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HomeMy WebLinkAboutDWR SWP Read File ArchiveDec. 2011 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary December 19, 2011 Louis Gasperin 578 Tryphosa Rd Otto N.C. 28763 SUBJECT: Compliance Evaluation Inspection U.S. Hwy 441 @ Tryphosa Road Permit No: NCG551251 Macon County Dear Mr. Gasperin: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on December 6, 2011. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,NC 28778 � NorthCaro/f/ina Phone: (828)296-4500\FAX:828 299-7043\Customer Service: 1-877-623-6748 �gturQ[`�Internet:www.ncwaterguality.org NCG551251 CEI December 2011.docxS:\SWP\Clay\Wastewater\General\NCG55 SFR\NCG551251 CEI December 2011.docx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I51 31 NCG551251 I11 121 11/12/06 117 18ICI 19ISI 201 I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 CIA --------------------------Reserved---------------------- 67I 169 70(3( 71 IU 721 N I 73' I W 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) 11:00 AM 11/12/06 07/08/01 U.S.Hwy 441 @ Tryphosa Road US Hwy 441 Tryphosa Rd Exit Time/Date Permit Expiration Date Otto NC 28763 11:25 AM 11/12/06 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Officialfritle/Phone and Fax Number Contacted Louis Gasperin,578 Tryphosa Rd Otto NC 28763//828-369-7757/ No -! Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)9f Inspect ) Agency/Office/Phone and Fax Numbers Date Jeff MenzelIle ARO WQ//828-296-4500/ Signature of Management Q A Revieweh*/ 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 NCG551251 I11 12, 11/12/06 17 181 C� Section D: Summary of Finding/Comments(Attach additional)sheets of narrative and checklists as necessary) The facility appeared to be well maintained. There was no discharge at the time of inspection. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCG551251 Owner-Facility: U.S.Hwy 441 @ Tryphosa Road Inspection Date: 12/06/2011 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH,DO,Sludge ❑ ❑ ■ n Judge,and other that are applicable? Comment: Sand Filters(Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? ■ n n n Is the distribution box level and watertight? n n ❑ ■ Is sand filter free of ponding? ■ Is the sand filter effluent re-circulated at a valid ratio? ■ Q Q n #Is the sand filter surface free of algae or excessive vegetation? ■ n n ❑ #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ■ n n n Comment: Page# 3 F �, �� ��,_i �ir� .....,.4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 1, 2011 Ms. Deb Whitmore NC Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 Subject: NOTICE OF VIOLATION NOV-2011-LM-0059 Permit No. NCO040754 NC Outward Bound School WWTP Burke County Dear Ms. Whitmore: A review of NC Outward Bound School's WWTP monitoring report for April 2011 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 04/14/2011 400#/100ml 600#/100ml Daily Maximum Broth,44.5C Exceeded Parameter Date Measuring Frequency Violation pH 04/02/2011 Weekly Failure to Monitor Temperature, Water Deg. 04/02/2011 Weekly Failure to Monitor Centigrade Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the Fecal coliform violation, it is not requested that a response be submitted. However, if the above parameters for pH and Temperature were left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Chuck ranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ORC S:15WP\BLirke\Wastewater\Minors\NC Outward Bound 40754MV-2011-LM-0059.doc NorthCarolina Amura!!y North Carolina Division of Water Quality AV 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 �i`\1 I F_+T� \`_/ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary December 1, 2011 Mr. Lyn Hicks US Forest Service 160 Zillicoa Street Asheville,NC 28801 SUBJECT: Balsam Lake/Fields Dam Jackson County Response deadline: January 3,2012 ; Dear Mr. Hicks: On June 20, 2011, Susan A. Wilson from the Asheville Regional Office of the Division of Water Quality(DWQ) conducted a site inspection at Balsam Lake Dam in Jackson County. David McHenry from NC Wildlife Resources Commission was also present during the site inspection. At the time of inspection the lake was drained and a tributary had cut through the lake bed. The tributary banks were sloughing off and unstable. Large sediment deposits were noted below the dam into Wolf Creek, as Class WS-III, Trout, High Quality Water(HQW) stream in the Little Tennessee River Basin. Due to the topography and limited access, Ms. Wilson could not determine the length of potential sediment impact downstream. Ms. Wilson contacted Mr. Barry Jones of your office to discuss the situation and was informed about the USFS efforts to obtain funding to repair the dam. The DWQ understands that funding has been secured and that the USFS has submitted repair plans to the NC Division of Land Resources for approval. The DWQ does have concerns regarding the lack of notification after discovery of the problem that lead to the draining of the lake. In that regard, the DWQ would like to know the following: 1. How/when did the problem with the dam occur? When did the USFS have knowledge of the problem? 2. What was the source of the problem at the dam? 3. Why was the DWQ not notified of the problem and loss of sediment? 4. Did the USFS evaluate downstream of the dam to determine the length of sediment impact? SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�TOne Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877.623-6748 1�OrthCarolina Internet: www.ncwaterquaiveActi An Equal Opportunity 1 Affirmative Action Employer Mr.Hicks December 1,2011 Page 2 of 2 5. Are there access points below the dam where sediment could be removed? 6. After the lake was drained, why didn't the USFS stabilize the exposed area of the lake and/or take measures to prevent further sediment loss? 7. What is the estimated time frame for repair of the dam? 8. Please state what procedures are in place to ensure that the DWQ, as well as the resource agencies (NC Wildlife Resources, US F &WS), are notified should a problem of this nature occur at this USFS lake or another. A list of the state's Regional Office and phone numbers are attached to this letter. Under normal conditions for draining of lakes/repair of dams, DWQ works closely with lake owners to ensure a minimal loss of sediment during draining and repair(and would do so with the Forest Service if assistance is needed). Thank you for your attention to this matter. Please be aware that in-stream sediment constitutes a water quality violation of 15A NCAC 02B .0211(3)(f)—Stream Standard Violation—Other Waste. At this time,the DWQ has chosen not to send a Notice of Violation to the USFS, but to work cooperatively to ensure that these problems do not occur in the future. Should you have any questions regarding these matters,please contact me or Ms. Wilson at(828) 296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office Enc: DWQ Regional Office list cc: ARO File Copy Division of Land Resources, Laura Herbert(e-copy) Division of Land Resources, Steve McEvoy (e-copy) NC WRC, Dave McHenry (e-copy) S:\SWPUackson\Complaints\Balsam Lake 6 20 201 I\LTR.USFS.Balsam Lake.11 201 Ldoc 4`•'� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality 9everly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 1, 2011 Grant and Linda Smith 8435 Lismore St. Clemmons,NC 27012 Subject: 401 Water Quality Certification -Approval Smith Lot 96 DWQ Project# 11-0980 Burke County CTB /Lake James/ l l-(23)/WS-V, B Dear Mr. and Mrs. Smith: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. _pproval has been granted to place fill within or otherwise impact 244 linear feet of open waters for the purpose of shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Catawba Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:828-2964500V FAX:828-299-7043 t Customer Service:1-877-623-6748 One Internet:www.ncwaterquality.org NorthCarolina ;Vaturallty An Equal Opportunity 1 Affirmative Action Employer Grant and Linda Smith December 1,2011 Page 2 of 2 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Waters below normal 0.005 (acres) Application#7 pool level Waters above normal 0.005 (acres) Application 48.a. pool level Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699- 6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at 828-296-4500. Sincerely, f` Coleen H. Sullins, Director CHS11sw Enc: GC3693 Certificate of Completion cc: USACE Asheville Regulatory Field Office Duke Energy-Wade Harmon Burke County Planning-Pete Minter 401 Permitting Unit—Central Office File Copy Carissa Parker(e-copy) S:\SWP\Burke\401sWon-DO'nSmith,Lot 96\smith.Approva1.Nov201Ldoc AJ5A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 2, 2011 John Moore, Owner 115 Lost Cove Drive Lake Lure, N.C. 28746 Subject: Permit No. WQ0035662 John Moore John Moore Force Main Wastewater Collection System Extension Rutherford County Dear Mr. Moore: In accordance with your application received October 18, 2011, and additional information received on November 28, 2011, we are forwarding herewith Permit No. WQ0035662, dated December 2, 2011, to John Moore for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center" Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper John Moore December 2, 2011 Page 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 John Moore for the construction and operation of approximately 500 linear feet of 4-inch (DIP)force main sewer; a 80—gallon per minute pump station, on-site audible and visual high water alarms, and a on-site generator with automatic transfer switch; to serve 4-bedrooms, as part of the `John Moore Force Main' project, and the discharge of 480 gallons per day of collected domestic wastewater into the Town of Lake Lure's existing sewerage system, pursuant to the application received October 18, 2011 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected'by this system shall be treated in the Town of Lake Lure Wastewater Treatment Facility (Permit No. NC0025984) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon.written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning,this matter, please contact Don Price at (828) 296- 4500. Sincerely, for Coleerf H. Sullins, erector Division of Water Quality cc: Rutherford County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025984) David W. Odom, P.E./Odom Engineering, PLLC WWTP OWNER—Town of Lake Lure Surface Water Protection Section Central Files PERCS Files S:\SWP\Rutherford\Collection Systems\Lake Lure Collection System\W00035662 John Moore 12 2 201 1 doc '" NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the -% operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A,NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to.a telemetry system shall be inspected every day (i.e. 365 days per: year). Pump stations that. are., connected to a telemetry system shall be inspected at least once per week. , e. High-priority sewer lines shall be inspected'at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 PERMIT NO W00035662 John Moore, John Moore FM r�o'ect Rutherford County December 2 2011 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 1 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 27699-1.617. 7. A copy of the construction record drawings shalLbe 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 NCGd10000, 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 cRMIT NO W00035662 John Moore, John Moore FM project, Rutherford County December 2 2011 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 2"d day of December, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alf for Coleen H. ullins, DirecItaf Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035662 3 PERMIT NO W00035662 John Moore, John Moore FM project, Rutherford County December 2 201 i ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: , permission is hereby granted to John Moore for the construction and operation of approximately 500 linear feet of 4-inch (DIP) force main sewer; a 80—gallon per minute pump station, on-site audible and visual high water alarms, and a on-site generator with automatic transfer switch; to serve 4-bedrooms, as part of the 'John Moore Force Main' project Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings(plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s)or storage greater than longest past three year-outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. 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. 17 �Aft J WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 2, 2011 Montgomery McCraw, Owner 475 Worlds Edge Road Hendersonville, N.C. 28792 Subject: Permit No. WQ0035661 Montgomery McCraw 'Town of Lake Lure' Wastewater Collection System Extension Rutherford County Dear Mr. McCraw: In accordance with your application received October 18, 2011, and additional information received on November 28, 2011, we are forwarding;herewith Permit No. WQ0035661, dated December 2, 2011, to Montgomery McCraw for the construction and,operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is incorporated therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular, attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. (Also note Permit Condition 12 regarding ownership and operation of Pump Station PS-01, a part of the subject wastewater collection system.) Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778,�,� Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper - ..-.................. .. . Montgomery McCraw December 2, 2011 Page 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 Montgomery McCraw for the construction and operation of approximately 115 linear feet of 2-inch force main sewer; a 80—gallon per minute pump station, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry to serve a 6-bedroom facility as part of the 'Town of Lake Lure' project, and the discharge of 720 gallons per day of collected domestic wastewater into the Town of Lake Lure's existing sewerage system, pursuant to the application received October 18,2011 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;'the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Lake Lure's Wastewater Treatment Facility (Permit No. NC0025984) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to.§143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office pf Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands:,are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Rutherford County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025984) David W. Odom, P.E./Odom &Associates Engineering, Inc. Town of Lake Lure WWTP Surface Water Protection Section Central Files PERCS Files SASWRRutherford\Collection Systems\Lake Lure Collection System\W00035661 Montgomery McCraw 12 2 2011 doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the 4_ 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 W00035661, Montgomery McCraw, 'Town of Lake Lure', Rutherford County December 2 201.1 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 r� 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 maybe 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 ` 1 Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 .-ERMIT NO.W00035661, Montgomery McCraw, `Town of Lake Lure', Rutherford County December 2. 2011 a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as, mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line,resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. Please note Pump Station PS-01 is a part of collection system, and as such is the sole responsibility of the permit holder. Permit issued this the 2nd day of December, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1 % for Coleen H�_ ullins, Direcjdr Division of Water Quality_' By Authority of the Environmental Management Commission Permit Number WQ0035661 3 PERMIT NO. W00035661. Montgomery McCraw, 'Town of Lake Lure' Rutherford County December 2. 2011 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to Montgomery McCraw for the construction and operation of approximately 115 linear feet of 2-inch force main sewer; a 80—gallon per minute pump station, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry to serve a 6- bedroom facility as part of the 'Town of Lake Lure' project, and the discharge of 720 gallons per day of collected domestic wastewater into the Town of Lake Lure's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profiler 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. AZ4iftA�. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary December 5, 2011 Frank D Hutto 1736 Hemphill Rd Waynesville NC 28786 SUBJECT: Compliance Evaluation Inspection 1736 Hemphill Road Permit No: NCG550292 Haywood County Dear Mr. Hutto: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on November 17, 2011. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa,NC 28778 One NorthCaro Phone: (828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748 /l/ina Internet:www.ncwaterauality.oro S:\SWP\Haywood\Wastewater\General\NCG55 SFR\NCG550292 CEI 2011.docx Naturally United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 I js 31 NCG550292 111 121 11/11/17 117 18l r 1 191 c 1 201L— ' I Remarks -J 211111IIII Jill IIII Jill IIIIIIIIIIIIIIIIIIIII1111116 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---------------------------Reserved--------------------- 67 I 169 70 U 3) . 71 IU 72 L N I 73 I 'w 174 751 I I I I I I 180 t--t 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) 01:00 PM 11/11/17 07/08/06 1736 Hemphill Road 1736 Hemphill Rd Exit Time/Date Permit Expiration Date Waynesville NC 28786 02:00 PM 11/11/17 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data 111 Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Frank D Hutto,1736 Hemphill Rd Waynesville NC 28786/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 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 I ector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ r�62 ;r Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NCG550292 111 12, 11/11/17 17 18f ic Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The owner should take measures to mark the outfall for easy identification. This inspection was done at the request of the Haywood County building inspector. Based on the information provided by Mr. Hutto, the new building would not have an adverse impact on the treatment system. No violations of permit requirements or applicable regulations were observed during this inspection. Page# 2 Permit: NCG550292 Owner-Facility: 1736 Hemphill Road Inspection Date: 11/17/2011 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 00011 Are the receiving water free of foam other than trace amounts and other debris? 0 Q If effluent (diffuser pipes are required) are they operating properly?. M Q ❑ 0 Comment: The owner should take measures to mark the outfall for easy identification. Page# 3 �'�\� 1 MA T 4 r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 6, 2011 Mr. Brad Bishop, Facilities Engineer Stanley Furniture Company PO Box 30 Stanleytown,VA 24168 SUBJECT: NPDES Stormwater Permit Compliance Inspection Stanley Furniture Co. - Robbinsville;' Permit No: NCG180053 Graham County Dear Mr. Bishop: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on November 21, 2011 by Jeff Menzel and myself, of the Surface Water Protection Section, Asheville Regional Office. We appreciated the assistance of Mr. Dicky Webster during the site visit. The facility was found to be in compliance with permit NCG180053. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference. Please contact me at(828)296-4665 or Susan.A.Wilson(c�r�,ncdenr.gov, if I can be of any further assistance. Sincerely, "Susan A. Wilson Environmental Engineer Surface Water Protection Enclosure -Inspection cc: Central Files Asheville Files S:\SWP\Graham\Stormwater\NCG18 Furniture Manufacture\Stanley Furniture\LTR.Stanley Insp.12 2011.doc Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 NOrthCar011na Internet:www.ncwaterquality.org Nah(rall'yAn Equal Opportunity\Affirmative Action Employer �� ���� T-\ �/ Compliance Inspection Report Permit: NCG180053 Effective: 09/01/09 Expiration: 08/31/14 Owner: Stanley Furniture Company SOC: Effective: Expiration: Facility: Stanley Furniture Co-Robbinsville County: Graham 68 Snowbird Rd Region: Asheville Robbinsville NC 28771 Contact Person: Title: Phone: 276-627-2000 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 11/21/2011 Entry Time: 11:00 AM Exit Time: 12:20 PM Primary Inspector: Susan A Wilson Phone: 828-294-4500 Secondary Inspector(s): Jeff Menzel Phone: Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Furniture and Fixtures Stormwater Discharge COC Facility Status: ■ Compliant Q Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 Permit: NCG180053 Owner-Facility: Stanley Furniture Company Inspection Date: 11/21/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Susan Wilson and Jeff Menzel, Surface Water Section-Asheville Regional Office, met Mr. Dicky Webster at Stanley Furniture Co. on November 21,2011 to conduct a stormwater inspection at the site in Graham County. Stanley Furniture manufactures,finishes, and packages furniture to ship worldwide. The site is fairly flat(orignally built by another industry several decades ago)-likely wetlands/streams that were previously present have been previously filled/re-routed (and serve as stormwater conveyances). Stormwater records were well kept. Monitoring was being performed as required. Stormwater discharge outfall (SDO)01 runs across the front(east side)of the property and receives runoff from activities at the front of the plant and flows north. SDO 02 captures stormwater from the left side of the plant(south)and back of the plant(west)and flows through captured drop inlets to a stormwater detention basin and ultimately to Long Creek. Stanley Furniture should continue to perform qualitative monitoring and inspection on these outfalls. SDO 03 only results from a continual minor discharge from the recirculating pumps associated with fire storage water. There is no stormwater associated with this outfall (that is associated with the industrial process). This small discharge flows out the back(east)side of the property and never reaches Long creek(Long Creek is at least 200 ft from the origination of this outfall near the water storage tanks). Stanley Furniture may discontinue stormwater monitoring of this discharge if they wish. No adverse water quality impacted was noted from the outfalls(SDO 02 has some flow; SDO 01 had no flow). Approximately 114-1/2 inch of rain had fallen the night prior to the inspection. Page: 2 Permit: NCG180053 Owner-Facility: Stanley Furniture Company Inspection Date: 11/21/2011 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? ■ ❑ ❑ n #Does the Plan include a General Location(LISGS)map? ■ ❑ ❑ ❑ #Does the Plan include a"Narrative Description of Practices"? ■ ❑ ❑ ❑ #Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ #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? ■ ❑ ❑ ❑ #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)? ■ ❑ 0 ❑ #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: The SWPPP was well written and in good order. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually?, ■ ❑ ❑ ❑ Comment: Mr. Webster performs the qualitative monitoring 2/year. Mr. Bishop performs the facility inspections 2/year. 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: Vehicle maintenance is performed indoors with no direct pathway to a stormwater conveyance. 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? ❑ ❑ ■ ❑ Page: 3 Permit: NCG180053 Owner-Facility: Stanley Furniture Company Inspection Date: 11/21/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine #Has the facility evaluated all illicit(non stormwater)discharges? ❑ n 0 � Comment: The furniture manufacturing is essentially a dry business. No floor drains are connected to the SW system (and no source of industrial wastewater discharge was observed during the inspection). All outfalls (SDO 01, 02, and 03)were observed. i' Page: 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION December 6, 2011 Mr. James Rebhan, Developer Elk River Heights 4202 Gosford Place Charlotte, NC 28277 Subject: Permit No. WQ0035605 Elk River Heights Wastewater Collection System Extension Avery County Dear Mr. Rebhan: In accordance with your application received September 22, 2011, and additional information received on October 3, 2011 and December 1, 2011, we are forwarding herewith Permit No. WQ0035605, dated December 5, 2011, to Elk River Heights for the construction and operation of the subject wastewater collection system extension: Please submit a copy of the 'Notice-to-Proceed' issued to the contractor to Wanda Frazier, upon its issuance. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0300 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. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location:2090 U.S. Highway 70,Swannanoa, NC 28778 Phone: (828)296-4500 FAX: 828-299-7043 Customer Service: 1-877-623-6748 Internet:www.newaterguality.org One NorthCarolina Nawally Mr.James Rebhan November 2, 2011 Page 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 Elk River Heights for the construction and operation of approximately 788 linear feet of 6- inch gravity sewer to serve eight three-bedroom residences as part of the Elk River Heights project, and the discharge of 2,880 gallons per day of collected domestic wastewater into the Town of Banner Elk's existing sewerage system, pursuant to the application received September 22, 2011, and additional information received on October 3, 2011 and December 1', 2011 and in conformity with 15A NCAC 2T ; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Banner Elk's Wastewater Treatment Facility (Permit No. NC0032115) prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between Elk River Heights and the Town of Banner Elk for the collection and final treatment of wastewater is in full force and effect. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. ' If you need additional information concerning t�,.is matter, please contact Wanda Frazier at (828) 296-4662. Sincerely, for Coleen H. Sullins, Director Division of Water Quality cc: Avery County Health Department Asheville Regional Office, Surface Water Protection —Town of Banner Elk WWTP NCO032115 David Poore, PE; West Consultants, PLLC; 405 South Sterling Street; Morganton NC 28665 Town of Banner Elk WWTP Water Quality Central Files PERCS Files SASWP\Avery\Collection Systems\Banner Elk Collection System\WQ0035605 Elk River Heights 12 6 11 4th revision doc _.! NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in s 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 W0003sFn.9 Mr James RPhhan Fik Ri ipr Hp' hts Avery C minty np-rpmhPr(3, 2011 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 ,armit Nn W00035605 Mr .lames Rehhan Elk River Heights Avery Cminty Dec:emher 6, 2011 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 lihe'resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Voice mail messages or faxed information is permissible but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 12. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case by case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification.. Permit issued this the 6" DAY OF DECEMBER, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 417 for Coleen H. Sul ' s, Director Division of W Quality By Authority of the Environmental Management Commission Permit Number WQ0036606 3 Permit Nn WOnn15Sn'i Mr lame. Rehhjqn Elk River Nt-mghts Avery Gnirnty Deremher R. 9n1 i ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to Elk River Heights for the construction and operation of approximately 788 linear feet of 6-inch gravity sewer to serve eight three-bedroom residences as part of the Elk River Heights project,and the discharge of 2,880 gallons per day of collected domestic wastewater into the Town of Banner Elk's existing sewerage system, pursuant to the application received September 22,2011,and additional information received on October 3, 2011 and December 1,2011 and in conformity with 15A NCAC 2T Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan &profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final as a duly registered Professional Engineer in the State of North Carolina, havingbeen authorized to observe ❑ periodically, ( y ❑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 214'.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 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. Air, A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 7, 2011 Mr. G. Cecil Clark, PE Clark&Associates, Inc. P.O. Box 2945 Hickory,North Carolina 28603 Subject: Fast-Track Application Return Stonecraft Phase III Sewer Project City of Lenoir Caldwell County Dear Mr. Clark: Attached herewith is the Fast-Track Sewer Application which you submitted seeking permission to install 960 LF of 8"gravity sewer to serve the Stonecraft Phase III project. The application is being returned for the following reason(s): (1) The Application `did not' include an 8.5 inch by 11 inch COLOR USGS Topo map, as checked and required by the application. I look forward to receiving a completed application. Should you have questions or need additional information,please contact me at 828/296-4500. Sincerely,' Donald R. Price, CET WWTP Consultant Cc: Radford L. Thomas, City of Lenoir, Utility Director SAMPTaldwell\Collection SvstemsTenoir Collection SystemWppGcation Return Stonecraft Phase 3 Sewer proiect.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-29645001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality,org Nat'/urallty An Equal Opportunity 1 Affirmative Action Employer RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 7, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8127 Mr. Joseph M. Moore, II, PE City of Brevard 95 West Main Street Brevard, North Carolina 28712 ,r Subject: NOTICE OF VIOLATION / NOTICE,..OF INTENT TO ENFORCE NOV-2011-DV-0285 Permit No. WQCS00084 City of Brevard Brevard Collection System Transylvania County Dear Mr. Moore: A review has been conducted of Brevard Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the City of Brevard. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00084 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below: Area Violation Description Violation Type Date CSO/SSO (Sewer 11/28/2011 Sanitary Sewer Discharge Overflow) Overflow Without Valid NOV-201 1-DV-0285 219,185 Gallons Total Permit Incident# 201102431 (161,685 Gallons to Singing Branch) Remedial actions should be taken to correct this problem. The Division of Water Quality is considering pursuing enforcement action for this violation. One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 yFr'n NorthCarohna Phone:828-29645001 FAX:828-299-7043\Customer Service:1-877- -6748 Internet: www.ncwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer Mr. Joseph M. Moore December 7, 2011 Page Two You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt of this letter. If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, /f Chuck Cranford, Supervis� Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit SASWPUransylvania\Collection SysternsOrevard Collection System\NOV-NOI-201 1-DV-0285.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Director Secretary December 7,2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7010 1870 0003 0874 8196 Mr. Radford L. Thomas, Director, Public Utilities City of Lenoir P.O. Box 958 Lenoir,North Carolina 28645-0958 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(1) and Collection System Permit WQCS00035 City of Lenoir Lenoir Collection System Case No. DV-2011-0041 Caldwell County Dear Mr. Thomas: This letter transmits an assessment of civil penalty in the amount of$1,137.00 ($1,000.00 civil penalty+ $137.00 enforcement costs) against the City of Lenoir. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (Incident#201102249 for 10/26/2011) (SSO) 5-Day Report submitted by the City of Lenoir. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00035 and G.S. 143-215.1(a)(1). The violation that occurred is summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the terms, conditions or requirements of Collection System Permit WQCS00035 and G.S. 143 215.1(a)(1)in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against the City of Lenoir. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org z�� An Equal Opportunity 1 Affirmative Action Employer $1,000.00 1 of the I violations of G.S. 143-215.1(a)(1)and Collection System Permit No. WQCS00035; by discharging wastewater into the waters of the State without a valid permit. $1,000.00 TOTAL CIVIL PENALTY $137.00 ENFORCEMENT COST $1,137.00 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: Pretreatment Emergency Response and-Collection Systems Unit - -- - - -- - - Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a i. .1ation and agreement that no factual or legal issues are in dispute. Please prepare a detailed ,atement 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 whether payment of the civil penalty will prevent,payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,.North Carolina 27699-1617 AND Chuck Cranford, DWQ Regional Supervisor 2090 US Highway 70 Swannanoa,North Carolina 28778 - OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you A4sh te coentest any statement in the aRaehed assessment document you must file a petition or an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. _You.must fi-le_the_petition-with the-Office of Administrative-Hearings-withinthirty(30) - days of receipt of this notice. A petition is,considered filed when it is received in the Office of a n�nisttive Heariirg during normal-office hours. T-he accepts-filings-Mond y thro gh Fgiday-betweell the-how-s of 2. 1) a m. and 5.0p.rn-.,-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 Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Please indicate the case number(as found on page one of this letter)on the petition. Failure to exercise one of the options above within Thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, - —�rtr-.t--u+g---zn-A Add-, -nxo-1-pence t :-=T-F��mt�i-aye. any_quesi io.•..�s=aboli - -- -- _ - ____ - - -penalty; ' please contact Janet Cantwell of the Water Quality Section staff of the Asheville Regional Office at 828-296-4500. Date - - - __ __ -__---Chuc -Craniard-, Supervisor Division of Water Quality Asheville Region ATTACHMENTS cc: Regional Supervisor w/attachments eential Files w/attachments Public Information Officer . -----PERCS-Unit Enforcement-File-w/attachments �'r .E OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS THE CITY OF LENOIR/ LENOIR ) COLLECTION SYSTEM ) PERMIT NO. WQCS00035 ) FILE NO. DV-2011-0041 Having been assessed civil penalties totaling $ '1 137.00'for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 7, 2011,the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2011-0041 County: CALDWELL Assessed Party: CITY OF LENOIR Permit No. : WQCS00035 Amount Assessed: $1,137.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: E a a ° ca O °c ~ 3 o rn t > m H U Q N Z O 0 z ui O W ga " 0G o d 3 R L) >- H z m O V 0 0 Q L r •� O � J p QU z w Q U a Vl v C O V z d C•1 � � L V = O W V Q J 3 o J p LL a � 0 Q 'o U) Lf) U M O � O -- ---- a �---c --►- 0 d a o a w q r ��_ -� `'� , - A4 jfA� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.,Sullins Dee Freeman Governor Director Secretary December 8, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7892 Mr. Radford L. Thomas, Director, Public Utilities City of Lenoir P.O. Box 958 Lenoir,North Carolina 28645-0958 Subject: NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE NOV-201 1-DV-0287 Permit No. WQCS00035 City of Lenoir Lenoir Collection System Caldwell County Dear Mr. Thomas: A review has been conducted of Lenoir Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by the City of Lenoir. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00035 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below. Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 11/04/2011 Sanitary Sewer Overflow Discharge NOV-201 1-DV-0287 280 Gallons Total Without Valid Permit Incident# 201102297 280 Gallons to Tributary to Spainhour Creek Remedial actions should be taken to correct this problem. The Division of Water Quality is considering pursuing enforcement action for this violation. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations and respond in writing to this office within 10 days of receipt One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl't�1Ca.I'Ohria Phone:828-296-45001 FAX:828-299-7043 1 Customer Service:1-877-623-6748 Natzmally Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Mr. Radford L. Thomas December 8, 2011 Page Two of this letter. If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Richard D. Williams/ORC S:\SWP\Caldwell\Collection Systerns1enoir Collection System\NOV-NU-2011-DV-0287.doc i RMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary December 8, 2011 Mr. Bruce Briggs Junaluska Sanitary District P.O. Box 35 Lake Junaluska, North Carolina 28745-0035 Subject: NOTICE OF VIOLATION NOV-201 1-DV-0286 Permit No. WQCS00182 Junaluska Sanitary District Junaluska Collection System Haywood County Dear Mr. Briggs: A review has been conducted of Junaluska Collection System's self reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by:Junaluska Sanitary District. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCS00182 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized below: Area Violation Date Description Violation Type CSO/SSO (Sewer Overflow) 11/03/2011 Sanitary Sewer Overflow Discharge NOV-201 1-DV-0286 564 Gallons Total Without Valid Permit Incident# 201102288 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. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. Please respond in writing to this office within 10 days of SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE a One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296450M FAX:828-299-70431 Customer Service:1-877-623-6748 a'����N�//� Internet: www.ncwaterquality.org ��/ ` " An Equal Opportunity 1 Affirmative Action Employer Mr. Bruce Briggs December 8, 2011 Page Two receipt of this letter with specific details of the location of the SSO the cause of the SSO and how to prevent this from occurring in the future If you should have any questions, please do not hesitate to contact Asheville Regional Staff or Janet Cantwell at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Region Cc: DWQ Asheville Files DWQ Central Files PERCS Unit Charles Wright/District Manager S:\SWP\Haywood\Collection Systemsuunaluska Sanitary District Collection System\NOV-2011-DV-0286.doc Aja NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 13, 2011 Mayor Danny McIntosh Town of Burnsville P.O. Box 97 Burnsville, North Carolina 28714-0097 Subject: NOTICE OF VIOLATION NOV-2011-MV-0194 Permit No. NCO020290 Burnsville WWTP Yancey County Dear Honorable McIntosh: A review of Burnsville WWTP's monitoring report for June 2011 showed the following violation: Parameter Date Measuring Frequency Violation Lead, Total (as Pb) 06/18/2011 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, Chuck Crford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files Water Quality Lab & Operations/ORC One S:1SWP1YanceylWastewater\Municipal\Burnsville WWTP 202901NOV-2011-MV-0194.doc NorthCarolina Naturally North Carolina Division of Water Quality ,"2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director. Secretary December 13, 2011 Mr. Chuck Summey Town of Forest City P.O. Box 728 Forest City, North Carolina 28043-0728 Subject: NOTICE OF VIOLATION NOV-2011-MV-0196 Permit No. NCO025984 Forest City WWTP Rutherford County Dear Mr. Summey: A review of Forest City WWTP's monitoring report foe June 2011 showed the following violations: Parameter Date Measuring Violation Frequency Coliform, Fecal MF, M-FC Week Ending 5 X/Week Failure to Monitor Broth,44.5C 06/04/2011 Solids, Total Suspended - Week Ending 5 X/Week Failure to Monitor Concentration 06/04/2011 BOD—Conc. Week Ending 5 X/Week Failure to Monitor 06/04/2011 Chlorine, Total Residual Week Ending 5 X/Week Failure to Monitor 06/04/2011 pH Week Ending 5 X/Week Failure to Monitor 06/04/2011 Temperature Week Ending 5 X/Week Failure to Monitor 06/04/2011 DO Week Ending 5 X/Week Failure to Monitor 06/04/2011 If the above parameters were left off inadvertently,please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions,please do not hesitate to contact Janet Cantwell at 828/2964500. Sincerely, f Chuck Cr/ford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S\SWP\Rutherford\Wastewater\Municipal\Forest City WWTP 25984\NCV-2011-MV-0196.doc NOne orthCarolina N17A 194 North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newatercluality.org FAX (828)299-7043 1-877-623-6748 �_iJ �inl�� a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 13, 2011 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2011-MV-01 96 Permit No. NCO066796 Leicester Elementary School WWTP Buncombe County Dear Mr. Hall: A review of Leicester Elementary School's WWTP monitoring report for June 2011 showed the following violation: Parameter Date Measuring Violation Frequency Chlorine, Total Residual Week Ending 2 X/Week Failure to Monitor - 06/04/2011 It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in fact it should have been marked "Non-Compliant"with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4600. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files RPB Systems/ORC S:1aU1/PIE uneombelWastewatertMinarslt_eicester Elementary 667g6tNOV-2�J11-MV-0195:doc NoAhCarolina Naturu!!y North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 /' -, i wrr�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 13, 2011 Jonathan Kanipe, Town Manager Town of Columbus 95 Walker Street Columbus,N.C. 28722 Subject: Permit No. WQ0035674 Town of Columbus Columbus Marketing Wastewater Collection System Extension Polk County Dear Mr. Kanipe: In accordance with your application received December 1, 2011, we are forwarding herewith Permit No. WQ0035674, dated December 13, 2011, to the Town of Columbus for the construction and -- " operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of,this permit and is incorporated therein by reference. Please send Don Price a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa, NC 28776f, 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 Columbus December 13, 2011 Page 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 Columbus for the construction and operation of approximately 230 linear feet of 8-inch gravity sewer; to serve Columbus Market center with 10 employees, as part of the Columbus Marketing project, and the discharge of 250 gallons per day of collected domestic wastewater into the Town of Columbus's existing sewerage system, pursuant to the application received December 1, 2011 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Columbus Wastewater Treatment Facility (Permit No. NC0021'369) 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 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made,this permit shall be final and binding. If you need additional information concerning this matter, please contact Don Price at (828) 296- 4500. Sincer ly, for Cole e Sullins, Dire or Division of Water Quality cc: Polk County Building Inspector ARO, Surface Water Protection (WWTF Permit"No. NC0021369) David Odom,P.E./Odom &Associates Engineering, Inc. Surface Water Protection Section Central Files PERCS Files S:\SWP\Polk\Collection Systems\Columbus Collection System\WQ0035674 Columbus Marketing 12 12 11 doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. r 1 PERMIT NO W00035674, Town of Columbus, Columbus Marketing, Polk County December 13 201 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 RMIT NO W00035674 Town of Columbus, Columbus Marketing, Polk County December 13, 2011 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 13th Day of December, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. SVIins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035674 3 PERMIT NO W00035674 Town of Columbus Columbus Marketing. Polk County December 13 201 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the Town of Columbus for the construction and operation of approximately 230 linear feet of 8-inch gravity sewer; to serve Columbus Market center with 10 employees, as part of the Columbus Marketing project, and the discharge of 250 gallons per day of collected domestic wastewater into the Town of Columbus's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations(selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having _- been authorized to observe (❑ periodically, ❑weekly, ❑ full time) the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ............................................................................................ SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS CHUCK CRANFORD SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ...............: The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow j 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. RCDENR North Carolina Department of Environment and Natural Resources Division of Water.Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary December 13, 2011 Mike Vencill and Scott Fortner Andrew Bradley Unimin Corporation Unimin Corporation 107 Harris Mining Co Rd Hwy 19E 258 Elm St. Spruce Pine NC 28777 New Canaan, CT 06840 SUBJECT: Sediment Removal Plan Approval Unimin Corporation Schoolhouse Quartz Permit No: NCGO2O795 Avery County Dear Messrs.: The Division of Water Quality (DWQ) received correspondence from Clearwater Environmental Consultants dated November 30, 2011, in response to the inspection letter dated October 18, 2011. The consultant's correspondence responded in part to the DWQ inspection letter and proposed a plan for the removal of sediment from an Unnanmed Tributary to Brushy Creek. Management practices implemented by Unimin to reduce further sediment impacts and turbid waters to this tributary were also noted in the correspondence. The sediment plan proposes to remove sediment manually along the lower(below haul road) 1,000 linear feet of the tributary. The upper (above haul road) 1,000 linear feet of the tributary is also impacted with sediment but it is requested that a temporary check dam be installed and maintained just upstream of the haul road to capture migrating sediment. This instream structure is requested because Unimin plans to apply for permanent mining impacts to the upper segment of the tributary. The remedial actions presented in the correspondence have been found satisfactory and are approved,however downstream turbidity controls should be deployed during sediment removal. Sediment removal activities involved in this approval, as well as submittal of the final report, are to be completed within forty five (45) days of this approval letter. Furthermore, if application for the permanent mining impacts is not received by DWQ within six months of this letter then a sediment removal plan for the upper 1,000 linear feet has to be submitted to DWQ to remediate that section of the tributary. Sincerely, ., , Linda Wiggs Environmental Specialist Surface Water Protection cc: ARO File Copy S:\SWP\Avery\Stormwater\NCG02Mining\Unimin\unimin.shoolhouse2011.SedimentRemovalAPPROVE.doc SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna Phone:828-296-4500\FAX:828-299-7043\Customer Service:1-877-623-6748 // Internet: www,ncwaterquality.org atura!!ff An Equal Opportunity\Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality everly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary December 14,2011 MEMORANDUM TO: Garry Moore, Division 13 Bridge Manager,NCDOT FROM: Michael R.Parker,NCDWQ,Asheville Regional Office SUBJECT: Division 13 2011 Bridge Replacement Program Scoping Review Comments In reply to your request,the NCDWQ offers the following comments for the projects listed below: Project Specific Comments 100271 Bridge No.271 over Curtis Creek,NCSR 1103 Buncombe County 1. Curtis Creek is class C-trout waters of the State. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the - NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. 100291 Bridge No.291 over an unnamed tributary to Little Pole Creek,NCSR 1222,Buncombe County 1. This unnamed tributary to Little Pole Creek is class C waters. 2. NCDWQ has no specific comments for this project. 100315 Bridge No.315 over Wise Creek,NCSR 3437,Buncombe County 1. Wise Creek is class C waters. 2. NCDWQ has no specific comments for this bridge project. 100332 Bridge No.332 over an unnamed tributary to Hominy Creek,NCSR 1140,Buncombe County 1. The unnamed tributary to Hominy Creek is classified class C waters. 2. NCDWQ has no specific comments for this bridge project. "SURFACE WATER PROTECTION SECTION-Asheville Regional Office One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NOrthCarolina Phone:828-296-45001 FAX:828-299-7043 ���y��//� Customer Service:1-877-623-6748 ` LL Internet:www.ncwaterquality.org An Equal Opportunity l Affirmative Action Employer 100401 Bridge No.401 over an unnamed tributary to Beaverdam Creek,NCSR 3470,Buncombe County 1. The unnamed tributary to Beaverdam Creek is class C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 100433 Bridge No.433 over Glady Fork Creek,NCSR 3464,Buncombe County 1. Glady Fork Creek is class C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 100434 Bridge No.434 over Glady Fork Creek,NCSR 3464,Buncombe County 1. Glady Fork Creek is classified C-trout waters. NCDWQ recommends that the most protective -1 sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 100555 Bridge No. 555 over an unnamed tributary to South Hominy Creek,NCSR 1103,Buncombe County 1. The unnamed tributary to South Hominy Creek is.classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. �i (2) 100571 Bridge No.571 over an unnamed tributary to Bill Moore Creek(Enka Lake),NCSR 3442, Buncombe County 1. The unnamed tributary to Bill Moore Creek(Enka Lake)is class C waters. 2. NCDWQ has no specific comments for this bridge project. 100580 Bridge No.580 over NCSR 1119,Buncombe County 1. This is an old cattle crossing under the roadway. There is no stream. 2. NCDWQ has no comments for this bridge project. 580116 Bridge No. 116 over an unnamed tributary to the North Fork Catawba River,NCSR 1560, McDowell County 1. This unnamed tributary to the North Fork Catawba River is classified as B-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 580134 Bridge No. 134 over an unnamed tributary to Tom's Creek,NCSR 1433,McDowell County 1. This unnamed tributary to Tom's Creek is classified as C-HQW waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 3. NCDOT may be required to obtain a State Stormwater permit for this project in accordance with 15A NCAC 2H.1000. This will depend on the amount of new impervious surface on the new bridge. 580242 Bridge No.242 over an unnamed tributary to the Catawba River,NCSR 1112,McDowell County 1. The unnamed tributary to the Catawba River is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. (3) 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 580291 Bridge No.291 over Buck Creek,NCSR 1438,McDowell County 1. Buck Creek is classified as WS-Il,B-trout, HQW waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. hi additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 3. NCDOT may be required to obtain a State Stormwater permit for this project in accordance with 15A NCAC 2H .1000. This will depend on the amount of new impervious surface on the new bridge. 580296 Bridge No.296 over an unnamed tributary to Paxton Creek,NCSR 1418,McDowell County 1. The unnamed tributary to Paxton Creek is class C waters. 2. NCDWQ has no specific comments for the bridge project. 600202 Bridge No.202 over Brummett Creek,NCSR 1318,Mitchell County 1. Brummett Creek is classified C-trout waters. NCDWQ recommends that the most protective J sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [I SA NCAC 04B .0124]throughout design and construction of the project. 600204 Bridge No.204 over Bird Creek,NCSR 1319,Mitchell County 1. Bird Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. (4) 800109 Bridge No. 109 over Grog Creek,NCSR 1317,Rutherford County 1. Grog Creek is classified WS-IV waters. 2. NCDWQ has no specific comments for this bridge project. 990099 Bridge No.99 over Bailey Branch,NCSR 1355,Yancey County 1. Bailey Branch is classified C waters. 2. NCDWQ has no specific comments for this bridge project. 990121 Bridge 121 over Bald Mountain Creek,NCSR'1395,Yancey County 1. Bald Mountain Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 990130 Bridge No. 130 over Cane Branch,NCSR 1146,Yancey County 1. Cane Branch is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A,NCAC 04B .0124] throughout design and construction of the project. 990133 Bridge No. 133 over Cane Branch,NCSR 1146,Yancey County 1. Cane Branch is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 990145 Bridge No. 145 over McKinney Branch,NCSR 1340,Yancey County 1. McKinney Branch is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout (5) waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [I 5*ANCAC 048 .0124]throughout design and construction of the project. 990149 Bridge No. 149 over Roaring Fork,NCSR 1403,Yancey County 1. Roaring Fork is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 990150 Bridge No. 150 over Roaring Fork,NCSR 1403,Yancey County 1. Roaring Fork is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing , trout waters,NCDOT will be required to observe'the NCWRC recommended moratoria for trout. In -! additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 990175 Bridge No. 175 over Jim Creek,NCSR 1402,Yancey County 1. Jim Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 990189 Bridge No. 189 over Patsy Creek,NCSR 1404,Yancey County 1. Patsy Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers'shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. (6) 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds"[15A NCAC 04B .0124]throughout design and construction of the project. 990217 Bridge No.217 over Guilders Creek,NCSR 1358,Yancey County 1. Guilders Creek is classified C waters. 2. NCDWQ has no specific comments for this bridge project. 990222 Bridge No.222 over Bailey Branch,NCSR 1355,Yancey County 1. Bailey Branch is classified C waters. 2. NCDWQ has no specific comments for this bridge project. 990292 Bridge No.292 over an unnamed tributary to South Toe River,NCSR 1185,Yancey County 1. The unnamed tributary to the South Toe is classified B-trout, ORW waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 3. NCDOT may be required to obtain a State Stormwater permit for this project in accordance with 15A NCAC 2H.1000. This will depend on the amount of new impervious surface on the new bridge. 990259 Bridge No.259 over Baker Creek,NCSR 1115,Yancey County 1. Baker Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. General Comments Regarding Bridge Replacement Projects 1. NCDWQ is very concerned with sediment and erosion impacts that could result from these projects. NCDOT 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. (7) 2. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey Activities. 3. Any Low Impact Bridge Projects must fall under Nationwide Permit No. 3 to qualify for Low Impact; otherwise, standard permitting procedures will be required. Example(Regional General Permit No. 31,Nationwide Permit No.23,Nationwide Permit No. 13, etc.) 4. Whenever possible,NCDWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the stream banks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports(bents)should not be placed in the stream when possible. 5. 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 NCDWQ's Stormwater Best Management Practices. 6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 7. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods.More specifically,jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first. 1 8. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface - waters. This water shall be captured,treated, and disposed of properly. 9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 10. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways,or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position.Under no circumstances should barges be dragged along the bottom of the surface water. 11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags,rock berms,cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 12. If concrete is used during construction,a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants,hydraulic fluids, or other toxic materials. (8) 14. 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 shall 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. 15. 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. 16. In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour shall 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 shall 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. Thank you for the opportunity to provide comments at this time. NCDOT 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: Lori Beckwith,USACE,Asheville Field Office Garry Moore,NCDOT, Division 13 Bridge Manager Roger Bryan,NCDOT,Division 13 Environmental Officer Dave McHenry,NCWRC Transportation Permitting Unit NCDOT 2011 Bridge Replacement Program Scoping Comments Division 13 (9) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 14, 2011 Charles Wright, Manager Junaluska Sanitary District 588 Old Clyde Road Waynesville, N.C. 28786 Subject: Permit No. WQ0035682 Junaluska Sanitary District New Transit Facility Wastewater Collection System Extension Haywood County Dear Mr. Wright: In accordance with your application received December 2, 2011, we are forwarding herewith Permit No. WQ0035682, dated December 14, 2011, to Junluska Sanitary District 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 Jeff Menzel 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 28778,4, 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 Page PERMIT NO.WQ0035682,Junaluska Sanitary District,Transit Facility Haywood County December 14 2011 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 Junaluska Sanitary District for the construction and operation of approximately 325 linear feet of 8-inch gravity sewer to serve 12 staff as part of the Haywood County New Transit Facility project, and the discharge of 300 gallons per day of collected domestic wastewater into the Town of Waynesville's existing sewerage system, pursuant to the application received December 2, 2011 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the Town of Waynesville's Wastewater Treatment Facility (Permit No. NC0025321) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Jeff Menzel at (828) 296-4500. Sincerely, for Cole H. Sullins, Director Division of Water Quality cc: ARO, Surface Water Protection (WWTF Permit No. NC0025321) Jesse Gardner, Civil Design Concepts, PA Surface Water Protection Section Central Files PERCS Files S:1SWP1HaywoodlCollection Systems\Junaluska Sanitary District Collection System1W00035682 Junluska Sanitary District New Transit Facility December 14 2011.docx NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e.. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 PERMIT NO.W00035682,Junaluska Sanitary District,Transit Facility Haywood County December 14,20, 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities. have been installed in accordance with this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8: Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 9. In the event that the wastewater collection facilities fail .to perform satisfactorily, including the creation of nuisance conditions, the Permittee 'shall take immediate corrective action, including those as may be required by this Division,,such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: 2 cRMIT NO WQ0035682 Junaluska Sanitary District Transit Facility Haywood County December 14,2011 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 14th Day of December, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION t P i, for Coleen H. 8r llins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0035682 3 PERMIT NO.WQ0035682,Junaluska Sanitary District,Transit Facility, Haywood County December 14,20,1 ENGINEERING CERTIFICATION - POST CONSTRUCTION System Description: permission is hereby granted to the Junaluska Sanitary District for the construction and operation of approximately 325 linear feet of 8-inch gravity sewer to serve 12 staff as part of the Haywood County New Transit Facility project, and the discharge of 300 gallons per day of collected domestic wastewater into the Town of Waynesville's existing sewerage system, pursuant to the application received December 2, 2011 Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEERS CERTIFICATION ❑ Partial ❑ Final `^ I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................................. SEND THIS FORM &SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS CHUCK CRANFORD SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................I The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. a MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary December 15,2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7885 Mr.James L. Lytle 40 Littleton Heights Drive Fairview,North Carolina 28730 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Lytle Property Stream Standard Violation- Other Waste(In-stream sediment) Failure to Secure 401 Buncombe County Response deadline: January 6,2012 Dear Mr. Lytle: On December 13,2011,Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ), accompanied by Jean Conway, conducted a site inspection for the Lytle Property accessed through 396 Flat Rock Road in Buncombe County. Your contractor was onsite. Stream standard and 401 WQC violations were noted during the inspection and file review. Culverting and stream excavation impacts to an un-named tributary to Flat Creek(Classified C; Tr)were documented. As a result of the site inspection and file review,the following violations were identified: VIOLATIONS I. Stream Standard Violation—Turbidity 15A NCAC 02B.0211(3) (k)—Water Quality samples taken during the site inspections revealed the following results: Upstream: 5 ntu Downstream: 390 ntu The stream standard for waters classified Trout(tr) is 10 ntu. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 4 Affirmative Action Employer James L.Lytle December 15,2011 Page 2 of 3 II. Failure to Secure a 401 Water Quality Certification(WQC) At the time of the site inspection,20 linear feet of culvert had been installed in an un-named tributary to Flat Creek(Class C; Tr). Additionally,there were 280 linear feet of culvert staged on- site. A review of records confirmed that neither the DWQ nor the US Army Corps of Engineers (USACOE)has received an application for a 404 Permit or 401 WQC,prior to the impacts noted above. Such an application is required pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina Administrative Code 2Hs.0500. III. Removal of Best Usage- 15A NCAC 0211.0211 (2)—Approximately 300 linear feet of an un- named tributary to Flat Creek(Class C; Tr)was impacted by excavation representing Water Quality Stream Standard violation of 15A NCAC 02B .0211(2). REQUIRED RESPONSE The DWQ requests that you respond by January 6,2011. Your response should be sent to the attention of Kevin Barnett,Division of Water Quality,2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Stream Standard Violation—Turbidity a. Please explain why these impacts occurred without prior authorization. b. Please provide a plan for stabilizing the recent excavation such that the Turbidity stream standard is not violated in the future. 2. Removal of Best Usage—15A NCAC 0211.0211 (2)and 401 Water Quality Certification a. Please explain why these impacts occurred without prior authorization. b. Please provide a map of the project area. The map must include all streams and wetlands on-site,detailing all impacts(i.e.,culverts and/or fill). Two(2)options exist to resolve the violations related to the 401 Water Quality Certification: 1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining to the culvert installation that has occurred. A 401 WQC will be required if the activities are permitted by the Corps. The application process as described does not guarantee the impacts will be approved. 2. Restore the stream to pre-existing conditions. a. includes the removal of the impacts,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. �011 If pursuing Option 1: 1. Contact the U. S.Army Corps of Engineers to determine the permitting needs of the activities you have undertaken. The Asheville office phone number is(828)271-7980. 2. Provide a proposed schedule of when you expect to have the required Pre-Construction Notification(401 WQC application)submitted to DWQ. If pursuing Option 2: a. Please submit a Stream Restoration Plan to this office for review and approval. You must secure an environmental consultant experienced in stream restoration to assist you with development of your plan and authorization necessary to achieve compliance. The plan must include the removal of the impacts,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: b. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. c. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Kevin Barnett. - Thank you for your attention to this matter.This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations,as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to$25,000.00 per day for each violation. Should you have any questions regarding these matters,please contact Kevin Barnett at(828)296-4657. Sincerely, Chuck Cranford,Regional Supervisor Surface Water Protection Asheville Regional Office cc: NPS Assistance and Compliance Oversight Unit ARO File Copy Buncombe County Planning S:\S WP\Buncombe\ComplaintsUamesLytle.436FIatCreekRd\Lytle.NOV2011 SS0040.12-16-201 Ldoc 1 '��' �� A,T41 ; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.:Sullins Dee Freeman Governor Director Secretary December 19, 2011 Steve Koster P.O. Box 547 Franklin NC 28744 SUBJECT: Compliance Evaluation Inspection Steve Koster Excavating Permit No: NCG551116 Macon County Dear Mr. Koster: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on December 6, 2011. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,.please call me at 828-296-4500. Sincerely Jeff enzel Environmental Specialist Enclosure cc: Central Files Asheville Files SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanos, NC 28778 NorthCarofina Phone:(828)296-4500\FAX:828,2�99-7/043\Customer Service: 1-877-623-6748 Naturally Internet:www.ncwatergualitV.org S:\SWP\Macon\Wastewater\General\NCG55 SFR\NCG551116 CEI December 20111.docx United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I SI 31 NCG551116 111 121 11/12/06 117 181CI 191011 20U Remarks 11.- 21111111111111111111111111IIIIIIIIIII1IIIIIIII1116 Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA --------------------------Reserved---------------------- 67I 169 70131 71 IU 721 N( 73' j 74 751 I I I I I I 180 Section B: Facility Data t_ Iu 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) Steve Koster Excavating 12:15 PM 11/12/06 07/08/01 Lot 2272 Exit Time/Date Permit Expiration Date Otto NC 28763 12:30 PM 11/12/06 12/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name,Address of Responsible Official/Title/Phone and Fax Number Steve Koster,PO Box 547 Franklin NC 28744//828-349-3489/ ContactedNo Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Operations&Maintenance 0 Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) l Name(s)aWSignatur (s)of Ins 11 ctor(s) Agency/Office/Phone and Fax Numbers Date Jeff Menz ARO WQ//8281-290-4500/ V Signature of Managem nt Q,A)2eviewer 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 31 NCG551116 1 11 12, 11/12/06 17 18I d Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility was not discharging at the time of inspection. The facility is currently For Sale. When the property sells a name change should be submitted to this Agency to record the correct owner's name on the permit. That form can be found on the NCDENR website here: hftp://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms The facility appears to be well maintained. No violations of permit requirements or applicable regulations were observed during this inspection. j Page# 2 Permit: NCG551116 Owner-Facility: Steve Koster Excavating Inspection Date: 12/06/2011 In Type: Compliance Evaluation Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ Q 0 Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH,DO,Sludge Q Q ■ 0 Judge,and other that are applicable? Comment: Sand Filters(Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? ■ ❑ 0 ❑ Is the distribution box level and watertight? ■ 0 Is sand filter free of ponding? ■ Q ❑ fl Is the sand filter effluent re-circulated at a valid ratio? ■ (] 11 0 #Is the sand filter surface free of algae or excessive vegetation? ■ Q Q n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ■ Q Q ❑ Comment: Page# 3 (��I �� �1, 1 �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 19, 2011 Thomas E. Sterrett Rose Creek Mine 115 Terrace Ridge Drive Franklin,North Carolina 28734 Subject: Notice of Violation NOV-2011-PC-0628 Rose Creek Mine Permit Number:NCG020262 Status: Non-Compliant Response Due: January 6,2012 Macon County Dear Mr. Sterrett: On November 22, 2011, Kevin Barnett of the Division of Water Quality, Asheville Regional Office, performed a site inspection at your facility located off Lyle Downs Road in Macon County. The site was unoccupied at the time of inspection, so no file review was performed. It was discovered during the inspection,that the processing area was unstable and was a source of sediment to an un-named tributary to Little Tennessee River(Class: B), as was a waste spoils pile on the opposite side of the creek from the process area. Downstream of the process area were two ponds which were turbid and contained settled sediments. (one of these ponds may be offsite on the Tomaszkiewicz property) A plan to evaluate the streams and ponds,both on and off site must be submitted to the attention of Kevin Barnett, at the letterhead address. In addition to the stream evaluation,you must also include a sediment removal plan for any lost material to surface waters (streams and ponds). This must include the following a. The Plan must address removal of accumulated sediment from all surface waters. You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan; and obtaining any necessary approvals. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 � Internet: www.ncwaterquality.org Na `��y��//l An Equal Opportunity 1 Affirmative Action Employer Thomas E. Sterrett Rose Creek Mine December 19,2011 Page 2 of 2 • A narrative explaining how sediment will be removed; including, techniques, manpower and tools to be used. • 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 before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. Thank you for your attention to this matter. Should you have any questions regarding these matters,please contact Kevin Barnett at(828)296-4657. Sincerely, r Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Macon County Planning S:\SWP\Macon\Stormwater\NCG02 Mining\RoseCreck\NCG020262.CEI.12-16-2011.doc Compliance Inspection Report ermit: NCG020262 Effective: 01/01/10 Expiration: 12/31/14 Owner: Rose Creek Mine SOC: Effective: Expiration: Facility: Rose Creek Mine County: Macon 115 Ter Ridge Dr Region: Asheville Franklin NC 28734 Contact Person: Thomsa Sterrett Title: Phone: 828-349-3774 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On-Site Representative(s): Related Permits: Inspection Date: 11/22/2011 Entry Time: 11:00 AM Exit Time: 12:00 PM Primary Inspector: Kevin H Barnett Phone: 828-296-4500 Ext.4657 Secondary Inspector(s): Reason for Inspection: Complaint Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ❑ Compliant ■ Not Compliant Question Areas: N Storm Water (See attachment summary) Page: 1 Permit: NCG020262 Owner-Facility: Rose Creek Mine Inspection Date: 11/22/2011 Inspection Type: Compliance Evaluation Reason for Visit: Complaint Inspection Summary: Permit and Outfalls Yes No NA NE #Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ■ fl n .: #Were all outfalls observed during the inspection? ■ Q 0 #If the facility has representative outfall status, is it properly documented by the Division? ❑ 0 0 Q #Has the facility evaluated all illicit(non stormwater)discharges? n ❑ E n Comment: Owner winters in Florida. Site unstable and receiving waters show sediment and turbidity issues. Page: 2 FMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 19,2011 Mr. David Odom,P.E. Odom and Associates Engineering, Inc. 152 East Main Street Forest City, NC 28043 Subject: Permit No. WQ0035662 John Moore John Moore Force Main Wastewater Collection System Extension Rutherford County Dear Mr. Odom: Enclosed please fine Permit WQ0035662 issued to Mr. John Moore which the postal service returned to our office due to an insufficient address. Since we cannot obtain a correct address I am,therefore sending to you to forward to Mr. Moore. Thank you. Sincerely, Donald R.Price,CET WWTP Consultant Enclosure SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarofina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquali�.org Naturallff An Equal Opportunity 1 Affirmative Action Employer f �, �_/. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Overly Eaves Perdue Coleen H,Sullins Dee Freeman Governor Director Secretary December 20, 2011 MEMORANDUM TO: Joshua B.Deyton,P.E., Division 14 Bridge Management Engineer FROM: Michael R. Parker,NCDWQ,Asheville Regional Office SUBJECT: Division 14 Bridge Replacement Program Scoping Review Comments In reply to your request,the NCDWQ offers the following comments for the projects listed below: Proiect Specific Comments 190017 Bridge No. 17 over Owl Creek,NCSR 1340,Cherokee County 1. Owl Creek is classified C waters; however,NCWRC has indicated that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 190022 Bridge No.22 over Phillips Creek,NCSR 1507,Cherokee County 1. The Phillips Creek is classified C waters; however,NCWRC has indicated that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. SURFACE WATER PROTECTION SECTION-Asheville Regional Office One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NOr thCarOlina. Phone:828-296-45001 FAX:828-299-7043 Customer Service:1-877-623-6748 Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer 190097 Bridge No.97 over Wolf Creek,NCSR 1104,Cherokee County 1. Wolf Creek is classified C waters. 2. NCDWQ has no specific comments for this project. 190184 Bridge No. 184 over McClellan(Tatham)Creek,NCSR 1509,Cherokee County 1. McClellan(Tatham)Creek is class C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 190195 Bridge No. 195 over an unnamed tributary to Martins Creek,NCSR 1556,Cherokee County 1. The unnamed tributary to Martins Creek is classified C waters. 2. NCDWQ has no specific comments for this bridge project. 190247 Bridge No.247 over Hayes Mill Creek;NCSR 1426,Cherokee County 1. The Hayes Mill Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the J NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 210078 Bridge No.78 over Greasy Creek,NCSR 1318,Clay County 1. Greasy Creek is classified class WS-IV waters. 2.NCDWQ has no specific comments for this bridge project. 370063 Bridge No.63 over East Buffalo Creek,NCSR 1253,Graham County 1. East Buffalo Creek is classified C waters;however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In (2) addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 370102 Bridge No. 102 over East Buffalo Creek,NCSR 1254,Graham County 1. East Buffalo Creek is classified C waters;however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 370109 Bridge No. 109 over East Buffalo Creek,NCSR 1254,Graham County 1. East Buffalo Creek is classified C waters;however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 430059 Bridge No.59 over Plott Creek,NCSR 1160,Haywood County 1. Plott Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC. Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 430061 Bridge No.61 over Plott Creek,NCSR 1164,Haywood County 1. Plott Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In " addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled (3) "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 430151 Bridge No. 151 over Rocky Branch,NCSR 1147,Haywood County 1. Rocky Branch is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 430162 Bridge No. 162 over Germany Cove Branch,NCSR 1313,Haywood County 1. Germany Cove Branch is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition;NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds"'[15A NCAC 04B .0124]throughout design and construction of the project. 430165 Bridge No. 165 over Chambers Branch,NCSR 1513,Haywood County 1. Chambers Branch is classified C waters. 2. NCDWQ has not specific comments for this bridge project. 430194 Bridge No. 194 over Ratcliff Cove Branch,NCSR 1818,Haywood County 1. Ratcliff Cove Branch is classified B waters. 2. NCDWQ has not specific comments for this bridge project. 430214 Bridge No.214 over Fines Creek,NCSR 1334,Haywood County 1. Fines Creek is classified C waters;however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. (4) 430216 Bridge No.216 over Turkey Creek,NCSR 1380,Haywood County 1. Turkey is classified C waters;however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 430321 Bridge No.321 over Conner Mill Branch,NCSR 1820,Haywood County 1. Conner Mill Branch is classified C waters. 2. NCDWQ has not specific comments for this bridge project. 430328 Bridge No.328 over Garrett Creek,NCSR 1311,Haywood County 1. Garrett Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 430350 Bridge No.350 over Dix Creek,NCSR 1106,Haywood County 1. Dix Creek is classified as WS-III-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRQ) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe;the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 430356 Bridge No.356 over Bowen Branch,NCSR 1545,Haywood County 1. Bowen Branch is classified C waters. 2. NCDWQ has not specific comments for this bridge project. (5) 430359 Bridge No.359 over an unnamed tributary to the Pigeon River,NCSR 1531,Haywood County 1. The unnamed tributary to the Pigeon River is classified C.waters. 2. NCDWQ has not specific comments for this brid'geproject. 430368 Bridge No.368 over Garden Creek,NCSR 1863,Haywood County 1. Garden Creek is classified WS-III waters. 2. NCDWQ has not specific comments for this bridge project. 440163 Bridge No. 163 over an unnamed tributary to South Fork Mills River,NCSR 1338, Henderson County 1. The unnamed tributary to the South Fork Mills River is classified WS-II-trout ORW waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 3. NCDOT may be required to obtain a State Stormwater permit for this project in accordance with 15A NCAC 2H.1000. This will depend on the ainourit of new impervious surface on the new bridge. 440164 Bridge No. 164 over Queens Creek,NCSR 1338,Henderson County 1. Queens Creek is classified WS-II-trout HQW waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 3. NCDOT may be required to obtain a State Stormwater permit for this project in accordance with 15A NCAC 2H .1000. This will depend on the amount of new impervious surface on the new bridge. 440261 Bridge No.261 over an unnamed tributary to Hickory Creek,NCSR 1597,Henderson County 1. The unnamed tributary to Hickory Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all.disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission (6) 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 440273 Bridge No.273 over Bullings Creek,NCSR 1131,Henderson County 1. Bullings Creek is classified as C waters. 2. NCDWQ has no specific comments for this bridge project. 440301 Bridge No.301 over Puncheon Camp Creek,NCSR 1593,Henderson County 1. Puncheon Camp Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout'bitffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission (NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for out. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 490135 Bridge No. 135 over Moses Creek,NCSR 1740,Jackson County 1. Moses Creek is classified as WS-III-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife'Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 490141 Bridge No. 141 over Little Savannah Creek,NCSR 1367,Jackson County 1. Little Savannah Creek is classified C waters; however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. (7) 490207 Bridge No.207 over East Fork Savannah Creek,NCSR 1313,Jackson County 1. East Fork Savannah Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT'.strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 490251 Bridge No.251 over East Fork Dicks Creek,NCSR 1389,Jackson County l. East Fork Dicks Creek is classified C waters;however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NC)ATRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 490253 Bridge No.253 over East Fork Dicks Creek,NCSR 1389,Jackson County 1. East Fork Dicks Creek is classified C waters;,hov!ever,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 490279 Bridge No.279 over Brushy Fork,NCSR 1371,Jackson County 1. Brushy Fork is classified C waters;however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A.NCAC 04B .0124] throughout design and construction of the project. (8) 490282 Bridge No.282 over Betty Branch,NCSR 1307,Jackson County 1. Betty Branch is classified C waters; however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds"[15A NCAC 04B .0124] throughout design and construction of the project. 490296 Bridge No.296 over Cedar Creek,NCSR 1120,Jackson County 1. Cedar Creek is classified as WS-III-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 490300 Bridge No.300 over Brushy Fork,NCSR 1371,Jackson County 1. Brushy Fork is classified C waters; however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 490310 Bridge No.310 over Cane Creek,NCSR 1709,Jackson County 1. Cane Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition, NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. (9) 490322 Bridge No.322 over East Fork Savannah Creek,NCSR 1316,Jackson County 1. East Fork Savannah Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 550008 Bridge No.8 over Ellijay Creek,NCSR 1001,Macon County 1. Ellijay Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 550060 Bridge No.60 over Big Creek,NCSR 1540,Macon County 1. Big Creek is classified WS-II-trout HQW waters:`NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 3. NCDOT may be required to obtain a State Stormwater permit for this project in accordance with 15A NCAC 2H.1000. This will depend on the amount of new impervious surface on the new bridge. 550115 Bridge No. 115 over Barkers Creek,NCSR 1104,Macon County l. Barkers Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NC)vVRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [I5ANCAC 04B .0124]throughout design and construction of the project. r> (10) 550243 Bridge No.243 over Poplar Cove Creek,NCSR 1306,Macon County l. Poplar Cove Creek is classified as WS-III trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 3. There are adjacent wetlands up and downstream of the bridge. 550276 Bridge No.276 over Wallace Branch,NCSR 1314,Macon County 1. Wallace Branch is class C waters. 2. NCDWQ has no specific comments for this bridge project. 550302 Bridge No.302 over Battle Branch,NCSR 1001,Macon County 1. Battle Branch is classified C waters; however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [I5A;NCAC 04B .0124]throughout design and construction of the project. 550321 Bridge No.321 over Lakey Creek,NCSR 1424,Macon County 1. Lakey Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 740070 Bridge No.70 over Wheat Creek,NCSR 1329,Polk County 1. Wheat Creek is class C waters. 2. NCDWQ has no specific comments for this bridge project. (11) 740092 Bridge No.92 over Mill Creek,NCSR 1338,Polk County 1. Mill Creek is class C waters. 2. NCDWQ has no specific comments for this bridge project. 740126 Bridge No. 126 over Green Creek,NCSR 1125,Polk County 1. Green Creek is class C waters. 2. NCDWQ has no specific comments for this bridge project. 740200 Bridge No.200 over Cove Creek,NCSR 1142,Polk County 1. Cove Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 740201 Bridge No.201 over Britten Creek,NCSR 1158,Polk County 1. Britten Branch Creek is class C waters. 2. NCDWQ has no specific comments for this bridge project. 860121 Bridge No. 121 over Silvermine Creek,NCSR 1103,Swain County 1. Silvermine Creek is class C waters;however,NCWRC found that this stream contains rainbow trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 860131 Bridge No. 132 over Chestnut Cove Creek,NCSR 1122,Swain County 1. Chestnut Cove Creek is class C waters; however,NCWRC found that this stream contains trout. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In (12) . addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 870023 Bridge No.23 over Burlingame Creek,NCSR 1152,Transylvania County 1. Burlingame Creek is classified C+waters. The+means that the stream is subject to ORW waters protection. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled"Design Standards in Sensitive,Watersheds"[15A NCAC 04B .0124]throughout design and construction of the project. . 2. NCDOT may be required to obtain a State Stormwater permit for this project in accordance with 15A NCAC 2H.1000. This will depend on the amount of new impervious surface on the new bridge. 870028 Bridge No.28 over Morton Creek,NCSR 1316,Transylvania County 1. Morton Creek is classified as C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 870072 Bridge No.72 over Frozen Creek,NCSR 1143,Transylvania County 1. Frozen Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers.shall.be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 870078 Bridge No.78 over Patterson Creek,NCSR 1128,Transylvania County 1. Patterson Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124] throughout design and construction of the project. 13) 870083 Bridge No.83 over Browns Mill Creek,NCSR 1107,Transylvania County 1. Browns Mill Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 870113 Bridge No. 113 over Nicholson Creek,NCSR 1346,Transylvania County 1. Nicholson Creek is classified C-trout waters. NCb'WQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 870141 Bridge No. 141 over Bryson Creek,NCSR 1500,Transylvania County 1. Bryson Creek is classified C waters. 2. NCDWQ has no specific comments for this bridge project. 870159 Bridge No. 159 over Cannon Creek,NCSR 1537,Transylvania County l. Cannon Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 870195 Bridge No. 195 over Lyday Creek,NCSR 1504,Transylvania County 1. Lyday Creek is classified C-trout waters. NCDWQ recommends that the most protective sediment and erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with the NC Division of Land Resources and NC Wildlife Resources Commission. 2. Should NC Wildlife Resources Commission(NCWRC) identify these waters as naturally reproducing trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In addition,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled (14) "Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and construction of the project. 870221 Bridge No.221 over Galloway Creek,NCSR 1388,Transylvania County 1. Galloway Creek is classified C waters. 2. NCDWQ has no specific comments for this bridge project. General Comments Regarding Bridge Replacement Projects 1. NCDWQ is very concerned with sediment and erosion impacts that could result from these projects. NCDOT 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. 2. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey Activities. 3. Any Bridge considered a Low Impact Bridge Project must fall under Nationwide Permit No. 3 to qualify for Low Impact; otherwise, standard permitting procedures will be required. Example (Regional General Permit No. 31,Nationwide Permit No. 23,Nationwide Permit No. 13, etc.) 4. Whenever possible,NCDWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the stream banks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports(bents) should not be placed in the stream when possible. 5. 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 NCDWQ's Stormwater Best Management Practices. 6. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401. Water Quality Certification. 7. Bridge piles and bents shall be constructed using driven piles(hammer or vibratory)or drilled shaft construction methods.More specifically,jetting or,other methods of pile driving are prohibited without prior written approval from NCDWQ first. 8. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured,treated,and disposed of properly. 9. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification. 10. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways,or floating or sunken barges. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the bottom of the surface water. (15) 11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags,rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 12. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants,hydraulic fluids,or other toxic materials. 14. 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 shall 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. 15. 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. 16. In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with t' road closure. If road closure is not feasible, a temporary detour shall 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 shall 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. Thank you for the opportunity to provide comments at this time. NCDOT 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: Lori Beckwith,USACE,Asheville Field Office Josh Deyton,NCDOT,Division 14 Bridge Manager Mark Davis,NCDOT,Division 14 Environmental Officer Marla Chambers,NCWRC Dave McHenry,NCWRC Transportation Permitting Unit NCOT Bridge Replacement Program Scoping Comments Division 14 (16) WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 21, 2011 Joseph Noha 75751 Overseas Highway Islemorada,Florida 33036 Subject: 401 Water Quality Certification-Approval Noha Property on Walnut Creek DWQ Project#2011-1001 Macon County LTNO1 /Walnut Creek/2-21-17/Class C;Tr Dear Mr.Noha: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to place fill within or otherwise impact 80 linear feet of streams for the purpose of residential construction and 60 linear feet of streams for island restoration at the subject property. This approval requires you to "mellow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Number 3689 and 3821. This Certification allows you to use Nationwide Permit 13, 27, and 29 when issued by the US Army Corps of Engineers(USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification. -In addition, you should obtain or otherwise comply with any other required federal,state or local permits before you proceed with your project including(but not limited to)Erosion and Sediment Control and trout buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved(Units) Plan Location or Reference Stream 20 (feet) S1 —Sidewalk Construction Stream 60 (feet) S2—Streambank Stabilization Stream 60 (feet) S3 —Island Restoration Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 one Phone:828-296.45001 FAX:828-299-70431 Customer Service:1-877-62316748 NOTthCarOhna Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Naturally Joseph Noha December 21,2011 Page 2 of 2 Additional Conditions: 1. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213. .0200.Appropriate sediment and erosion control practices must be used to meet this standard. 2. Trout Moratorium The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of January 1 through April 15. 3. Notification of Construction The applicant will contact the Asheville Regional Office by phone or e-mail at least 72 hours prior to the commencement of construction. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657. Sincerely, r Coleen H. Sullins,Director CHS1khb Eric: GC3689 and 3821 Certificate of Completion cc: USACE Asheville Regulatory Field Office NC Wildlife Resources Commission, David McHenry 401 Permitting Unit—Central Office File Copy S:\S WP\Macon\401 s\Non-D011Noha.WalnutCreekRoad\20111001.Appvl.12-21-2011.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary December 21,2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7878 Alan Schommer Carolina Ventures,LLC. 20 Resort Boulevard Lake Toxaway,North Carolina 28747 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT Carolina Ventures(formerly Red Barn) Project#2011-0558 NOV-2011-PC-0633 Construction Stormwater Permit NCG010000 Stream Standard Violation-Other Waste(In-stream sediment) 401 Water Quality Certification(WQC)Conditions Transylvania County Response deadline: January 11,2012 Dear Mr. Schommer: On December 9, 2011, Kevin Barnett from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site inspection for Carolina Ventures (formerly Red Barn) along Highway 64 in Transylvania County. Your contractor was on-site at the time of this inspection. Construction Stormwater Permit NCGO 10000, 401 certification, and stream standards violations were noted during the inspection and file review. Sediment impacts to Morton Creek(Class C; Tr)were documented constituting permit,certification and standard violations. It was determined that between 6 and 15 inches of sediment had been deposited in Morton Creek throughout its length on the property. Downstream impacts were not investigated due to the adjacent property being fenced off. As a result of the site inspection and file review,the following violations,detailed below,were noted: VIOLATIONS I. Construction Stormwater Permit NCGO10000-A Construction Stormwater Permit (NCGO10000)is issued upon the approval of an Erosion and Sedimentation Control Plan for sites greater than one acre. a. Twenty-four Hour Reporting(Part II.Section E.No.3) The lack of notification to DWQ regarding sediment loss represents violations of NCGO10000 Permit. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One NOrthCar Phone:828-296-450M FAX:828-299-70431 Customer Service:1-877-623-6748 vv �/no/li/na Internet: www.ncwaterquality.org �aturally An Equal Opportunity 1 Affirmative Action Employer Alan Schommer December 21,2011 Page 2 of 3 H. Stream Standard Violation-Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f- Greater than 300 linear feet of an Morton Creek(Class C; Tr)was impacted by sediment deposition greater than 6 inches throughout the stream reach,representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3)(f) III. 401 WQC Condition Violations-Alan Schommer,on behalf of Carolina Ventures,LLC., submitted a Pre-Construction Notification(PCN)on June 10, 2011. DWQ issued an approval letter for the impacts on August 2, 2011, for Project 42011-0558. The approval letter specifies that the activities must follow the conditions listed in the General Water Quality Certification, as well as additional conditions listed in the letter. General Water Quality Certification 3821,Condition 13 states the following: 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. The installed culvert extension is perched above the existing stream bed, in violation of Water Quality Certification 3821,Condition 13. REQUIRED RESPONSE This Office requests that you respond in writing Prior to close of business, January 11, 2012. Your response should be sent to both the attention of Kevin Barnett,Division of Water Quality,2090 US HWY -� 70, Swannanoa,NC 28778 and Mr.John Hennessy at the Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. Your response should address the following items: I. Construction Stormwater Permit NCG010000 a. DWQ should have been notified within twenty four hours of becoming aware of the sediment loss as noted above in I. a.,please explain why DWQ was not notified. H. Stream Standard-Other Waste(In-Stream Sediment) a. Please provide a map of the project area.The map must include all stream and wetland, detailing impacts both on-and off-site. b. Please submit a Sediment Removal Plan to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters.You are encouraged to secure an environmental consultant experienced in stream restoration to assist you with developing your Plan,and obtaining any necessary approvals. It is recommended that your consultant contact Kevin Barnett of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including,techniques, equipment,manpower and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete �- the removal of sediment. ,2011 • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. • Please explain how turbidity standards will not be exceeded. c. Once the work is complete,a final report documenting the results of the sediment removal activities should be submitted to Kevin Barnett. III. 401 Water Quality Certification Condition Violation a. Please provide a plan for bringing the culvert installation into compliance with Water Quality Certification 3 82 1,Condition 13 Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Your above-mentioned response to this correspondence will be considered in this process. This office requires that the violations,as detailed above,be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to$25,000.00 per day for each.violation. Should you have any questions regarding these matters,please contact Kevin Barnett at(828)296-4657. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Asheville Regional Office cc: John Hennessy—NPS Assistance and Compliance Oversight Unit ARO File Copy Division of Land Resources Terry Allen,T. E.Allen Engineering Transylvania County Planning S:\SWP\Transylvania\401sWon-DOT\CarolinaVenturesLLC-Formerly DankyDevelopementMOV2011PC0633.20110558.Schommer.doc __ __ _ - _. ,- 1 �� ,;r �,..+ <. AW4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 22, 2011 Sammir Shwana, President The Pines Condominiums, HOA P.O. Box 712 Dana,N.C. 28724 Subject: Permit No. WQ0035693 The Pines Condominiums,HOA Wastewater Collection System Extension Henderson County Dear Mr. Shwana: In accordance with your application received December 20, 2011, we are forwarding herewith Permit No. WQ0035693, dated December 22, 2011, to the Pines Condominiums, HOA 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 Keith Haynes a copy of the "notice to proceed" issued to your contractor for this collection system extension. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and.the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engineer to the licensing board. Asheville Regional Office Internet www.ncwaterquality.org 2090 US Highway 70,Swannanoa,NC 28778 Telephone (828)296-4500 Fax (828)299-7043 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 1v 50%recycled/10%post-consumer paper The Pines Condominiums,HOA December 22, 2011 Pay. In accordance w-" the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, anu other applicable Laws, Rules, and Regulations, permission is hereby granted to the Pines Condominiums,HOA for the construction and operation of approximately 716 linear feet of 2-inch force main a 35—gallon per minute pump station with duplex pumps, on-site audible and visual high water alarms, and a portable generator receptacle with telemetry to serve 4 lots as part of the Pines Condominiums sewer project, and the discharge of 1000 gallons per day of collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to the application received December 20, 2011 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Hendersonville's Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into the receiving stream. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Keith Haynes at (828) 296-4500. Sincerely,, for Cole ' . Sullins, Direet Division of Water Quality cc: Henderson County Building Inspector ARO, Surface Water Protection (WWTF Permit No. NC0025534) Gerald Haskins,P.E. Dennis Dorn;AAA Storage World, 730 Sugarloaf Road, Hendersonville, N.C. 28792 Lee Smith, Utilities Director City of Hendersonville Surface Water Protection Section Central Files PERCS Files SASWP\Henderson\Collection Systems\Hendersonville CS\WQ0035693 Pines Condominiums 12 22 2011.doc NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; ,15A NCAC .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system-wide collection system permit for the -' operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a'telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High-priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1 C. 1 PERMIT NO W00035693, The Pines Condominiums,HOA, Henderson County December 22 2U 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 1 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 -RMIT NO W00035693 The Pines Condominiums,HOA, Henderson County December 22,2011 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 gat 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 22nd Day of December, 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. SVQuality s, Di a for Division of Wat By Authority of the Environmental Management Commission Permit Number W00035693 3 �1 '�_ ����, f NO W00035693, The Pines Condominiums Hna Henderson County December 22, 2011 AGINEERING CERTIFICATION --POST CONSTRUCTION System Description: permission is hereby granted to the Pines Condominiums, HOA for the construction and operation of approximately 716 linear feet of 2-inch force main a 35—gallon per minute pump station with duplex pumps, on- site audible and visual high water alarms, and a portable generator receptacle with telemetry to serve 4 lots as part of the Pines Condominiums sewer project, and the discharge of 1000 gallons per day of collected domestic wastewater into the City of Hendersonville's existing sewerage system Complete and submit this form to the Asheville regional office with the following: • One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection system extension • supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected)for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this permit regulations or minimum design criteria. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time)the construction of the above referenced project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: ................................................................................................. SEND THIS FORM& SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS CHUCK CRANFORD SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HIGHWAY 70 SWANNANOA, NC 28778 ................................................................................................ The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. 07 8286937493 � Rq77 —� PAGE 01 s l; A; DECK STAIT OV NORTH C'AR(A IN 1 WQ0035693 COI. N'1Y OF /__VP_44e I r - I{C)MF./PROPI IZ"f-Y ?..W1V1:RS' C71'FRt1'Ta<Cl'Nrtl.ACif�l: l:ML V'I` J 1 1is AGREE ivIENT made pursuant to Cr S. 143 21 5 1 (d]) and entered into this day of by and between the North Carolina Fnvirctnniental Management Commission. all agency of the State ot'North Carolina. hereinafter known as the COMMISSION: and _ pixies Condonliniums.MldL' _-_„ . a riot-protit corporatiot) oriaranized and existing Under and ilv v intic of ilie lawns of- the !hate of North(.'arc?lira, hereinafter k.iwwn as the ASSOCIATION. Wl VNESSETI-I; I . 'Fhti ASSOCIATION was formed tier the purpose- among others.of handling the propem- affairs and business ofthe development knc,,,vtl as The Pines C ondomililulris (hereinafter tilt" Development): of operating. maintaining. re-constrUcttng and rLpairing tilt' 4t1mmon elements ofthe lands and improvenients subject to unit ownership, including the Nvastew-atel•collection �ystein with punips. wastewater trexMlllent works, and/or di:~posal facilities ()le yejnat-tcrr Disposal System): and of collecting(cues and assessment to provide. funds For such Operation. mallitet'aiat ee. re-construction and repair. �. The ASSOCIATION desires, to construct and./err operate a Disposal, System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION leas applied to the COMMISSION f-Or the issuances of- }�e*rrrmit pursuant to C;.S. 1 F3- 215,1 to construct, maintain- and/or operate the Dispersal System- -1, The l c\etopmetlt w is created subject to unit ownership in the cINVC11ings unit;i, (tiles improvements and lauds through filing, ofa Declaration ()f`l;init Ownership(hereinakiear Declarttticail). pursuant to Chapter 47C- or 471=ofthe North Carolina General Statutes. 5. The C OMMIS l()N desires to ayaur4 (hat the Di5pmal System ofthe Development is properi constructed, maintained and operated in accordaricc with law and pe n it provrSfpn$ rtl()rdLr to protect t)1E quality ofthe waters of the State and the public interest therein, NOW, TIIEREFORl;;, in consideration of tilt; promises and the benefits to lac derived by each ofthe parties herelp, the C."OMMISSION and A` SOC'IATION do ltere:h-, tnutti<tlly agree sis lollow�: 1. `rile ASSOCIATION shall construct the Disposal S'ystenl and/or snake any Additions or modifications to the Disposal Systern in accordance kvith the perinit and plans and ypecilications hereafter issued att(1 approved by the COMMISSION. and shall therealler properly operate and maintain such systems, and facilities in accordance witl1 applicahle permit provisions and law. '. ]'he A`~SOC'IA l if)N shall l�r(n itir in tilt Declaration rtld .�4sacirtti(nt !',yltt�ti; tl7ftt the i)i,spcyssci by stall and appurtenances thereto are pear (it-the cotnmon Qlements and shall thereafter be properly maintained and operated in conformity with law and the provisions o1-the permit ic}r caaristructioll.operiatitail, repair. and mainte:nancc of the system tend facilities, I'lle Declaration and Bvlaw.; shall idetltik the entire wa5tewvatCr trei trient, collection and disposal iy.5i m ay- a common r:lemcni wllicll will leccivc the highest priority fbi (sxpe:ilditttres by the A44OtOialion excert fi>r Federal. State. and ]t)cal taxes;and insurance:. 5. I'hc ASSOCIATION shall provide in the Declaration and Association Bylaw,y illat the Disposal Systern will be maintained out of the common expense,•, In order to wmre that there -,hall be funds readily l=t)RIM: HOA 02/03 Page 1 of 2 12/20/2011 15:07 1 8286937493 JERRY HASKINS available to repair, maintain. or construct the Disposal System beyond the routine operation and maintenance expenses. the Declaration and Association Bylaws shall Pro-,ide that a ftnnd be created cut or the common cx,penscs. Such find shall be separate from the routinr maintenance fund allocated for the facility and shall be pail ofthe_yearly budget. 4. In the eveltt the common expeme allocation and separate ttind(s)are not adequate RW the construction. repair, and maintetance of the I)Mposal Svstetrl. the Declaration and Association Bylaws small provide f6r special asSessrnent4 to cover such necessary costs. •f hers: shall be no limii on the arnOUnt Ol'SUCh assessments, and the Declaration and Bylaws shall Ile provided such that special assessments can be made as nt''c i 45ar1' at any tli"!W. 5. If Wastewater collection system and waste Water treatment and/or disposal fatality provided by ally city. town, village.couniv, water azid `ielvQr authorities, Or OthCr unit of government shall hereitiafter become available to serve the Development. the ASSOCIATION ION shall take Such action as is necessary it) cause the existing and Riture wastewater of(be Development to be accepted and discharged into said governmental system, and shall convey or tr ris er as match of the Disposal Sr stem and such necessary easements at the g.overnnteritlal unit may require as condition of accepting the Developmew's wastewater. 6, Recognizing that it would be contrary to the public interest and to the public health. safety and welfare for the ASSOC'IA`I R)N to getter inter voluntary dissolution without having made adequate provision for the continued prOper Maintenance. repair and operation of ith Disposal System, the ASSOC. A1-10N shall provide in the ASSOCIATION Bylaws that the ASSOCIAI ION shall not enter into voluntary dissolution without first having transferred its said system wid I?tcilities tiff some pursnn. corporation or other entit" acceptable to and approved by the COMMISSION by the issuance of a permit. 7. The ASSOCIATION shall not transfer, convey- assign or otherwise relinquish or release its re:sponsibilit% ^\, for the operation and rnainteilance of its Disposal Svstelni until a permit has been reissued (o 11w ,ASSOCIATION-S successor. s. The agreements set forth in minihered paragraphs 1. 2. 3. 4. i.6.and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION forthc construction. maintenance,repair and operation of the Disposal System. {). A copy of this agreement shall be tiled at the Register of'Deeds in the Countydexs) where the Declaration is ailed and in talc offices of the Secretan of State elf North Carolina with the Articles of iricorporition ofthe .Association. IN WIT'NI:SS WI11:10"10F, this;agreement was executed in duplicate originals by the ally authorized rc.prescrliatiye ofthe ptirties; hereto on the da), and year written as indicated by each ofthe partle,, named helot: I'()R THE FNVIRO MENTAI. Pine., CondgMinjuilLs. MANAGEMENT COMMISSION Name of ASSOCIATION f! le Coleetl I-I- Sullins, Diz6ctor t•..i natur Division ot,Water01tl.;Ility ..1 Print dame and Title (C)ate) (Date) FORM: H-(..)A 02i01 Page 2 o172