment alternatives shall consider design criteria that reduce the impacts to streams and wetlands from storm water runoff. These alternatives shall include road designs that allow for treatment of the storm water runoff through best management practices as detailed in the most recent version of NC DWQ Stormwater Best Management Practices, such as grassed swales,buffer areas, preformed scour holes, retention basins, etc. 12. Prior to an issuance of the 401 Water Quality Certification,the City of Hickory is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands(and streams)to the maximum extent practical. In accordance with the Environmental Management Commission's Rules (I 5A NCAC 2H.0506(h)), mitigation will be required for impacts of greater than 1 acre to wetlands. In the event that mitigation is required,the mitigation plan shall be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation. Mr. Charles Hansen, PE December 10,2008 Page 3 13. In accordance with the Environmental Management Commission's Rules{I 5A NCAC 2H.0506(h)), mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation is required,the mitigation plan shall be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as stream mitigation. 14. DWQ is very concerned with sediment and erosion impacts that could result from this project. The City of Hickory shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 15. Based on preliminary discussions, DWQ believes the use of a Nationwide Permit may be required. Please contact the US Army Corp of Engineers to determine the required permit(s). 16. Where streams must be crossed,the DWQ prefers bridges be used in lieu of culverts. However, we realize that economic considerations often require the use of culverts. Please be advised that culverts should be countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality wetlands or streams are impacted, a bridge may prove preferable. When applicable,the City of Hickory should not install bridge bents in streams to the maximum extent practicable. 17. Whenever possible,the DWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the streambanks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges should allow for human and wildlife passage beneath the structure, do not block fish passage and do not block navigation by canoeists and boaters. 18. If a bridge is being planned,DWQ believes the use of a Nationwide Permit may be required. Please contact the US Army Corp of Engineers to determine the required permit(s). 19. Any bridge supports(bents) shall not be placed in the stream when possible. 20. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means(grassed swales,pre-formed scour holes,vegetated buffers,etc.)before entering the stream. Please refer to the most current version of NC DWQ Stormwater Best Management Practices. 21. If concrete is used during construction,a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 22. If temporary access roads or detours are constructed,the site shall be graded to its preconstruction contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species should be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing the area with chain saws,mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate '� naturally and minimizes soil disturbance. Mr. Charles Hansen, PE December 10, 2008 Page 4 23. Placement of culverts and other structures in waters, streams, and wetlands shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 24. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 25. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is approved under General 401 Certification Number 3624/Nationwide Permit No. 6 for Survey Activities. M. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. 27. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise approved by NC DWQ. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms; cofferdams and other diversion structures should be used to prevent excavation in flowing water. 28. Sediment and erosion control measures shall not be placed in wetlands and streams. 29. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow/waste areas could precipitate compensatory mitigation. 30. While the use of National Wetland Inventory(NWI) maps,NC Coastal Region Evaluation of Wetland Significance(NC-CREWS) maps and soil survey maps are useful tools,their inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. 31. Heavy equipment shall be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,lubricants, hydraulic fluids, or other toxic materials. Charles Hansen, PE Jecember 10,2008 Page 5 32, Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner _ that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 33. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require additional information,please contact Mike Parker at(828)296-4500. cc: Amanda Jones, US Army Corps of Engineers, Asheville Field Office Heath Slaughter,Division 11,DEO Marla Chambers,NC Wildlife Resources Commission Transportation Permitting Unit Asheville Regional Office Copy Scoping Comments US 321 Connector Road �..� ��' l�� DER Michael F.Easley,Governor QG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources .� Coleen H.Sullins,Director Division of Water Quality DWQ Project# 08-1249 Buncombe County December 10, 2008 Ben LaFrombois Ingles Markets, Inc. Post Office Box 6676 Asheville,NC 28816 Subject: 401 Water Quality Certification with Additional Conditions Ingles Distribution Center UT to Swannanoa River and [040302/6-78/C] Dear Mr. LaFrombois: The DWQ has received the additional information required to complete the review of your 401 Water Quality Certification application associated with the subject property listed above. Approval has been granted in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 0.48 acres of wetlands and 315 feet of streams for the purpose of constructing a distribution warehouse and associated roads at the subject property. Project impacts are covered by General Water Quality Certification Numbers 3688 and 3705. These Certifications allow you to use Nationwide Permits 33 and 39 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non-discharge, and Stormwater regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached Certifications and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: \ NorthCarolina Natmrally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www..ncwaterqualiV.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Ben LaFrombois Page 2 of 3 December 10,2008 Amount Approved(Units) Plan Location or Reference Stream 315 (feet) [260 permanent Sheets 313 and 3C and 55 temporary] 404/LAMA Wetlands 0.48 (acres) [0.38 Sheets 313 and 3C permanent and 0.10 temporary] 2. Compensatory Mitigation Using the Ecosystem Enhancement Program(EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the NCDENR Wetlands Trust Fund administered by the NC Ecosystem Enhancement Program(EEP)to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check(made payable to: DENR—Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at(919) 715-0476 if you have any questions concerning payment into the fund. You have 60 days from the date of this approval to make this payment. For accounting purposes,this Authorization Certificate authorizes payment into the NCDENR Wetlands Trust Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation River and Sub-basin Number Required Wetlands 0.25 (acres) French Broad/040302 3. Stormwater Management Plan(SMP) • One copy of the SMP approved by the Buncombe County Planning and Development Department shall be submitted along with the associated approval letter or otherwise stamped . "Approved." • The approved SMP must be constructed and operational before any permanent building or other structure is occupied at the site. If a development is phased,then the approved SMP for each future phase must be constructed and operational before any permanent building or other structure associated with that phase is occupied. • The approved SMP as well as drainage patterns must be maintained in perpetuity. • The SMP may not be modified without prior written authorization from the SMP approval authority. If the SMP falls under another state stormwater program,then a copy of the approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit prior to the commencement of the modifications. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. tom;% 10,2008 Phis letter completes the review by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at919-733-1786 or Chuck Cranford in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, -Poll tZC Coleen H. Sullins,Director CHSIcbc Enclosures: GC 3688 and 3705 Certificate of Completion EEP Summary letter cc: Clement Riddle—ClearWater Environmental Consultants, Inc. USACE Asheville Regulatory Field Office Mike Goodson -Buncombe County Planning 401 Permitting Unit, Central Office File Copy Central Files Filename: G:\WPDATA\DEMWQ\Buncombe\401s\inglesDistCenter 08.1249\08-1249_Approval_12-8-08.doc Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment acid Natural Resources ® Coleen H.Sullins, Director Division of Water Quality December 12, 2008 DWQ Project# 08-1627 Haywood County CERTIFIED MAIL =-=RETURN-RECEIPT RE IESTE -� 07 140 004 0798 55 � - , =_ -_ ,- Tom Lasley Lasley Construction 78-A Hansel Drive Asheville, North Carolina 28806 Subject Property: Mountain Watch at Brannon Forest, LLC. UT to Jaynes CoveBranch [040305, 5-26-15, C] RETURNED AS INCOMPLETE Dear Mr. Lasley: On October 24, 2008, the Division of Water Quality (DWQ) received your application regarding your request to place fill within 0.006 acres of streams. The Division of Water Quality requested additional information in the form of an Additional Information Request mailed October 30, 2008. A response was received from you on November 24, 2008. The DWQ has determined that your application and additional information are insufficient in order to make an agency determination. Therefore, we are returning your application as incomplete in accordance with 15A NCAC 2H .0506. In order for your project to be reviewed in the future, you must submit a complete application along with the appropriate processing fee, including, but not limited to: As requested in the Additional Information Request dated October 30, 2008: o you must provide documentation from the US Army Corps of Engineers that this project will be authorized under a Nationwide Permit# 29. o you must provide a copy of the published NRCS Soil Survey with the project boundary located in bold. o you must provide full size plan sheets with a scale no smaller than 1"=50'. (1"=100' is smaller than the requested scale.) o you must provide cross section details showing the provision for aquatic life passage. o you must indicate on submitted plans, all stream impacts, including fill slopes, dissipaters, and bank stabilization. NoithCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Internet: www.ncwaterauality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mountain Watch at Branno, Page'�, December 12,2iJ o you must provide for mitigation for this project as the development is owned by the same developer as Brannon Forest, and impacts are collective. ® Your submitted plans show four stream crossings, yet the modified application only indicates three ® The,applicant needs to be the property owner of record. not a contractor for the developer. ® You must include all impacts in Brannon Forest in your stormwater calculations. ® You must provide a complete alternatives analysis (evaluating all other forms of amenities, including, but not limited to, a surface water feature) which clearly articulates the purpose and need of the proposed amenity, as requested in Application Item Ili. 11. You must provide an avoidance and minimization narrative, including discussion about why an offline pond (with no fill in waters) cannot serve the proposed purpose, as required by Application Item VII. ® You must submit complete and comprehensive dam details. ® You must provide data showing how water quality standards will not be violated within the proposed impoundment, including, but not limited to temperature, pH, and dissolved oxygen. a You must provide a detailed project description regarding the entire project, including build-out, as requested in Item III. 10. You must include all impacts associated with Brannon Forest as well. ® You must provide a complete evaluation of impervious surfaces for the development (at build-out) in order to determine the type of stormwater management needed for this development, as requested in Application Item XI. If final disposition of the development not be in the applicant's control, then a restrictive mechanism limiting impervious surfaces may be utilized in order to complete these calculations. • You must provide a detailed final disposal for all wastewater generated from this development at build-out, as requested in Application Item XII. Mountain Watch at Brannon Forest Page 3 of 3 December 12,2008 As you have no authorization under Section 401 of the Clean Water Act for this activity, any work within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please call Mr. Kevin Barnett at 828-296-4657 if you have any questions this matter. Sincerely, rtnke .. - Roger C. Edwards, Regional Supervisor Surface Water Protection Division of Water Quality KB cc: Wanda H. Austin, P.E. Heaven's Rose, Inc. 44 Homespun Road Sylva, North Carolina 28779 Robert Brannon Mountain Watch at Brannon Forest, l_LC - 26 Blueberry Lane Waynesville, NC 28786 Cyndi Karoly, DWQ,Wetlands /401 Permitting Unit USACE Asheville Regulatory Field Office David McHenry, NC Wildlife Resources Commission File Copy Central Files Filename: 08-1627.MountainWatchatBran non Forest.returned Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 104al7 Coleen H.Sullins,Director Division of Water Quality 'C S JRFAC E WAI.`E.l P1101"ECTION SECTION December 1.2, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9531 Mr. Johnny Norton, Mayor Town of Hot Springs Post Office Box 218 Hot Springs, Nort11 Carolina 28743) SUBJECT: Assessment of Civil Penalty for Violation of General Statute "Town.of I lot Springs Case No. CV-2008-0012 Madison County Dear Mr. Norton: This letter transmits a notice of a civil penalty assessed against the Town of Hot Springs in the amount of$8,1.36.19 which includes $1.36.19 in investigative costs. The assessment document explaining this penalty is attached. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including-an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Daryl Merritt Division of Water Quality PERCS Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 1617 Mail Service Center Raleigh, NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 OR 2, Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative - hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 O 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt-of this-notice-.-A petition is considered filed when it is received in the Office of - Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919)733-3478 AND Mail or hand-deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 AND Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-16.17 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 Roy Davis at(828) 296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office Attachments cc: Asheville Regional Office w/ attachments Enforcement File w/attachments Central Files w/attachments Daryl Merritt, PERCS Unit G:\WPDATA\DEMWQ\Madison\Hot Springs Collection System\Constructionwp Permit2.doc ATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MADISON File No. CV-2008-0012 IN THE MATTER OF TOWN OF HOT_SPRINGS FINDINGS AND DECISION FOR VIOLATION OF AND ASSESSMENT OF G.S. 143.215.1 (a)(2) CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality(DWQ), 1, Roger C. Edwards, Regional Supervisor, Surface Water Protection Section, Asheville Regional Office of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. The Town of Hot Springs is located in Madison County,North Carolina. - B. On October 22, 2008, Roy Davis with the DWQ staff from the Asheville Regional Office (ARO) conducted a Collection System Compliance Evaluation Inspection at the Town of Hot Springs, Mr. Davis observed two sewage pumping stations under construction and the site for a third. One station was to replace the old Silver Mine pump station. The South Spring Street pump station, observed under construction, is to replace an aerial crossing. When completed the additions to the Town's sewer system would consist of three pump stations, 24 liner feet of 8- inch diameter gravity sewer, and 531 linear feet of 4-inch diameter force main. C. The Town of Hot Springs has no valid permit for the above-mentioned Pump Stations. D. On October 29, 2008 a Notice of Violation was sent to the Town of Hot Springs regarding this matter. Receipt of said Notice was acknowledged on November 5, 2008. A written response to the Notice of Violation was received on November 20, 2008. E. The cost to the State of the enforcement procedures in this matter totaled $ 136.19. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. The Town of Hot Springs is a"person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The sewer system cited in finding of Fact I.B. above falls within the definition of same at G.S. 143-213 (15). C. A permit is required for the construction of a sewer system pursuant to G.S. 143- 215.1 (a) (2). In May of 2008 the Town of Hot Springs submitted a Fast-Track Application seeking permission to construct and operate three sewage pumping stations. On May 21, 2008 the Application was returned for a variety of reasons. Brian L. Tripp, PE, engineer to the Town for this project received a copy of the cover letter. The corrected Application was not returned until after the Town was sent a NOV. D. The Town of Hot Springs may be assessed civil penalties in this matter-pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00)per violation.may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. E. The State's enforcement costs in this matter may be assessed against the Town of Hot Springs pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). F. Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, Roger C.�`Edwards, Regional Supervisor of the Asheville Regional Office, Surface Water Protection Section of the Division of Water Quality has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, the Town of Hot Springs is hereby assessed a civil penalty of: $8,000.00 For constructing two sewage pumping stations without first securing a permit as required by G.S. 143-215.1 (a) (2). $136.19 Enforcement Costs $8,136.19 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty J have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; - (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures: $136.19. 1 s , (DA) __ —_-- Ro er' . Edwards, Regional Supervisor Surface Water Protection Section, Asheville Regional Office Division of Water Quality JUSTIFICATION FOR REMISSION RE'QUEST DWQ Case Number: CV- 008-001 County: MADISON Assessed Party: TOWN of HOT SPRINGS Permit No. WQCSDO086 Amount Assessed: $8,136.19 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" —form to request remissori of this civil penalty.-You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors 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 assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i,e., explain the steps that you took to correct the violation and prevent future occurrences),- _ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES jUNTY OF MADISON IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINSTRATIVE HEARING AND TOWN OF HOT SPRINGS STIPULATION OF FACTS PERMIT NO. WQCSDO086 FILE NO. CV-2008-0012 Having been assessed civil penalties totaling $8,136.19 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 12, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE IL 0 z L a� o ® a a d U O a � --------------- W- W O® N C O N 10 N fq Q � CL W V) N O / A Q O W co Q 3 � o z Q E U y H y c u � m ® 5 O r U m p � c F o a r, a � N N w c 0 U N Y. C C1 LL w a U N c 0 O Z F a 20 (n N ZCL OIx H O > d a o C6 t z a 0 a rAT�� Michael F.Easley,Governor William G.Ross Jr.,Secretary a North Carolina Department of Environment and Natural Resources > HG p Coleen H.Sullins,Director Division of Water Quality December 12, 2008 DWQ Project# 08-1012 Modification Macon County Dan Springman Macon County Board Of Education Post Office Box 1029 Franklin,NC 28744 Subject Property: Highlands School Soccer Field UT to Harris Lake Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Springman: Based upon a request for clarification from your consultant on December 11, 2008, you have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.00 acres of wetlands and 179 feet of streams for the purpose of constructing a regulation soccer field at the subject property, as described within your application dated June 23, 2008. The NC Division of Water Quality (DWQ) received the information required to complete your application on November 5, 2008. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non- discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 179 (feet) Proposed Soccer Field drawing Northcarolina naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)2964500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Dan Springman Page 2 of 3 December 12,2008 2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the NCDENR Wetlands Trust Fund administered by the NC Ecosystem Enhancement Program(EEP)to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP ----------- --- should-be-cunt-aeted-at{-919)-71-6-19L'1 if-you- - - fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the NCDENR Wetlands Trust Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Mitigation Offered River and Sub-basin Required Number Stream 120 (linear feet erennial at 1:1) 120(linear feet) Little Tennessee 04-04-01 Stream 179 (linear feet intermittent 0.5:1) 89.5 (linear feet) Little Tennessee 04-04-01 Total 209.5 (linear feet) Little Tennessee 04-04-01 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a healing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Chuck Cranford in the DWQ Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director CHS/cbc fj Enclosures: GC 3705 Certificate of Completion cc: Pam Boaze—Fish and Wildlife Associates, Inc. USACE Asheville Regulatory Field Office David McHenry-Wildlife Resources Commission 401 Permitting Unit, Central Office File Copy Central Files Filename: G:\WPDATA\DEMWQ\Macon\401s\Highlands School\08-1012_Approval.MOD.doc 'A fy1 Michael F.Easley,Governor Q� William G.Ross Jr„Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements December 9,2008 In accordance with 15A NCAC 2H.0500,Macon County Board Of Education,have permission as outlined below to fill or otherwise impact 179 feet of stream.associated with constrlrction:of the Hghlands_School_Soccex Field_ which is located on Pierson Drive, in Highlands, Macon County,North Carolina. All activities associated with these authorized impacts must be conducted in accordance with the conditions listed in the attached Certification(GC3705). COMPENSATORY MITIGATION REQUIREMENTS,ECOSYSTEM ENHANCEMENT PROGRAM NC EEP NAME: Highlands School Soccer Field DWQ PROJECT#: 08-1012 Modification LOCATION: Highlands COUNTY Macon BASIN/HUC LTN/06010202 As required by 15A NCAC 2H.0500,and the conditions of this Certification,you are required to compensate for the above mitigable impacts through the restoration,creation,enhancement or preservation of wetlands,surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 120(previous perennial impacts) 120(As indicated in your submittal) 179.(new intermittent impacts) 89.5 (As indicated in your submittal) Total: 209.5 (As indicated in your submittal) One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option,please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE,THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH,NC 27699-1652. (919)715-0476 Asheville Regional Office 2090 HWY 70 Swannanoa NC 28778 (828)296-4500 G:\WPDATA\DEMWQ\Macon\401s\Highlands School\08-1012—MitigationLtrMOD.doc Internet: hUp://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Michael F.Easley,Governor P William G.Ross Jr.,Secretary Q� North Carolina Department of Environment and Natural Resources p Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 12, 2008 TURN RECEIPT RMQUESTED 7007 1490 0004 0798 9548 Mr. Eric Johnson t 140 Olivette Rd Woodfin,NC 28804 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2008-SS-0049 Stream Standard Violation Other Waste (In-stream sediment) Removal of Best Usage Buncombe County Response deadline: January 9, 2008 or 30 days from receipt Dear Mr. Johnson On November 24, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection at 1140 Olivette Road in Buncombe County. Darlene Kucken from the NC Division of Land Resources was present. Stream standards violations were noted during the inspection due to sediment deposition in an unnamed tributary of Lee Creek classified as C waters. Approximately 700 feet of stream has been impacted by sediment upwards of 17 inches in depth. VIOLATIONS I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 700 feet of an unnamed tributary of Lee Creek classified as C waters was impacted by sediment deposition upwards of 17 inches throughout the stream reach, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f). REQUIRED RESPONSE This Office requests that you respond in writing within 30 days of receipt of this Notice. Your response should be sent to both to the attention of Chuck Cranford,Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: No"e hCarolina aturallr; North Carolina Division of Water Quality 2090 US.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post consumer Paper Eric Johnson Page 2 of 3 December 12,2008 I. Stream Standard a Other Waste (In-Stream Sediment) a. Please provide a map that exactly details the jurisdictional waters on the tract. This map should indicate all of the jurisdictional waters on the tract as well as the areas that have been impacted, both on and off site. This information must be clearly depicted on a map that you provide as a part of this response. =-Kca e-subfflif a-ezliment-Remaval/Stt°eam Re-stora-iori flan tul is office review and approval. The Plan must address removal of the accumulated sediment from unnamed tributary of Lee Creek and be submitted to the DWQ for review and approval prior to implementation. You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with your developing your plan and authorization necessary to achieve compliance. It is recommended that your consultant contact Chuck Cranford of the Asheville Regional Office for additional guidance during restoration plan development. The Plan should include the following: ® A narrative explaining how sediment will be removed and how impacted jurisdictional waters will be restored. ® A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts. • A narrative explaining how sediment will be retained on the site and kept out of waterways, and how restoration activities will be conducted such that turbidity standards are not exceeded. c. Once the Restoration Plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Chuck Cranford. 12,2008 'hank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Chuck Cranford at(828) 296-4664. Sincerely, __ev�' Roger C. Edwards Regional Supervisor Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Division of Land Resources Buncombe County Planning G:\WPDATA\DEMWQ\Buncombe\Complaints\Johnson\NOV-2008-SS-0049.doe Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 15, 2008 CERTIFIED MAIL, RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9579 J Robert Boyette City of Marion PO Drawer 700 Marion,NC 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO031879 City of Marion Corpening Creek WWTP Case No. LV-2008-0446 McDowell County Dear Mr. Boyette: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,151.00 ($3,100.00 civil penalty+ $51.00 enforcement costs) against City of Marion- This This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Marion for the month of September 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0031879. The violations, which occurred in September 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Marion violated the terms, conditions or requirements of NPDES Permit NCO031879 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against City of Marion: NNo e hCarolina aturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Service Internet:www.ncwaterguality.org FAX (828)299-7043 1-800 623-7748 4 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,000.00 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Weekly Average limit for CYANIDE. 21 of the 21 violations of G.S. 143-215.1(a)(6) and NPDES Permit $2,100.00 No. NC0031879, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CHLORINE. $3,100.00 TOTAL CIVIL PENALTY $51.00 Enforcement Costs $3,151.00 'TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: l. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form), Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative _ng and a stipulation and agreement that no factual or legal issues are in dispute. Please epare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OIL 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Keith Haynes of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, o , 11 e. � Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/attachments Central Files w/attachments JUSTIFICATION FOR REMISSION ELQUEST DWQ Case Number: LV-2008-0446 County: McDowell Assessed Party: City of Marion Permit No. (if applicable): NCO031879 Amount Assessed: $3,151.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative. Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences), (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for), (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF McDowell City of Marion IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Corpening Creek WWTP ) STIPULATION OF FACTS PERMIT NO. NCO031879 ) FILE NO. LV-2008-0446 Having been assessed civil penalties totaling $3,151.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 15, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. 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N N N N N N N N N N N N N N N N N N N N N N N N O Z K w o) (A o) oo m m 0 m w m m m m m m 0 m m m m m w m ++ O m O > }} o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 '\ .~j o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 •E a 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 z O O O O O O O O O O O O O O O O O O O O O tO N tO J W - - is - - -. - - - - - ire - - yr - - - - - - - - w m a Y N M {7 M O N r O Q C co W N � >• J � W Q Z N Wco o Q U W 0 z a r U c v W 0 0 ro 0 0 N Ot O O N N Michael F.Easley,Governor William G.Ross Jr.,Secretary �G North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 15, 2008 CERTIFIED►MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9562 J Robert Boyette City of Marion PO Drawer 700 Marion, NC 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO031879 City of Marion Corpening Creek WWTP Case No. LV-2008-0445 McDowell County Dear Mr. Boyette: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,301.00 ($1,250.00 civil penalty+$51.00 enforcement costs) against City of Marion. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Marion for the month of August 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in August 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Marion violated the terms, conditions or requirements of NPDES Permit NCO031879 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against City of Marion: No�hCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, NC 28778 Phone(828)296-4500 Customer Service Internet:www,ncwaterguality.org FAX (828)299-7043 1-800 623-7748 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0031879, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for CYANIDE. 5 of the 5 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $1,250.00 NC0031879, by discharging wastewater into the waters of the State in violation of the Permit Weekly Average limit for CYANIDE. $1,250.00 TOTAL CIVIL PENALTY $51.00 Enforcement Costs $1,301.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness.of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty 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 re a detailed statement that establishes why you believe the civil penalty should be Aitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing, The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee), Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. )File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed- provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand-deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 `- Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions,please contact Keith Haynes of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, #ROgPC Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/attachments Enforcement File w/attachments Central Files w/attachments JUSTIFICATION FOR REMISSION EEQUEST OWQ Case Number: LV-2008-0445 County: McDowell Assessed Party: City of Marion Permit No. (if applicable): NC0031879 Amount Assessed: $1,301.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); — (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEI\, AND NATURAL RESOURCES COUNTY OF McDowell City of Marion IN THE MATTER OF ASSESSMENT ) WAIVED OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Corpening Creek WWTP ) STIPULATION OF FACTS PERMIT NO. NCO031879 ) FILE NO. LV-2008-0445 Having been assessed civil penalties totaling $1,301.00 for violation(s) asset forth in the assessment document of the Division of Water Quality dated December 10, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts areas alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE h ti5 i j tip lid ti� u� Z E ® N zi ro N N N Q) P N N N N N O_ T � A T A T z O WWh °' oo rM o M w F--W 5=' v v v o N co Ua J Q U e a- V LLW O� fn 0) OI Ol m m DI z ZQ O 7� V G } . o ® Z Z M W W CC� D T T T, A T A L W N N N N Ul U1 = p J LL U m ZO w w w w oo oo W O O O O o O Q D F~ O O O (D N M O Z ❑ oo oo O o O oo oo O O W Q) > Q U a Y d d i U a� W W o 0 0 0 o Wo ¢ a ¢ c ¢ a a I p a U U U U U U U Z U 0 w w w w w w LL J J LL o 0 0 0 0 0 Hn. o 0 0 0 0 0 O m n 00 Z ti w w w oo oo oo M �a N N N N N N C Z W OD a0 CD oD a0 o0 Z , 2� O O O O O W ,� Q O O O O O O W N N N N N J a «, » �\ ��_\ F�-. :,�/ Michael F.Easley,Governor Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins, Director Division of Water Quality Asheville Regional Office December 16, 2008 Mr. Greg Padgett Wastewater Superintendent Town of Valdese P.O. Box 339 Valdese, N.C. 28690-0339 SUBJECT: 24-Hr. Variance Request Valdese Lake Rhodhiss WWTP NPDES Permit Number NCO041696 Burke County Dear Mr. Padgett, The Asheville Regional Office, Division of Water Quality, Surface Water Protection Unit is in receipt of your request for a variance from 15A NCAC 02H .0124(4). This regulation requires: all facilities to provide adequate reliability measures, which insure continued treatment and disinfection where the interruption of such treatment would render the waters unsafe for their best intended uses. The reliability measures shall include the following: For mechanical facilities with a design capacity equal to or greater than 5.0 mgd continuous operation, 24 hours, seven days per week; with each shift staffed by at least one certified wastewater operator shall be provided on or before October 1, 1993 unless the applicant can demonstrate to the satisfaction of the Director that this requirement is unwarranted for a particular case. Your request states that your facility has SCADA (Supervisory Control and Data Acquisition); stand-by power, and individuals (operators) who serve an on-call basis with emergency communication equipment, and can respond to emergency situations that may occur in no more than 30 minutes. These personnel also work a scheduled 8-hour day. This office strongly suggests that the facility split this shift. For example, have one staff person come in at 5 am or earlier, and another come in at 9 or 10 am, to work 8 hours, to insure coverage of the facility for at least 12 hours per day. The facility is also required to run "mock" test of Emergency Response procedures, equipment, test staff in ER for the facility, and to keep records of this fact, which shall be submitted annually to the Asheville Regional Office. The facility will also be required to submit annual updates of this variance in with the submittal of the WWTP's annual report required by permit NC0041696. This variance is approved, contingent upon implementation of the Lake Rhodhiss WWTP Emergency Response plan. Also, please take note that this approval is not a i defense for non-compliance from any other condition(s), limit(s), or any other requirements in NPDES permit NC0041696, and can be rescinded at any time, thereby requiring implementation of the 24 hour continuous staffing`regulation. NorthCarolina Natul*all1,f 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 Should you have questions, or need additional information, please contact Don Price at 828-296-4500. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection, Asheville Regional Office cc: Central File Asheville Regional Office file Jeff Morse, Valdese Town Manager Michael F.Easley,Governor �9QWilliam G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 16, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9586 Barry Hayes, Mayor Town of Granite Falls PO Drawer 10 Granite Falls NC 28630 Subject: NOTICE OF VIOLATION NOV LV-0589 Permit No. NCO021890 Granite Falls WWTP Caldwell County Dear Mayor Hayes: A review of Granite Falls WWTP's monitoring report for May 2008 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 05/31/08 6.2 mg/I 6.58 mg/I Monthly (as N) Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. It is not requested that a;response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Jeff Menzel. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you should have any questions, please do not hesitate to contact Jeff Menzel of the Asheville Regional Office__. at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files one N hCarolina Naturally . North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterguality.org FAX (828)299-7043 1-877-623-6748 G:\WPDATA\DEMWQ\Caldwell\21890 Granite Falls WWTP �� � is Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality `C Asheville Regional Office SURFACE WATER PROTECTION December 18,=2008 Mr. Bill Green, Town Clerk Town of Andrews Post Office Box 1210 Andrews, North Carolina 28901 Subject: Town of Andrews Compliance Evaluation Inspection Permit No. WQCS00103 Wastewater Collection System Cherokee County Dear Mr. Green: Attached is the report resulting from the Town of Andrews' Collection System Permit Compliance Evaluation Inspection that I conducted on December 16, 2008. The Town of Andrews is making good progress in terms of compliance with the requirements of its Collection System Permit. The Town badly needs a comprehensive collection system map. A Town is in a precarious position when that the Town's collections system map resides in the head of key employees. You have got to get this information into computer or onto paper. I encourage you to look into the possibility of a grant to allow the Town to contract with a consulting engineer to prepare a GIS collection system map. I encourage Dillard to continue collection of information which hopefully can some day be made a part of a GIS collection system map. Just as a reminder, the Town's Collection System Permit requires a map showing pipe size, pipe material, pipe location, flow direction, pipe age, service taps, and sewage pumping station names and capacities. If it is still the plan to turn information over to Cherokee County to layer the Town's collection system of the County's 911 map, you need to find some way to speed the collection of the necessary information. For an interim collection system map I have asked Deborah Weatherly, GIS Administrator with Cherokee County, if she can make use of the NCONEMAP date to produce a collection system map for the Town of Andrews. Debbie just called to tell me that the map is ready. Would you please arrange to have them picked up and send me a copy. The NCONEMAP data was gathered in 1997. Even so it may give you a good starter map of the Town's collection system. 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 North Carolina Attached I am returning the Town's collection system Capital Improvements Plan with,, new page which allow the CIP to meet permit requirements. The next time I visit Andrews I will bring an additional page for the Town's Spill Response Plan. encourage you to consider the purchase of a trailer mounted Closed Circuit Television CCTV Camera to be used in sewer maintenance. Most towns find that a CCTV soon pays for itself by preventing the unnecessary digging up of sewers. A person doing sewer maintenance is working blind without a television camera to insert in a problem sewer. appreciate your time yesterday. Pleas do not hesitate to call meat 828-296-4500 should you need to discuss this inspection report Sincerely, Roy Da is Environmental Engineer Cc: PERCS Files Surface Water Protection Central Files Dillard Dockery, CSORC, Town of Andrews G:\WPDATA\DEMWQ\Cherokee\Andrews Collection System\Andrews Inspection Cover Letter.08.doc Compliance Inspection Report Permit: WQCS00103 Effective: 12/31/03 Expiration: 02/28/07 Owner: Town of Andrews SOC: Effective: Expiration: Facility: Andrews Collection System County: Cherokee PO Box 1210 Region: Asheville Andrews NC 28901 Contact Person: Mitch Rhinehardt Billing Title: Phone: Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: NCO020800 Town of Andrews-Andrews WWTP Inspection Date: 12/1612008 Entry Time: 09:45 AM Exit Time: 12:00 PM Primary Inspector: Roy M Davis Phone: 828-296-4500 Ext.4659 Secondary Inspectors): Reason for Inspection: Routine Inspection Type:Compliance Evaluation Permit Inspection Type: Collection system management and operation Facility Status: ❑ Compliant ■ Not Compliant . Question Areas: ®Miscellaneous Questions ®Performance Standards ®Operation&Maint Reqmts ®Records ■Monitoring&Rpting ®Inspections ®Pump Station ®Manhole Reqmts ®Lines (See attachment summary) Page: 1 Permit:WQCS00103 Owner-Facility:Town of Andrews Inspection Date: 12/16/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Inspection Summary: The Town's greatest Collection System documentation need is in the area of mapping. Page: 2 Permit:WQCS00103 Owner-Facility:Town of Andrews Inspection Date: 12/16/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? 0 ❑ What educational tools are used? Displayed handouts at Town Hall. Is Sewer Use Ordinance/Legal Authority available? m Q n n Does it appear that the Sewer Use Ordinance is enforced? 0 n n n Is Grease Trap Ordinance available? M n n n Is Septic Tank Ordinance available(as applicable, i.e. annexation) ❑ n n ■ List enforcement actions by permittee, if any, in the last 12 months Has an acceptable Capital Improvement Plan(CIP)been implemented? M Cl n n Does CIP address short term needs and long term\"master plan\"concepts? ■ 0 ❑ 11 Does CIP cover three to five year period? ■ Cl n n Does CIP include Goal Statement? Nn n n Does CIP include description of project area? ■ n Cl n Does CIP include description of existing facilities? ■ n n n Does CIP include known deficiencies? ® n n n Does CIP include forecasted future needs? ■ Q n n Is CIP designated only for wastewater collection and treatment? ■ Q n n Approximate capital improvement budget for collection system? $100,000,00 Total annual revenue for wastewater collection and treatment? $403,178.00 CIP Comments Is system free of known points of bypass? ■ Q ❑ n If no,describe type of bypass and location NA Is a 24-hour notification sign posted at ALL pump stations? ■ n n ❑ #Does the sign include: Instructions for notification? ® El n n Pump station identifier? ■ 24-hour contact numbers ■ n ❑ n If no, list deficient pump stations None Page: 3 Permit:WQCS00103 Owner-Facility:Town of Andrews Inspection Date: 12/16/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine #Do ALL pump stations have an"auto polling°feature/SCADA? ❑ ■ ❑ ❑ Number of pump stations 4 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 2 Number of pump stations that have only audible and visual alarms 4 Number of pump stations that do not meet permit requirements 0 #Does the permittee have a root control program? ❑ ■ ❑ ❑ #If yes,date implemented? Describe: NA Comment: Inspections Yes No NA NE Are maintenance records for sewer lines available? ■ ❑ ❑ ❑ Are records available that document.pump station inspections? ■ ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ■ ❑ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ■ ❑ ❑ ❑ Are records available that document citizen complaints? ■ D ❑ ❑ #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? ■ ❑ ❑ ❑ Comment: Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ ❑ ❑ Does supervisor review all log books on a regular basis? ■ ❑ In ❑ Does the supervisor have plans to address documented short-term problem areas? ■ ❑ ❑ ❑ What is the schedule for reviewing inspection,maintenance, &operations logs and problem areas? Are maintenance records for equipment available? ■ ❑ ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ■ ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? Generators-weekly Page: 4 Permit:WQCS00103 Owner-Facility:Town of Andrews Inspection Date: 12/16/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Do pump station logs include: Inside and outside'cleaning and debris removal? m ❑ ❑ ❑ Inspecting and exercising all valves? ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? ❑ n ❑ Inspecting alarms, telemetry and auxiliary equipment? ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? ❑ ❑ ❑ Are maintenance records for right-of-ways available? ❑ ❑ ■ ❑ Are right-of-ways currently accessible in the event of an emergency? ■ ❑ ❑ ❑ Are system cleaning records available? ® ❑ n ❑ Has at least 10%of system been cleaned annually? ■ ❑ ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Is a Spill Response Action Plan available? ■ ❑ ❑ ❑ Does the plan include: 24-hour contact numbers ❑ Cl fl Response time ■ ❑ ❑ ❑ Equipment list and spare parts inventory ❑ ■ ❑ ❑ Access to cleaning equipment ❑ ® ❑ ❑ Access to construction crews,contractors,and/or engineers ■ Cl ❑ ❑ Source of emergency funds ❑ ❑ ❑ ■ Site sanitation and cleanup materials ® ❑ Cl ❑ Post-overflow/spill assessment ❑ ■ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ■ ❑ ❑ ❑ Is the spare parts inventory adequate? Cl ■ ❑ ❑ Comment: Records Yes No NA NE Are adequate records of all SSOs,spills and complaints available? ❑ ❑ ■ ❑ Are records of SSOs that are under the reportable threshold available? ■ ❑ ❑ ❑ Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ❑ ■ ❑ ❑ If yes, is there a corrective action plan? ❑ ❑ ■ ❑ Is a map of the system available? ❑ ■ ❑ ❑ Page: 5 Permit:WQCS00103 Owner-Facility:Town of Andrews Inspection Date: 12/16/2008 Inspection Type:Compliance Evaluation Reason for Visit:Routine Does the map include: Pipe sizes ❑ ❑ ❑ Pipe materials on n ❑ Pipe location ❑ M ❑ ❑ Flow direction ❑ ® ❑ ❑ Approximate pipe age ❑ M ❑ ❑ Number of service taps ❑ ® ❑ ❑ Pump stations and capacity ❑ ® ❑ ❑ If no,what percent is complete? 20 List any modifications and extensions that need to be added to the map Town desperately needs a collection system map. #Does the permittee have a copy of their permit? a ❑ ❑ ❑ Comment: Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? 110 ® ❑ Are public notices and proof of publication available? ❑ ❑ ® ❑ #Is an annual report being prepared in accordance with G.S. 143-215.1 C? ® ❑ ❑ ❑ #Is permittee compliant with all compliance schedules in the permits? ❑ ❑ ■ ❑ If no,which one(s)? Comment: Page: 6 4 A-rp Michael F.Easley,Governor QG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources p Coleen H.Sullins,Director Division of Water Quality December 18, 2008 Glen Frank Wilderness Creek Falls,LLC 225 Valley River Avenue Suite A Murphy,NC 28906 Subject: Amended"no impact"Lots List Local Restrictions on Permits Wilderness Creek Falls Subdivision Cherokee County Dear Messrs. Frank and Bata: The Division of Water Quality (DWQ) has received an updated Wilderness Creek Falls lot layout map with modified lot numbers from previous versions to which the DWQ referred. Pursuant to the new submitted information an amended list of"no impact" lots has been developed. The DWQ is amenable to sales and. development of these lots as they do not contain, or are bounded by waters of the state, nor require access via the road network currently included in cited violations of state law. This document should replace the letter issued by this office, dated September 28, 2008. Based upon this review, the Division requests that the Cherokee County release any holds on local permit authorizations for these lots only. Lots # 2, 4, 8, 9, 10, 11, 18, 20, 21, 22, 23, 24, 25, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60,61, 62, 63, 64, 73, 74, 77, 78, 79, 80, 81, 82, 83, 84, and 97, as depicted on the"sales map" submitted by Mr. Larry Bragg of Capital Land Group. The map is attached for your reference to this document. Should you have any questions in this matter, please do not hesitate to contact Kevin Barnett at 828-296- 4500. Sincerely, Roger C. Edwards, Regional Supervisor Asheville Regional Office Surface Water Protection Section cc: John Hennessey-NPS Assistance and Compliance Oversight Unit RO File Copy Janet Boyer,NC Division of Land Resources, Asheville Regional Office U.S. Army Corps of Engineers,Asheville Regulatory Field Office Cherokee County Building Inspector Cherokee County Health Department NorthCarolina File: WildernessCreekFallsAmendedBuildableLots.doc Nattrratty North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled110%Post Consumer Paper � 6 13 - ff_ Apl- i i j I E 1 Uav nrowwo; 03 1 I� j Michael F.Easley,Governor G William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources C Coleen H.Sullins,Director Division of Water Quality December 18, 2008 Mr. Mike Pettyjohn, P.E. Division Engineer N.C. Department of Transportation Post Office Box 250 North Wilkesboro,North Carolina 28659 Subject: Inspection US Highway 321 DWQ Project No. 041246 TIP No. R-2237B Caldwell County Dear Mr. Pettyjohn: On November 26, 2008, 1 visually inspected the construction work on US Highway 321 in Caldwell County and the project appeared to be in good shape. Construction work is progressing mainly at the northern end of the project. The erosion and sedimentation control structures,vegetative covering, mulching and matting appear to be working properly. Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached to this letter. If you have questions, please call me at 828-296-4500, Sincerely, e Michael R. Parker Environmental Senior Specialist Attachment cc: Frank Gioscio, P.E. Heath Slaughter, Division 11, DEO Neil Trivette, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker,Asheville Regional Office (Pettyjohn)US Highway 321 Inspection Letter November 2008 None rth Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www,ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer DWQ Site Visits for DOTS Proiects Field Sheet DWQ representative: Michael R. Parker Date: f November 26,2008 County: Caldwell Region: Asheville —� DOT Division: Division I 1 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #:1 NW Permit#: IP#: 3481 Project Name: U S Highwav 321 Widening Location of Project: US 321 North of Lenoir to South of Blowing Rock,NC Project Complete: ❑Yes X No If no, estimated date of completion: C Activities(DOT): Water Quality Concerns (DWQ): ❑ Bridge ❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X❑ Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization X❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres ❑ Zone 2 Est Acres Additional Stream Impacts: ❑yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Meuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation —]Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): Rocky Cove Creek,Greenfield Branch,unnamed tributary to Puncheon Camp Creek,unnamed tributary to Right Fork Mulberry Creek, unnamed tributary to Left Fork Mulberry Creek Basin/Subbasin: CTB -030831 Yadkin-030701 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I X❑WS-IV ❑SA MCA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert ❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/loth acre X❑1/l It'to 1/3`d acre 0.16 acres ❑1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑<150 linear feet X❑> 150 linear feet Additional comments: Compliance Issues Identified: ❑Yes X❑No Compliance issues identified: ❑Yes ❑No If yes, complete the section below: Project looked good. Sediment and erosion control program looks good although some sediment control structures need attention. Also, there are areas adjacent to the roadway (on right as you go north)that are washing and need to be corrected. At the present time most work is taking place at the north end and south end of the project in the large rock cut areas. Michael F.Easley,Governor wli William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality December 18, 2008 Mr. J. J. Swain, Jr., P.E. Division Engineer N.C. Department of Transportation Post Office Box 3279 Asheville,North Carolina 28802 Subject: Inspection US Highway 19 Widening DWQ Project No. 071134 TIP Project No. R-2518A and R-2518B Madison and Yancey Counties Dear Mr. Swain: On December 12, 2008, I visually inspected the construction work on the US Highway 19 project in Madison and Yancey Counties. Work is well underway in both Madison and Yancey Counties with heavy construction activities taking place on both projects. The Division of Water Quality has concerns over the construction because some sediment and erosion control devices failed during recent rain events and sediment entered State surface waters. We cannot emphasize enough the need for proper installation and maintenance of sediment and erosion structures including straw/mulch, sediment basins, sediment control fencing, check dams, polyacrylamide,waddles, floc logs,etc. Please continue to take necessary steps to prevent sediment from entering streams and protecting State surface waters. Please refer to the attached inspection report for specific items noted during the inspection. If you have questions,please call me at 828.296.4500. Sincerely, x�;�lx e j- � Michael R. Parker Environmental Senior Specialist Attachment cc: Roger Bryan, Division 13, DEO Randy McKinney, Resident Engineer Ed Ingle, Roadside Environmental Charles Koontz, DLQ Transportation Permitting Unit Niki Maher, NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Swain)US Highway 19 Inspection Letter December 2008 One NorthCarolina Vaturatly North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality,org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer �... �, \� 1 �`, �.. DWQ Site Visits for DOT Proiects Field Sheet DWQ representative: Michael R. Parker Date: December 17,2008 County: Buncombe Region: Asheville DOT Division: Division 13 �� Activity: X 401 Compliance Evaluation ❑ Complaint []DWQ Follow Up Evaluation ❑ Other DWQ 401 #: WQC No. 3706 NW Permit#: IP#: Project Name: Improvements to US Hip-hwav 19E Location of Project: US Highway 19 and 19E from future I-26 in Madison County to SR 1336 in Yancey County Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns(DWQ): X❑ Bridge X❑ Steam Standards Violation X❑ Culvert X❑ Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile X❑ Failed E& S control measures Borrow Pit X❑ Sedimentation Impacts X❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill X❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Fill Additional Wetland Impacts: ❑yes ❑ no Estimated Acres ❑ Zone 1 Est Acres F ❑ Zone 2 . Est Acres Additional Stream Impacts: ❑ yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam []Randleman []Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): Middle Fork Creek, Bailey Branch,Turkey Branch,Polly Branch, Holland Creek, Ivy Gap Branch, Bald Creek,Price's Creek, Phipps Creek and Cane River Basin/Subbasin: FBR 040304 and 040307 Wetland Type: ❑Isolated X❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed X❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW X❑HQW ❑WS-I ❑WS-IV RSA FICA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/1 Ot"acre X❑1/11"to UP acre X[]1/3`d to 1.0 acre ❑> 1.0 acre Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet Additional comments: 7,059 linear ft. of stream impacts and 0.42 acres of wetlands for R-2518A; 3,675 linear ft. of stream impacts and 0.23 acres of wetlands for R-2518B. Compensatory mitigation for impacts of 5,453 linear feet is required. 1.Grading and construction work is well underway from one end of the project to the other. 2.One box culvert has been completed and two others are presently under construction. 3.Grading is taking place along the entire length of the project with heavy grading taking place on the mountain part in Madison County and between Bald Creek and the Cane River in Yancey County. 4. Some erosion control devices were full of silt and had overflowed into the stream. These should be repaired and additional controls should be constructed as necessary. 5.Repair gullies in haul road going to the fill area above Holland Creek. Please ensure fill area are mulched and seeded properly and in a timely manner to control runoff. 6.Additional sediment and erosion control measures are needed on the cut slopes adjacent to US Highway 19 near Stations 88+00 to prevent sediment from entering State surface waters. 7.It appears that the amount of straw mulch and tack being applied is somewhat sparse. It is recommended that these items be increased in future seeding operations. 8.Any visible sediment in streams should be removed by using hand tools. If there are questions regarding sediment removal please contact Mike Parker at 828-296-4500. 9.As a reminder the streams on the Madison County construction area are classified as High Quality Waters and all measures necessary to protect State surface waters should be employed. �- aF W ArFR Michael F. Easley, Governor O QG William G. Ross Jr.,Secretary yr North Carolina Department of Environment and Natural Resources =� Coleen H. Sullins , Director Ga Division of Water Quality Asheville December 19, 2008 Mr. Bobby Cagle Jr., Mayor Town of Robbinsville Post Office Box 129 Robbinsville, North Carolina 28771 Subject: Permit No. WQ0033694 Town of Robbinsville Long Creek Phase 2 Wastewater Collection System Extension Graham County Dear Mr. Cagle: In accordance with your application received on December 10, 2008 we are forwarding herewith Permit No. WQ0033694, dated December 19, 2008, to the Town of Robbinsville for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org NOne orthCaro/l/ina 2090 US Highway 70, Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 Ngtulally DENR Customer Service Center Telephone 1 800 623-7748 i/ An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Town of Robbinsville December 19, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter,143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Town of Robbinsville to construct and operate approximately 1,650 linear feet of 8-inch diameter gravity sewer and 2,150 linear feet of 12-inch diameter gravity sewer to serve the Long Creek area and the discharge of the collected wastewater into the Town of Robbinsville's existing sewerage system, pursuant to the application received on December 10, 2008 and in conformity with 15A NCAC 2T.0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Robbinsville Wastewater Treatment Facility (Permit No. NC0025879) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) J 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Graham County Health Department ARO, Surface Water Protection (WWTF Permit No. NC0025879) J. Meliski, PE Town of Robbinsville PERCS Files �j NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TOWN OF ROBBINSVILLE LONG CREEK PHASE 2 GRAHAM COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033694 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as ,applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No W00033694 Long Creek Phase 2, Town of Robbinsville Graham County, December 19 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials- as may be appropriate. The approval of this 'request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life ! of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 No W00033694 Long Creek Phase 2, Town of Robbinsville, Graham County, December 19. 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. ,Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 19th day of December, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, 'Orrector Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033694 3 Permit No W00033694 Long Creek Phase 2. Town of Robbinsville, Graham Court December 19 2008 ENGINEERING CERTIFICATION POST CONSTRUCTION System Description: 1,650 linear feet of 8-inch diameter gravity sewer and 2,150 linear feet of 12-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced i project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: :....................................................................................................: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ........................................................... . . The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. -' Michael F.Easley,Governor PG William G.Ross Jr.,Secretary _ North Carolina Department of Environment and Natural Resources d 'C Coleen H.Sullins,Director Division of Water Quality December 19, 2008 Marshall Olson Alcoa Power Generating, Inc. Post Office Box 576 Badin,North Carolina 28009 Subject: 401 Water Quality Certification Approval with Additional Conditions Yellow Creek Bridge Installation DWQ Project# 08-1699 Graham County LNT04/Yellow Creek/2-190-29/C, Tr Dear Mr. Olson: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to impact 50 feet of stream for the purpose of constructing a bridge; including, removal of two existing culverts along with necessary streambank grading and. stabilization. This approval requires you to follow the conditions listed in the.attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Numbers 3689. This Certification allow you to use Nationwide Permits 13 when issued by the US Army Corps of Engineers (USAGE): Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control,Non-discharge, and Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Additional impacts may require compensatory mitigation as described in 15A NCAC 2H .0506 (h). If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. None rth Carolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Marshall Olson Page 2 of 2 December 19,2008 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 50 (feet) Drawing 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, leev Coleen H. Sullins, Director CHSlcbc Enc: GC 3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office Wildlife Resources Commission—David McHenry 40 t Permitting Unit—Central Office File Copy Filename: G:\WPDATA\DEMWQ\Graham\401s\08-1699_Approval_12-18-08.doc F� Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources �I p Coleen H.Sullins,Director Division of Water Quality December 19, 2008 Mr.J. B. Setzer, P.E. Division Engineer N.C. Department of Transportation 253 Webster Road Sylva,North Carolina 28779 Subject: Inspection NC Highway 294 Widening-Bridge Replacement DWQ Project No. 080762 R-3622AA Cherokee County Dear Mr. Setzer: On November 20, 2008, I visually inspected the construction work on the NC Highway 294 project west of Murphy in Cherokee County. Construction work was just getting underway with a small amount of fill being placed in the wetland adjacent to Persimmon Creek. Please continue to maintain the sediment and erosion control structures so that State surface waters can be protected. Specific items are listed in the attached inspection report. If you have questions,please call me at 828.296.4500. Sincerely, Michael R. Parker Environmental Senior Specialist Attachment cc: Mark Davis,Division 14,DEO Trent Anderson, Resident Engineer Ed Ingle, Roadside Environmental Transportation Permitting Unit Niki Maher,NPS Assistance and Compliance Oversight Unit Mike Parker, Asheville Regional Office (Setzer)NC Highway 294 Inspection.Letter November 2008 NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer �\ �\ I`/ \� `:�I �✓ DWQ Site Visits for DOT Projects Field Sheet DWQ representative: Michael R. Parker —� Date: December 19,2008 County: Cherokee Region: Asheville -� DOT Division: Division 14 Activity: X 401 Compliance Evaluation ❑ Complaint ❑DWQ Follow Up Evaluation ❑ Other DWQ 401 #: 08-0762 NW Permit#: GP 31 71 IP#: Project Name: NC Highway 294 Widening and Bridge Construction TIP No. R-3622AA Location of Project: From US 74/64 approximately 7 miles west of Murphy turn right onto NC Highway 294 and travel approximately 3 miles to the site. Project Complete: ❑Yes X No If no, estimated date of completion: Activities(DOT): Water Quality Concerns(DWQ): X❑ Bridge X Steam Standards Violation X❑ Culvert X Turbidity ❑ Bottomless Culvert ❑ Evidence of spills ❑ Bottomless Arch ❑ Oil/Petroleum X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste ❑ Spoil Pile ❑ Failed E& S control measures ❑ Borrow Pit X Sedimentation Impacts ❑ Wetland Mitigation ❑ Stormwater Permit Violation ❑ Stream Restoration ❑ Fill ❑ On-site Stream Relocation ❑ Buffer Impacts(see below) ❑ Buffer Restoration ❑ Other ❑ Bank Stabilization ❑ Other Additional Wetland Impacts: ❑ yes X❑ no Estimated Acres ❑ Zone 1 Est Acres ❑ Zone 2 Est Acres Additional Stream Impacts: ❑ yes X❑ no Est Linear feet Estimated linear feet of impact: Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ _ac Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ _ ac Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited DWO Site Visits for DOT Projects Background Info Name of Waterway(s): Persimmon Branch and unnamed tributary to Cherokee Lake Basin/Subbasin: Hiwassee 040502 Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US) Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW ❑HQW ❑WS-I X❑WS-IV ❑SA ❑CA Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert X❑Bridge ❑Bottomless Arch X❑Riprap Inlet/Outlet Stabilization X❑Fill Authorized Wetland Impacts: ❑0— 1/l oth acre ❑1/l lth to 1/3`d acre ❑1/3`d to 1.0 acre X❑> 1.0 acre 1.59 acres Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 205 linear feet Additional comments: Construction was just getting underway. Some clearing and grubbing taking place and fill in wetlands. Project appears to be in good shape. Continue to maintain erosion control devices and continue with seeding and matting as required. NC Highway 294 Inspection November 2008 Michael F.Easley,Governor pWilliam G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources PColeen H.Sullins,Director 1 Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2008 Mr. Nathan D. Benson Benson Apartments P.O. Box 1090 Mountain Home, North Carolina 28758 SUBJECT: Compliance Evaluation Inspection Status: Compliant Benson Apartments WWTP Permit No: NCO066362 Henderson County Dear Mr. Benson: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 15, 2008. The facility appeared to be in compliance with permit NC0066362. James & James Environmental is doing a fine job of operating this facility. It was noted during the inspection that an A to C for installation of a septic tank (to aid in the grease problem) has been requested from Raleigh. Please keep this office posted as to when you have received authorization and when construction will begin. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, Za�n Cet Lauc-1 Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ ORC w/ attachment G:\WPDATA\DEMWQ\Henderson\66362 Benson Apartements\66362-CE1.08.doc o� NorthCarolina Naturally 2090 U.S.Highway 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 \� s,-.' .,,.\ �\ �`.. -1 I ��_.%, United States Environmental Protection Agency Form Approved. A Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 1 N 2 U5 31 NCO066362 Ill 12 08/1._�2_/15 117 18 l C i 19I g I 20 ® Remarks 211111111111111111IIIIIIIIIIIIIIIIIIIIIIIIII111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 671 169 701 1 711 1 72I N I 731 I 174 751 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 Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:27 PM 08/12/15 06/01/01 Benson Apartments 161 Brookside Camp Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28792 01:57 PM 08/12/15 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Nathan D Benson,PO Box 1090 Mountain Home NC 28758//828-693-5493/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Flow Measurement Operations& Maintenance N Records/Reports Self-Monitoring Program ®Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO.WQ//828-296-4500 Ext.4667/ ature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ® 'Q EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3� NCO066362 I11 12I 08/12/15 I17 181C1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James &James Environmental assisted in the inspection of this facility. Records and reports were available on site including the Annual Performance Report. The facility is being well operated. The facility appears to have a grease problem. The operator stated that they were waiting for Raleigh to approve an Authorization to Construct for a septic tank at the front of the facility to catch the grease. �i Page# 2 Permit: N00066362 Owner-Facility: Benson Apartments Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation _Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ IN n Is the facility as described in the permit? ❑ n #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? n ❑ ❑ Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M ❑ ❑ Cl Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge N ❑ ❑ ❑ Judge,and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? M n ❑ ❑ Is all required information readily available, complete and current? ® ❑ ❑ n 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? ❑ 0 El Dates,times and location of sampling n Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis n Name of person performing analyses 1-1 Transported COCs ❑ Are DMRs complete:do they include all permit parameters? ® ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ® ❑ n ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ Cl ® ❑ Is the ORC visitation log available and current? ® ❑ ❑ n 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: N00066362 owner-Facility: Benson Apartments Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? im ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? m ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ Cl m ❑I Are the diffusers operational? ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ ❑ In Does the foam cover less than 25%of the basin's surface? ❑ In ❑ Is the DO level acceptable? f 1 ❑ ❑ Is the DO level acceptable?(1.0 to 3.O mg/1) ❑ ❑ ❑ Comment: Some grease was observed in the basin. Secondary Clarifier Yes No NA NE >, Is the clarifier free of black and odorous wastewater? ® n ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ❑ Are weirs level? ❑ ❑ ❑ Is the site free of weir.blockage? ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ® ❑ ❑ n Is the site free of excessive floating sludge? N ❑ ❑ In Is the drive unit operational? ❑ ❑ E ❑ Is the return rate acceptable(low turbulence)? ❑ In In Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'%of the sidewa(l depth) ❑ ❑ ❑ Comment: Some grease was observed in the basin. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 1 � Page# 4 Permit: NC0066362 owner-Facility: Benson Apartments Inspection[date: 12/15/2008 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is the level of chlorine residual acceptable? 0 0 Is the contact chamber free of growth, or sludge buildup? El 0 D Is there chlorine residual prior to de-chlorination? D 0 0 Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? Is storage appropriate for cylinders? #Is de-chlorination substance stored away from chlorine containers? n Comment: Are the tablets the proper size and type? 0 0 Are tablet de-chlorinators operational? E 0 0 1 Number of tubes in use? Comment: Page# 5 Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 7— Coleen H.Sullins,Director r Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2008 Ms. Cathy Childrey Mizpah Healthcare Inc. P.O. Box 1796 Southern Pines, North Carolina 28388 SUBJECT: Compliance Evaluation Inspection Status: Compliant Mountain View Assisted Living WWTP Permit No: NCO074110 Henderson County Dear Ms. Childrey: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 15, 2008. The facility appeared to be in compliance with permit NCO074110. James & James Environmental is doing a fine job of operating this facility. There is one item, however, which needs attention. The fence gate is in need of repair and adjustment to prevent unauthorized access to the facility. Please respond in writing to this office within ten (10) days with a timetable for the necessary repairs. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, net Cant Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ ORC w/ attachment G:\WPDATA\DEMWQ\Henderson\741,10 Mountain View Assisted Living\74110-CEI.08.doc ore NorthCarolina naturally 2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 ,� �_,.,J �:i � .. United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 NI 2 151 31 NCO074110 I11 121 08/12/15 117 181C 191 .CI 201 1 Remarks l® 2111111111111111111111111111111I1119IIIIIIIIIIII16 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67I 169 70Ii�I 71 LI 721 NJ 73 L_Lj 74 751 I 1 I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:03 PM 08/12/15 06/01/01 Mountain View Assisted Living 238 Brookside Camp Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28792 01:25 PM 08/12/15 10/11/30 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 Cathy Childrey,PO Box 1796 Southern Pines NC 28388//910-848-0694/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance E Records/Reports Seif-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ 0 ignature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers bate 1 211S'j v EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 1' 3A NC0074110 (11 12I 08/12/15 I17 18IC� Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James &James Environmental assisted in the inspection of this facility. Records and reports were available on site including the Annual Performance Report. The facility is being well operated. The gate needs to be adjusted (there is a wide gap between the fence and the gate)to the fence to prevent access by unauthorized persons or entry by animals to the plant. The fence gate also needs repair to prevent it from snagging on the pipe on the ground. This makes it difficult to open, enter and close. Page# 2 Permit: NCO074110 Owner-Facility: Mountain View Assisted Living inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ in n Is the facility as described in the permit? ❑ ❑ ❑ #Are there any special conditions for the permit? DOE ❑ ❑ Is access to the plant site restricted to the general public? n m ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ n n Comment: The gate needs to be adjusted (there is a wide gap between the fence and the gate) to the fence to prevent access by unauthorized persons or entry by animals to the plant. The fence gate also needs repair to prevent it from snagging on the pipe on the ground. This makes it difficult to open, enter and close. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 n ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge N ❑ ❑ 11 Judge, and other that are applicable? Comment: Maintenance is required for the gate and fence surrounding the facility. -\ Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? 0 ❑ ❑ ❑ Is all required information readily available, complete and current? 0 n ❑ ❑ Are all records maintained for 3 years(lab, reg. required 5 years)? ❑ n ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain-of-custody complete? ❑ ❑ Cl ■ Dates,times and location of sampling ❑ Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis Cl Name of person performing analyses ❑ Transported COCs n Are DMRs complete: do they include all permit parameters? ■ ❑ n In 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? ■ ❑ ❑ ❑ Page# 3 Permit: NCO074110 Owner-Facility: Mountain View Assisted Living Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the ORC certified at grade equal to or higher than the facility classification? 0 ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ❑ n In Are surface aerators and mixers operational? ❑ ❑ m ❑ Are the diffusers operational? ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ In 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: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ❑ ❑ Cl Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Is scum removal adequate? ® ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable(low turbulence)? f® ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately Y4 of the sidewall depth) ❑ ❑ ❑ ■ Comment: _ Disinfection-Tablet Yes No NA NE Page# 4 Permit: NC0074110 Owner-Facility: Mountain View Assisted Living Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Are the tablets the proper size and type? ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? E ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ N ❑ #Is de-chlorination substance stored away from chlorine containers? ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ❑ Are tablet de-chlorinators operational? ❑ ❑ ❑ Number of tubes in use? 1 Comment: Page# 5 `TF,g Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources a � Q Coleen H.Sullins, Director Division of Water Quality December 22, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED—! 7007 1490 0004 0798 9630 Steve and Peggy Im Post Office Box 1547 Eatonville, Washington 98328 Subject Property: Im Driveway Access Rose Creek(HIW02, 1-57-7-1,Class C) DWQ Project#08-1560 Cherokee County RETURNED AS INCOMPLETE Dear Mr, and Mrs. Im: On October 9, 2008, the Division of Water Quality (DWQ) received your application to perform filling activities within streams. The Division of Water Quality requested additional information mailed November 17, 2008. As of December 22, 2009, no response has been received from you. The DWQ has determined that your application and additional information are insufficient in order to make an agency determination. Therefore,we are returning your application as incomplete in accordance with 15A NCAC 2H .0506. In order for your project to be reviewed in the future, you must submit a complete application along with the appropriate processing fee, including, but not limited to:' 1. Your submitted application does not include all of the impacts on site, nor the removal and restoration of these impacts. You must either obtain authorization for, or propose to remove and restore the following: ® Rock and concrete dam to impound waters of an un-named tributary to Rose Creek below the constructed bridge. ® The stream bank and bed excavation and rock dam construction above the constructed bridge. ® The earthen fill associated with the routing of the two un-named tributaries between the two driveways. 2. The Water Quality General Certification (WQC#3705, Condition 13.) for this activity requires that: Culverts required for this project shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters and streams must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. F NorthCarolina Aeurally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)296-4500 Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 FAX (828)299-7043 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Im Drivew a"y, Pagez December 22,26t,. The 3 installed 20 foot long culverts are perched on the downstream end and must be removed and properly re-installed in order to meet this requirement of the Water Quality Certification. A discussion to this effect must be included in your 401 request. 2. Application Item XIII requested information regarding the compliance status of this project with respect to Water Quality Statutes and Standards. As this project has received a Notice of Violation, you must update this section of your application to reflect this compliance status. As you have no authorization under Section 401 of the Clean Water Act for this activity, any work within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Please call Mr. Kevin Barnett at 828-296-4657 if you have any questions this matter. Sincerely, CAI Roger C. Edwards,Regional Supervisor Surface Water Protection Division of Water Quality cc: Ryan Helton Post Office Box 1125 Copper Hill,Tennessee 37317 Cyndi Karoly, DWQ, Wetlands/401 Permitting Unit USACE Asheville Regulatory Field Office David McHenry,NC Wildlife Resources Commission File Copy Central Files Filename: 08-1561.ImDrivewayAccess.returned Michael F.Easley,Governor p� William G.Ross Jr.,Secretary t- North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality December 22, 2008 CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7007 1490 0004 0796 9623 LaRue W. Wait 96 Castellan Drive Greer, South Carolina 29650 Subject: Request for More Information 401 Water Quality Certification LaRue Wait Property DWQ Project# 08-1663 Macon County Response deadline: January 22, 2008 or 30 days from receipt Dear Mr. LaRue: The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1 Provide a discussion about possible alternative bank stabilization techniques involving materials such as vegetative planting and/or logs. It appears that such an approach may result in a more effective, long-term solution and should be considered. 2. Describe what type of equipment will be utilized and how equipment and materials will reach the shoreline (e.g., barge or shore access). 3. Describe how the trout buffer (25 feet landward from the top of the bank) along the shore will be protected and restored if necessary. Please provide a copy of the required information to both the 401 Permitting Unit at: Ms. Cyndi Karoly 401 Permitting Unit North Carolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquallt .org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper LaRue W.Wait December 22,2008 Page 2 of 2 1650 Mail Service Center Raleigh,NC 27699-1650 and to the Asheville Regional Office at: Chuck Cranford Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If you will not be able to provide the requested information by the deadline, but still wish to pursue the project, forward written notice that you intend to provide the requested information, along with a specific date for delivery. If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time)by the DWQ. Please call Chuck Cranford at 828- 296-4664, if you have any questions. Sincerely, 49 Roger C. Edwards Regional Office Supervisor Surface Water Protection Section cc: Cyndi Karoly, 401 Permitting Unit File copy G:\WPDATA\DEMW Q\Macon\401 s\LaRue Wait\08-1663_Addtnfo_12-18-08.doc \NAr9 Michael F. Easley, Governor �a p William G. Ross Jr., Secretary© North Carolina Department of Environment and Natural Resources > Coleen H. Sullins, Director (� r Division of Water Quality Asheville Regional Office December 22, 2008 Mr. Fred J. Matralli, Regional Manager ALF FCLG Promontory, LLC 1928 South Boulevard, Suite 300 Charlotte, North Carolina 28203 Subject: Permit No. WQ0033696 ALF FCLG Promontory, LLC Foster Creek Preserve Wastewater Collection System Extension Polk County Dear Mr. Matralli: In accordance with your application received on December 5, 2008 we are forwarding herewith Permit No. WQ0033696, dated December 22, 2008, to ALF FCLG Promontory, LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, , and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 NorthCarollna DENR Customer Service Center Telephone 1 800 623-7748 Aatura!!ff An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper ALF FCLG Promontory, LLC December 22, 2008 Page G 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 ALF FCLG Promontory, LLC to construct and operate approximately 5,176 linear feet of 8- inch diameter gravity sewer to serve Foster Creek Preserve as a part of the Town of Columbus' collection system, pursuant to the application received on December 5, 2008 and in conformity with 15A NCAC 2T.0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Columbus Wastewater Treatment Facility (Permit No. NC0021369) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy M. Davis (828) 296-4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Polk County Building Inspector ARO, Surface'Water Protection (WWTF Permit No. N00021369) William James Jones, PE Town of Columbus Surface Water Protection Section Central Files PERCS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ALF FCLG PROMONTORY, LLC FOSTER CREEK PRESERVE POLK COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT WQ0033696 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0401 a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the. appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 Permit No. WQ0033696 ALF FCLQ Promontory. LLC: Foster Creek Preserve Polk County,_December 22. 20L 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum .Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C.' 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional : Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the.occurrence of either of the following: 2 o W00033696 ALF FCLG Promontorv•_LLC: Foster Creek Preserve, Polk County. December 22 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 22d day of December, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Nrector Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033696 3 Permit No WQ0033696 ALF FCLG Promontory, LLCM Foster Creek Preserve Polk Countv December 22 200 ENGINEERING CERTIFICATION ® POST CONSTRUCTION System Description: approximately 5,176 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: ® One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension ® supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project ® Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ........................................................................................ SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources r7 Coleen H.Sullins,Director Division of Water Quality "C Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2008 Mr. Lynn Johnson, President Brookside Village Association c/o Paramount Property Management P.O. Box 59 Hendersonville, North Carolina 28793 SUBJECT: Compliance Evaluation Inspection Status: Compliant Brookside Village VVVVTP Permit No: NCO083313 Henderson County Dear Mr. Johnson: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 15, 2008. The facility appeared to be in compliance with permit N00083313. James & James Environmental is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, 2 net Can ell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files James & James Environmental w/ attachment G:\WPDATA\DEMWQ\Henderson\83313 Brookside Village\83313-CE1.08.doc o� NarthCarolina �Vatcrrally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 `� �� �. /r�� \u United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 11 NCO083313 111 121 08/12/15 117 181 CI 19I sI 201I Remarks 21 1 1 IIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 67 I 169 70 U 711 1 72 I N I 73[__U 74 75I I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Brookside Village WWTP 12:42 PM 08/12/15 06/02/01 630 Brookside Camp Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28792 01:00 PM 08/12/15 10/11/30 Name(s)of Onsite Rep resentative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance E Records/Reports Self-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signatur of Management Q A Reviewer Agency/Office/Phone and Fax Numbers /Date ) fZl t � f EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO083313 I11 12I 08/12/15 I17 1$ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James &James Environmental assisted in the inspection of this facility. Records and reports were available on site including the Annual Performance Report. The facility is being well operated. Page# 2 Permit: NCO083313 Owner-Facility: Brookside Village VWVfP Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ❑ Is the facility as described in the permit? ms ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ M ❑ ❑ Is access to the plant site restricted to the general public? m ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? n ❑ 0 ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge M ❑ ❑ ❑ Judge, and other that are applicable? 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)? ❑ ❑ Cl Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain-of-custody complete? ❑ ❑ ❑ 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? ■ Cl ❑ ❑ 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: NCO083313 Owner-Facility: Brookside Village VVVVTP Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Record Kedpin Yes No NA NE Facility has copy of previous year's Annual Report on file for review? n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? n n Are surface aerators and mixers operational? n n m n Are the diffusers operational? n n n Is the foam the proper color for the treatment process? n n Does the foam cover less than 25%of the basin's surface? n n Is the DO level acceptable? n 0 n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n Comment: Secondary Clarifier Yes No NA NE { Is the clarifier free of black and odorous wastewater? E n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n 0 n Are weirs level? n Cl n Is the site free of weir blockage? n n n Is the site free of evidence of short-circuiting? ® ❑ n ❑ Is scum removal adequate? n n .n Is the site free of excessive floating sludge? n n n Is the drive unit operational? n n n Is the return rate acceptable(low turbulence)? n n n Is the overflow clear of excessive solids/pin floc? n n n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ❑ n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n 00 Are the tablets the proper size and type? ® ❑ ❑ n ; Number of tubes in use? .2 Page# 4 Permit: NCO083313 owner-Facility: Brookside Village WVVTP inspection®ate: 12/15/2008 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is the level of chlorine residual acceptable? U fl E Is the contact chamber free of growth, or sludge buildup? n n Is there chlorine residual prior to de-chlorination? Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ D im D Is storage appropriate for cylinders? 0 ® MCI #Is de-chlorination substance stored away from chlorine containers? ❑ E fl Comment: Are the tablets the proper size and type? 0 0 E) Are tablet de-chlorinators operational? D [1 n Number of tubes in use? 1 Comment: Page# 5 44 A T�9 Michael F.Easley,Governor Q6, William G.Ross Jr.,Secretary PNorth Carolina Department of Environment and Natural Resources > l CS Coleen H.Sullins,Director Division of Water Quality December 22, 2008 Joseph J Kalo, IV Raven Ridge, LLC Post Office Box 1998 Burlington,NC 27216 Subject: Site Visit Findings and Required Actions Raven Ridge NOV-2008-SS-0034 Stream Standard Violation - Other Waste (In-stream sediment) Rutherford County Response deadline: January 15, 2008 Dear Mr. Kalo: The Division of Water Quality (DWQ) has received a report documenting the sediment removal efforts undertaken in response to the Notice of Violation listed above from ClearWater Environmental Consultants, Inc. DWQ has reviewed the information provided and conducted a follow-up site visit on December 15, 2008 with Clint Calhoun from the Town of Lake Lure. Observations indicated that sediment removal was not completed at a satisfactorily level to resolve the subject stream standards violations. Several deep pockets of sediment remained within the stream reach, Resolution of NOV-2008-SS-0034 can be attained through removal of the remaining pockets of sediment. Please see that the work is completed by the deadline above and a final inspection can then be scheduled. Thank you for your attention to this matter. Should you have any questions or concerns, please contact me at(828) 296-4664, Sincerely, Chuck Cranford Environmental Specialist Surface Water Protection Section cc: Anna Salzberg—ClearWater Environmental Consultants, Inc. Clint Calhoun—Town of Lake Lure One NorthCarolina ,Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwatefquality.org FAX (828)299-7043 1-877-623-6748 An Equal opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper G:\WPDATA\DEMWQ\Rutherford\Complaints-Mise\Raven Ridge\SitelnspectionFindings_12-15-08.doe �\ �'\ /_:__ 4 % Michael F.Easley,Governor p William G.Ross Jr.,Secretary j North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality 4ja�_ =!W "C Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2008 Mr, Mohammad J. lgbal Sugar Hill Enterprises Inca 3365 Sugar Hill Road Marion, North. Carolina 28752 SUBJECT: Compliance Evaluation Inspection Status: Compliant Marion Travel Plaza WWTP Permit No: NCO086428 McDowell County Dear Mr. Igbal: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 16, 2008. The facility appeared to be in compliance with permit N00086428. James & James Environmental is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667, Sincerely, net Can we Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ QRC w/ attachment G:\WPDATA\DEMWQ\Mcdowell\86428 Marion Travel Plaza\86428-CE1.08.doc NorthCarolina Aatuw1111 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 \\ �, ��� ram.__. \/ United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Re ®rt Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 L51 31 NCO086428 L11 121 08/12/16 117 181rI 191 .c1 20 U Remarks 9� 21IIIII ► IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � IIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 1 QA ---------------------------Reserved---------------------- 67I 169 70 UI 711 I 721 NI 73 74 751 I I I I III 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) 10:15 AM 08/12/16 05/06/01 Marion Travel Plaza WWTP Sugarhill Rd NCSR 1001 Exit Time/Date Permit Expiration Date Marion NC 28752 10:50 AM 08/12/16 09/12/31 Name(s)of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Officialrritle/Phone and Fax Number Contacted Mohammad J Igbal,3365 Sugar Hill Rd Marion NC 28752/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement Operations&Maintenance 0 Records/Reports Self-Monitoring Program N Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date yyl\"-' t -2�l I ( 0 >✓', EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. 1 3I NCO086428 t11 12� 08/12/16 1 17 18I_' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James &James Environmental assisted in the inspection of this facility. Your NPDES permit will expire December 31, 2009. Please request renewal 180 days prior to expiration. Records and reports were available on site and included the Annual Performance Report. EQ basin alarms were tested and operable. Flow meter was calibrated 11/11/08. The clarifier was a little murky but the effluent looked good. There was a slight odor and evidence of some grease in the plant. The operator stated that the grease trap is pumped regularly, however, more care needs to be taken to prevent grease from getting into the system. Page# 2 Permit: NCO086428 owner-Facility: Marion Travel Plaza WWTP Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ❑ Is the facility as described in the permit? ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ E ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ fl ❑ Comment: Permit will expire December 31, 2009. Please request a permit renewal 180 days prior to expiration. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 00 ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge IN ❑ ❑ ❑ Judge,and other that are applicable? Comment: There was a slight odor to the plant. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? 0 ❑ ❑ ❑ 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? ❑ ❑ ❑ 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? N ❑ ❑ ❑ (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? ® ❑ ❑ ❑ Page# 3 Permit: NCO086428 Owner e Facility: Marion Travel Plaza WWTP Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? n n n Is the basin free of bypass lines or structures to the natural environment? In ri n Is the basin free of excessive grease? n n n Are all pumps present? n n n Are all pumps operable? n n In Are float controls operable? n n n Are audible and visual alarms operable? n n n #Is basin size/volume adequate? n n In Comment: There was a small amount of grease visible in the EQ basin. Float alarms/both audible and visible were tested during the inspection and were operable: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? n n n Are surface aerators and mixers operational? n n 0 n Are the diffusers operational? n n in Is the foam the proper color for the treatment process? n n n Does the foam cover less than 25%of the basin's surface? n In In Is the DO level acceptable? n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) 1n In n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ® n Are weirs level? ■ n 11 n Page# 4 Permit: NC0086428 Owner-Facility: Marion Travel Plaza wWTP Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of weir blockage? w n n n Is the site free of evidence of short-circuiting? n n n Is scum removal adequate? 10 n n n Is the site free of excessive floating sludge? 0 Q n Is the drive unit operational? 0 n m n Is the return rate acceptable(low turbulence)? n n n Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable?(Approximately of the sidewall depth) n n Comment: Water in the clarifier was a bit murky, however, the effluent looked good. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? 0 n n n Are the tablets the proper size and type? n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? n 0 n Is the contact chamber free of growth, or sludge buildup? n 110 Is there chlorine residual prior to de-chlorination? In n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n n Is storage appropriate for cylinders? n ❑ ® n #Is de-chlorination substance stored away from chlorine containers? NO 00 Comment: Are the tablets the proper size and type? ® n ❑ Are tablet de-chlorinators operational? N 0 n Number of tubes in use? 1 Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? N n ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Page# 5 Permit: NCO086428 owner-Facility: Marion Travel Plaza WWTP Inspection Date: 12/16/2008 Inspection Type: Compliance Evaluation Flow Measurement-Effluent Yes No NA N€ Is the flow meter operational? mo n n (If units are separated)Does the chart recorder match the flow meter? n n o Comment: Flow meter was last calibrated 11/11/08. tom; Page# 6 Michael F.Easley,Governor William G.Ross Jr.,Secretary �G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director .1 Division of Water Quality `C Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2008 Mr. David S. Wack Fletcher Academy Inc. P.O. Sox 5440 Fletcher, North Carolina 28732 SUBJECT: Compliance Evaluation Inspection Status: Compliant Fletcher Academy WWTP Permit No: NCO036641 Henderson County Dear Mr. Wack: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 15, 2008. The facility appeared to be in compliance with permit NC0036641. James & James Environmental is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, et Can well Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ ORC w/ attachment G:\WPDATA\DEMWQ\Henderson\36641 Fletcher Academy\36641-CEI.08.doc one NorthCarolina Naturully 2090 U.S. Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748 PI �\ �\\ J United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 NCO036641 111 121 08/12/15 117 181 rI 191 SI 201 I Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 j 1 1 l I I I I Li-U I I I I I LL 1 1 16 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67 I 169 70 U 711 1 72 I N I 73 LIJ 74 75I I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Fletcher Academy WWTP 02:02-PM 08/12/15 06/02/01 Howard Gap Rd Exit Time/Date Permit Expiration Date Fletcher NC 28732 02:37 PM 08/12/15 10/12/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Contacted David S Wack,PO Box 5440 Fletcher NC 28732//828-687-5114/ Conta to _ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement Operations&Maintenance 0 Records/Reports Self-Monitoring Program E Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date z Ct /0 ' EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1, 3� NCO036641 11 12� 08/12/15 17 181U C1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James & James Environmental assisted in the inspection of this facility. Records and reports were on site and included the Annual Performance Report. The operator stated that new gate/flow valves have been installed. Flowmeter was last calibrated 9/19/08. The facility is well operated and maintained. The effluent was clear. Page# 2 Permit: NCO036641 Owner-Facility: Fletcher Academy WWTP inspection Date: 12/15/2008 inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ Is the facility as described in the permit? ❑ ❑ ❑ #Are there any special conditions for the permit? n M n n Is access to the plant site restricted to the general public? ® ❑ ❑ Is the inspector granted access to all areas for inspection? n n ❑ Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? m ❑ ® ❑ Does the facility analyze process control parameters,for ex: IVILSS, MCRT, Settleable Solids,pH, DO,Sludge M ❑ ❑ ❑ Judge, and other that are applicable? Comment: Facility is well operated and maintained. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? wO ❑ ❑ Is all required information readily available,complete and current? m ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? M ❑ n ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Is the chain-of-custody complete? ❑ ❑ ❑ Dates,times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis n 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? ■ n n n Page# 3 Permit: NCO036641 owner e Facility: Fletcher Academy W1NrP Inspection Date: 12/15/2008 Inspection"type: Compliance Evaluation Record'Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? n n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual n b.Mechanical Are the bars adequately screening debris? n n n Is the screen free of excessive debris? n n n Is disposal of screening in compliance? n n n Is the unit in good condition? n n n Comment: Lagoons Yes No NA NE Type of lagoons? Aerated #Number of lagoons in operation at time of visit? 1 Are lagoons operated in? Multicell #Is a re-circulation line present? El n M n Is lagoon free of excessive floating materials? n n n #Are baffles between ponds or effluent baffles adjustable? ® n n n Are dike slopes clear of woody vegetation? ® ❑ Are weeds controlled around the edge of the lagoon? ® n n n Are dikes free of seepage? ® n n n Are dikes free of erosion? n Are dikes free of burrowing animals? n n n #Has the sludge blanket in the lagoon(s)been measured periodically in multiple locations? ® n ❑ n #If excessive algae is present, has barley straw been used to help control the growth? 0 O M ❑ Is the lagoon surface free of weeds? ® n n In Is the lagoon free of short circuiting? ® ❑ n n Comment: Duckweed covers the lagoon on the far side. Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ■ ❑ ❑ n -J Page# 4 Permit: NC0036641 Owner-Facility: Fletcher Academy wWTP .nspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Disinfection-Liquid Yes No NA NE (Sodium Hypochlorite)Is pumpafeed system operational? Ll U El Is bulk storage tank containment area adequate?(free of leaks/open drains) U 1-1 0 Is the level of chlorine residual acceptable? rl fi Is the contact chamber free of growth, or sludge buildup? 0 0 0 Is there chlorine residual prior to de-chlorination? Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? 00 IM D Is storage appropriate for cylinders? 00 M D #Is de-chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? oll n D Are tablet de-chlorinators operational? D L Number of tubes in use? 2 Comment: Page# 5 Michael F. Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director r— Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2008 Mr. Bill Hale Bon Worth Inc. P.O. Box 2890 Hendersonville, North Carolina 28793 SUBJECT: Compliance Evaluation Inspection Status: Compliant Bon Worth WWTP Permit No: NCO037176 Henderson County Dear Mr. Hale: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 15, 2008. The facility appeared to be in compliance with permit NC0037176. James& James Environmental is doing a fine job of operating this facility. There is one item which needs immediate attention: the breaches to the fence and gate need to be remedied as soon as possible to prevent unauthorized access to the facility. Please respond in writing within ten (10) days to this office with a timetable for the necessary repairs. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. 4ne erely, t Cantwell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ ORC w/ attachment G:\WPDATA\DEMWQ\Henderson\37176 Bon Worth\37176-CE1.08.doc � NorthCarolina Naturaliff 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 j_..'\ i/ \,"� `�� United States Environmental Protection Agency Form Approved. n Washington,D.C.20460 OMB No.2040-0057 i� 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 1 NI 2 151 31 NCO037176 111 121 08/12/15 117 181 C1 191 S1 201 I Remarks 21111111I11_1I1111IIIIIIIIIIIII IIIIIIIIIIIIllL 1II6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 671 169 70U 71I I 721 73' I I74 75[ I I I ( I I I80 Section B: Facility Data �u Name and location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Bon Worth WWTP 11:35 AM 08/12/15 05/12/01 40 Francis Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28791 12:00 PM 08/12/15 10/11/30 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 Bill Hale,PO Box 2890 Hendersonville NC 28793//828-697-2216/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations& Maintenance N Records/Reports Self-Monitoring Program 0 Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date � tart �ia� EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1. 3� NC0037176 11 12I 08/12/15 I17 1811I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James & James Environmental assisted in the inspection of this facility. Records and reports were available on site including the Annual Performance Report. There was no flow at the time of inspection. The facility is being well operated. The fence was down (from a fallen tree which appeared to have been removed a while back) on the back side. On the corner next to that the fence was also compromised by a load of asphalt which had been dumped next to the fence. The gate on the side was also open. These breaches to the fence and gate need to be remedied as soon as possible to prevent unauthorized access to the facility. Page# 2 Permit: NCO037176 Owner-Facility: Hon Worth WWTP inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ m ❑ Is the facility as described in the permit? ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ m ❑ ❑ Is access to the plant site restricted to the general public? ❑ E ® Cl Is the inspector granted access to all areas for inspection? lig ❑ ❑ n Comment: The fence was down (from a fallen tree which appeared to have been removed a while back) on the back side. On the corner next to that the fence was also compromised by a load of asphalt which had been dumped next to the fence. The gate on the side was also open. These breaches to the fence and gate need to be remedied as soon as possible to prevent unauthorized access to the facility. Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge 0 ❑ ❑ ❑ Judge, and other that are applicable? 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? ❑ ❑ ❑ 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? ❑ ❑ ■ Cl Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Page# 3 Permit: NC0037176 Owner-Facility: Bon Worth WWTP Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Record Kee faint Yes No NA NE Is the ORC certified at grade equal to or higher than the facility classification? n n n Is the backup operator certified at one grade Jess or greater than the facility classification? n n n Is a copy of the current NPDES permit available on site? n n n Facility has copy of previous year's Annual Report on file for review? Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air 'type of aeration system Diffused Is the basin free of dead spots? n n Are surface aerators and mixers operational? n 0 E L Are the diffusers operational? n n In Is the foam the proper color for the treatment process? n n n Does the foam cover less than 25%of the basin's surface? n n n Is the DO level acceptable? jilln n n ! \ Is the DO level acceptable?(1.0 to 3.0 mg/1) 0 n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 n n Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ 0 Cl Are weirs level? n In n Is the site free of weir blockage? n n n Is the site free of evidence of short-circuiting? ❑ n n Is scum removal adequate? n n In Is the site free of excessive floating sludge? n n In Is the drive unit operational? ❑ n M n Is the return rate acceptable(low turbulence)? n n n Is the overflow clear of excessive solids/pin floc? n n n Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ❑ n n Comment: Disinfection-Tablet Yes No NA NE Page# 4 Permit: NC0037176 Owner-Facility: Bon Worth WWTP .nspection®ate: 12/15/2008 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? m ❑I ❑ ❑ Are the tablets the proper size and type? E ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ Comment: 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? ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ❑ Are tablet de-chlorinators operational? ❑ ❑ ❑ Number of tubes in use? 1 Comment: Page# 5 �_\ v j \ / ; Michael F.Easley,Governor p William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director y Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2008 Mr. David H. Osteen Greystone Enterprises Inc. P.O. Box 2059 Hendersonville, North Carolina 28793 SUBJECT: Compliance Evaluation Inspection Status: Compliant Greystone Subdivision WWTP Permit No: NCO068799 Henderson County Dear Mr. Osteen: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 15, 2008. The facility appeared to be in - compliance with permit NC0068799. James & James Environmental is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, anet Ca ell Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ ORC w/ attachment G:\WPDATA\DEMWQ\I-lenderson\68799 Greystone Subdivision\68799-CEI.08.doc one NorthCarolina Naturally 2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 �\ �\ �� ��_J-, ��� United States Environmental Protection Agency Form Approved. A Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IIN 2 15 111 121 117 181 CI 191 S1 20 I NO07 5 Remarks 21111111111111111I1IIIIIIIIIIIIIIIIIIIIIIIIIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA --------------------------Reserved---------------------- 671 169 701 1 711 1 72'N' 73 L_U 74 751 I I I I I Li 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Greystone Subdivision 12:05 PM 08/12/15 05/12/01 NCSR 1513 Exit Time/Date Permit Expiration Date Hendersonville NC 28792 12:20 PM 08/12/15 10/11/30 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 David H Osteen,PO Box 2059 Hendersonville NC 28793//828-693-5534/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Flow Measurement Operations& Maintenance N Records/Reports Self-Monitoring Program N Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Ivy 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 1' 3I NCO068799 I11 12I 08/12/15 I17 18ICI Sectthn D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James & James Environmental assisted in the inspection of this facility. Records and reports were available on site including the Annual Performance Report. The facility is being well operated. Page# 2 Permit: NCO068799 Owner-Facility: Greystone Subdivision Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ M ❑ Is the facility as described in the permit? M ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ M ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? a ❑ ❑ ❑ Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ 110 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge ❑ ❑ ❑ Judge,and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and mainfa`ined as required by the permit? M ❑ ❑ ❑ 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? ❑ ❑ ❑ in Is the chain-of-custody complete? ❑ ❑ ❑ 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: NCO068799 Owner-Facility: Greystone Subdivision Inspection Date: 12/15/2008 Inspection'type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ In Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? m ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ N ❑ 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) In ❑ In Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? M ❑ ❑ ❑ 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? ■ 0 ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ In In Is the site free of excessive floating sludge? ■ ❑ In In Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable(low turbulence)? ❑ ❑ In Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately Y<of the sidewall depth) ❑ ❑ ❑ ■ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 2 Page# 4 Permit: NCO068799 owner-Facility: Greystone Subdivision inspection®ate: 12/15/2008 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is the level of chlorine residual acceptable? n n n im Is the contact chamber free of growth,or sludge buildup? N Li n n Is there chlorine residual prior to de-chlorination? n n o is Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? M n n n Is storage appropriate for cylinders? n n m n #Is de-chlorination substance stored away from chlorine containers? n n n Comment: Are the tablets the proper size and type? n n n Are tablet de-chlorinators operational? n n n Number of tubes in use? 2 Comment: Page# 5 Michael F.Easley,Governor QWilliam G. Ross Jr.,Secretary (� North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2008 Ms. Cathy Childrey Henderson's Assisted Living P.O. Box 1796 Southern Pines, North Carolina 28388 SUBJECT: Compliance Evaluation Inspection Status: Compliant Henderson's Assisted Living WWTP Permit No: NCO071897 Henderson County Dear Ms. Childrey: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 15, 2008. The facility appeared to be in -- compliance with permit NC0071897. James & James Environmental is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext, 4667. Sincerely, 8 net C Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files James & James Environmental w/ attachment G:\WPDATA\DEMWQ\Henderson\71897 Henderson's Assisted Living\71897-CEI.08.doc one NorthCarolina Naturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone:(828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 r OMB No.2040-00�7 Water Compliance Inspection ection Re Orl Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 151 31 NCO071897 111 121 08/12/15 117 181C1 191 , 1 201 1 Remarks C 211 i1II11III1111I1IIIIIIIIIIIIIIIIIIII11i11111_1I6 LInspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved--------------------- 671 169 701 1 711.11 72 J®j N 73 jt_I_j 74 751 I I I I 1 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 12:25 PM 08/12/15 05/12/01 Henderson's Assisted Living 602 Brookside Camp Rd Exit Time/Date Permit Expiration Date Hendersonville NC 28792 12:40 PM 08/12/15 10/11/30 Names)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 Cathy Childrey,PO Box 1796 Southern Pines NC 28388//910-848-0694/Conta to No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance N Records/Reports Self-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 EXt.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date t � ( i.01 ®8 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 3I NCO071897 I11 12I 08/12/15 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James &James Environmental assisted in the inspection of this facility. Records and reports were available on site including the Annual Performance Report. The facility is being well operated. Page# 2 Permit: NCO071897 Owner-Facility: Henderson's Assisted Living Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n 0 m n Is the facility as described in the permit? n n n #Are there any special conditions for the permit? 0 is n n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? ® n n Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® Cl n Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge 10 n n n Judge,and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? n n n Is all required information readily available, complete and current? ❑ n n Are all records maintained for 3 years(lab. reg. required 5 years)? 0 n n n Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain-of-custody complete? n n n ■ Dates,times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 00 ■ n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Page# 3 Permit: NC0071897 owner-Facility: Henderson's Assisted Living Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑) ❑ n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ IN El Are the diffusers operational? ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ ❑ n 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: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? N ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ 0 ❑ Are weirs level? ❑ ❑ ❑ Is the site free of weir blockage? ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ® ❑ ❑ ❑ Is scum removal adequate? ❑ ❑ ❑ Is the site free of excessive floating sludge? ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ® ❑ Is the return rate acceptable(low turbulence)? 0 ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ❑ ❑ ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ ❑ Number of tubes in use? 1 Page# 4 Permit: NC0071897 owner-Facility: Henderson's Assisted Living inspection®ate: 12/15/2008 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is the level of chlorine residual acceptable? n C3 D Is the contact chamber free of growth, or sludge buildup? w f1 n n Is there chlorine residual prior to de-chlorination? n n n in Comment: De-Chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? m 0 n n Is storage appropriate for cylinders? n 0 n n #Is de-chlorination substance stored away from chlorine containers? n n C1 Comment: Are the tablets the proper size and type? n n Are tablet de-chlorinators operational? n n Number of tubes in use? 1 Comment: Page# 5 /,,_.... �L.:�../ _ �\���� Michael F.Easley,Governor Q William G.Ross Jr.,Secretary DMPNorth Carolina Department of Environment and Natural Resources :;� .�. Coleen H.Sullins,Director Division of Water Quality December 22, 2008 Cathy Ball City of Asheville Post Office Box 7148 Asheville,North Carolina 28802 Subject: No Water Quality Certification Required Reed Creek Greenway DWQ Project# 08-1585 Buncombe County FRB02 /Reed Creek/6-80/C Dear Ms. Ball: The DWQ has completed the review of the 401 Water Quality Certification application associated with the project listed above. It has been determined that a 401 Water Quality Certification is not required for the project. However, any other applicable rules and regulations must be complied with; including, Erosion and Sediment Control and Stormwater. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins t` Director CHS/cbc cc: USAGE Asheville Regulatory Field Office Wildlife Resources Commission-David McHenry 401 Permitting Unit—Central Office File Copy Filename' G:\WPDATA\DEMWQ\Buncombe\401s\08-1585_No401_12-19-08.doc NorthCarolina Natura!!il North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper �� w' ��1;, Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources f Coleen H.Sullins,Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 22, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0798 9647 The Honorable James R. Proctor, Mayor Town of Lake Lure PO Box 255 Lake Lure NC 28746-0255 Subject: NOTICE OF VIOLATION NOV-INCL-0040 Compliance Sampling Inspection Lake Lure WWTP Permit No. NCO025381 Rutherford County Dear Mayor Proctor: Enclosed please find a copy of the Inspection Report conducted December 4, 2008. Jeff Menzel of the Asheville Regional Office conducted the Compliance Sampling Inspection. The treatment facility was found to be in violation of Permit NCO025381 for the following: On Monday, December 1, 2008 Mr. Menzel contacted the ORC, Mr. William Grimes, of the facility to request that he set up the composite sampler at the WWTP to collect a 24-hour effluent composite sample. Upon arrival at the facility, on Thursday December 4th, to pick up that sample, DWQ staff was informed, by Mr. Grimes that there was a 24-hour composite sample in the sample container. After reviewing the ISCO composite sampler program it was determined that the sample was only a 5-hour composite consisting of 12 individual samples taken at 350 ml each. After collecting the effluent sample, Mr. Menzel performed an inspection of the WWTP with Mr. Grimes. Also present for the inspection were Mr. Don Price of ARO-DWQ, Donnie McCraw with the Town of Lake Lure, and Don Byers with Brown Consultants. The following observations were made during the inspection: 1) Looking at the headworks of the plant, it is evident that there is an infiltration of iron bacteria. The NPDES permit does not require sampling of metals in order to verify the extent of iron entering the influent. 2) A new barscreen is being installed. 3) The flash mixer was not in operation. Mr. Grimes stated that it has been repaired two or three times, but continues to break down. 4) The settling basin appears to be providing adequate treatment. It is unknown if process control is being conducted as no records were available for review. It should be noted that process control is imperative in order to optimize chemical feed and provide effective settling of the floc. One NorthCarolina Nwkrallil North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C.28778 Phone(828)29.6-4500 Customer Service Internet: www.ncwateraualitv.or-q FAX (828)299-7043 1-877/623-6748 G:\WPDATA\DEMWQ\Rutherford\25381 Lake Lure If you should have any questions, please do not hesitate to contact Mr. Menzel at 828/296-450� Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Enc: Compliance Sampling Report Operator Certification Form CC' Robert L. Guerra, w/attachment William Grimes, w/ attach. Don Byers, w/attach Asheville Regional Office/SWP Enforcement w/attachment United States Environmental Protection Agency Form Approved. A Washington,D.C.20460 OMB No.2040-0057 Watef Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I j 31 NCO025381 111 121 08/12/04 117 181 G1 191 I g1 20L m Remarks t�I I 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1i i 1 I I I I I I I I I I I I I I I I I I I l l J-ij1 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 671 169 70Li 1 i1 71 1 721 NI 73I j '74 75I I I I I I 1 180 Section B: Facility Data f� Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Lake Lure WWTP 10:45 AM 08/12/04 04/04/01 Po Box 255 Exit Time/Date Permit Expiration Date Lake Lure NC 28746 12:00 PM 08/12/04 08/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data William R Grimes/ORC/828-625-9983/ Name,Address of Responsible Official[Title/Phone and Fax Number Contacted H M P1ace,PO Box 255 Lake Lure NC 28746//828-625-9983/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit E Flow Measurement Operations&Maintenance Records/Reports Self-Monitoring Program 0 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 Jeff Menzel ARO WQ//828-296-4500/ Don Price Point Source Branch//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ 6 /` EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1, 3f NCO025381 11 12� 08/12/04 17 181_j Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The Town of Lake Lure treatment plant recently has been under a Special Order of Consent; during this time the town rehabilitated parts of the facility to provide more effective treatment of wastewater before discharging into the Broad river.After inspecting the facility it is clear that the time and money invested in upgrades will be futile if this equipment is not properly maintained and process control is not conducted routinely. Because of the reason listed in this report, the Town of Lake Lure WWTP is found to be in violation of Section C part 2. of NPDES'permit NCO025381 for failure to provide Proper Operation and Maintenance, including notification to the Asheville Regional Office of equipment failure/usage. As well as, 15A NCAC 02B.0211 section (f) of the Fresh Surface Water Quality Standards for Class C waters for adversely impacting the aesthetic quality of the receiving stream. Page# 2 Permit: NCO025381 Owner-Facility: Lake Lure WWTP Inspection Date: 12/04/2008 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). has the permittee submitted a new application? ❑ ❑ n Is the facility as described in the permit? ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ M El Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: The Water Pollution Control System Certification Commission has classified the subject facility as a Grade 2 Physical Chemical Pollution Control Treatment System. An ORC and a Backup ORC with the required certification must be designated. Please complete the attached designation form and submit it to the Regional Office. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 00013 Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids, pH, DO, Sludge ❑1 ❑1 ❑ Judge, and other that are applicable? Comment: With regards to housekeeping this facility had made progress, however there are still housekeeping issues that are visible from the road. The operator's logbook was not complete. The entire month of May 2008 was not present. When asked about this the operator could not offer a clear explanation. Ear Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? ❑ N ❑ ❑ Is the screen free of excessive debris? N ❑ ❑ ❑ Is disposal of screening in compliance? E ❑ ❑ ❑ Is the unit in good condition? ❑ ❑ ❑ Comment: The facility is in the process of getting a new bar screen. Solids Handling Equipment Yes No NA NE Is the equipment operational? ® ❑ ❑ Is the chemical feed equipment operational? ® ❑ ❑ 0 Is storage adequate? m ❑ ❑ ❑ Is the site free of high level of solids in filtrate from filter presses or vacuum filters? ❑ ❑ ❑ Page# 3 Permit: N00025381 owner-Facility: Lake Lure WwrP Inspection®ate: 12/04/2008 Inspection Type: Compliance Sampling Solids dandling Equipment Yes No NA NE Is the site free of sludge buildup on belts and/or rollers of filter press? ❑ ❑ ❑ in Is the site free of excessive moisture in belt filter press sludge calve? f-i ❑ ❑ The facility has an approved sludge management plan? m ❑ ❑ ❑ Comment: The facility is currently hauling sludge to the MS® treatment facility. Chemical Feed Yes No NA NE Is containment adequate? ❑ ❑ ❑ Is storage adequate? ❑ n ❑ Are backup pumps available? ❑ ❑ ❑ Is the site free of excessive leaking? ❑ M ❑ ❑ Comment: The chemical feed building was flooded with effluent. The sump pump was not operational. There is evidence that this water is being discharge from the back of the building. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? No ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ❑ 1`. Are weirs level? Is the site free of weir blockage? ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ❑ N Cl ❑ Is scum removal adequate? ❑ ■ ❑ I] Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? ❑ ❑ ❑ ■ Is the overflow clear of excessive solids/pin floc? ❑ ■ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ❑ ❑ ❑ ■ Comment: The secondary clarifier is not being properly operated. There is buildup on the clarifier weirs. The scum box is not working properly. This facility was recently under construction installing upgrades. It is apparent that the operators did not take advantage of this time to provide necessary cleaning and maintenance. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ ❑ ❑ ❑ Are cylinders protected from direct sunlight? ■ ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑ Page# 4 Permit: NC0025381 Owner-Facility: Lake Lure WWTP Inspection Date: 12/04/2008 Inspection Type: Compliance Sampling Disinfection-Gas Yes No NA NE Is the level of chlorine residual acceptable? m ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ❑ H ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ Is ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No.7782-50-5)? ❑ N ❑ ❑ If yes,then is there a Risk Management Plan on site? ❑ n m ❑ If yes,then what is the EPA twelve digit ID Number?(1000 ) If yes,then when was the RMP last updated? Comment: This facility chlorinates at the head of the plant. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ E ❑ ❑ 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)? no ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ❑ ❑ ❑ Comment: This facility was unable to provide a 24-hour composite sample to split with the inspector. The sampler was not set up correctly to provide-a 24-hour composite; it was unclear if the operator understood how the sampler works. The sampling is not flow proportional and the operator has not provided a letter requesting time composite sampling be granted at this facality. The operator states that the sample tubing freezes up during cold weather, it was obvious that reconfiguring the position and length of the sample tubing could reduce this. 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? ❑ E ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ M ❑ Comment: There is an orange plume leaving the plant, which appears to be iron oxide bacteria. At the time of inspection the plume covered half the width of the river bottom and extended several meters downstream. Field parameters were taken and all were within permit limits. Page# 5 Michael F.Easley,Governor William G.Ross Jr.,Secretary AdG North Carolina Department of Environment and Natural Resources rColeen H.Sullins,Director Division of Water Quality 'C Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2008 Mr. Vito Montaperto Dana Hill Corporation 1010 Dana Road Hendersonville, North Carolina 28792 SUBJECT: Compliance Evaluation Inspection Status: Compliant Dana Hill WWTP Permit No: NCO073393 Henderson County Dear Mr. Montaperto: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection .conducted on December 15, 2008. The facility appeared to be in compliance with permit NC0073393. James & James Environmental is doing a fine job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerel net Cant Environmental Specialist Enclosure cc: DWQ Asheville Files DWQ Central Files James & James Environmental w/ attachment G:\WPDATA\DEMWQ\Henderson\73393 Dana Hill\73393-CEI.08.doc No thCarolina Naturally 2090 U.S.Highway 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1 877 623-6748 ,\ �� �\ i `�.�: _' United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day inspection Type Inspector Fac Type 1 I NI 2 31 NCO073393 1 11 121 08/12/15 117 18LCI 191 GI 20I1 1 4� Remarks �1 211II1 1111111111111 L I I I I1111111111I1111 1 1111 III s Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 671 169 7011j 711 1 72I N� 73�74 751 I I I I I 1 180 Section B: Facility Data ®! Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Dana Hill WWTP 10:50 AM 08/12/15 06/01/01 1010 Dana Rd - Exit Time/Date Permit Expiration Date Hendersonville NC 28792 11:25 AM 08/12/15 10/11/30 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 Vito Montaperto,1010 Dana Rd Hendersonville NC 28792//828-692-8477/No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations&Maintenance E Records/Reports Self-Monitoring Program Facility Site Review Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ ig ture of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date � Z{/t (a..®d 8 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1' 3I NC0073393 I11 12I 08/12/15 I17 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Juanita James of James &James Environmental assisted in the inspection of this facility. The facility was clean and well maintained. Records and reports were available on site including the Annual Performance Report. The effluent appeared clear. The facility is being well operated. Page# 2 Permit: NCO073393 Owner-Facility: Dana Hill WWTP Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the perrnittee submitted a new application? ❑ ❑ M ❑ Is the facility as described in the permit? ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ M ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? m ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, phi, DO,Sludge M ❑ ❑ ❑ Judge, and other that are applicable? Comment: Facility is well operated and maintained. 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? ❑ ❑ In 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? ❑ Cl ❑ ■ 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: NCO073393 owner-Facility: Dana Hill WWTP Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Deport on file for review? MOOD Comment: Flow Measurement-Effluent Yes No -NA NE #Is flow meter used for reporting? n n Is flow meter calibrated annually? 0 n Is the flow meter operational? n n n (If units are separated)Does the chart recorder match the flow meter? n n n Comment: Flow meter was last calibrated June 2008. Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? n n n Are surface aerators and mixers operational? 00 M n Are the diffusers operational? n ❑ n Is the foam the proper color for the treatment process? n n In Does the foam cover less than 25%of the basin's surface? n n n Is the DO level acceptable? n n n Is the DO level acceptabl0(1.0 to 3.0 mg/1) n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n n Are weirs level? ® ❑ n n Is the site free of weir blockage? ® n n n Is the site free of evidence of short-circuiting? n n n Is scum removal adequate? ® n n n Is the site free of excessive floating sludge? n n n Is the drive unit operational? n n m n Is the return rate acceptable(low turbulence)? ® n n n Is the overflow clear of excessive solids/pin floc? ■ n n n �- Page# 4 Permit: NCO073393 owner-Facility: Dana Hill WWTP Inspection Date: 12/15/2008 Inspection Type: Compliance Evaluation Secondary Diarifier Yes No NA NE Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) n n n Comment: Disinfection-`tablet Yes No NA NE Are tablet chlorinators operational? n n n Are the tablets the proper size and type? n n In Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ n n Is the contact chamber free of growth,or sludge buildup? n n n Is there chlorine residual prior to de-chlorination? n n Cl Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? M El 00 Is storage appropriate for cylinders? n n No #Is de-chlorination substance stored away from chlorine containers? 00 n n Comment: Are the tablets the proper size and type? n n n Are tablet de-chlorinators operational? n n n Number of tubes in use? 2 Comment: Page# 5 ,VA Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources �? 7 Coleen H.Sullins,Director >_ Division of Water Quality .p December 23, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7007 1490 0004 0798 9616 Mr.Tony Konsul, Regional Manager Transylvania Utilities, Inc. Post Office Box 240908 Charlotte, North Carolina 28224 Subject: NOTICE OF VIOLATION Permit No. WQCS00219 Incidents # 200803325 & 200803187 Transylvania Utilities, Inc. Connestee Falls Collection System Transylvania County Dear Mr Lashua: A review has been conducted of the Transylvania Utilities' Collection System Sanitary Sewer Overflow (SSO) 5-Day Reports. This review has shown the subject facility to be in violation of the requirements found in the Transylvania Utilities' Collection System Permit (WQCS00075) and/or G.S. 143-215.1(a)(1). The violations are described below: NOW Violation Location Cause Volume Date NOV-2008-DV-0434 12/12/2008 Indian Hills Villas Force Main 900 gal 11/22/2008 Unit 13, Lot 15 Failure 500 gal Both of these Sanitary Sewer Overflows occurred in the same force main that serves Pump Station Number 10. You informed Roy Davis that funds to replace this force '^ main would appear in Utilities, Incorporated's 2009 Capital Improvements Plan. Please >' inform me in writing the start construction date for this project. NoorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Natura!!'m Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 Should you have need to discuss any aspect of this Notice, I encourage you to contact Roy Davis at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Surface Water Protection Section Central Files David Medling, CSORC, Transylvania Utilities, Inc. Connestee Falls Property Owners Association Roy Davis G:\WPDATA\DEMWQ\Transylvania\Transylvania Uti1ities\N0V-2008-DV-0434.doc ,4 A Michael F.Easley,Governor leoll `4n William G.Ross Jr.,Secretary NY G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director .{ Division of Water Quality December 23, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7007 1490 0004 0798 9609 Mr. Lee Smith, Utilities Director City of Hendersonville Post Office Box 1670 Hendersonville, North Carolina 28793-1670 Subject: NOTICE OF VIOLATION Permit No. WQCS00070 City of Hendersonville Hendersonville Collection System Henderson County Dear Mr Smith: A review has been conducted of the City of Hendersonville Collection System self reported Sanitary Sewer Overflow(SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the City of Hendersonville's Collection System Permit (WQCS00070) and/or G.S. 143-215.1(a)(1). The violation is summarized below: NOV# Violation Location Cause Volume Date NOV-2008-DV-0432 12/01/2008 1810 Laurel Park Highway Roots 4,000 gal The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. We are aware that this SSO was the result of root intrusion around an illegal "hammer tap" occurring years ago. We feel that a NOV is appropriate for the reason of the large volume of sewage reaching Wash Creek. You should take remedial action in response to these incidents. Remedial action should include implementation of all measures necessary to prevent recurrence. NoorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Natumilil Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis at 828-296-4659. Sincerely, .3 C7+ G 4 Roger C. Edwards,Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Dennis Frady, City of Hendersonville Surface Water Protection Section Central Files Roy Davis �JI G:\WPDATA\DEMWQ\Henderson\Hendersonville MNOV-2008-DV-0432.doc �' A Michael F.Easley,Governor �9Q William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality December 23, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED—7007 1490 0004 0798 9593 Mr.Joe Albright. City Manager City of Brevard 95 West Main Street City of Brevard, North Carolina 28712 Subject: NOTICE OF VIOLATION Permit No. WQCS00084* City of Brevard Transylvania County Dear Mr Albright: A review has been conducted of the City of Brevard's Collection System Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the City of Brevard's Collection System Permit (WQCS00084) and/or G.S. 143-215.1(a)(1). The violation is described below: NOV# Violation Location Caine Volume Date NOV-2008-DV-0431 12/11/2008 70 Grandview Ave. Infiltration/Inflow 2,000 gal I would be interested in knowing the status of the Gallimore Road Pump Station force main project. Roy Davis informs me that the City of Brevard plans to proceed with construction of the force main across the condominium property in the near future. Please inform me in writing the start construction date for this project and the anticipated completion date, One North Carolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Naturallf Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 Should you have need to discuss any aspect of this Notice, I encourage you to contact Roy Davis at 828-296-4659. Sincerely, J Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Surface Water Protection Section Central Files David Lutz, Director of Public Utilities, City of Brevard Roy Davis G:\WPDATA\DEMWQ\Transylvania\Srevard Collection System\NOV-2003-DV-0431.doc ,4ATF Michael F.Easley,Governor �Q William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources J Coleen H.Sullins,Director l Division of Water Quality o � December 23, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED ®7007 1490 0004 0798 9654 Mr. Sam Greenwood, Town Manager Town of Franklin 188 West Main Street Franklin, North Carolina 28734 Subject: NOTICE OF VIOLATION Permit No. WQCS00101 Town of Franklin Franklin Collection System Macon County Dear Mr. Greenwood: A review has been conducted of the Town of Franklin's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Deport. This review has shown the subject facility to be in violation of the requirements found in the Town of Franklin's Collection System Permit (WQCS00101) and/or G.S. 143-215.1(a)(1). The violation is summarized below: NOV# Violation Location Cause Date NOV-2008-DV-0430 12/11/2008 Manhole 15 55-2 Infiltration/ Inflow The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. Would you please inform me in writing how far the Town's consulting engineer has progressed with design of the Town's wastewater treatment plant/collection system improvements project. I would also like to be informed where the Town of Franklin stands in terms of financing this project. No'AhCarolina �, North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service �°�atta'allY Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Jay Osborn, CSORC, Town of Franklin Surface Water Protection Central Files Roy Davis G:\WPDATA\DEMWQ\Macon\Franklin Collection System\NOV-2008-DV-0430.doc T Michael F.Easley,Governor QWilliam G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources 7 Coleen H.Sullins,Director Division of Water Quality December 23, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED —7007 1490 0004 0798 9661 Mr. W. Lane Bailey, City Manager City of Lenoir Post Office Sox 958 Lenoir, North Carolina 28645-0958 Subject: NOTICE OF VIOLATION Permit No. WQCS00035 City of Lenoir Lenoir Collection System Caldwell County Dear Mr Bailey: A review has been conducted of the City of Lenoir's Collection System self reported Sanitary Sewer Overflow (SSO) 5-Day Report. This review has shown the subject facility to be in violation of the requirements found in the City of Lenoir's Collection System Permit (WQCS00035) and/or G.S. 143-215.1(a)(1). The violation is summarized below: NOV# Violation Location Cause Volume Date NOV-2008-DV-0433 12/05/2008 1207 Harper Debris in line 842 gal Avenue The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. We get concerned any time that a SSO occurs at the same place for the same reason. On November 4, 2008 and again on December 5, 2008 the City of Lenoir experienced SSOs at 1207 Harper Avenue. I am asking you to instruct municipal staff to identify the common cause for these SSOs and eliminate those common factors. I would say that something is catching debris resulting eventually in an overflow. Almost nothing calls our attention to a town like repeat overflows at the same location for the same reason. Please inform me in writing what your staff did in response to these overflows, NorthCarolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service �Vatllrall� Internet:wwwncwaterquality.org FAX (828)299-7043 1-877-623-6748 If you have any question regarding this NOV or our policy relating to issuance of NOVs or Civil Penalties for SSOs please contact Roy Davis at 828-296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: PERCS Unit Surface Water Protection Section Central Files Mack W. Edmisten, City of Lenoir Roy Davis GAWPDATA\DEMWQ\Caldwell\Lenoir Collection System\NOV-2008-DV-0433.doc Michael F. Easley, Governor \�Q William G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources tom_ Coleen H. Sullins, Director —I Division of Water Quality J "C Asheville Regional Office SURFACE WATER PROTECTION SECTION December 30, 2008 Mr. Roger C. Floren Flesher's Fairview Rest Home P.O. Box 1160 Fairview, North Carolina 28730 SUBJECT: Compliance Evaluation Inspection Status: Compliant Flesher's Fairview Rest Home WWTP Permit No: NCO034924 Buncombe County Dear Mr. Floren: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2008. The facility appeared to be in compliance with permit number NC0062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500, extension 4662. Sincerely, A . Cf/ L Wanda P. Frazier Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental Mgmt w/ attachment G:\WPDATA\DEMWQ\Buncombe\34924 Flesher's Rest Home\34924 CEI 2008.doc one NorthCarolina �lltllC6l��j� 2090 US Hwy 70,Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 ' 51 31 NCO034924 I11 12L 08/12/19 117 181CI 19'GI 201 Remarks I ' 21[ 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 I I I I I I I I I I I I I I I ii6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67 I 1.o 169 701 a I 711 I 72 I N I 731 t 174 751 I I I I I I 180 Section B: Facility Data Ie L��J 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) 04:05 PM 08/12/19 05/12/01 Flesher's Fairview Rest Home 3016 Cane Creek Rd Exit Time/Date Permit Expiration Date Fairview NC 28730 04:20 PM 08/12/19 10/10/31 Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Roger C Floren,P0 Box 1160 Fairview NC 28730//828-628-1066/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance ®Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ( 2_[ '301 0 c4 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3) 11 12 17 18 NCO034924 08/12/19 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on April 29, 2008 by Janet Cantwell The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on-site and had good notation of daily events. Operations & Maintenance/Summary: This facility appears to be well operated and maintained. Effluent: The effluent appeared to be clear, indicating compliance with permit limits, Page# 2 Permit: NC0034924 Owner-Facility: Flesher's Fairview Rest Home Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n W 0 Is the facility as described in the permit? n n n #Are there any special conditions for the permit? inIn n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? n n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? n n n Is the screen free of excessive debris? nI n n Is disposal of screening in compliance? n n n Is the unit in good condition? n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? n n n Is the basin free of bypass lines or structures to the natural environment? ® n n n Is the basin free of excessive grease? ® � n Are all pumps present? ® n n n Are all pumps operable? ® n n n Are float controls operable? ® n n n Are audible and visual alarms operable? ® n n n #Is basin size/volume adequate? ■ n ® n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? n n n Are surface aerators and mixers operational? ❑ n ® n Page# 3 Permit: NC0034924 Owner-Facility: Flesher's Fairview Rest Home Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Yes No NA NE Aeration Basins 15000 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? ❑ ❑ n ❑ ❑ ❑ Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: Yes No NA NE Secondary Clarifier Is the clarifier free of black and odorous wastewater? ❑ 130 Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ M ❑ ❑ ❑ ❑ Are weirs level? ❑ ❑ Is the site free of weir blockage? ❑ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ❑ ❑ ❑ Is scum removal adequate? Is the site free of excessive floating sludge? ❑ ❑ ■ ❑ Is the drive unit operational? Is the return rate acceptable(low turbulence)? Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately''/<of the sidewall depth) ® n n n Comment Yes No NA NE Disinfection-Tablet ® ❑ ❑ ❑ Are tablet chlorinators operational? Are the tablets the proper size and type? ® ❑ n n 2 Number of tubes in use? 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? ® ❑ ❑ n Comment: Yes No NA NE De-chlorination Tablet Type of system? Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n 0 ❑ Page# 4 Permit: NCO034924 Owner-Facility: Flesher's Fairview Rest Home inspection Date: 12/19/2008 Inspection Type-: Compliance Evaluation De-chlorination Yes No NA NE Is storage appropriate for cylinders? n 0 M 0 #Is de-chlorination substance stored away from chlorine containers? n n n Comment: Are the tablets the proper size and type? Are tablet de-chlorinators operational? n Q n 1 Number of tubes in use? Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge N n n ❑ Judge,and other that are applicable? Comment: Page# 5 A. ,_, ��.✓ ,_ Michael F. Easley, Governor William G. Ross Jr., Secretary pG North Carolina Department of Environment and Natural Resources r Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 30, 2008 Mr. Wendell T. Howard HRS Land Development LLC Suite G 204 Charlotte Highway Asheville, North Carolina 28803 SUBJECT: Compliance Evaluation Inspection Status: Compliant Ledgestone Subdivision WWTP Permit No: N00087556 Buncombe County ' Dear Mr. Howard: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19,,2008. The facility appeared to be in compliance with permit number N00062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500, extension 4662, Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental Mgmt w/ attachment G:IWPDATA\DEMWQ\Buncombe\87556 Ledgestone\87556 CEI 08.doc North Carolina�Gli�llCa��lf 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved, EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 NCO087556 1 11 121 08/12/19 117 181 CI 191.GI 201 Remarks _J 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 671 1,o 169 70I 3 I 711 1 721 NJ 73I t 174 751 1 I 1 I I I 180 t® Section B: Facility Data 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) 03:50 PM 08/12/19 06/01/01 Ledgestone Subdivision WWTP NCSR 2800 Exit Time/Date Permit Expiration Date Fairview NC 28730 04:00 PM 08/12/19 10/12/31 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Wendell T Howard,204 Charlotte Hwy Asheville NC 28803//828-299-8205/No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0 Operations&Maintenance N Facility Site Review 0 Effluent/Receiving Waters Section D: Summa of Find in /Comments Attach additional sheets of narrative and checklists as necessar (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500' Ext.4662/ r �,5�W' 4 � a Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date � It 3-o 6 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. _ 3I NCO087556 11 12I 08/12/19 17 18H Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on April 29, 2008 by Janet Cantwell The permit expires on 12/31/2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on-site and had good notation of daily events. Operations & Maintenance/Summary: This facility appears to be well operated and maintained. Effluent: The effluent appeared to be clear, indicating compliance with permit limits. Page# 2 i Permit: NC0087556 Owner-Facility: Ledgestone Subdivision WWTP .aspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n is o Is the facility as described in the permit? in n n n #Are there any special conditions for the permit? Pl N n n Is access to the plant site restricted to the general public? n n Is the inspector granted access to all areas for inspection? n ❑ n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? n n n Is the screen free of excessive debris? n n. n Is disposal of screening in compliance? n n n Is the unit in good condition? n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? 0 n n 11 Is the basin free of bypass lines or structures to the natural environment? 0 n n ❑ Is the basin free of excessive grease? ® Q Are all pumps present? ® Cl Are all pumps operable? ❑ (] Q Are float controls operable? n n n Are audible and visual alarms operable? n n n #Is basin size/volume adequate? ® n n Q Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ® n ❑ n Are surface aerators and mixers operational? ❑ n ■ n Page# 3 Permit: NCO087556 Owner-Facility: Ledgestone Subdivision WVVTP Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Are the diffusers operational? Is the foam the proper color for the treatment process? n n n Does the foam cover less than 25%of the basin's surface? n n n Is the DO level acceptable? n n 11 Is the DO level acceptable?(1.0 to 3.0 mg/1) n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? n n Cl Is the site free of excessive buildup of solids in center well of circular clarifier? n n 0 n Are weirs level? n n n Is the site free of weir blockage? n n n Is the site free of evidence of short-circuiting? n n n Is scum removal adequate? ® n Cl n Is the site free of excessive floating sludge? n n n -- Is the drive unit operational? ® n ® n Is the return rate acceptable(low turbulence)? ® n n ❑ Is the overflow clear of excessive solids/pin floc? ® n ❑ n Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) ® ❑ ❑ n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® n n n Are the tablets the proper size and type? ■ ❑ ❑ n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ® n 110 Is there chlorine residual prior to de-chlorination? ® ❑ n ❑ Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ n ❑ i Page# 4 Permit: NCO087556 Owner-Facility: Ledgestone Subdivision VVVVTP <nspection Date: 12/19/2008 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Is storage appropriate for cylinders? #Is de-chlorination substance stored away from chlorine containers? 0 0 n Comment: Are the tablets the proper size and type? 0 0 11 Are tablet de-chlorinators operational? n ❑ 1 Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ 11 D 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? 0 L 0 Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? D 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge 0 ❑ D Judge, and other that are applicable? Comment: Page# 5 �cly Michael F. Easley, Governor William G. Ross Jr., Secretary QG North Carolina Department of Environment and Natural Resources rr � Coleen H. Sullins, Director p C Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 30, 2008 Mrs. Bertha S. Burnette 41 Dix Creek Road #1 Leicester, North Carolina 28748 SUBJECT: Compliance Evaluation Inspection Status: Compliant Briarwood WWTP Permit No: NCO029882 Buncombe County Dear Mrs. Burnette: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2008. The facility appeared to be in compliance with permit number N00062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500, extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental Mgmt w/ attachment f: G:\WPDATA\DEMWQ\Buncombe\29882 Briarwood Subdivision\29882 CEI 2008.doc NorthCarolina �atura!!j 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 !� Water QOm dance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO029882 111 121 08/12/19 117 181 CI 19I SI 201 I Remarks 211iil llll llllilll iillllll iliilllliiiU_LLL_ illlll6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67 I 1.0 169 70®( 711 i 72 i N 1 731 751 I I I I I 80 -J � 1 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) Briarwood WWTP 03:05 PM 08/12/19 05/11/01 41 Dix Creek Rd Exit Time/Date Permit Expiration Date Leicester NC 28748 03:15 PM 08/12/19 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Bertha S Burnette,41 Dix Creek Rd #1 Leicester NC 28748//828-683-3791_( 0 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance N Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 4- 4�" ' ._ g ' 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.) 3I NCO029882 I11 12 17 18 f 08/12/19 IICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Records& Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on April 29, 2008 by Janet Cantwell The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on-site and had good notation of daily events. Operations & Maintenance/Summary: This facility appears to be well operated and maintained. Effluent: The effluent appeared to be clear, indicating compliance with permit limits. �i Page# 2 Permit: NCO029882 Owner-Facility: Briarwood WWTP .pection Date: 12/19/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ 0 ❑ Is the facility as described in the permit? N ❑ ❑ ❑ #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: 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: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? ■ ❑ ❑ Cl Is the screen free of excessive debris? ■ ❑ In In Is disposal of screening in compliance? ■ n ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ■ ❑ ❑ ❑ \ Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ ❑ Cl Page# 3 Permit: N00029882 owner-Facility: Briarwood WWTP Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation ` Aeration Basins Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? M n 0 n Is the site free of excessive buildup of solids in center well of circular clarifier? n In m Q Are weirs level? n n n Is the site free of weir blockage? D n 0 Is the site free of evidence of short-circuiting? o n n Is scum removal adequate? 11 n 11 Is the site free of excessive floating sludge? n n n Is the drive unit operational? 0 0 n Is the return rate acceptable(low turbulence)? o n In Is the overflow clear of excessive solids/pin floc? n n n Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ® n ❑ n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n ❑ Is the contact chamber free of growth, or sludge buildup? ■ n In n Is there chlorine residual prior to de-chlorination? ® Q n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ® n Is storage appropriate for cylinders? ❑ n ■ #Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ■ ❑ n n Are tablet de-chlorinators operational? ■ n n n Page# 4 Permit: NCO029882 Owner-Facility: Briarwood VWVCP .aspection Date: 12/19/2008 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Number of tubes in use? 1 Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M D n 0 Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids,pH, DO,Sludge 0 0 0 Judge, and other that are applicable? Comment: Page# 5 shy Michael F. Easley, Governor William G. Ross Jr., Secretary QG North Carolina Department of Environment and Natural Resources r Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 30, 2008 Ms. Marlene L. Able Midway Medical Center P.O Box 1409 Canton, North Carolina 28716 SUBJECT: Compliance Evaluation Inspection Status: Compliant Midway Medical Center WWTP Permit No: NCO022454 Haywood County Dear Ms. Able: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2008. The facility appeared to be in compliance with permit number N00062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500, extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental Mgmt w/ attachment G:\WPDATA\DEMWQ\Haywood\22454 midway Medical Center\22454 CEI 08.doc one NorthCarolina 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748 ��\ �\ r ., �� �1 United States Environmental Protection Agency Form Approved. A Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 1 DTI 2 1I 31 NCO022454 111 121 08/12/19 117 181 CI 19I SI 20�J I Remarks 211 I I I i l l 1 1 1 1 1 1 1 1 1 1 1 1 l l l 1 1 —LL l I I I I I 1--Lii—L I I I I I I l l6 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---=------------------ 671 1.o 169 70131 71 UI 721 N1 731LmdmJ I 1 74 751 i 1 I I 1 I 180 Section B: Facility Data t Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:35 PM 08/12/19 06/12/01 Midway Medical Center-Canton Hwy 19 23 Exit Time/Date Permit Expiration Date Canton NC 28716 02:45 PM 08/12/19 11/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ ------------ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Marlene L Able,PO Box 1409 Canton NC 28716//828-627-2211/8286272216 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations&Maintenance E Facility Site Review ®Effluent/Receiving Waters Section D: Summaa of Findin /Comments Attach additional sheets of narrative and checklists as necessar (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ G f en Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date oe EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3� NCO022454 I11 12I 08/12/19 J 17 18H Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted by Janet Cantwell. The permit expires on 1/31/2011. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on-site and had good notation of daily events. Operations & Maintenance/Summary: This facility appears to be well operated and maintained. Effluent: The effluent appeared to be clear, indicating compliance with permit limits. Deficiencies: Immediate action is required --- Access to the WWTP poses a slip and fall hazard for the operator who makes daily visits to the facility carrying process control equipment and supplies. The ditch needs to have a safe means of crossing, to eliminate possible injury and legal liabilities. On the day of the inspection, it was raining and the ditch bank was wet and very slippery, causing the inspector to slip and nearly fall. Please respond in writing, within 30 days, as to the .. corrective measures taken to eliminate this hazard and liability. Failure to do so, may result in a Notice of Violation and possible civil penalty, from the Division of Water Quality. Page# 2 Permit: NCO022454 Owner-Facility: Midway Medical Center-Canton .nspeetion Date: 12/19/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n 0 IN n Is the facility as described in the permit? n n #Are there any special conditions for the permit? Ii n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? n ❑ n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? n n n Are surface aerators and mixers operational? n Cl Are the diffusers operational? n n n Is the foam the proper color for the treatment process? E ❑ n n Does the foam cover less than 25%of the basin's surface? E n n El Is the DO level acceptable? ® n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n Q n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? n Cl n Is the site free of excessive buildup of solids in center well of circular clarifier? n n Are weirs level? 0 ❑ Cl n Is the site free of weir blockage? ® n n Is the site free of evidence of short-circuiting? ® n n n Is scum removal adequate? ® ❑ n n Is the site free of excessive floating sludge? ❑ n ❑ Is the drive unit operational? Cl n ® ❑ Is the return rate acceptable(low turbulence)? ® ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? n n n Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) n n n Page# 3 Permit: NCO022454 owner-Facility: Midway Medical Center-Canton Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n 0 n Are the tablets the proper size and type? n n n Number of tubes in use? 1 Is the level of chlorine residual acceptable? n 0 Is the contact chamber free of growth,or sludge buildup? n n n Is there chlorine residual prior to de-chlorination? ® ® n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n n Is storage appropriate for cylinders? n n 00 #Is de-chlorination substance stored away from chlorine containers? n n n Comment: Are the tablets the proper size and type? n Are tablet de-chlorinators operational? ® n n n Number of tubes in use? 1 Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ® n n n Judge, and other that are applicable? Comment: Page# 4 T Michael F.Easley,Governor William G. Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources rr- Coleen H.Sullins, Director WOUG Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 30, 2008 Mr. Aaron Hamlin Wedgefield Acres Mobile Home Park 558 Pond Road Asheville, North Carolina 28806 SUBJECT: Compliance Evaluation Inspection Status: Compliant Wedgefield Acres MHP WWTP Permit No: N00062634 Buncombe County Dear Mr. Hamlin: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2008. The facility appeared to be in compliance with permit number NC0062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500, extension 4662. Sincerely, r Wanda P. Frazier Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental Mgmt w/attachment G:\WPDATA\DEMWQ\Buncombe\62634 Wedgefield Acres MHP\62634 CEI 2008.doc NorthCarolina Naturally 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748 \\ /, L_ United States Environmental Protection Agency Form Approved. E P A Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Re OI"t 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 IJ '2 15 31 NCO062634 111 121 08/12/19 117 181111 81r' 191.c1 Remarks 201 l�!� 21111111111111111111111111111111111111111111111111 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------- 671 1.0 1 69 701 31 71 I111 721 N I 73�74 751 1 I I 1 I I 180 Section B: Facility Data 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) 12:45PM 08/12/19 05/12/01. Wedgefield Acres MHP WWTP 45 Wedgef ield P1 Exit Time/Date Permit Expiration Date Asheville NC 28806 01:05 PM 08/12/19 10/10/31 Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Officialrritle/Phone and Fax Number Contacted Aaron Hamlin,558 Pond Rd Asheville NC 28806//828r667-4560/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance ®Facility Site Review N Effluent/Receiving Waters Section D: Summa of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 61 Sign re of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date C�� J Z, 3c7 c7 0 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.} i. 3I NCO062634 I11 12I 08/12/19 ( 17 18IUJ _1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Records&Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on April 29,2008 by Janet Cantwell. The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on-site and had good notation of daily events. Operations & Maintenance/Summary: This facility appears to be well operated and maintained. Effluent: The effluent appeared to be clear, indicating compliance with permit limits. Page# 2 Permit:NCO062634 Owner-Facility: Wedgefield Acres MHP WWTP aspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n M n Is the facility as described in the permit? n n n #Are there any special conditions for the permit? n m n n Is access to the plant site restricted to the general public? n n n Is the inspector granted access to all areas for inspection? n n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? o o n Is the screen free of excessive debris? n n n Is disposal of screening in compliance? n ❑ n Is the unit in good condition? ® ❑ n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ® n n Cl Are surface aerators and mixers operational? n ❑ ■ 11 Are the diffusers operational? ■ n ❑ In Is the foam the proper color for the treatment process? 0 0 n Does the foam coverless than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ® n ❑ n Is the DO level acceptable?(1.0 to 3.0 mg/1) ® n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ ❑ Are weirs level? ■ n 00 Page# 3 Permit: NC0062634 Owner-Facility: Wedgefield Acres MNP WWTP Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of weir blockage? 0 n Cl n Is the site free of evidence of short-circuiting? n n n n Is scum removal adequate? 0 n n Is the site free of excessive floating sludge? ® n n Is the drive unit operational? n n n Is the return rate acceptable(low turbulence)? ■ n Q n Is the overflow clear of excessive solids/pin floc? ■ n 0 n Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n ❑ D Comment: Disinfection-'tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ n n Are the tablets the proper size and type? ® ® n ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n ,- Is the contact chamber free of growth,or sludge buildup? ■ n ® `J Is there chlorine residual prior to de-chlorination? ■ n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ n n Is storage appropriate for cylinders? n n ■ n #Is de-chlorination substance stored away from chlorine containers? ■ n_ n Comment: Are the tablets the proper size and type? ® ❑ 00 Are tablet de-chlorinators operational? n Cl n Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ Y Page# 4 Permit:N00062634 Owner-Facility: Wedgefield Acres MHP WWTP Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE If effluent (diffuser pipes are required) are they operating properly? 0 M D Comment: Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge N 0 0 ID Judge,and other that are applicable? Comment: Page# 5 Michael F.Easley,Governor William G.Ross Jr.,Secretary G North Carolina Department of Environment and Natural Resources a�7� Coleen H.Sullins,Director Division of Water Quality 4=!W Asheville Regional Office SURFACE WATER PROTECTION December 30, 2008 D. Brent Nappier Sunny Forcast 64, LLC Post Office Box 1870 Hendersonville,NC 28793 SUBJECT: Sediment Removal/Stream Restoration Approval Wolfchase Development Project# 07-0608 DWQ Tracking Number: NCR000979 Stream Standard Violation- Other Waste (In-stream sediment) Henderson County Dear Mr. Nappier: The Division of Water Quality (DWQ) has received your response to the Site Visit Findings and Required Actions letter dated November 19, 2008. The information provided and proposed sediment removal/stream restoration activities have been found satisfactory. Please see that the activities involved in this approved plan, as well as submittal of the final report, are completed within 45 days of this letter. Thank you for your attention to this matter. Please contact me if you have any questions or I can be of any further assistance at(828) 296-4664 or chuck.cranfordgncmail.net. Sincerely, ell J Chuck Cranfid Environmental Specialist Surface Water Protection Section cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy DWQ Central Files Clearwater Environmental Consultants, Inc. -Anna Salzberg Henderson County Planning G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCGOI\WolfChase-ncr000979\ResponseActivityApproval_12-30-O8.doc Noith Carol ina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterqublity.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper ,,� �\ `� i �' , �_,, �� Michael F. Easley, Governor ��'� William G. Ross Jr., Secretary C North Carolina Department of Environment and Natural Resources r Coleen H. Sullins, Director -i Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 30, 2008 Mr. Charles W. Burkette Valley View of Asheville LLC 801 Atton Road, Suite 2 Miami Beach, Florida 33139 SUBJECT: Compliance Sampling Inspection Status: Compliant Valley View Shopping Center WWTP Permit No: NCO039187 Buncombe County Dear Mr. Burkette: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2008. The facility appeared to be in compliance with permit number N00062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500, extension 4662. Sincerely, Vvt�A Wanda P. Frazier Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental Mgmt w/ attachment G:\WPDATA\DEMWQ\Buncombe\39187 Valleyview Shopping Center\39187 CEI 2008.doc NorthCarolina naturally 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748 A \\ ____ i-� _United States Environmental Protection Agency Form Approved. E PA Washington,D.C.20460 OMB No.2040-0057 r1 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 LI 2 I sI 31 NCO039187 111 121 08/12/19 117 181,1 19LSI 20IU Remarks !- 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------—------------Reserved---------------------- 67I 1.0 169 70I 3 I 711 I 72 L N I 73�74 75I I I I I I I 180 Section B: Facility Data �— Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Valley Shopping View Sho Center 01:45 PM 08/12/19 05/12/01 Vly View Shopping Cent Exit Time/Date Permit Expiration Date Candler NC 28715 01:55 PM 08/12/19 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Charles W Burkette,801 Atton Rd Miami Beach FL 33139//305-534-0102/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance ®Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signat a of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date � c IV- .3o 0 EPA Form 3560-3(Rev 9-94).Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) _ 3� NCO039187 I11 12I 08/12/19 17 18UI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on September 18, 2008 by Janet Cantwell. The permit expires on 10/31/201 0. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on-site and had good notation of daily events. Operations & Maintenance/Summary: This facility appears to be well operated and maintained. Effluent: The effluent appeared to be clear, indicating compliance with permit limits. Deficiencies: Immediate Corrective Action Is Necessary --- As stated in the two previous inspections, there is a serious safety hazard and legal liability that needs to be addressed immediately. There are four manhole covers missing from the influent and effluent ports. They are accessible J to the public and pose a serious threat of vandalism to the treatment plant, as well as, safety and liability issues. Please respond in writing, within 30 days of receipt of this letter, as to the measures taken to correct this deficiency. Failure to take sufficient and timely action will result in a Notice of Violation and possible civil penalties from the Division of Water Quality. Page# 2 Permit: NCO039187 Owner-Facility: Valley View Shopping Center inspection Date: 1 211 9/2 00 8 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n 0 n Is the facility as described in the permit? N n ❑ n #Are there any special conditions for the permit? n In n Is access to the plant site restricted to the general public? 0 n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? 00 n n Are surface aerators and mixers operational? n n ■ ❑ Are the diffusers operational? ■ ❑ ❑ n Is the foam the proper color for the treatment process? ■ n ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ n n n Is the DO level acceptable? ■ ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ® n ❑ n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ n Are weirs level? ■ n ❑ ❑ Is the site free of weir blockage? ■ n ❑ n Is the site free of evidence of short-circuiting? ■ n ❑ n Is scum removal adequate? ■ ❑ ❑ Cl Is the site free of excessive floating sludge? ■ Cl ❑ n Is the drive unit operational? ri ❑ ■ n Is the return rate acceptable(low turbulence)? ■ n Cl n Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) ■ Q n n Page# 3 Permit: NCO039187 Owner-Facility: Valley View Shopping Center Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? n n n Are the tablets the proper size and type? ® n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? 0n n Is the contact chamber free of growth, or sludge buildup? 0 ❑ n n Is there chlorine residual prior to de-chlorination? M n n n Comment: De-Chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? Q ❑ ® n Is storage appropriate for cylinders? 0 n ® 0 #Is de-chlorination substance stored away from chlorine containers? ® ❑ ❑ n Comment: Are the tablets the proper size and type? ■ ❑ Q Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 1 Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Q Q Q Does the facility analyze process control parameters, for ex:MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ 0 ❑ n Judge, and other that are applicable? Comment: Page# 4 1 FR Michael F. Easley, Governor William G. Ross Jr.,Secretary �G North Carolina Department of Environment and Natural Resources r Coleen H. Sullins, Director p Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 30, 2008 Mr. Wittner Wright Havon lnc. P.O. Box 1180 Candler, North Carolina 28715 SUBJECT: Compliance Evaluation Inspection Status: Compliant Pleasant Cove Home WWTP Permit No: N00075388 Buncombe County Dear Mr. Wright: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2008. The facility appeared to be in compliance with permit number NC0062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500, extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental Mgmt w/ attachment GAVVPDATA\DEMWQ\Buncombe\75388 Pleasant Cove-Havon\75388 CEI 2008.doc NorthCarolina Naturally 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax:(828)299-7043 Customer Service 1-877-623-6748 �\ j United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type inspector Fac Type 1 I NI 2 151 31 NCO075388 Ill 121 08/12/19 117 181 CI 191 SI 20I I Remarks 21111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 67 I 1.o 169 70I 3 I 71 I I 721 n,I 731 I 174 751 I I I I I I 180 Section B: Facility Data ICJ 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) 01:25 PM 08/12/19 05/12/01 Pleasant Cove Home WWTP NCSR 1220 At NCSR 1221 Exit Time/Date Permit Expiration Date Candler NC 28715 01:35 PM 08/12/19 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Wittner Wright,PO Box 1180 Candler NC 28715//828-670-8893/828670 894Nofed Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 0Operations&Maintenance ®Facility Site Review ®Effluent/Receiving Waters Section D: Summa of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Sign ure 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.) 3I NCO075388 I11 12� 08/12/19 17 18N Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on April 29, 2008 by Janet Cantwell. The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on-site and had good notation of daily events. Operations& Maintenance/Summary: This facility appears to be well operated and maintained. Effluent: The effluent appeared to be clear, indicating compliance with permit limits. r , Page# 2 Permit: NCO075388 Owner-Facility: Pleasant Cove Home WIMP ,ospection Date: 12/19/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? 00 N 0 Is the facility as described in the permit? 0 0 0 #Are there any special conditions for the permit? n N 0 n Is access to the plant site restricted to the general public? 0 013 Is the inspector granted access to all areas for inspection? n Q Ej Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual In b.Mechanical Are the bars adequately screening debris? ❑ ❑ Is the screen free of excessive debris? n Q Is disposal of screening in compliance? ❑ ❑ n Is the unit in good condition? 0000 Comment: Aeration Basins Yes No NA NE Ext.Air Mode of operation Type of aeration system Diffused Is the basin free of dead spots? ® ❑ C1 Cl Are surface aerators and mixers operational? ❑ n ® Q Are the diffusers operational? ❑ ❑ 0 Is the foam the proper color for the treatment process? ® ❑1 13 ❑ Does the foam cover less than 25%of the basin's surface? 0 ❑ 0 Is the DO level acceptable? ■ n Q ❑ Is the DO level acceptable?(1.0 to 3.0 mg/I) 00 0 Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® Q ❑ Q Is the site free of excessive buildup of solids in center well of circular clarifier? fl ® Q Are weirs level? ❑ 0 ❑ Page# 3 Permit: NCO075388 Owner-Facility: Pleasant Cove Home WWTP Inspection Dater 12/19/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of weir blockage? ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ❑ ❑ ❑ Is scum removal adequate? ❑ ❑ ❑ Is the site free of excessive floating sludge? ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ M ❑ 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) ■ Cl ❑ ❑ Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 3 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: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1_to_1.)? _ ❑ ❑ ■ ❑ Is storage appropriate for cylinders? ❑ ❑ ■ ❑ #Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ■ ❑ 130 Are tablet de-chlorinators operational? ■ ❑ ❑ ❑ Number of tubes in use? 1 Comment: The effluent is pumped about 3/4 of a mile to the receiving stream; therefore, less dechlorination tablets are needed. Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ /- Page# 4 Permit: NCO075388 Owner-Facility: Pleasant Cove Home VWVrP .aspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge n D 0 Judge, and other that are applicable? Comment: Page# 5 �\ j--.. �� _.....,. ✓�' FR Michael F. Easley, Governor William G. Ross Jr., Secretary QG North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director "I Division of Water Quality © ^C Asheville Regional Office SURFACE WATER PROTECTION SECTION December 30, 2008 Mr. Jim Schenker, Environmental Associate TA Operating Corporation 24601 Center Ridge Road, Suite 200 Westlake, Ohio 44145-5634 Subject: Compliance Evaluation Inspection Candler Travel Center WWTP Permit No. NCO085952 Buncombe County Dear Mr. Schenker: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2008. The facility appeared to be in compliance with permit number NC0062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500, extension 4662. Sincerely, CIL m 6 Wanda P. Frazier Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental Mgmt w/ attachment G:\WPDATA\DEMWQ\Buncombe\85952 Candler Travel Center\85952 CEI 2008.doc NorthCarolina Naturally 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748 ��\ \� ��_i United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 N 2 5 3 NCO085952 ill 129 S 20 I I I I (08/12/19 17 18 ClC, I II I_I Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LLLJ_Lj ILJ6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---------------------------Reserved---------------------- 671 1.0 169 70I 3 I 71 IU 721 NJ 73 t I (74 751 1 I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:00 PM 08/12/19 05/12/01 Candler Travel Center 153 Wiggins Rd Exit Time/Date Permit Expiration Date Candler NC 28715 02:10 PM 08/12/19 10/10/30 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 Kathleen Scheutzow,24601 Center Ridge Rd Ste Westlake OH Contacted 44145//828-665-1156/ No r Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Operations&Maintenance ®Facility Site Review ®Effluent/Receiving Waters Section D: Summa of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ -,7/ e 6- 3f Y e;� !VV/vvv Signature of Management O A Reviewer Agency/Office/Phone and Fax Numbers Date �R-�a 10v o� EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3� NCO085952 I11 12I 08/12/19 ' 17 18�_, Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Records& Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on December 11, 2007 by Janet Cantwell and Wanda Frazier. The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on-site and had good notation of daily events. Operations & Maintenance/Summary: This facility appears to be well operated and maintained. The tertiary filter will be put into service by the first of year(2009). Effluent: The effluent appeared to be clear, indicating compliance with permit limits. Page# 2 Permit: NCO085952 Owner-Facility: Candler Travel Center .nspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 n ® n Is the facility as described in the permit? 0 ❑ n #Are there any special conditions for the permit? [1 n 11 Is access to the plant site restricted to the general public? n n n. Is the inspector granted access to all areas for inspection? Cl n O Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? n n [l Is the screen free of excessive debris? n ❑ n Is disposal of screening in compliance? ® ❑ n Is the unit in good condition? ® ❑ n Comment: Aeration Basins Yes No NA NE Ext.Air Mode of operation Type of aeration system Diffused Is the basin free of dead spots? ® ❑ ❑ Are surface aerators and mixers operational? ❑ n ■ n Are the diffusers operational? n n ❑ Is the foam the proper color for the treatment process? Cl ❑ n Does the foam cover less than 25%of the basin's surface? ® ❑ n ❑ Is the DO level acceptable? n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ® 0 n ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® n n n - Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ! El Are weirs level? ■ n n ❑ Page# 3 Permit: NCO085952 Owner-Facility: Candler Travel Center Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of weir blockage? n n n Is the site free of evidence of short-circuiting? 00 n n Is scum removal adequate? n n n Is the site free of excessive floating sludge? ® ® n Is the drive unit operational? n Q 0 n Is the return rate acceptable(low turbulence)? n n In Is the overflow clear of excessive solids/pin floc? ® n n n Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) n n n Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ® n n ❑ Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ Cl ❑ n Is the contact chamber free of growth, or sludge buildup? ® n n n Is there chlorine residual prior to de-chlorination? ® n n n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? M 0 n n Is storage appropriate for cylinders? ❑ n ■ ❑ #Is de-chlorination substance stored away from chlorine containers? ■ ❑ n n Comment: Are the tablets the proper size and type? ® n Q n Are tablet de-chlorinators operational? ■ O 00 ,Number of tubes in use? 2 Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? M ❑ n n Page# 4 Permit: NCO085952 owner-Facility: Candler Travel Center fispection Date: 12/19/2008 inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge D n n Judge,and other that are applicable? Comment: Page# 5 Michael F. Easley, Governor William G. Ross Jr., Secretary �P North Carolina Department of Environment and Natural Resources LAXr— Coleen H. Sullins, Director .Lj Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 30, 2008 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2200 Northlake Parkway Suite 277 Tucker, Georgia 30084 SUBJECT: Compliance Evaluation Inspection Status: Compliant Days Inn West WWTP Permit No: NCO025933 Buncombe County Dear Ms. Harrell: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2008. The facility appeared to be in compliance with permit number NC0062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500, extension 4662. Sincerely, t 49° Wanda P. Frazier Environmental Specialist Enclosure cc: DWQ-SWP Asheville Files DWQ-SWP Central Files James & James Environmental Mgmt w/ attachment Ken Darkes, Area Manager w/ attachment G:\WPDATA\DEMWQ\Buncombe\25933 Days Inn West\25933 CEI 2008.doc North Carolina �GIE�IfCR��I,/ 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved: PA Washington,D.C.20460 OMB No.2040-0057 11�� Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES ydmo/day Inspection Type Inspector Fac Type 1 IN 1 2 151 31 NCO025933 111 121 08/12/19 117 181 CI 191 SI 20I I Remarks 2111111111111111111111111111111111111JIIIIIIIII116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------- 671 1.0 69 701 31 711 1 721 NI 73t1 I 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Days Inn West WWTP 02:15 PM 08/12/19 05/11/01 2551 Smokey Park Hwy Exit Time/Date Permit Expiration Date Candler NC 28715 02:25 PM 08/12/19 10/10/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Deborah Harrell,2551 Smokey Park Hwy Candler NC 28715//828-667-9321/No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ®Operations&Maintenance ®Facility Site Review ®Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessar (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ i Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 8-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 3I NCO025933 I11 12I 08/12/19 I17 18H Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on February 2, 2007 by Janet Cantwell. The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on-site and had good notation of daily events. Operations& Maintenance/Summary: This facility appears to be well operated and maintained. Effluent: The effluent appeared to be clear, indicating compliance with permit limits. Deficiencies: Immediate action is necessary---As mentioned in the previous inspection, the post that supports the gate and fence is broken, causing the fence and gate to fall over when unlocked. Please respond in writing, within 30 days, as to the corrective measures taken. This is a safety issue, as well as, an injury and legal liability issue. Failure to take corrective action in a timely manner may result in the issuance of a Notice of Violation and civil penalty from this Division. Page# 2 Permit: NCO025933 Owner-Facility: Days Inn West WWTP .spection Date: 12/19/2008 Inspection Type:Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ M ❑ Is the facility as described in the permit? E n ❑ ❑ #Are there any special conditions for the permit? ❑ m ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? ❑ ❑ ❑ Is the screen free of excessive debris? N ❑ ❑ ❑ Is disposal of screening in compliance? ❑ ❑ ❑ Is the unit in good condition? ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext.Air Type of aeration system Diffused Is the basin free of dead spots? ■ Cl ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ Cl Is the DO level acceptable? ■ ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ ❑ ❑ Page# 3 Permit: NCO025933 Owner-Facility: Days Inn West WWTP Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of weir blockage? 0 0 0 Is the site free of evidence of short-circuiting? D D E) Is scum removal adequate? 11 n El Is the site free of excessive floating sludge? 11 0 0 Is the drive unit operational? n Is the return rate acceptable(low turbulence).? 0 0 Ej Is the overflow clear of excessive solids/pin floc? M 0 D 0 Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) D ® 0 Comment: Disinfection-Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? M 0 0 0 (Sodium Hypochlorite)Is pump feed system operational? 0 0 D Is bulk storage tank containment area adequate?(free of leaks/open drains) 0 0 0 Is the level of chlorine residual acceptable? M n 0 D Is the contact chamber free of growth, or sludge buildup? ® ❑ Is there chlorine residual prior to de-chlorination? ® D n Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ 00 Is storage appropriate for cylinders? ❑ ❑ M Q #Is de-chlorination substance stored away from chlorine containers? 00 0 Comment: Are the tablets the proper size and type? ❑ ❑ 0 Are tablet de-chlorinators operational? ® ❑ ❑ Q Number of tubes in use? 1 Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ! Q ❑ Cl is Page# 4 Permit: NCO025933 Owner-Facility: Days Inn West WWTP ,nspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO,Sludge C1 D 0 Judge, and other that are applicable? Comment: Page# . 5 %�-, �� \'J J,. 9 Michael F.Easley,Governor QG' William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality December 30, 2008 DWQ Project# 08-1724 Jackson County Dorothy Davidson 3331 S.W. 53rd St. Hollywood FL 33312 Subject Property: Dorothy Davidson,Lot#37,38 Thorpe Lake(Glenville Lake) Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Davidson: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 750 square feet(0.017 acres) of open waters below normal pool lake level, and 450 square feet(0.010 acres)above normal pool lake level for the purpose of shoreline stabilization along 150 linear feet of shoreline at the subject property, as described within your application dated October 28, 2008 and received by the N.C. Division of Water Quality(DWQ)on November 19, 2008. After reviewing your application, we have decided that the impacts are covered by.General Water Quality Certification Number(s)3693 (GC3693). The Certification(s) allows you to use Regional Permit(s) 30 when issued by the US Army Corps of Engineers(USACE). In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control,Non-discharge, and Stormwater regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters 0.017 (acres) 750 sq.ft. below lake level Waters 0.010 (acres) 450 sq.ft.above lake level None rth Carolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 GAWPDATA\DEMWQ\Jackson\401 s\08-1724DavidsonAPPROVAL.doc An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Dorothy', Page December 30, Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 91.9-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director Enclosures: GC 3693 Certificate of Completion cc: 401/Wetland Unit USACE Asheville Regulatory Field Office DWQ Asheville Regional Office Central Files Duke Energy-Lake Services-Lisa Leatherman Martin Enterprises-Bob Martin PO Box 304 Glenville NC 28736 Michael F.Easley,Governor QG William G.Ross Jr.,Secretary PNorth Carolina Department of Environment and Natural Resources 'C Coleen H.Sullins,Director Division of Water Quality December 30, 2008 CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9678 Timothy (Frank) Skaggs 3087 Wilson Road Decatur, Georgia 30033 Subject: 401 Water Quality Certification - Request for More Information Timothy (Frank) Skaggs: Lot 22 DWQ Project# 08-1728 Graham County Response deadline: February 3, 2009 or 30 days from receipt Dear Mr. Skaggs: The Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification application submitted for the above referenced property. Additional information will be required in order to complete the review process. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Provide a project drawing utilizing the enclosed sketch template following the example provided. 2. Provide sufficient pictures of the site for staff to understand the existing conditions of the shoreline and to demonstrate the need for the fill, 3. Provide a discussion about possible alternative bank stabilization techniques involving materials such as vegetative planting and/or logs. Such an approach may result in a more effective, long-term solution, providing enhanced aquatic habitat and should be considered. 4. Describe what type of equipment will be utilized and how equipment and materials will reach the shoreline (e.g., barge or shore access). 5. Describe how the trout buffer (25 feet landward from the top of the bank) along the shore will be protected and restored if necessary. None rthCarolina Naturally North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 I-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Timothy(Frank)Skaggs December 30,2008 Page 2 of 2 Please provide a copy of the required information to both the 401 Permitting Unit at: Ms. Cyndi Karoly 401 Permitting Unit 1650 Mail Service Center Raleigh,NC 27699-1650 and to the Asheville Regional Office at: Chuck Cranford Surface Water Protection Section 2090 US HWY 70 Swannanoa,NC 28778 If you will not be able to provide the requested information by the deadline, but still wish to pursue the project, forward written notice that you intend to provide the requested information, along with a specific date for delivery. If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and we will consider the project withdrawn. This letter only addresses the preliminary application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Chuck Cranford at 828- 296-4664, if you have any questions. Sincerely, Roger C. Edwards Regional Office Supervisor Surface Water Protection Section cc: Cyndi Karoly, 401 Permitting Unit File copy G:\WPDATA\DEM WQ\Graham\40I s\Skaggs\08-1728_Add Info—12-29-08.doc �Q Michael F.Easley,Governor yWilliam G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources `I Coleen H.Sullins,Director Division of Water Quality December 30, 2008 Elizabeth Teague Planning Director Town of Black Mountain 106 Montreat Road Black Mountain, North Carolina 28721 Subject: 401 Water Quality Certification - Approval Black Mountain Greenway Trail DWQ Project# 08-1704 Buncombe County FRBO2 / Swannanoa River/6-78 /C/303D listed Dear Ms. Teague: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to impact 100 feet of stream for the purpose of constructing a greenway trail boardwalk; including, removal of an abandoned sanitary sewer line and stream channel improvements such as rubble removal and cross-vane installation. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Numbers 3705. This Certification allow you to use Nationwide Permits 18 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USAGE General Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and NPDES construction stormwater regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. North Carolina �atura!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper nuanva.w i�agu�. Page 2 of 2 December 30,2008 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) I Plan Location or Reference Stream 100 (feet) I Sheet C-101 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. ullins, Director CHS/cbc Enc: GC 3705 Certificate of Completion cc: J. P. Johns—McGill Associates USACE Asheville Regulatory Field Office Wildlife Resources Commission—David McHenry 401 Permitting Unit—Central Office File Copy Filename: G:\WPDATA\DEMWQ\Buncombe\401s\BIackMountainGreenway\08-1704_Approval_12-29-08.doe 1 JF WAr�'9 Michael F. Easley,Governor William G. Ross Jr., Secretary North Carolina Department',of Environment and Natural Resources Coleen H.Sullins, Director O Division of Water Quality Asheville Regional Office December 31, 2008 Ms. Karen Eisler Camp Judaea, Inc. 2700 NE Expressway C-500 Atlanta, Georgia 30345 Subject: Permit No. WQ0033707 Camp Judaea, Inc. Phase 1 Wastewater Collection System Extension Henderson County Dear Ms. Eisler: In accordance with your application received on December 17, 2008 we are forwarding herewith Permit No. WQ0033707, dated December 31, 2008, to Camp Judaea Inc. for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted- — e rF—b ua�ry 2,_T996 as applicable; n -the`Dlvisloff s Mlni'--i mum Design Cri—teria'-fb"h - Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 One NorthCarolina DENR Customer Service Center Telephone 1 800 623-7748 Naturally An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper Camp Judaea, Inc. December 31, 2008 Page 2 In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to Camp Judaea, Inc. to construct and operate approximately 1,300 linear feet of 8-inch diameter gravity sewer to serve Phase 1 and the discharge of the collected domestic wastewater into Camp Judaea's existing sewerage system, pursuant to the application received on December 17, 2008 and in conformity with 15A NCAC 2T.0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Camp Judaea Wastewater Treatment Facility (Permit No. NC0033430) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4500. Sincerely,P11, `� ..� for Co . Sullins, Director Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0033430) Edward R. Burke, PE Surface Water Protection Section Central Files PERCS Files G:\WPDATA\DEMWQ\Henderson\33430 Camp Judaea\WQ0033707-Camp Judaea-Phase 1.doc NORTH CAROLINA - ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CAMP JUDAEA, INC. PHASE 1 WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT W00033707 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times .to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump_ stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No WQ00337077, Camp Judaea, Inc., Phase 1, Henderson County, December 31 2008 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate. of , completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to -an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 Ao W00033707 Camp Judaea, Inc Phase 1 Henderson County. December 31 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 31st day of December, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033707 3 Permit No WQ0033707, Camp Judaea Inc Phase 1,Henderson County December 31 2008 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 1,300 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: One copy.of the project record drawings(plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ........................................................................ SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ..................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Jr W ATF Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources CO >_ Coleen H. Sullins, Director ® Division of Water Quality Asheville December 31, 2008 Mr. Rick Conard, Vice President of Operations The Biltmore Company 1 North Pack Square Asheville, North Carolina 28801 Subject: Permit No. WQ0033708 The Biltmore Company Biltmore Winery Village Wastewater Collection System Extension Buncombe County Dear Mr. Conard: In accordance with your application received on December 17, 2008 we are forwarding herewith Permit No. WQ0033708, dated December 31, 2008, to The Biltmore Company for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Roy Davis a copy of the contractor's Notice to Proceed for this project. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum.Design Criteria or t e ast- r—ack Permitting of Pump STations an -Force Mains-a opte�C—uJ-ne'I I --0 as app ica le, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 One An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper NorthCarolina The Biltmore Company December 31, 2008 Pag,, In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to The Biltmore Company to construct and operate approximately 1,259 linear feet of 8-inch diameter gravity sewer to serve the Biltmore Winery Village and the discharge of 9,881 gpd of additional domestic wastewater into the collection system belonging to the Metropolitan Sewerage District of Buncombe County pursuant to the application received on December 17, 2008 and in conformity with 15A NCAC 2T .0305; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Metropolitan Sewerage District of Buncombe County's (MSD) Wastewater Treatment Facility (Permit No. N00024911) prior to being discharged into the receiving stream. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes,and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Roy Davis at (828) 296-4659. Sincerely, for Colee H. Sullins, Director Division of Water Quality cc: Buncombe County Building Inspector ARO, Surface Water Protection(NC0024911) Gary D. Davis, PE Stan Boyd, MSD PERCS Files Surface Water Protection Section Central Files i G:\WPDATA\DEMWQ\Buncombe\MSD Collection System\WQ0033708-Biltmore Winery Village.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES THE BILTMORE COMPANY THE BILTMORE WINERY VILLAGE BUNCOMBE COUNTY WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT Wg0033708 This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system-sha Vbe iinspectee -evray (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 26 .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 Permit No WQ0033708, The Biltmore Company, Biltmore Winery village Buncombe Co December 31 2006. 4. This permit shall not be transferable. In-the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. ---_ 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water auality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 ,o W00033708, The Biltmore Comte, Biltmore Winery Village Buncombe Co.. December 31 2008 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of`a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. Permit issued this the 31 st day of December, 2008 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Nilins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0033708 3 Permit No W00033708,The Biltmore Company, Biltmore Winery Village Buncombe Co., December 31 200t> ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: 1,259 linear feet of 8-inch diameter gravity sewer Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ..................................................................................................... SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS ROGER C. EDWARDS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ..................................................................................................... The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. -' Michael F.Easley,Governor QG William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources -i p Coleen H.Sullins,Director Division of Water Quality December 31, 2008 Ms. Connie South Town of Cajah's Mountain 1800 Connelly Springs Road Lenoir,North Carolina 28645 Subject: 401 Water Quality Certification - Approval Fairway Acres Sanitary Sewer DWQ Project# 08-1377 Caldwell County CTB32/UT to Gunpowder Creek/ 11-55-(0.5)/C Dear Ms. South: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 0.06 acres of wetlands and 1-60 feet of streams for the purpose of constructing a sanitary sewer line at the subject property, as described within your application dated September 3, 2008, This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3699. This. Certification allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this.Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Stormwater regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: North Carolina North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper Connie South Page 2 of 2 December 31,2008 Amount Approved(Units) Plan Location or Reference Stream 160 (feet) 8 crossings 404 Wetlands 0.06 (acres) 255x10 permanent fill Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Linda Wiggs in the Asheville Regional Office at 828-296-4500. Sincerely, �!t Coleen H. Sullins, Director CHS/lsw Enc: GC 3699 Certificate of Completion cc: Clarence Lockamy Wooten Company 1430B Old Lenoir Rd N.W. Hickory,NC 28601 USACE Asheville Regulatory Field Office Permitting Unit-Central Office File Copy Filename: G:\WPDATA\DEMWQ\Caldwell\401s\08-1377 CajahMtn_Approval_12-30-08.doc