NCG551018_Regional Office Historical File Pre 2018

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
August 17, 2015
Brian Cartee
503 Foxden Court
Hendersonville, NC 28792
SUBJECT: Compliance Evaluation Inspection
146 Triple Creek Drive ( Triple Creek Subdivision)
Permit No: NCG551O18
Henderson County
Dear Mr. Cartee:
Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on
7/31/2015. The Subject permit expired 7/31/12. There are overdue permit fees dating back to 2007. If you have
no .intentions of installing this system, you may request rescission of the permit.
Please refer to the enclosed inspection report for additional observations and comments. If you or your staff
have any questions, please call me at 828-296-4685.
Sincerely,
Beverly Price
Environmental Specialist
Enc.
cc: MSC 1617-Central Files -Basement
�Ashev%1:le-Bile- s
G:\WR\WQ\-Ienderson\Wastewater\GeneralWCG55 SFR\1018 Brian Cartee\CEI15.doc
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal.nedenr.org/web/wq
An Equal Opportunity \ Affirmative Action Employer

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-9'8
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES -yr/mo/day Inspection Type Inspector Fac Type
"
1 IN I 2 15 j 3' I NCG551018 I11 12 15/07/31 17 .'
18 I P I 19 L G j .201
21111111 111111I11II11111
66
Inspection
Work Days Facility Self -Monitoring Evaluation Rating B1 QA
-- —Reserved--- -----
67
70 71.I l 72 � N
LJ
731 I .174 751
I I 11 1" � I I80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
01:OOPM 15/07/31
07/08/01
15 Amber Drive
Exit Time/Date
Permit Expiration Date
15 Amber Dr
Horse Shoe NC 28742
01:30PM 15/07/31
12/07/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Brian Cartee,15 Amber Dr Horse Shoe NC 28742//828-891-4214/
Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Other
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers
Date
Beverly Price �� Division of Water Quality//828-296-4500r
31j-7 •5-
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers
Date
7r js
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#

NPDES yr/mo/day Inspection Type 1
31 NCG551018 I11 12 15/07/31 17 18 i c i
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Facility was never built. According to Mr. Cartee, he does not plan on using this permit as the
City of Hendersonville plans to extend sewer service to this area.
The permit is expired. .
The permit has overdue fees dating back to 2007.
It is recommended that the permit be rescinded if there are no plans to have it installed.
Page# 2

Permit: NCG551018 Owner - Facility: 15 Amber Drive
Inspection Date: 07/31/2015 Inspection Type: Compliance Evaluation
Other Yes No NA NE
Comment:
Page# 3

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'—

Doesnt
Did Not
Yes
No
Apply
investigate
PUM - P TANK YES NO
If no proceed10 the next section.
AM pump and alarm sytems.shall be inspected monthly. (non -discharge)
27. Is the pump working?
0.
ED
El
F-1
28. Are the.audible and visual high water alarms bperational?
0
171,
El
F-I
29. . Does the permittee know how to check the pump & high water alarm?
El
F-1,
F-1
El
30. Lastfunctional test: PUMP AUDIBLE &VISUAL
DISCHARGE ONLY YES No 0
If no proceed to the nextserti on.
A visual review of the outlall location shall be executed Mice each year (one at the time of samplin to ensure no visible solids or evidence of
a malfunction. ,
31. Does th pbrmittee know whe
R re the outfall is located?
ED
El
El
El,
32-- Were you able to locate the outfall?
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F-1
33. Is the- end of -the discharge pipe visible and accessible?
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34. Is outlet discharging?
El
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35, Is right of way1main'tained around the discharge point?
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FT
36. Any Lab Results availablb?
ED
1:1
37., Is there evidence of solids around the discharge point?
El
ED
El
F-1
DRIP or SPRAY YE8 Fj' NO
if po proceed to the next sectio n.
The irrigation system shall. be in�pejced monthly to ensure the system js free of leaks and equipment is operating,as designed.
38.18 the sysitem: DRIP or IRRI - GATION (circle one)? If irrigation -number of
sprinkler heads,
'39' Are the buffers -adequate?
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A C)' Is the site free of Oonding and ru noff7
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41. Does the application equipment appear to beworking,properly?
El
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F-1
0
42. Is there a minimum two wire fence surrounding entire. irrigation area?
F
ED
El
GENERAL
43, Are thefreatment-units locked and or secured?
EJ
F-1
F-1
F-1
Has resident had any sewage problems? if yes explain iK the comment section.
F-1
FI
EJ
F-1
45. Does the system, match- the permit descriptioW2 if no explain, in the comment secrion,
F-1
46. Is the system compliant?
M
F]
0
47. Is the systprp,failing?' If ye7s, take, p�ctures if possple�
-1
F
El
413� If system is failing,any sign of children or animals contacting, sewage?
NOD Sent#... NOV Sent
Comments: Photos Taken?
�`YES
No.
r e.
51115 5 A q 0, V-t,-cJu_
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let A /_0 tts gt:S k,� I
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JINSPECTOR: SIGNATURE.-

Beverly Eaves Perdue
Governor
Ail�
CDENR
North Carolina Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
December 30, 2009
CERTIFIED MAIL 7009-1680-0002-2464-5602 RETURN RECEIPT REQUESTED
THOMAS M BLEICK
3105 ESSEX PATH
HENDERSONVILLE, NC 28791
Dear Mr. Bleick:
,y E
ces AN - 4 2010
WATER QUALITY S�p �11 re ma
i a ASHENILLE REGIONAL lirt I��
Screa ry 'y
SUBJECT: FINAL NOTICE - Delinquent Annual Fee
NPDES Permit NCG551018 (2007, 2008)
Henderson County
This letter is being sent out to facilities that have not yet paid their Annual Compliance Monitoring Fee. This fee requirement is
documented in your current permit in Part 11. B. 14.. Your total annual fees owed, for the permitted facility referenced above, is $110.00.
Copies of each invoice for the permitted facility previously sent by the Division's Budget Office are attached.
Failure to pay the annual fee is grounds for revocation of your permit, as documented in part 11. B. 13 and II. B. 14. This matter must be
promptly. resolved. You will not receive any additional late payment fee request correspondence.
This letter serves as final notice that the Division will refer the fee noted above to the North Carolina Attorney General's Office for
collection through the courts unless payment is received by January 30, 2010: Additional actions to revoke your operating permits
will be initiated as well as referral for collection.
Make checks payable to NC DENR; include the permit numbers and invoice numbers on the check. Send the fee payment to:
Mrs. Fran McPherson
Annual Administering and Compliance Fee Coordinator (919-807-6321)
1617 Mail Service Center
Raleigh, NC 27699-1617
(919-807-6321)
If you have evidence that the fee has already been paid, please contact me at 919-807-6387 or bob.guerra(Dncdenr.gov.
Sincerely,
aa,k�te"
Bob Guerra, Western NPDES Unit
Enclosure: Invoice # 2007PR006020 and 2008PR005918
cc: Central Files
NPDES File
Rog6-r-Edwards Asheville Regional Office, Surface Water Protection
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterqualit .org
An Equal Opportunity iAffirmative Action Employer
No thCarolina
Naturally

RTH CAROLINA DEPARTMENT OF
:ONMENT AND NATURAL RESOURCES
INVOICE
Annual Permit Fee
IVIII�IIIIIVPIIYIIII�I!IAlllllln���lll�
Overdue
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your
permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating
status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation
and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the
understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions.
Permit Number: NCG551018
Henderson County
15 Amber Drive
Thomas M. Bleick
3105 Essex Path
Hendersonvlle, NC 28791
Annual Fee Period: 2007-05-01 to 2008-04-30
Invoice Date: 06/19/07
Due Date: 07/19/07
Annual Fee: $50.00
Notes:
1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512.
2. Non -Payment of this fee by the payment due date will initiate the permit revocation process.
3. Remit payment to:
NCDENR - Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at
919-807-6321.
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -
(Return This Portion With Check)
ANNUAL PERMIT INVOICE
Permit Number: NCG551018
Henderson County
15 Amber Drive
Thomas M. Bleick
3105 Essex Path
Hendersonvlle, NC 28791
I�IIIIII�IIfl�BNVIBIUIII�I��
Overdue
Annual Fee Period: 2007-05-01 to 2008-04-30
Invoice Date: 06/19/07
Due Date: 07/19/07
Annual Fee: $50.00
Check Number:

,RTH CAROLINA DEPARTMENT OF
tONMENT AND NATURAL RESOURCES
INVOICE
Annual Permit Fee
II�i�IIInV�V�'udIIW�I�II��IIVfl
Overdue
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your
permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating
status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation
and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the
understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions.
Permit Number: NCG551018
Henderson County
15 Amber Drive
Thomas M. Bleick
3105 Essex Path
Hendersonvlle, NC 28791
Annual Fee Period: 2008-05-01 to 2009-04-30
Invoice Date: 06/18/08
Due Date: 07/18/08
Annual Fee: $60.00
Notes:
1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512.
2. Non -Payment of this fee by the payment due date will initiate the permit revocation process.
3. Remit payment to:
NCDENR - Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at
919-807-6321.
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -
(Return This Portion With Check)
ANNUAL PERMIT INVOICE
Permit Number: NCG551018
Henderson County
15 Amber Drive
Thomas M. Bleick
3105 Essex Path
Hendersonvlle, NC 28791
IIIIIIIII�III' I��WhIIVIIIIIUII���RI
Overdue
Annual Fee Period: 2008-05-01 to 2009-04-30
Invoice Date: 06/18/08
Due Date: 07/18/08
Annual Fee: $60.00
Check Number:

e��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Coleen H. Sullins, Director
July 27, 2007
Brian Cartee
15 Amber Drive
Horse Shoe, NC 28742
Subject: Renewal of coverage / General Permit NCG550000
15 Amber Drive
Certificate of Coverage NCG551018
Henderson County
Dear Permittee:
In accordance with your renewal application [received on March 30, 20071, the Division is renewing
Certificate of Coverage (CoC) NCG551018 to discharge under NCG550000. This CoC is issued pursuant to the
requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North
Carolina and the US Environmental Protection agency dated May 9, 1994 [or as subsequently amended].
If any parts, measurement frequencies or sampling requirements contained in this General Permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, the certificate of coverage shall be final and binding.
Please take notice that this Certificate of Coverage is not transferable except after notice to the
Division. The Division may require modification or revocation and reissuance of the certificate of coverage.
Contact the Asheville Regional Office prior to any sale or transfer of the permitted facility.
Regional Office staff will assist you in documenting the transfer of this CoC.
This permit does not affect the legal requirements to obtain other permits which may be required by
the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area
Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concerning the requirements of the General Permit, please contact Toya
Fields [919 733-5083, extension 551 or [e-mail] or Susan Wilson [919 733-5083, extension 510
or [e-mail]].
Sincerely,
for Coleen H.
cc: Central Files
NPDES file
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: www.newaterquality.org
illins (i; (E
7J,
L 3 1 2007
i t
i TER, QUALITY SECTION
ASHEVIL.LE REGIONAL OFFICE y
- One
N6ft -Cawhina A
Q
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NCG550000
CERTIFICATE OF COVERAGE NCG551018
DISCHARGE OF DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND
OTHER 100% DOMESTIC DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and
the Federal Water Pollution Control Act, as amended,
Brian Cartee
is hereby authorized to discharge domestic wastewater [360 GPD] from a facility located at
15 Amber Drive
Horse Shoe
Henderson County
to receiving waters designated as Mill Pond Creek in subbasin 04-03-02 of the French
Broad River Basin in accordance with the effluent limitations, monitoring requirements,
and other conditions set forth in Parts I, II, III and IV hereof.
This certificate of coverage shall become effective August 1, 2007.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July 27, 2007.
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

4 7�A,
NCDENR
JAN 1 6 2007
North Carolina Department of Environment and Oat ral F�esources
Division of Water Quality ► WATER OW'I (Y SECT� .Jw
Michael F. Easley, Governor A�/lliflfrn.'.G�,Ro s;_Jr., Secreta
Alan W. Klimek, P.E., Director
January 9, 2007
Brain Cartee
15 Amber Dr
Horse Shoe, NC 28742
Subject: Renewal Notice / General Permit NCG550000
Certificate of Coverage NCG551018
Henderson County
Dear Permittee:
You are receiving this notice because you currently own a property covered under the subject
General Permit for the discharge of domestic wastewater. NCG550000 will expire on July 31, 2007.
Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require
that permit renewal applications be filed at least 180 days prior to expiration of the current permit.
To satisfy this requirement, the Division must receive a renewal request postmarked no later than
February 1, 2007.
The Certificate of Coverage (CoC) specific to your property was last issued on May 3, 2002.
The Division needs information from you to determine if coverage under NCG550000 is still
necessary.
9 If your property still has a wastewater system like the ones described in the enclosed
Technical Bulletin, you must renew the subject CoC. Complete the enclosed form and
submit it to the address on the form.
9 If you are not sure what type of system your property has, contact Keith Haynes in the
NC DENR Asheville Regional Office at. That person [or other staff members] can help
you determine if you should renew your CoC.
If you know that your property no longer discharges wastewater, contact me at the
address or phone number listed below to request rescission of the CoC.
9 This information request does not mertain to the Annual Fee of $50.00 billed
seuarately by the Division's BudL-et Office. No monev is required for this
procedure. The Annual Fee is like the fee you annually pay the DMV for the sticker on
your vehicle's license plate. Renewal of your CoC is like the renewal of your Driver's
License [ca. every five years].
If you have already mailed a renewal request, you may disregard this notice.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone], extension 511 / FAX [phone] / [e-mail]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
NorthCarohna
Naturally

NCG551018 renewal notice
January 9, 2007
The attached application form shows the information the Division has on file for your
property. Please verify that the provided information is correct, or make corrections on the form.
Complete the additional questions, then sign and date the form.
The completed form should be submitted to the address listed below the signature block.
If you have any questions concerning this matter, please contact me at the telephone number
or e-mail address listed below. (If it is difficult to reach me, please be aware that your facility is one
of over 1100 that I am contacting regarding the renewal of NCG550000.)
Thanks for your attention to this matter.
Sincerely,
1
Charles H. Weaver, Jr.
NPDES Unit
cc: Central Files
NPDES file

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCG551018 111 121 06/08/28 117 181 CI 191 SI 20I II
Remarks
21IIII IIIIIIII IIIIIIIIIIIIIIIIIIIIIIII IIIIII11II16
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ---- ------- ----- ------- Reserved --- —-------------- --
67I 169 701 I 711 I 721 NJ 73I I 174 751I 11 I I I 180
w
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)
S & N Properties Inc - Lot 5 SFR
01:40 PM 06/08/28
02/05/03
Exit Time/Date
Permit Expiration Date
Triple Creek Subdivision Lot 28
Hendersonville NC 28739
02:10 PM 06/08/28
07/07/31
Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Norton Segal,500 Crooked Creek Ln Hendersonville NC Contacted
28739/Secretary/828-697-7334/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Facility Site Review
Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Larry Frost ARO WQ//828-296-4500 Ext.4658/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

PP
PNPDES
3I NCG551018 I11
yr/mo/day Inspection Type
12I 06/08/28 I17 18ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
This facility has yet to be built.
Page # 2

United States Environmental Protection Agency
Washington, D.C. 20460
EPA
Form Approved.
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 U 2 U 31 NCG551018 111 121 05/09/20 1 17 18 u 19 U 20 H
Remarks
211111 1111 1111111111111111111111111111 Jill 111111166
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ----- ------ ------ ----- Reserved ----------------- ---
671 1 69 70 u 71 U 72 U 73 W 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
S & N Properties Inc - Lot 5 SFR
11:15 AM 05/09/20
02/05/03
Exit Time/Date
Permit Expiration Date
Triple Creek Subdivision Lot 28
Hendersonville NC 28739
11:19 AM 05/09/20
07/07/31
Name(s) of Onsite Representative(s)lFitles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Norton Segal,500 Crooked Creek Ln Hendersonville NC Contacted
28739/Secretary/828-697-7334/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Larry Frost ARO WQ//826-296-4500 Ext.4658/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.

t
NPDES yr/mo/day Inspection Type
3I NCG551018 111 12, 05/09/20 I17 181 C i
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The site has been partially cleared, however ther has been no construction begun

Michael F. Easley
9
QG T Governor
V r ' � William G. Ross Jr., Secretary
` Department of Environment and Natural Resources
O Greg J. Thorpe, Ph.D, Acting Director
Division of Water Quality
May 3, 2002 iIM N 0 W _N
Mr. Norton SegalMAY ?_ 8 2002 ' 1
S & N Properties, Inc.
500 Crooked Creek Lane
Hendersonville, NC 27320 UALITY SEL'i10PlJ
1Si1EVILLEREG10sU OFFICE__ s!
Subject: General Permit NCG550000
Cert. of Coverage NCG551018
Authorization to Construct
Triple Creek Subdivision, Lot# 5
Henderson County
Dear Mr. Segal:
In accordance with your application for an NPDES discharge permit received March 22, 1999 by the Division, we
have issued the Certificate of Coverage and Authorization to Construct under the state-NPDES general permit for S & N
Properties, Inc. in accordance with the agreement reaches in the attached CONSENT AGREEMENT AND SETTLEMENT
and ADDENDUM TO THE RESTRICTIVE COVENANTS FOR TRIPLE CREEK SUBDIVISION. Authorization is hereby
granted by this letter for the construction of a 360 GPD wastewater treatment system consisting of a septic tank with a
minimum capacity of 1250 gallons, distribution box, two 160 square foot (5'X32') primary sandfilters, with a loading rate of
not more than 1.15 GPD/square foot for each primary sandfilter, 160 square foot (5'X 32') secondary sandfilter with a
loading rate of not more than 2.30 GPD/square foot, chlorination unit, chlorine contact tank and rip rap cascade aeration
with a discharge of treated wastewater into Mill Pond Creek classified WS-IV waters in the French Broad River Basin. All
elbow piping must be of the long sweeping type,: All cleanouts are to be housed in meter boxes below the surface. This
system must be at least 10 feet from the dwelling and property lines and at least 100 feet from water supply wells on and
off the site. The system must also be constructed and located above a 100 year flood. Sandfilters must be lined with a
minimum 30 mil polyethylene liner.
If any parts, measurement frequencies or sampling requirements contained in this general permit are
unacceptable to you, you have the right to submit an individual permit application and letter requesting coverage under an
individual permit. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is
not transferable. Part II, E.4. addresses the requirements to be followed in case of change of ownership or control of this
discharge.
The Authorization to Construct is issued in accordance with Part III, Paragraph 2 of NPDES Permit No.
NCG550000, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance
with the conditions and limitations specified in Permit No. NCG550000.
In the event that the 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 wastewater treatment or disposal facilities.
The Asheville Regional Office, telephone number 910/251-6208, shall be notified at least forty-eight (48) hours in
advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional
supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday,
excluding State Holidays.
Upon completion of construction and prior to operation of this permitted facility, a certification must be received.
certifying that the permitted facility has been installed in accordance with the NPDES Permit, the Certificate of Coverage,
this A thorization to Construct and the approved Plans and specifications. Mail the Certification to the Stormwater and
Gen ral Permits Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
LIENK,
Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
1 800 623-7748

O� R Michael F. Ea
Govern
Crj r William G. Ross Jr., Secretary
> y Department of Environment and Natural Resources
Q 'C Greg J. Thorpe, Ph.D, Acting Director
Division of Water Quality
A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the
facility.
The sand media of the sandfilters must comply with the Division's sand specifications. The engineer's certification
will be evidence that this certification has been met.
A leakage test shall be performed on the septic tank and dosing tank to insure that any exfiltration occurs at a rate
which does not exceed twenty (20) gallons per twenty-four (24) hour per 1,000 gallons of tank capacity. The engineer's
certification will serve as proof of compliance with this condition.
Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an
enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to
143-215.6C.
The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be required by the Division of Water Quality or permits required by the Division of
Land Resources, the Coastal Area Management Act or any Federal or Local other governmental permit that may be
required.
If you have any questions or need additional information, please contact Mack Wiggins, telephone number
919/733-5083.
cc: Central Files
Asheville -Regional Office, Water Quality
Roosevelt Childress, EPA
Point Source Compliance Enforcement Unit
Henderson County Health Department
Sincerely,
C';'C9NA9..Vvu�
Gregory J. Thorpe, Ph.D
IN
R
Customer Service
1 800 623-7748
Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
CERTIFICATE OF COVERAGE
GENERAL PERMIT NO. NCG551018
TO DISCHARGE DOMESTIC WASTEWATERS FROM SINGLE FAMILY RESIDENCES AND OTHER
DISCHARGES WITH SHAILAR CHARACTERISTICS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
S & N Properties, Inc.
is hereby authorized to operate and construct a wastewater treatment facility that consists of a septic tank,
distribution box, two primary sandfilters, secondary sandfilter, chlorinator, chlorine contact tank, rip rap cascade
aeration and associated appurtenances with the discharge of treated wastewater from a facility located at the
Triple Creek Subdivision
Lot # 5
northwest of Henderson
Henderson County
to receiving waters designated as Mill Pond Creek in the French Broad River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, H, III
and IV hereof.
This certificate of coverage shall become effective May 3, 2002
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 3, 2002
WILUAM C.
Gregory J. Thorpe, Ph.D, Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission

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" NORTH CAROLINA DEPART, EN T OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
August 22, 2000
MEMORANDUM
TO: Tommy Stevens
THROUGH: Greg Thorpe
FROM: Roy Davis
SUBJECT: Settlement Agreement
Stanley Segal/S & N Properties, Inc. v. DENR
OAH File Number 00 EHR 0408
Lots 5,28 & 29
Triple Creek Subdivision
Henderson County
Greg, in accordance with authority granted by you to
represent the Division in mediation in this matter, on August
17, 2000 I agreed to the attached Settlement Agreement. A
final copy for Tommy's signature will be submitted shortly.
This matter arose out of applications by S & N Properties for
Certificates of Coverage for three individual residence
discharging type wastewater treatment systems. The proposed
receiving stream bears a WS IV classification necessitating
concurrence of the Division of Health Services in order for
us to issue the certificates. The Division of Health
Services would not concur in the proposed discharge. On
February 22, 2000 the director signed a letter denying the
applications. The applicant requested an adjudicatory
hearing. The hearing was originally scheduled for August 17,
2000. All parties involved were agreeable to mediation.
Obviously a representative of the Public Water Supply Branch
was at the table since his Agency had all the concerns which
resulted in the Permit Applications being denied. Harold
Saylor, with the Public Water Supply Branch supported the
attached agreement.
Sueanna Sumpter, with the Attorney General's office, is
drafting a Settlement Agreement for the Director' signature.
xc: Forrest Westall
551016M1.00
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INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801-2414
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael Easley., Governor
Bill Ross, Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Memorandum
To: Mac Wiggins
Valery Stephens
From: Bill Mills
Stormwat PrapndGoeneral Permits Unit
Subject: Permitting of S&N Properties, Inc
1 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Feb 8, 2002_ _
Henderson County
(NCG551016, NCG551017, and NCG551018, previously denied)
These three applications were denied back in early 2000, the case has been on appeal since then and a
settlement agreement has now been reached. We are ready to re -open the applications and proceed with
permitting these projects. A copy of the original NOI's, Plans, and Settlement Agreement are attached.
These projects were never carried forward into the BIMS tracking system, so the first thing to do is to
get them into the system under the original permit numbers. We cannot assign the permit numbers in
BIMS, so BIMS will assign new numbers for each -of the three applications and we will ask Darren to
have the new numbers changed to the original numbers in BIMS. (The settlement agreement references
the original numbers so they must be used in issuing the CofC's and Authorizations to Construct.
Valery — please get these into BIMS with new numbers and give the new numbers and old numbers to
Darren, he will get BIMS changed to have them appear under the original numbers. The files can then
be sent forward to Mac for completion of review and drafting of the approvals.
Mac — Once you receive the files from Valery, you will need to contact the project engineer and let him
know that the plans for the effluent holding tanks, required for two of the homes (see the settlement
agreement conditions for this) need to be submitted for review so that approval can be issued. Once you
get the plans for these tanks, get the CofC's and Authorizations to Construct drafted for signature. You
will not need to request additional staff reports and you will not need to asked DEH for approval (they
have already signed off on the Settlement Agreement).
The transmittal letter for the CofC's should make reference to the Settlement Agreement and you can
refer to Roy Davis's memorandum of 1/24/02 for additional information. If either of you have any
questions concerning these matters please let me know, we want. to finish off these applications quickly
now that ttlement has been reached.
Cc: oy Davis
Bradley Bennett
Darren England ,
1617 Mail Service Center, Raleigh, North Carolina.27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
WATER QUALITY SECTION
January 24, 2002
MEMORANDUM
TO: Bradley Bennett
FROM: Roy Davis
SUBJECT: Triple Creek Subdivision
Stanley Segal
S & N Properties, Inc.
Henderson County
A 'T
• •
tAdmaw
NCI)ENF!
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
I am sure you will recall.that on February 22, 2000 we returned to
S & N Properties, Inc. the permit application packages for individual
sewage treatment systems to serve houses proposed for construction on lots
5, 28 & 29 in Triple Creek Subdivision in Henderson County. This action
was taken as a result of the objection to the issuance of these
Certificate of Coverages by the Division of Environmental Health. The
applicant commenced a contested case challenge to our denial
The issues and concerns of the Division of -Environmental Health were
resolved by signing of a CONSENT AGREEMENT AND SETTLEMENT which is
referred to as' File No: 00 EHR 0408 by the Office of Administrative
Hearings. For your ready reference I am attaching a copy of that
agreement. With this settlement we are now in a position to issue the
requested Certificates of Coverage. I would suggest that the cover letter
for each Certificate make mention that the Certificate is being issued in
accordance with the agreement reaches in the CONSENT AGREEMENT AND
SETTLEMENT. As always please do not hesitate to call should I be able to
assist you in this mater.
Enclosure
cc: Sueanna Sumpter
TRIPLECK.02
59 Woodfin Place, Asheville North Carolina 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

STATE¢
ry
`�awnwv``
`fate of �Korth Tarolina
Prjjartnunt of ljustirr
ROY COOPER Suite 300
Attorney General 124 College Street
Asheville, NC 28801
W
DATE: January 9, 2002
TO: Roy M. Davis
DENR
FROM: Sueanna P. Sumpter
Assistant Attorney General
RE: Stanley Segal (S&N Properties Inc.) v. DENR
Triple Creek Subdivision
OAH File No: 00 EHR 0408
Western Office
Phone: [phone]
Fax: [phone]
ENCLOSURE: COPY OF THE CONSENT AGREEMENT AND SETTLEMENT IN THIS CASE.
Thanks.
GG
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FAIN 2. 2 2•
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l�'i_`il� �iil�l•ii��. °.�: f'iG�=
An Equal Opportunity / Affirmative Action Employer
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STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF HENDERSON 00 EHR 0408
Stanley Segal )
S & N Properties, Inc. )
Petitioner, )
V. ) CONSENT AGREEMENT
AND SETTLEMENT
N.C. Department of Environment )
and Natural Resources, )
Respondent. )
The petitioners, Stanley Segal, S&N Properties, Inc. (the
"petitioners," and the respondent, North Carolina Department of
Environment and Natural Resources, Division of Water Quality
("DWQ"), hereby enter into this Consent.Agreement'and Settlement
("Agreement") in order to resolve matters in controversy between
them pursuant to N.C.G.S. § 150B-31(b) This above -captioned
matter arose out of the denial by DWQ of the petitioners'
applications for coverage under General NPDES Permit Number
NCG550000. By making such applications, the petitioners had sought
authorization to discharge treated domestic wastewater into Mill
Pond Creek from each of three wastewater treatment facilities
serving lots numbers 5, 28, and 29 in the Triple Creek Subdivision,
Henderson County, North Carolina, as shown on the Site Master Plan
for the development prepared by William G. Lapsley and dated
November 1997 ("the. Site Master Plan") Petitioners timely

- 2 -
commenced the above -captioned contested case to challenge the DWQ' s
decision.
On 17 August 2000, the parties participated in a mediated
settlement conference which resulted in this Agreement.
Without any trial of fact or law in the above -styled matter,
and without making any admissions of any kind, THE PARTIES AGREE
THAT:
1. Subject to the terms of this Agreement, DWQ will issue
certificates of coverage under General Permit NCG550000 as sought
by petitioners' applications numbers NCG 551018, NCG 551017, and
NCG 551016.
2. Petitioners will not apply for, nor will they receive
individual discharge permits or certificates of coverage under any
General Permit for any other lot in Triple Creek Subdivision as it
is depicted on the Site Master Plan.
3. The prohibition contained in paragraph two (2) above will
run with the land, will be binding upon all subsequent owners of
the property, and will be incorporated in the deeds for all lots
which are currently unsold, including lots 1, 2, 3, 4, and 6 as
shown on the Site Master Plan.
4. The following requirements will run with the land, will
be incorporated into the deeds for lots 5, 28, and 29, will be
binding upon petitioner and all subsequent owners of the property,

- 3 -
will be in addition to those contained in the General Permit or
certification, and shall be enforceable by the respondent as if
they were conditions of the General Permit or certification for
each of these three lots:
A. Every six months, the discharge effluent for
each of the sand filter systems for Lots 5, 28, and 29
shall be sampled by a certified operator for four
parameters: BOD5, suspended solids, fecal coliform, and
residual chlorine. Analyses for BOD5, suspended solids,
and fecal coliform shall be done by a State -certified
laboratory. Analysis for residual chlorine shall be done
on -site. The sample results shall be submitted to the
DWQ at the following address:
Forrest R. Westall
Regional Water. Quality Supervisor
DENR, Division of Water Quality
Interchange Building
59 Woodfin Place
Asheville NC 28801.
Results for the first three listed parameters shall not
exceed relevant water quality standards established in
the rules of the Environmental Management Commission or
limits established by the General. Permit. Residual
chlorine -shall be positive, but shall not exceed any
relevant water quality standard or limit contained in the
General Permit. It shall be the responsibility of the
homeowner to have such sampling, analysis, and reporting
done.
B. Should standards be exceeded for fecal
coliform, retesting shall be performed weekly for four
consecutive weeks. If exceedences still exist, a test
for the organisms giardia and cryptosporidium shall be
performed by a State -certified laboratory. If these
organisms are detected in the effluent, the homeowner
shall comply with the directives of the. Division of
Environmental Health ("DEH"), DENR. It shall be the
responsibility of the homeowners to have such sampling

4 -
and analysis done, and to take such corrective and
preventative measures as the DEH may direct.
C. Each owner of Lots 5, 28, and 29 shall cause
the sand filter system for his/her lot to be inspected
every six months by a Certified operator for proper
operation and maintenance.
D. Each owner of Lots 5, 28, and 29 shall cause
the septic tank on his/her lot to be pumped out every
three years, shall lawfully dispose of the waste removed,
and shall provide evidence to the DWQ that such has
occurred.
E. Each owner of Lots 5, 28, and 29 shall cause
his/her lot to be connected to the public sewer when that
option becomes available in the Triple Creek Subdivision.
5. Each treatment system for Lots 28 and 29 shall have
incorporated into its design and installation a storage tank at the
pump with at least 5 days effluent storage capacity above the pump -
on level.
6. Petitioners have prepared a handout meeting the approval
of the DWQ and providing general information about the sand filter
systems and detailed information about all of the maintenance,
operation, inspection, monitoring and analysis, and pumping
requirements imposed under the General Permit, the certification
issued thereunder, this Agreement, or under operation of law. A
copy of the handout is attached and incorporated by reference
herein. Petitioners shall ensure that each original purchaser of
Lots 5, 28, and 29 receives this handout and signs a form
indicating that he/she has read the handout.and understands that

- 5 -
these requirements are imposed upon him/her. The handout shall
require that it be passed on to all subsequent purchasers.
7. Petitioners shall file with the Office of Administrative
Hearings a withdrawal of their petition for contested case hearing
within ten days following full execution of this Agreement.
8. Petitioner has prepared an addendum to the restrictive
covenants for the Triple Creek Subdivision presently on record, and
agrees to record the addendum in the Office of the Register of
Deeds. for Henderson County. A copy of the addendum is attached,
marked as "Exhibit A," and incorporated by reference herein.
Petitioner agrees to reference the said addendum in each of the
deeds it executes for lots 1, 2, 3, 4, 5, 6'1 28, and 29.
9. This agreement is. executed in duplicate originals.
Petitioner shall attach an original to the addendum to restrictive
covenants described in paragraph 8, above.
MULLINAX AND ALEXANDER
Attorneys for the petitioner
By. 4
Theron E. Mifllinax, Jr.
P.O. Box 1164
Hendersonville NC 28793
Date: Alr,,
MICHAEL F. EASLEY
Attorney General
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
124.College Street, Suite 300
Asheville NC 28801
Date: % o_ 00 f

DIVISION OF WATER QUALITY
i
By:
Dire G%i
DENR Di ision of W ter Quality
1617 M 1 Service Center
Raleigh NC 27699-1617
Date:
C �'�

TRIPLE CREEK SUBDIVISION
DISCHARGING SAND FILTER
WASTEWATER TREATMENT SYSTEM
NOTICE TO HOMEOWNER:
This it to advise you that your residence has a special on -site wastewater
Treatment system called a "Discharging Sand Filter System".
This system consists of a septic tank, subsurface sand filter and effluent
chlorination system, all of which are located on your residential property identified as lot
#5, in the Triple Creek Subdivision.
REASON FOR SPECIAL SYSTEM:
The majority of the lots within the Triple Creek Subdivision have individual
on -site wastewater systems that discharge effluent to a subsurface nitrification field. The
natural soil conditions on your lot will not meet the minimum requirement for this type
system as regulated by the State of North Carolina and the Henderson County
Department of Public Health.
The State of North Carolina has issued a permit to construct an alternative
"discharging sand filter system" for your residential lot. This is required to allow
construction and occupancy of your residence.
SYSTEM DESCRIPTION:
This wastewater treatment system has several components which have been designed by
a licensed professional engineer and permitted by the State of North Carolina..
These components are as follows:
1. Septic Tank — This buried precast concrete tank receives the wastewater from your
residence. The solid material is separated (by settling) from the liquid inside the tank
by a baffle wall. A natural biological process provides proper treatment before the
liquid is discharge from the outlet end of the tank.
2. Subsurface Sand Filter — This component consists of a layer of special sand and
gravel that is "wrapped" in a nonporous fabric. The effluent from the septic tank is
discharged to the top of the sand layer and it "filters" down to the bottom of the trench.
This filter provides additional treatment'of the wastewater to a "tertiary" level.
3. Chlorine Contact Chamber — The Chlorinated effluent wastewater from the sand
filter passes over a tablet which dissolves to add chlorine to the water. The chlorine
dosage is high enough to kill any harmful bacteria remaining in the effluent.
4. Discharge Line — The chlorinated effluent wastewater is then transported by a
pipeline to the edge of Mill Pond Creek where it is discharged.

A copy of the approved construction plans and specifications are attached to this
document. Additional copies can be obtained from the design engineer, William G.
Lapsley & Associates, P.A., 1635 Asheville Highway, Hendersonville, NC 28791.
SYSTEM MAINTENANCE:
This wastewater treatment system will require periodic maintenance to insure
proper long term performance. The following items should be routinely checked by the
homeowner:
(1) Septic Tank — The level of solids (sludge) in the tank should be checked at least
every 2 years. Periodic removal of these solids by a licensed septic tank cleaning
contractor can be expected.
(2) Chlorine Contact Chamber — The tablet chlorinator will require periodic
examination and restocking of the tablets. It is expected that the tablets in the
chamber will last 90 — 120 days.
(3) Discharge Line — The end of the pipe at the receiving stream should be periodically
checked to make sure it is not plugged with debris. Water quality is to be checked
periodically at this location so the pipe must remain open to the effluent discharge.
SYSTEM MONITORING:
The State of North Carolina has issued a permit authorizing the construction of
this system and the discharge of treated effluent to the stream. The issuance of this
permit is conditioned upon several factors — one of which is the proper quality of the
effluent water being discharged to the stream.
The effluent will be sampled and tested several times during the first year of its
operation. After a period of successful test results the sampling will be required only
once per year. (See permit for exact requirements).
It should be noted that this permit can be revoked if the wastewater treatment
system fails to produce an effluent which meets the specified water quality standards.
ASSISTANCE:
The homeowner is encouraged to contact any of the following offices for
assistance:

Engineer/Designer: William G. Lapsley & Associates, P.A.
1635 Asheville Highway
Hendersonville, NC 28791
[phone]
Henderson County
Public Health Dept:
State of North Carolina -
Division of Water Quality
WGL 12/22/00
Environmental Health Section
1347 Spartanburg Highway
Hendersonville, NC 28792
[phone]
Asheville Regional Office
59 Woodfin Place
Asheville, NC 28801
[phone]

TRIPLE CREEK SUBDIVISION
DISCHARGING SAND FILTER
WASTEWATER TREATMENT SYSTEM
NOTICE TO HOMEOWNER:
This it to advise you that your residence has a special on -site wastewater
Treatment system called a "Discharging Sand Filter System".
This system consists of a septic tank, subsurface sand filter and effluent
chlorination system, all of which are located on your residential property identified as lot
k8, in the Triple Creek Subdivision.
REASON FOR SPECIAL SYSTEM:
The majority of the lots within the Triple Creek Subdivision have individual
on -site wastewater systems that discharge effluent to a subsurface nitrification field. The
natural soil conditions on your lot will not meet the minimum requirement for this type
system as regulated by the State of North Carolina and the Henderson County
Department of Public Health.
The State of North Carolina has issued a permit to construct an alternative
"discharging sand filter system" for your residential lot. This is required to allow
construction and occupancy of your residence.
SYSTEM DESCRIPTION:
This wastewater treatment system has several components which have been designed by
a licensed professional engineer and permitted by the State of North Carolina..
These components are as follows:
1. Septic Tank — This buried precast concrete tank receives the wastewater from your
residence. The solid material is separated (by settling) from the liquid inside the tank
by a baffle wall. A natural biological process provides proper treatment before the
liquid is discharge from the outlet end of the tank.
2. Subsurface Sand Filter — This component consists of a layer of special sand and
gravel that is "wrapped" in a nonporous fabric. The effluent from the septic tank is
discharged to the top of the sand layer and it "filters" down to the bottom of the trench.
This filter provides additional treatment of the wastewater to a "tertiary" level.
3. Chlorine Contact Chamber — The Chlorinated effluent wastewater from the sand
filter passes over a tablet which dissolves to add chlorine to the water. The chlorine
dosage is high enough to kill any harmful bacteria remaining in the effluent.
4. Discharge Line — The chlorinated effluent wastewater is then transported by a
pipeline to the edge of Mill Pond Creek where it is discharged.

A copy of the approved construction plans and specifications are attached to this
document. Additional copies can be obtained from the design engineer, William G.
Lapsley & Associates, P.A., 1635 Asheville Highway, Hendersonville, NC 28791.
SYSTEM MAINTENANCE:
This wastewater treatment system will require periodic maintenance to insure
proper long term performance. The following items should be routinely checked by the
homeowner:
(1) Septic Tank — The level of solids (sludge) in the tank should be checked at least
every 2 years. Periodic removal of these solids by a licensed septic tank cleaning
contractor can be expected.
(2) Chlorine Contact Chamber — The tablet chlorinator will require periodic
examination and restocking of the tablets. It is expected that the tablets in the
chamber will last 90 — 120 days.
(3) Discharge Line — The end of the pipe at the receiving stream should be periodically
checked to make sure it is not plugged with debris. Water quality is to be checked
periodically at this location so the pipe must remain open to the effluent discharge.
SYSTEM MONITORING:
The State of North Carolina has issued a permit authorizing the construction of
this system and the discharge of treated effluent to the stream. The issuance of this
permit is conditioned upon several factors — one of which is the proper quality of the
effluent water being discharged to the stream.
The effluent will be sampled and tested several times during the first year of its
operation. After a period of successful test results the sampling will be required only
once per year. (See permit for exact requirements).
It should be noted that this permit can be revoked if the wastewater treatment
system fails to produce an effluent which meets the specified water quality standards.
ASSISTANCE:
The homeowner is encouraged to contact any of the following offices for
assistance:

Engineer/Designer:
Henderson County
Public Health Dept:
State of North .Carolina -
Division of Water Quality
WGL 12/22/00
William G. Lapsley & Associates, P.A.
1635 Asheville Highway
Hendersonville, NC 28791
[phone]
Environmental Health Section
1347 Spartanburg Highway
Hendersonville, NC 28792
[phone]
Asheville Regional Office
59 Woodfin Place
Asheville, NC 28801
[phone]

TRIPLE CREEK SUBDIVISION
DISCHARGING SAND FILTER
WASTEWATER TREATMENT SYSTEM
NOTICE TO HOMEOWNER:
This it to advise you that your residence has a special on -site wastewater
Treatment system called a "Discharging Sand Filter System".
This system consists of a septic tank, subsurface sand filter and effluent
chlorination system, all of which are located on your residential property identified as lot
#29, in the Triple Creek Subdivision.
REASON FOR SPECIAL SYSTEM:
The majority of the lots within the Triple Creek Subdivision have individual
on -site wastewater systems that discharge effluent to a subsurface nitrification field. The
natural soil conditions on your lot will not meet the minimum requirement for this type
system as regulated by the State of North Carolina and the Henderson County
Department of Public Health.
The State of North Carolina has issued a permit to construct an alternative
"discharging sand filter system" for your residential lot. This is required to allow
construction and occupancy of your residence.
SYSTEM DESCRIPTION:
This wastewater treatment system has several components which have been designed by
a licensed professional engineer and permitted by the State of North Carolina..
These components are as follows:
1. Septic Tank — This buried precast concrete tank receives the wastewater from your
residence. ' The solid material is separated (by settling) from the liquid inside the tank
by a baffle wall. A natural biological process provides proper treatment before the
liquid is discharge from the outlet end of the tank.
2. Subsurface. Sand Filter — This component consists of a layer of special sand and
gravel that is "wrapped" in a nonporous fabric. The effluent from the septic tank is
discharged to the top of the sand layer and it "filters" down to the bottom of the trench.
This filter provides additional treatment of the wastewater to a "tertiary" level.
Chlorine Contact Chamber — The Chlorinated effluent wastewater from the sand
filter :passes over a tablet which dissolves to add chlorine to the water. The chlorine
dosage is high enough to kill any harmful bacteria remaining in the effluent.
4. Discharge Line — The chlorinated effluent wastewater is then transported by a
pipeline to the edge of Mill Pond Creek where it is discharged.

A copy of the approved construction plans and specifications are attached to this
document. Additional copies can be obtained from the design engineer, William G.
Lapsley & Associates, P.A., 1635 Asheville Highway, Hendersonville, NC 28791.
SYSTEM MAINTENANCE:
This wastewater treatment system will require periodic maintenance to insure
proper long term performance. The following items should be routinely checked by the
homeowner:
(1) Septic Tank — The level of solids (sludge) in the tank should be checked at least
every 2 years. Periodic removal of these solids by a licensed septic tank cleaning
contractor can be expected.
(2) Chlorine Contact Chamber - The tablet chlorinator will require periodic .
examination and restocking of the tablets. It is expected that the tablets in the
chamber will last 90 — 120 days.
(3) Discharge Line — The end of the pipe at the receiving stream should be periodically
checked to make sure it is not plugged with debris. Water quality is to be checked
periodically at this location so the pipe must remain open to the effluent discharge.
SYSTEM MONITORING:
The State of North Carolina has issued a permit authorizing the construction of
this system and the discharge of treated effluent to the stream. The issuance of this
permit is conditioned upon several factors — one of which is the proper quality of the
effluent water being discharged to the stream.
The effluent will be sampled and tested several times during the first year of its
operation. After a period of successful test results the sampling will be required only
once per year. (See permit for exact requirements).
It should be noted that this permit can be revoked if the wastewater treatment
system fails to produce an effluent which meets the specified water quality standards.
ASSISTANCE:
The homeowner is encouraged to contact any of the following offices for
assistance:

Engineer/Designer: William G. Lapsley & Associates, P.A.
1635 Asheville Highway
Hendersonville, NC 28791
[phone]
Henderson County
Public Health Dept:
State of North Carolina -
Division of Water Quality
WGL 12/22/00
Environmental Health Section
1347 Spartanburg Highway
Hendersonville, NC 28792
[phone]
Asheville Regional Office
59 Woodfin Place
Asheville, NC 28801
[phone]

STATE OF NORTH CAROLINA ADDENDUM TO THE RESTRICTIVE
COVENANTS FOR
HENDERSON COUNTY TRIPLE CREEK SUBDIVISION
THIS ADDENDUM TO THE RESTRICTIVE COVENANTS for Triple Creek Subdivision is
made and entered into this the 8 day .of NIV 2001;
This addendum by S & N Properties, Inc., the Developer of Triple Creek Subdivision: is made
pursuant to a settlement agreement between the developer of the subdivision and the North
Carolina Department of Environment and Natural Resources. The developer now wishes to
make additions to the covenants so that they include the requirements set forth in that settlement
agreement;
And the North Carolina Department of Environment and Natural Resources shall have the right
to enforce such amendment to the covenants:
NOW, THEREFORE, this indenture;
Although the majority of lots within Triple Creek Subdivision have on -site wastewater
systems that discharge effluent to a subsurface nitrification field, the condition of the soil
found on lots 5, 28, 29 of the subdivision will not meet the minimum requirements
established by the State of North Carolina and the Henderson County Department of Public
Health to possess such a system for sewage disposal.
2. The North Carolina Department of Environment and Natural Resources has agreed to allow
the owner of lots 5, 28, 29 to construct a sewage disposal system that differs from those
found on others lots within the subdivision. These lots will possess filtration systems and
will discharge treated waste water into Mill Pond Creek.
3. Each owner/purchaser of Lots 5, 28, or 29 must comply at their expense with the
requirements of the certificate of coverage under General Permit NCG550000, issued by the
North Carolina Department of Environmental and Natural Resources; the General Permit,
itself; and with the terms of a Settlement Agreement which is attached, marked as "Exhibit
A," and incorporated by reference herein. These requirements shall run with the land and
shall be binding upon all subsequent owners of the property.
The developer will not apply for, nor will it receive individual discharge permits or
certificates of coverage under any General Permit for any other lot not approved for on -site
waster=water systems in Triple Creek Subdivision as it is depicted on the Site Master Plan.
This prohibition will apply to Lots 1, 2, 3, 4, and 6 as shown on Plat of Triple Creek filed at
Slide 2914 of the Henderson County. Registry.
1 of 2

5. The prohibition found in paragraph four (4) above will run with the land, will be binding
upon all subsequent owners of the property, and will be incorporated in the deeds for all
affected lots that are currently unsold.
6. This instrument and its requirements shall run with the land and supplement the. Declaration
of Restrictions and Protective Covenants for Triple Creek Subdivision recorded in deed book
980 at page 88 of the Henderson County Registry.
7. There is also attached to this addendum to the restrictive covenants, a copy of the consent
agreement and settlement between the undersigned developer and the North Carolina
Department of Environment and Natural Resources, and the terms and requirements of said
consent agreement are hereby incorporated herein as if fully set forth.
The undersigned developer does also by its signature hereon ratify the remaining terms and
conditions of the covenants and restrictions set out in Deed Book 980 at Page 88 of the
Henderson County Registry.
{Affix Corporate Seal}.
Attest:
(seal)
Secretary
STATE OF NORTH CAROLINA.
COUNTY OF, HENDERSON
S & N Properties, Inc.
(seal)
By: () Presid t
��j/14,L—Notary Public of the County and State aforesaid, certify
that personally came before me this day and acknowledged
thatshe is Secretary of S & Properties, Inc., a North Carolina Corporation, and that by authority
duly given and as the act of the corporation, the foregoing instrument was signed in its name by
its President, saale4 w it i r ,r., and attested by him as its Secretary.
Witness my hand and official stamp or seal, this the day of , 2001.
(Affix Notar eeal fll
aJ�n
9• 0 �
'a. 0, R S0;A
o°"�anaosoaoj6aaa
2 of 2
Notary Public
My commission expires: S

STATE n
d
s i pn
Pepal-t nent of iJustite
ROY COOPER Suite 300 Western Office
Attorney General 124 College Street Phone: [phone]
MEMORANDUM Asheville, NC 28801 Fax: [phone]
ATTORNEY -CLIENT COMMUNICATION
Privileged and Not Public Record
TO: Pam Whitley --
Division of Water Quality
C� E
FROM: Sueanna P. Sumpter
t�OV 1 9 20a
Assistant Attorney General --
I � I.
DATE: 16 November 2001 L 1,Ifi!ER pUALITY SECTiO�J
111lJ_- EGI00AL
SUBJECT: Segal v. DENR, DWQ
OAH File No. 00 EHR 0408
Enclosed are the original and 3 copies of the settlement documents negotiated in the above -
referenced matter. As I indicated in my telephone message, this case was settled in August 2000 at
mediation. Roy Davis of the Asheville Regional Office signed the memorandum of settlement on behalf
of the Division, and a copy of that document is enclosed for the Director's information. Please ask the
Director to execute the formal settlement agreement at the marked spaces and return to me. Please be sure
to keep a copy for your records.
Please call me if you have any questions or wish to discuss this matter.
/SPS
Enclosures
xc: Roy M. Davis (w/o enc)
An Equal Opportunity / Affirmative Action Employer rM/

Oct 18 '01 15:19 P.01/16
ROY COOPER sullb; 300
AllomeyGenerul
Mhevillq,-NC'28801
PAGSWILE. TRANSIMIS.S104-C
Note: The informiktiort. c ' itilhdd Ift this
of the individual "or enti,tv- Aiiri'
hereby naii e;riie iiion,,-distdbUti6.nl6ttopy of-Ahli
racelived1thils tiliecbpy 6i.bj tili
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at the address 96"ol'v*a"".vi:.a:,.L,U*,il,:t,ba,6,tg,:tes Postal
DATE:
October 10,
TO:
Rb A D VIS
Division 01
FAX NUM8Ek:
.251-64512
FROM:
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SUBJECT;
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and return the original rn D29866 to'us
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An Equal Opportunity / Affirmative Action Employer

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ROY COOPER
Attorney General
Theron E. Mullinax, Jr., Esq.
Mullinax & Alexander
P.O. Box 1164
Hendersonville NC 28793
17 e of �KO #4 TarjaCina
PepaiiMent of Uustire
Suite 300
124 College Street
Asheville, NC 28801
6 September 2001
RE: Segal v. DENR
OAH File No. 00 EHR 0408
Dear Tim:
Western Office
Phone: [phone]
Fax: [phone]
As we discussed earlier, I am sending you the amended settlement agreement. I have enclosed
duplicate originals of the agreement, and a redlined copy showing the changes made. We will need to
attach final versions of the handout and addendum to restrictive covenants, which I understand have been
amended in accordance with our earlier discussions. Could you fax me copies of those documents for my
records? Once your client has executed the settlement agreement, please return the originals to me for
signature by my client.
Thanks again for your help in resolving this matter.
/SPS
VI-'X"C: Roy M. Davis
Sincerely,
Sueanna P. Sumpter
Assistant Attorney General
TO
- 7 -001
An Equal Opportunity / Affirmative Action Employer rM/

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
Stanley Segal )
S & N Properties, Inc. )
Petitioner, )
V. )
N.C. Department of Environment )
and Natural Resources, )
Respondent. )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0408
CONSENT AGREEMENT
AND SETTLEMENT
The petitioners, Stanley Segal, S&N Properties, Inc. (the
"petitioners,." and the respondent, North Carolina Department of
Environment and Natural Resources, Division of Water Quality
("DWQ"), hereby enter into this Consent Agreement and Settlement
("Agreement") in order to resolve matters in controversy between
them pursuant to N.C.G.S. § 150B-31(b). This above -captioned
matter arose out of the denial by DWQ of the petitioners'
applications for coverage under General NPDES Permit Number
NCG550000. By making such applications, the petitioners had sought
authorization to discharge treated domestic wastewater into Mill
Pond Creek from each of three wastewater treatment facilities
serving lots numbers 5, 28, and 29 in the Triple Creek Subdivision,
Henderson County, North Carolina, as shown on the Site Master Plan
for the development prepared by William G. Lapsley and dated
November 1997 ("the Site Master Plan"). Petitioners timely

OMM
commenced the above -captioned contested case to challenge the DWQ' s
decision.
On 17 August 2000, the parties participated in a mediated
settlement conference which resulted in this Agreement.
Without any trial of fact or law in the above -styled matter,
and without making any admissions of any kind, THE PARTIES AGREE
NW.i-.1+6
1. Subject to the terms of this Agreement, DWQ will issue
certificates of coverage under General Permit NCG550000 as sought
by petitioners' applications numbers NCG 551018, NCG 551017, and.
NCG 551016.
2. Petitioners will not apply for, nor will they receive
individual discharge permits or certificates of coverage under any
General Permit for any other lot in Triple Creek Subdivision as it
is depicted on the Site Master Plan.
3. The prohibition contained in paragraph two (2) above will
run with the land, will be binding upon all subsequent owners of
the property, and will be incorporated in the deeds for all lots
which are currently unsold, including lots 1, 2, 3, 4, and 6 as
shown on the Site Master Plan.
be
4. The following requirements will run with the land, will
1 be
binding upon petitioner and all subsequent owners of the property,

- 3 -
will be in addition to those contained in the General Permit or
certification, and shall be enforceable by the respondent as if
they were conditions of the General Permit or certification for
each of these three lots:
A. Every six months, the discharge effluent for
each of the sand filter systems for Lots 5, 28, and 29
shall be sampled by a certified operator for four
parameters: BOD5, suspended solids, fecal coliform, and
residual chlorine. Analyses for BOD5, suspended solids,
and fecal coliform shall be done by a State -certified
laboratory. Analysis for residual chlorine shall be done
on -site. The sample results shall be submitted to the
DWQ at the.following address:
Forrest R. Westall
Regional Water Quality Supervisor
DENR, Division of Water Quality
Interchange Building
59 Woodfin Place
Asheville NC 28801.
Results for the first three listed parameters shall not
exceed relevant water quality standards established in
the rules of the Environmental Management Commission or
limits established by the General Permit. Residual
chlorine shall be positive, but shall not exceed any
relevant water quality standard or limit contained in the
General Permit. It shall be the responsibility of the
homeowner to have such sampling, analysis, and reporting
done.
B. Should standards be exceeded for fecal
coliform, retesting shall be performed weekly for four
consecutive weeks. If exceedences still exist, a test
for the organisms giardia and cryptosporidium shall be
performed by a State -certified laboratory. If these
organisms are detected in the effluent, the homeowner
shall comply with the directives of the Division of
Environmental Health ("DEH"), DENR. It shall be the
responsibility of the homeowners to have such sampling

t
- 4 -
and analysis done, and to take such corrective and
preventative measures as the DEH may direct.
C. Each owner of Lots 5, 28, and 29 shall cause
the sand filter system for his/her lot to be inspected
every six months by a certified operator for proper
operation and maintenance.
D. Each owner of Lots 5, 28, and 29 shall cause
the septic tank on his/her lot to be pumped out every
three years, shall lawfully dispose of the waste removed,
and shall provide evidence to the DWQ that such has
occurred.
E. Each owner of Lots 5, 28, and 29.shall cause
his/her lot to be connected to the public sewer when that
option becomes available in the Triple Creek Subdivision.
5. Each treatment system for Lots 28 and 29 shall have
incorporated into its design and installation a storage tank at the
pump with at least 5 days effluent storage capacity above the pump -
on level.
6. Petitioners have prepared a handout meeting the approval
of the DWQ and providing general information about the sand filter
systems and detailed information about all of the maintenance,
operation, inspection, monitoring and analysis, and pumping
requirements imposed under the General Permit, the certification
issued thereunder, this Agreement,'or under operation of law. A
copy of the handout is attached and incorporated by reference
herein. Petitioners shall ensure that each original purchaser of
Lots 5, 28, and 29 receives this handout and signs a form
indicating that he/she has read the handout and.understands that

- 5 -
these requirements are imposed upon him/her. The handout shall
require that it be passed on to all subsequent purchasers.
7. Petitioners shall file with the Office of Administrative
Hearings a withdrawal of their petition for contested case hearing
within ten days following full execution of this Agreement.
8. Petitioner has prepared an addendum to the restrictive
covenants for the Triple Creek Subdivision presently on record, and
agrees to record the addendum in the Office of the Register of
Deeds for Henderson. County. A copy of the addendum is attached,
marked as "Exhibit A," and incorporated, by reference herein.
Petitioner agrees to reference the said addendum in each of the
deeds -it executes for lots 11.2, 3, 4, 5, 6, 28, and 29.
9: This agreement is executed in duplicate originals.
Petitioner shall attach an.orginal to the addendum to restrictive
covenants described in paragraph 8; above.
MULLINAX AND ALEXANDER
Attorneys for the petitioner
MICHAEL F. EASLEY
Attorney General
By: Sueanna P. Sumpter
Theron E. Mullinax, Jr. Assistant Attorney General
P.O. Box 1164 N.C. Department of Justice
Hendersonville NC 28793 124 College Street, Suite 300
Asheville NC 28801
Date:
Date:

Zs�
By:
DIVISION OF WATER QUALITY
Director
DENR, Division of Water Quality
1617 Mail Service Center
Raleigh NC 27699-1617
Date:

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
Stanley Segal )
S & N Properties, Inc. )
Petitioner, )
V.
N.C. Department of Environment
and Natural Resources,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0408
CONSENT AGREEMENT
AND SETTLEMENT
The petitioners, Stanley Segal, S&N Properties, Inc. (the
"petitioners," and the respondent, North Carolina Department of
Environment and Natural Resources, Division of Water Quality
("DWQ"), hereby enter into this Consent Agreement and Settlement
("Agreement") in order to resolve matters in controversy between
them pursuant to N.C.G.S. § 150B-31(b). This above -captioned
matter arose out of the denial by DWQ of the petitioners'
applications for coverage under General NPDES Permit Number
NCG550000. By making such applications, the petitioners had sought
authorization to discharge treated domestic wastewater into Mill
Pond Creek from each of three wastewater treatment facilities
serving lots numbers 5, 28, and 29 in the Triple Creek Subdivision,
Henderson County, North Carolina, as shown on the Site Master Plan
for the development prepared by William G. Lapsley and dated
November 1997 1 ("the Site Master Plan"). Petitioners timely

- 2 -
commenced the above -captioned contested case to challenge the DWQ' s .
decision.
On 17 August 2000, the parties participated in a mediated
settlement conference which resulted in this Agreement.
Without any trial of fact or law in the above -styled matter,
and without making any admissions of any kind, .THE PARTIES AGREE
THAT:
1. Subject to the terms of this Agreement, DWQ will issue
certificates of coverage under General Permit NCG550000 as sought
by petitioners' applications numbers NCG 551018, NCG 551017, and
NCG 551016.
2. Petitioners will not apply for, nor will they receive
individual discharge permits or certificates of coverage under any
General Permit for any other lot in Triple Creek Subdivision as it
is depicted on the Site Master Plan.
3. The prohibition contained in paragraph.two (2) above will
run with the land, will be binding upon all subsequent owners of
the property, and will be incorporated in the deeds for all lots
which are currently unsold, including lots 1, 2, 3, 4, and 6 as
shown on the Site Master Plan.
4. The following requirements will run with the land, will
be incorporated into the deeds for lots 5, 28, and 29, will be
binding upon petitioner and all subsequent owners of the property,

- 3 -
will be in addition to those contained in the General Permit or
certification, and shall be enforceable by the respondent as if
they were conditions of the General Permit or certification for
each of these three lots:
A. Every six months, the discharge effluent for
each of the sand filter systems for Lots 5, 28, and 29
shall be sampled by a certified operator for four
parameters: BOD5, suspended solids, fecal coliform, and
residual chlorine. Analyses for BOD5,-suspended solids,
and fecal coliform shall be done by a State -certified
laboratory. Analysis for residual chlorine shall be done
on -site. The sample results shall be submitted to the
DWQ at the following address:
Forrest R. Westall
Regional Water Quality Supervisor
DENR, Division of Water Quality
Interchange Building
59 Woodfin Place
Asheville NC 28801.
Results for the first three listed parameters shall not
exceed relevant water quality standards established in
the rules of the Environmental Management Commission or
limits established by the General Permit. Residual
chlorine shall be positive, but shall not exceed any
relevant water quality standard or limit contained in the
General Permit. It shall be the responsibility of the
homeowner to have such sampling, analysis, and reporting
done.
B. Should standards be exceeded for fecal
coliform, retesting shall be performed weekly for four
consecutive weeks. If exceedences still exist, a test
for the organisms giardia and cryptosporidium shall be
performed by a State -certified laboratory. If these
organisms are detected in the effluent, the homeowner
shall comply with the directives of the Division of
Environmental Health ("DEH"), DENR. It shall be the
responsibility of the, homeowners to have such sampling

- 4 -
and analysis done, and to take such corrective and
preventative measures as the DEH may direct.
C. Each owner of Lots 5, 28, and 29 shall cause
'the sand filter system for his/her lot to be inspected
every six months by a certified operator for proper
operation and maintenance.
D. Each owner of Lots 5, 28, and 29 shall cause
the septic tank on his/her lot to be pumped out every
three years, shall lawfully dispose of the waste removed,
and shall provide evidence to the DWQ that such has
occurred.
E. Each owner of Lots 5, 28, and 29 shall cause
his/her lot to be connected to the public sewer when that
option becomes available in the Triple Creek Subdivision.
5. Each treatment system for Lots 28 and 29 shall have
incorporated into its design and installation a storage tank at the
pump with at least 5 days effluent storage capacity above the pump -
on' level.
6. Petitioners have prepared a handout meeting the approval
of the DWQ and providing general information about the sand filter
systems and detailed information about all of the maintenance,
operation, inspection, monitoring and analysis, and pumping
requirements imposed .under the General Permit, the certification
issued thereunder, this Agreement, or under operation of law. A
copy of the handout is attached and incorporated by reference
herein.. Petitioners shall ensure that each original purchaser of
Lots .5, 28, and 29 receives this handout and signs a form.
indicating that he/she has read the handout and understands that

By:
- 5 -
these requirements are imposed upon him/her. The handout shall
require that it be passed on to all subsequent purchasers.
7. Petitioners shall file with the Office of Administrative
Hearings a withdrawal of their petition for contested case hearing
within ten days following full execution of this Agreement.
8. Petitioner has prepared an addendum to the restrictive
covenants for the Triple Creek Subdivision presently on record, and
agrees to record the addendum in the Office of the Register of
Deeds for Henderson County. A copy of the addendum is attached,
marked as "Exhibit A," and incorporated by reference herein.
Petitioner agrees to reference the said addendum in each of the
deeds it executes for lots 1, 2, 3, 4, 5, 6, 28, and 29.
9. This agreement is executed in duplicate originals.
Petitioner shall attach an original to the addendum to restrictive
covenants described in paragraph 8, above.
MULLINAX AND ALEXANDER
Attorneys for the petitioner
Theron E. Mullinax, Jr.
P.O. Box 1164
Hendersonville NC 28793
Date:
MICHAEL F. EASLEY
Attorney General
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
124 College Street, Suite 300
Asheville NC 28801
Date:

By.
DIVISION OF WATER QUALITY
Director
DENR, Division of Water Quality
1617 Mail Service Center
Raleigh NC 27699-1617
Date.

ROY COOPER
Attorney General
Theron E. Mullinax, Jr., Esq.
Mullinax & Alexander
P.O. Box 1164
Hendersonville NC 28793
Department Af alustire
Suite 300
124 College Street
Asheville, NC 28801
RE: Segal v. DENR
OAH File No. 00 EHR 0408
Dear Tim:
6 July 2001
Western Office
Phone: [phone]
Fax: [phone]
By facsimile transmission and U.S. mail
FAX No. 828-693-6630
II _]I-1i JUL
Ir'VATERLI
i� ASHEVILL RE,�I(iC,IL3<
As we discussed earlier, the following are suggested amendments to the settlement documents in
the above -referenced contested case.
Settlement Agreement:
- p.5, add new paragraph 8, reading as follows:
Petitioner agrees to record in the Office of the Register of Deeds for Henderson County
an addendum to the restrictive covenants for Triple Creek Subdivision presently on record.
A copy of the addendum is attached, marked as "Exhibit 1; " and incorporated by reference
herein. Petitioner agrees to reference the said addendum in each of the deeds it executes
for lots 5, 28, and 29.
p.5, new paragraph 9, reading as follows:
This agreement is executed in duplicate originals. Petitioner shall attach an original to the
addendum to restrictive covenants described in paragraph 8, above.
Addendum to Covenants:
- p.1, paragraph 2, last sentence should'read: "These lots will possess filtration systems and will
discharge treated wastewater into Mill Pond Creek."
#I*
An Equal Opportunity / Affirmative Action Employer
to

William H. Alexander, Jr., Esq.
6 July 2001
Page 2
- p.1, paragraph 3, should read: "Each owner/purchaser of Lots 5, 28, or 29 must comply at their
expense with the requirements of the certificate of coverage under General Permit NCG550000, issued by
the North Carolina Department of Environment and Natural Resources; the General Permit, itself; and with
the terms of a Settlement Agreement which is attached, marked as "Exhibit A," and incorporated by
reference herein. These requirements shall run with the land and shall be binding upon all subsequent
owners of the property. "
Handout:
p.2, paragraph 2, entitled "System maintenance," since the sand filter will be buried, no
maintenance will be required.
Please let me know if these amendments would be acceptable to your client.
Sincerely,
Sueanna P. Sumpter
Assistant Attorney General
/SPS
xc: Roy M. Davis

VII�
` MULLINAX & AEEXANDER
ATTORNEYS AND COUNSELORS AT LAW
THERON E. MULLINAX, JR. 322 SOUTH KING STREET
WILLIAM M. ALEXANDER, JR. MAIL ADDRESS: P. 0. BOX 1164
HENDERSONVILLE. NORTH CAROLINA 28793-1164
January 2, 2001
Sueanna P. Sumpter
Assistant Attorney General
Attorney General's Western Office
State of North Carolina, Department of Justice
Suite 300, 124 College Street
Asheville, NC 28801
RE: Settlement Agreement
Segal v. DENR
Dear Sueanna:
l_ BAN
TELEPHONE
828/ 697.6630
FAX NO.
828/ 693-6588
You will please find attached a proposed Addendum to theLR s r ctive_Coveiza_nts_for Trifle
Creek Subdivision and a copy of a notice and handout that we would propose to give to
each potential purchaser of Lot 5, 28, and 29 in Triple Creek Subdivision. Please review the
documents, and let me know if they are satisfactory.
I will look forward to hearing from you, and hope that we might finally put this matter to
rest.
Yours truly,
Theron E. Mullinax, Jr.
TEM:pb '.._ -.....
Enclosures
tE.. ...- ......... ';c
C'�

STATE OF NORTH CAROLINA
HENDERSON COUNTY
ADDENDUM TO THE
RESTRICTIVE COVENANTS FOR
TRIPLE CREEK SUBDIVISION
THIS ADDENDUM TO THE RESTRICTIVE COVENANTS for Triple Creek
Subdivision is made and entered into this the day of 200% .
This addendum by S & N Properties, Inc., the Developer of Triple Creek Subdivision: is
made pursuant to a settlement agreement between the developer of the subdivision and
the North Carolina Department of Environment and Natural Resources. The developer
now wishes to make additions to the covenants so that they include the requirements set
forth in that settlement agreement:
NOW, THEREFORE, this indenture;
1. Although the majority of lots within Triple Creek Subdivision have on -site
wastewater systems that discharge effluent to a subsurface nitrification field, the
condition of the soil found on lots 5, 28, 29 of the subdivision will not meet the
minimum requirements established by the State of North Carolina and the Henderson
County Department of Public Health to possess such a system for sewage_ disposal.
2. The North Carolina Department of Environment and Natural Resources has agreed to
allow the owner of lots 5, 28, 29 to construct a sewage disposal system,that differs
from those found on others lots within the subdivision. These lots will possess
filtration systems that deposit the effluent from lots 5, 28, and 29 into Mill Pond
Creek.
3. Each owner/purchaser of Lots 5,28,or 29 must comply at their expense with the
requirements of the discharge permit of the North Carolina Department of
Environmental and Natural Resources and agrees to cause his/her lot to be connected
to the public sewer when and if that option becomes available in the Triple Creek
Subdivision.
4. The developer will not apply for, nor will it receive individual discharge permits or
certificates of coverage under any General Permit for any other lot not approved for
on -site waster -water systems in Triple Creek Subdivision as it is depicted on the Site
Master Plan. This prohibition will apply to Lots 1,2,3,4,and 6 as shown on Plat of
Triple Creek filed at Slide 2914 of the Henderson County Registry.
5. The prohibition found in paragraph four (4) above will run with the land, will be
binding upon all subsequent owners of the property, and will be incorporated in the
deeds for all affected lots that are currently unsold.

6. This instrument and its requirements shall run with the land and supplement the
Declaration of Restrictions and Protective Covenants for Triple Creek Subdivision
recorded in deed book 980 at page 88 of the Henderson County Registry.
The undersigned developer does also by its signature hereon ratify the remaining terms
and conditions of the covenants and restrictions set out in deed book 980 at page 88 of
the Henderson County Registry.
S & N Properties, Inc.
By: (Vice) President
Attest:
(seal)
Secretary
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
(seal)
I, Notary Public of the County and State aforesaid, certify that
personally came before me this day and acknowledged that he is Secretary of S & N
Properties, Inc., a North Carolina Corporation, and that by authority duly given and as the
act of the corporation, the foregoing instrument was signed in its name by its (Vice)'
President, sealed with its corporate seal and attested by his as its Secretary.
Witness my hand and official stamp or seal, this the _ day of , 2001.
Notary Public
My commission expires:

TRIPLE CREEK SUBDIVISION
DISCHARGING SAND FILTER
WASTEWATER TREATMENT SYSTEM
NOTICE TO HOMEOWNER:
This it to advise you that your residence has a special on -site wastewater
Treatment system called a "Discharging Sand Filter System".
This system consists of a septic tank, subsurface sand filter and effluent
chlorination system, all of which are located on your residential property identified as lot
#29, in the Triple Creek Subdivison.
REASON FOR SPECIAL SYSTEM:
The majority of the lots within the Triple Creek Subdivision have individual
on -site wastewater systems that discharge effluent to a subsurface nitrification field. The.
natural soil conditions on your lot will not meet the minimum requirement for this type
system as regulated by the State of North Carolina and the Henderson County
Department of Public Health.
The State of North Carolina has issued a permit to construct an alternative
"discharging sand filter system" for your residential lot. This is required to allow
construction and occupancy of your residence.
SYSTEM DESCRIPTION:
This wastewater treatment system has several components which have been designed by
a licensed professional engineer and permitted by the State of North Carolina..
These components are as follows:
1..Septic Tank — This buried precast concrete tank receives the wastewater from your
residence.. The solid material is separated (by settling) from the liquid inside the tank
by a baffle wall. A natural biological process provides proper treatment before the
liquid is discharge from the outlet end of the tank.
2. Subsurface Sand Filter — This component consists of a layer of special sand and
gravel that is "wrapped" in a nonporous fabric. The effluent from the septic tank is
discharged to the top of the sand layer and it "filters" down to the bottom of the trench.
This filter provides additional treatment of the wastewater to a "tertiary" level.
3. Chlorine Contact Chamber — The Chlorinated effluent wastewater from the sand
filter passes over a tablet which dissolves to add chlorine to the water. The chlorine
dosage is high enough to kill any harmful bacteria remaining in the effluent.
4. Discharge Line — The chlorinated effluent wastewater is then transported by a
pipeline to the edge of Mill Pond Creek where it is discharged.

A copy of the approved construction plans and specifications are attached to this
lent. Additional copies can be obtained from the design engineer, William G.
y & Associates, P.A., 1635 Asheville Highway, Hendersonville, NC 28791.
SYSTEM MAINTENANCE:
This wastewater treatment system will require periodic maintenance to insure
proper long term performance. The following items should be routinely checked by the
homeowner:
(1) Septic Tank — The level of solids (sludge) in the tank should be checked at least
every 2 years. Periodic removal of these solids by a licensed septic tank cleaning
contractor can be expected.
(2�u.
Sand Filter- T��s dition of the top sur the sand show e
cyears. A rake kimmingof the sur a be requirto maintain pge through the filter.
Chlorine Contact Chamber — The tablet chlorinator will require periodic
examination and restocking of the tablets. 14 is expected th t-the tablets in he
ays.
3 116 Y Discharge Line — The end of the pipe at the receiving stream should be periodically
checked to make sure it is not plugged with debris. Water quality is to be checked
periodically at this location so the pipe must remain open to the effluent discharge.
SYSTEM MONITORING:
The State of North Carolina has issued a permit authorizing the construction of
this system and the discharge of treated effluent to the stream. The issuance of this
permit is conditioned upon several factors — one of which is the proper quality of the
effluent water being discharged to the stream.
The effluent will be sampled and tested several times during the first year of its
operation. After a period of successful test results the sampling will be required only
once per year. (See permit for exact requirements).
It should be noted that this permit can be revoked if the wastewater treatment
system fails to produce an effluent which meets the specified water quality standards.

0
The homeowner is encouraged to contact any of the following offices for
assistance:
Engineer/Designer: William G. Lapsley & Associates, P.A.
1635 Asheville Highway
Hendersonville, NC 28791
[phone]
Henderson County Environmental Health Section
Public Health Dept: 1347 Spartanburg Highway
Hendersonville, NC 28792
[phone]
State of North Carolina - Asheville Regional Office
Division of Water Quality 59 Woodfin Place
Asheville, NC 28801
[phone]
WGL 12/22/00

State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
MEMORANDUM
TO: Roy Davis, Environmental Engineer
Water Quality Division
Asheville Regional Office
FROM: Harold Sayl r egional Engineer
Public Water Supply Section
Asheville Regional Office
DATE: September 27, 2000
SUBJECT: Segal V. DENR
OAH File No. OOEHRO408
�s�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
I have reviewed the draft settlement agreement prepared by Ms. Sueanna Sumpter
dated September 21, 2000. 1 concur with the agreement as drafted.
Please let me know if anything further is needed from us. Thanks to both of you for
your support.
cc: Sueanna Sumpter
Jessica Miles
Sarah Meachum
G:\DATA\WPDATA\PWS\SAYLOR\MEMORAND\R Davis 9-27-OO.doc
852 Merrimon Avenue, Asheville North Carolina 28804 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

MICHAEL E EASLEY
Attorney Gonerol
Aug 9 ' 00 8 :15 P. 01f02
• �P�u'�sn�•t�•�s�st~tC�} •
Sui#e'30.0' wasters office
124 College Street Phene: (828)'251-6083
Asheville, NC 28801 Fox: [phone]-
TO: Kerr T. Stevens'
Diretai', pivlsion of Envlran:mge e�tal Manament
Fax No: ' 010. 33-24.9$
Forrest'R.:We4tall
Regional "Water.Qu' Wi.ty.Supe:r ilsdr,. DW0 • .
Asheville. fteglonaI -0 'Ice
Pax No:- 1(828):-2a1.6452
FROM: Suean.na P. S:umpter
Assdstant Attorney. 6e6era'l
DATE: August 9, 2000
RE-. Stan1eY segeiis & N .P'rope -Ei� ; Inc: vDENR
OAH .File Ne:'00 EHR 0468.
1 am sending :to Kou coPI6i;of::the-)46tice of 'Rescheduled Hiear(ng In the• above -
referenced• contested- case. As.you wilI:noto,:the hearing •is scheduled for-10:00 a:m. on'
August 17, 2000 at'the.HaywQod County.Cdurth•ouse:;In Waynesville, North Carolina.
The followi►ig-.perso:ns may bo.-callod.:to testify at••the hearing.
Kerr T. Stevens
Forrest Westall
Wayne.Mu,nd`en
Harold Saylor
Roy-Davls f
Please notify-me-lmMedlately. if any of th6 persons llsted above cannot be available .
on the date scheduled.
Thank you.
/g5
Enclosure �m_• F� a�a__. �.
xc: Forrest R. Westall - fax No: [phone]
r AUG - 9 2000
WITER gUALII-iSECrIGi<�
�,
An Equal Opportunity/Affirmafivc.Action Employer •— SHEVILL {,EQIQ;•IAL OFFIC

Aug 9 '00 8:15 P.02/02
:a - �Eii
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STATE OF N'ORTA CAROisINA ::" _.: ` ' '. ''.'
IN..THE tJk'k'•TCE OF .:
Al NffNISTRATIVE. IE IRINGS
COUNTY OF HE�IDER:SO 1 '
00 EHR 0408
Stanley Segal..
S & N Properties; Ilic. '
Petitioner
N-O.TICE.OFIUSC D.MED
VS..
DEARII�TG
N. C. Department of�En' v rb..: ent and:
Natural Resources
Respondexit
NQTICE IS HEREBX GIVEN tI f'th -heat i]g lft-thi contested case; originally
scheduled for Arzgust:I4,.20Q0;.; xs resche'dtiied:as'falliws:
DATE: August17;20:00°° :>
10,
TIME O a:m.
PL'A C1;:. I aywoup Courthouk::
:. • .
Girand: Ju y'
Iv a :S`treet..:'
�%layriesville', fto=tI:.aroli::
This ''tho 2nd::day. of August, 2:000:
Alzzin5tiativeLaw Judge

MICHAEL E EASLEY
Atfprngy Ceneeal
Rug 15 '00 14:03 P.01/05
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From:
Fax #: "�,. `�►� -
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Company:
Western' Office of the State Attorney General
Subject:
Sent: - August 15, 2000 (3:06pni)' Pages: Ondudltig cover sheet)
MESSAGE -
b" NI U,N'
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An Equal Opportunity / Affirmative Action Employer
From the Desk of KIM M. 11Y 4"
Legal Assistant

P. 02/05
�rporntians/agent�arprc�4wtu
Registered Agent Information
Ageht Name 869al, Stanley L.
Office Address:
Mailing Address: 51-0 Orooked.Creek Ln,
Hendersonville NC. 2873g
Businesses that this Agent Represents ...
Entity Name Type Status Farmed
Tiiplfs Creek )-Ia:,rnF:owners Property owners NP Current -Active Name 6/20/2000
11SG;i)i;la►Sfi+i '
Records'. Returned 1 to 1
Please note this may not 4e a complete fist of companies representadby this ag&nl. Data from the bid system has many duplicate entities. So we
-will need to combine all information about an entity Into one Tacord,
1of1
08/15/2000 2:52 PM

Aug 15 ' 00 14 : 03 P. 03/05
6ttp://www.secretary.state.nc,us/Corparationi/Gorp,oap?5271407
Date: 8/15/2000
Corporation Names
Name
Name Type
Triple Creek Homeowners Property Owners Association
Legal NC
Non -Profit Corporation Information
SOSID: 0554358
Status: Current -Active, Name
Date Formed: 6/20/2000
Citizenship: Domestic
State of Inc.:. NC
Duration: Perpetual
Registered Agent
Principal Office Address
Agent Name: S,bc��l, Stank v i..i...
'510'Crooked Creek Ln.
Registered Office 510 Crooked Creek•.Ln.,
Hendersonville N28739
Address: Hendersonville NC 28739
08/15/2WO 2:32 PM
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Atfamay General 124 tollega Street Phone;' [phone]
Asheville; NC 28801 ' ' Fox: (828) 251.63a8
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From:
Fax #:
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Phone #:
Phone #: [8.28) 251-6083
Company:
'Western: Office of the 'State Attorney General
Subject: .
Sent: August 15, 20QQ (3:Q6ptn� Pages: (including cover sheet)
MESSAGE:
An Equal Opportunity/Affirmative Action Employer
From die Desk of Mnt M. Ray
Legal As5lsnrit `�

2egistered /{genT
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Registered Agent information
Agent Name Segal, Stanley'L.
O'fficc Address;
Mailing Address: 510 Crooked Creek Ln.
Hendersonville'NC 28739
Businesses that this Agent Represents •••
Entity Name Type Status- Formed
T.Prq�)artV rawneis NP Current -Active Name 6/20/2000
Records Returned 1 to1.
Please note this may, not tie.it complete fiat, of.,00mpanias repivsanled by This agent Data from the old* syMem Itas many duplicate erititiea. So we
will need to combine all infdrOvatlon:aboufan,olitity Into one record.
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08/15/2001) 2:52 PM
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Regis -tared AgOnt Information
Agent Name SEGAL, NORTON• ..
Office Address'
Mailing Address: 500 Crooked Creek,Lzjne
Hendersonville NC 28739'
Businesses that this Agent Represents
Entity Name T.ype Status rormed
S & N PROPERTIES INC. BUS.' Current -Active Name 11/10/1997
Records Returned 1 to. 1
Please !tote this may not be a Complete list of cotnponles represented by,•. this agent. Data from the old system has many duplicate entities. So we
will need to combine all information about an entity into an& record,
1 of 1
08/15/20co 2:51 PIA

_ntity Names
11
Aug
15 '00 14:00 P.06/07
httpt//www,secretary.state.nc.us/corporations/CDrp.a�p?4847153
Date' 8/15/7000 ' .
Corporation Names
Name
Name Type
S & N PROPERTIES, INC.
Legal NC
Business Corporation information
SOSID: 0442310
Status: Current -Active Name
Data Farmed_ 1111011997
Citizenship: Domestic
State of Inc.: NO
Duration: Perpetual
Registered Agent
Principal Office Address
Agent Name: SECP,L., t.OF; TON 1N_
.ed L:arie
500 Crooked Creek Ln
Hendersonville NO 28739-6872
Register Office 500brooked Creek
Address: Hendersonville NC 287P .
Stook .
Class Shares
No Par Value Par Value
COMMON 10000.
Yes N/A
08/15/2000 2151 PM
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Date: 8715/2-000.'
Legal NC Name: 8 & N PROPERTIES, INC.' '
Image Date Document
11/10/1997 INC Articles of Incorporation
2/4/199$ ANRT Annual Repoit
00CLI1' Ont ID
97.3105013
980351104
08/15/2000 2,51 PM
10¢ 1

MICHAEL F. EASLEY
Attorney General
James L. Conner, I1
Administrative Law Judge
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699-6714
d„AAIE v
s 1 iz
Y
uvurt°• T
arolina
Bepartment of Justire
Suite 300
124 College Street
Asheville, NC 28801
21 July 2000
RE: Segal v. DENR
OAH File No. 00 EHR 0408
Dear Judge Conner:
Western Office
Phone: [phone]
Fax: [phone]
By Facsimile Transmission and U.S. Mail
919-733-3407
,JUL 2 4 20IX1
D�
I have enclosed a motion to continue the hearing in the above -referenced contested case, now
scheduled for 14 August 2000, in Hendersonville NC. I will be out of the office beginning Thursday, 10
August, and my first day back will be Wednesday, 16 August. I understand that you will not be hearing
cases on the 17th or 18th, and am accordingly requesting that this matter be rescheduled to a later term. As
indicated in the motion, it is my understanding that petitioner cannot be available the week of 4 September
2000.
Thank you for considering this request.
Sincerely,
Sueanna P. Sumpter
Assistant Attorney General
SPS
xc:. Theron E. Mullinax, Jr. Esq.
Forrest R. Westall
Harold Saylor
A_ C_..-.I -%__,..a.. :47 / AiF;. +;. Ar+inn Fmnlnvar

OF NORTH CAROLINA
COUNTY OF HENDERSON
Stanley Segal )
S & N Properties, Inc. )
Petitioner, )
V. )
N.C. Department of Environment )
and Natural Resources, )
Respondent. )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 6408
MOTION TO
CONTINUE HEARING
NOW COMES the respondent, North Carolina Department of
Environment and Natural Resources ("DENR"), Division of Water
Quality ("DWQ") by and through its counsel of record, Michael F.
Easley, Attorney General, and Sueanna P. Sumpter, Assistant
Attorney General, and moves for a continuance of the contested case
hearing, presently scheduled for 14 August 2000. In support of its
motion, respondent shows the Court:
1. Respondent understands that the Administrative Law Judge
will hear contested cases on 14, 15, and 16 August in
Hendersonville, North Carolina. The undersigned counsel will be
out of the office and cannot be available on 14 or 15 August 2000.
It will be difficult for counsel to be available on 16 August.
2. Respondent has discussed this motion with Theron E.
Mullinax, Jr., Esq.- counsel for the petitioner, and understands
that petitioner does not object to the motion, so long as the
matter is rescheduled for a time when its representatives may be

- 2 -
available. Respondent further understands that petitioner cannot
be available the week of 4 September 2000.
WHEREFORE the respondent moves that the hearing in this matter
be continued to a time when the parties and their counsel can be
available.
This the day of July, 2000.
MICHAEL F. EASLEY
Attorney General
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
124 College Street, Suite 300
Asheville, North Carolina, 28801
Telephone: [8281 251-6083
State Bar No. 9404
CERTIFICATE OF SERVICE
I hereby certify that on this day the foregoing pleading was
served upon the parties to this action by depositing a copy of same
into an official depository of the United States Postal Service,
first-class postage prepaid, addressed as follows:
Theron E. Mullinax, Jr.
Mullinax and Alexander
Attorneys at Law
PO Box 1164
Hendersonville NC 28793.
This the = day of July, 2000.
Sueanna P. Sumpter
Assistant Attorney General

J
-21
ul
�- c 7l
Q ai(D/�4

if North Carolina
tment of Environment
"Al" l.atural Resources
Asheville Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Ms. Sueanna Sumpter
Assistant Attorney General
124 College Street
Suite 300
Asheville,.NC 28801
Dear Ms. Sumpter:
D" 1 R A F"T
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 14, 2000
RE: Case OOEHRO408
S & N Properties vs. NCDENR
Proposed NPDES Permits
Henderson County
This letter is written to expand on our concerns about these proposed NPDESpermitsand discuss
possible compromises.
Concerns expressed in my memorandum of July 6, 1999, to Wayne Munden have been partially
answered or modified, or we have found additional information. I will put these in itemized form and attach
them with supporting documentation, but it may help first to explain the basis for our concerns.
The '96 Amendments to the Safe Drinking Water Act (SDWA), which was the second major revision
since it's passage in 1974, were almost entirely about "prevention" of water pollution rather than treatment.
The Public Water Supply Section formed a new branch, Protection and Enforcement, and spent the last four
years developing and implementing the "North Carolina Source Water Assessment Program Plan", which has
as its theme the protection of source water. This is an EPA required plan in keeping with the universal water
industry conclusion that protecting source water is a necessary component of any effective drinking water
supply program. This perception of the necessity to keep pollution out of source waters was the result of a
number of waterborne disease outbreaks caused by pathogens (primarily Cryptosporidium and Giardia)
passing through state-of-the-art water treatment plants. PWS has committed 46 million dollars to prevention
strategies, through a State Revolving Fund and our On -Site Wastewater Section has formed a Wastewater
Discharge Elimination (WaDE) Program to eliminate straight piping. Considering the extent of efforts we are
making to prevent pollution, it would be inconsistent for us to accept a type of discharge that has a history of
high failure rate.
It also is significant to us that the French Broad River at the Mills River confluence is classified as a
water supply source for Asheville, Buncombe, and Henderson counties and will provide water to hundreds
of thousands of consumers indefinitely. There are currently thirteen discharges into the WS-IV classified
segment of the French Broad River and tributaries. These three proposed discharges, along with two existing
discharges into Mill Pond Creek, would be closest to the intake.
Considering the topography of this area, the development boom and lack of plans for central sewer,
it is highly probable that there will be further discharge requests. We are concerned that allowing these will
establish a precedent, and we feel that we will probably be in a weaker position to limit further applications.
It was known early in the development process that there would be problems with sewage disposal
in this development. The Henderson County Health Department advised of unacceptability for ground
absorption systems in 1997. Yet, the developer proceeded to install water lines in 1998, several months before
we received the NPDES permit applications. Out of 30 lots, 8 lots were disapproved, and 7 lots required
pumping and/or non-standard ground absorption systems. We are concerned that if we approve the three
proposed discharges, five more discharge applications will follow suite, and we will have 8 individual home

anna Sumpter
14, 2000
wastewater discharges. Supporting documents are enclosed.
DWQ policy requires that discharging wastewater systems be permitted only when there are not
economically feasible alternatives. With the magnitude of waste disposal problems in this property, alternatives
should have been explored more thoroughly. With central sewer not available and a use -impaired stream the
only source for discharge, the lots should have been designed to make maximum use of the areas with
suitable soils for ground absorption. The standard recommendation from the Henderson County Health
Department was to combine lots in this way. We believe this is still the best option. Some lots may be lost, but
the economic loss can be made up in the price of larger lots. This also would be better for the homeowners
than having them indefinitely responsible for discharging wastewater systems.
Our preference in this case is to stand by our recommendation not to approve the permits. We feel
like this would be better for all involved.
If we must reach a compromise, we prefer one community type wastewater treatment plant to serve
all three lots under consideration. The design should minimize discharge of Giardia and Cryptosporidium
cysts; be constructed with dual train units; have auxiliary power supply and be located above the determined
100 year flood zone. It should be monitored and maintained by a certified operator on a regularly scheduled
basis with at least quarterly reports submitted to DWQ. Mill Pond Creek should also be evaluated to verify that
it will not be further impaired by the discharge.
The NPDES permit should be renewed at least on a 5—year interval with renewal contingent on
inspection and compliance with conditions of the permit. Deeds for the three lots should make reference to
and establish responsibility for the permits. If central sewer becomes available along HWY 191, the plant
should be closed and the houses connected to central sewer.
Please let us know if we need to do anything further.
Sincerely,
Harold Saylor
Regional Engineer
cc: Jessica Miles
Sarah Meacham
Roy Davis
Robert Smith
G:\DATA\WPDATA\PWS\SAYLOR\TROUBLES\s&n properties.doc
852 Merrimon Avenue, Asheville North Carolina 28804 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Triple Creek Subdivision — Significant Issues
1. Water Quality Impact
a. The engineering consultant argues that "there would be no way to
even detect the presence of this discharge even if it were untreated
wastewater". True, there is no methodology for accurately
projecting the quantity of contaminants remaining downstream at
an intake. There also is no currently accepted method to accurately
measure Cryptosporidium or Giardia cysts, period. And, this is one
of our concerns. One carrier of Cryptosporidiosis can excrete
millions of oocysts. They are not killed by chlorine disinfection; can
live for years in the environment; are difficult to detect; it takes only
one oocyst to infect a person with weakened immune system and
there is no know cure.
b. The French Broad River Basin Study conducted by the Division of
Water Quality lists Mill Pond Creek as "impaired", i.e., it is only
"partially supporting" of its best usage (public water supply source).
The cause and correction have not been specified, but further
waste discharge doesn't seem the appropriate approach. The DWQ
use support rating as well as raw water quality, are factors used to
determine intake vulnerability. This impacts the level of treatment
required, which in turn impacts the cost of water treatment.
C. The issue of cost in this project has been focused only on the
developer. Our experience with discharges into WS waters is that
there are always costs, many of them related to water quality. It
may be less expensive initially to a developer, but subsequent
costs will be passed on to homeowners, consumers and tax payers.
Cost of wastewater plant maintenance and operation, costs of
increased water treatment plant construction and operation and
ultimately to construction of wastewater collection systems to
eliminate individual discharges.
2. Sand Filters:
a. Our experience and feedback from other environmental health
specialist (county environmental health specialists and members of
our On -Site Wastewater Section) indicate that sand filters often fail
by becoming clogged with particulates and channeling, allowing
unfiltered waste to pass through to discharge. We can support this
by testimony.

PPPF
Page 2
b. Sand filters without chemical pretreatment as proposed will not
remove Giardia and Cryptosporidium cysts even if they are
functioning well. And, the post chlorine disinfection as proposed will
not inactivate the cysts.
3. Auxiliary power: Our standard policy is to require auxiliary power supply
and dual train construction on wastewater discharges to WS classified
waters. This is for the purpose of lessening vulnerability of the water
supply to untreated wastewater. Electrical power is sometimes off for
several days in this area due to downed power lines during ice/snow
storms etc.
4. Flood zone: The engineering consultant indicates that he has determined
that the proposed pump locations are not subject to flooding, but we have
not seen the evidence to support that.
5. Maintenance: Meticulous maintenance is necessary to keep sand filters
functioning properly. See the enclosed rules for sewage treatment.
Individual home discharging sewer systems tend to be neglected or
forgotten. We have found this through survey of homes with individual
discharging systems.
This is a matter of concern to us, because the proposed NPDES permits
do not require frequent monitoring and maintenance reports.
6. DWQ Inspections: We had assumed that all five (5) year NPDES permit
renewals were visited by DWQ staff, but have subsequently learned that
this is not true for individual home discharging systems. There are not
routine scheduled inspections.

N Cam'—/�ZL�a'c�
__
__
� � -� ��'

Source Water Assessment Program Plan
Chapter 1 North Carolina's Source Water Assessment Program
1.1 Introduction
For the protection of public drinking water supplies relying on ground water in Nortn e.:aroana,
the state has an EPA approved, voluntary Wellhead Protection Program administered by the
Public Water Supply Section of the Division of Environmental Health. North Carolina also has a
Water Supply Watershed Protection program for the protection of public water systems relying
on surface water. This program, administered by the Division of Water Quality, is implemented
by local governments through zoning ordinances consistent with minimum statewide criteria.
Watersheds designated as Water Supply (WS) are subject to comprehensive rules that protect the
quality of that source of water. North Carolina's source water protection strategy is to build upon
existing programs and activities with a program that is non -regulatory, state implemented, and
incentives driven.
1.2 Safe Drinking Water Act Amendments of 1996
Thl0eder=iSfe�larir�kin water?Ac,t=(S-l'-A)_Amendrraents�Qif 196 emphasizgolluto
a,ou,nd,water ouie`es'. This approach relies upon two key elements: a clear state lead in program
development and management, and a strong ethic of public participation. These elements are
basic to the development of sound source water protection strategies. The amendments do not
confer any new regulatory or enforcement requirements for drinking water source protection on
the states.
1.3 Source Water Assessment Program Requirements
Section 1453 of the SDWA Amendments requires that all states establish Source Water
Assessment Programs (SWAP), and submit a plan to the Environmental Protection Agency
(EPA) by February 6, 1999 detailing how they will:
delineate source water assessment areas,
inventory significant contaminants in these areas, and
determine the susceptibility of each public water supply to contamination.
EPA has published the state Source Water Assessment and Protection Programs Guidance to
help states develop SWAP submittals. This guidance describes the required content of a SWAP
submittal, federal funds available for completion of the assessments, requirements for public
participation, and linkages to other federal programs. North Carolina has up to two years after
EPA program approval, and is requesting an extension of an additional one and one half years, to
complete the source water assessments.
Source water assessments will allow the state to systematically address issues of potential
contamination of public water supplies using existing data from established environmental
Page 1 October 21, 199V

North Carolina's
Source Water Assessment Program Plan
Public Water Supplies in North Carolina," the watershed characteristics ratings will be
based on the combination of selected factors that may contribute to the likelihood that
contaminants follow the path of overland flow and reach the public water supply system
intake. Contributing factors, in the form of GIS spatial data layers, will include land
cover, land use, and precipitation. The land cover categories provide information
concerning the runoff characteristics within a watershed. The land use categories
describe the type of contaminants that may be present due to activities that take place on
the surface or In the shallow subsurface. This factor will represent nonpoint source
contaminants in the overall "inherent vulnerability rating" scheme for North Carolina's
SWAP plan. The amount of precipitation over a given watershed influences the amount
of overland flow in that watershed.
Table 7 includes the intake characteristics that will be evaluated and rated for the inherent
vulnerability for each PWS intake that relies on surface water:
Table 7. Inherent Vulnerability of Surface Water Intakes
Higher
Moderate
Lower
Intake Characteristics*
Vulnerability
Vulnerability
Vulnerability
Watershed
WS-IV, WS-V
WS-III, WS-II
WS-I
Classification
10
5
1
Class 3
Class 1 and 2
Intake Location
Direct Stream
Impoundments
Impoundments
8
4
2
**T.U. > 100 or
T.U. >25 or
T.U. < 25 and
T coliform > 2000
T coliform > 1000
T coliform < 1000
(water plant data)
5
3
1
Watershed
Characteristics
10
5
1
Use Threatened
Partially Supporting
Fully Supporting
***I°Wt I11s. uppo�:t
°t �g
Totals
33 - 21
13 - 20
5 -12
Surface Water Intake Inherent Vulnerability Rating:
` Relative ratings are based on SWAP Steering and Advisory committees' expert opinion.
' The thresholds for Turbidity units (NT) and Total coliform (colonies/100 ml) may need to be adjusted
during SWAP plan implementation to obtain results that accurately represent differences in inherent
vulnerability for surface water intakes. These adjustments will be based on pilot study results and initial
assessment results reviews. The purpose of the adjustments is to ensure meaningful source water
assessment results which can be translated into benefits to the systems and the general public.
Page 25 October 21, 1999

:..:_tick::—:�=_s:,L _ :.-� �•,::--:�;: ,. _ -- >:.�r:.,:--: - .:-•�---:,i':- - - _ - - - -- - _ .
A = =_
:1 TO PWSS STAFF FRYI
OM RAY MCCL
77
=' the a on Cryptosporidium
- ` - More than 400,000 people became ill fiotii an:outbreak-of cryptosporidiosis in Milwaukee
in 1993;.,Here's what you should know about- tospoiidium:; t. -
tos oridium�'.'
What is Cj7'P P -
_ 'Cryptosporidium is a microscopic, disease -causing parasite; housed in a'hard-shelled ooeyst.
When ingested,'the egg -shaped oocyst splits open, releasing :sporozoites. These sporozoites
- invade the lining of the gastrointestinal tractand can cause an illness -'called cryptosporidiosis. -
_ +How can' a person become infected with. cryptosporidiosis?
-There are many pathways to infection..People'can contract cr3. sporidiosis.from drinking .
= _ contaminated water or eating raw or undercooked food contaminated with Cryptosporidia.' In
addition, exposure to. the feces -of infected individuals .or animals- or to fecally contaminated
surfaces can cause infection. Outbreaks -of cryptosporidiosis from person -to -person transmission
have occurred in day-care•centers. Not everyone•expq' d to the disease becomes ill; however.
_ ,
What are the health effects of Cryptosporidiun&.
After oocysts-are ingested, the incubation period for':illness varies from two to 12 "days,
generally averaging seven days. The symptoms of cryptosporidiosis include diarrhea, abdominal
cramps, headaches, nausea, vomiting,. and low_ -grade fever. These- symptoms may. lead to weight .
loss and dehydration.. - _
For people mi good health, the average recovery period is 10 to 14 days. For.immuno-
compromised people, however, the disease can last for months and can be fatal. For those
with AIDS, people receiving treatment for certain cancers, organ transplant recipients, people
suffering from certain illnesses, and malnourished,children, special precautions should be taken'
:for protection against Cryptosporidium. While at present there are.no known medications that
cure the. disease, treatment of the symptoms is possible using antidiarrheal drugs.
is Cryptosporidium common in"water?':
Because Cryptosporidium has been found in many animals; it'is widespread in_the- environ-
ment. The organism livds in cattle, sheep, swine, goats, dogs, and cats as well as deer, raccoon,
foxes, coyotes, beavers, muskrats, rabbits, and squirrels: Consequently,:w en these 'animals live _
near water bodies;. they iriay, serve as carriers of the parasite and may contaminate, water.
Oocysts from human and animal wastes have been found in rivers and streams, lakes and
reservoirs, raw' and treated sewage, and treated surface waters. Although Cryptosporidium can,-. : ` be found in --approximately 95 percent of the sources of United States surface water, it has also .
been found. in some groundwater sources. Concentrations of the.organism vary greatl. At low
concentrations, the organism most likely will not`cause disease in healthy individuals.-'-. ry
- ': �.• "i "``i :'�: .c t <l.`. ;,. ..'�f. �. :j ..fit'.. :;'�•• -_ _ - •�-J'p' _ .
I•`v ' ,�:•� f f iY _ .ti � .. .-....54�µ�_ Y ? may` f%T: � - '-. .... ,
• !'�+' mod'= _ .1.. 'f -�Y^ _ - _ _- _ •., _ _ .
.. ..._..... -t:. i — ..._ � _.. __.-.itr:...?l� ___. _ ...,_ _ .. _—.... .. a _.�_....... ..I'. •''r-.�e�__ w. _r �. e_t ter_ _....ter .._�s.:-_.. a•:a�:...,a:-1"�w _ .1 ...x�r. � ...-. . s .--.—.0 .i -

How can Cryptosporidium be removed from water? .
Public water providers especially t o4e that��ce curia water reeri mnttj�le - -
to reduce the number of oocysts and kill_ Cryptvs on ince Cryptosporidium is =
resistant to traditional disinfection ch orine), the best protective practices include protertinQ
" tj3P�wa shed from contamination nd o timizin filtration and other water treatment processes.
Proper water treatment can protect people from Cryptosporidium. More than 97 percent o
oocysts are removed with proper coagulation and filtraiion.'Additional protection is offered
when a water system uses ozone as a disinfectant.
Should I purchase. bottled water to drink?
Not necessarily. Bottled water suppiiers•typically do not test for Cryptosporidium, and the
oocysts can live for weeks in water, even refrigerated water. Bottled water from a groundwater ;
source; such as an artesian well, would have less likelihood of becoming contaminated with
Cryptosporidium than would surface water. Also, bottlgd waters with labels that mention
treatment with ozone, submicron filtration, or reverse osmosis are probably safe.'To completely
avoid the risk of infection, you can boil your drinking water for one minute. Allow the water to
cool before drinking it.
What is being done about Cryptosporidium?.
Many scientists, health professionals, and water treatment specialists are working on better
detection tools, health -risk analyses, and treatment techniques. The US. Environmental Protection
Agency (USEPA) has included Cryptosporidium on its priority list of contaminants for possible
regulation. The Enhanced Surface Water Treatment Rule being developed by the USEPA will
expand its scope to include mandatory testing for Cryptosporidium. And, many water suppliers
have begun their own efforts to monitor and test for Cryptosporidium. The American Water
Works Association developed a 12-point plan to protect the public from the threat of Crypto-
sporidium and distributed it to more than 4,000 water providers. _
Can Cryptosporidium be in my drinking water?
Call your local water supplier to better understand whether your source of drinking water is
vulnerable to contaminants. And, find out the steps your water supplier is taking to protect you
and your drinking water from Cryptosporidium.
For more information, contact:
A\ • 6% 4% 68 6% A\ A\ 6% IQ A\ A\ A\ A A A\ 6% . 4O "A\ A\ A
Get the facts on Cryptosporidium has been prepared by the
American Water Works Association, 6666 W. Quincy Avenue, Denver, CO 80235.
AQ 01994 American Water Works Association • Catalog No. 70106 ® Printed on Recycled Paper

Discharges in the
Franch Broad River
Watershed
IPDES Permitted flow (mgld)
0 - 0.00E
O.00B - 0.017
0.017 - O.D43
0.043 - 0.202
0.202 - 1.2
1.2-600
►ornestb Discharge permits
A. PI -Single family res.
SW -Textile, paperboard, rubber (not tires)
^� Major roads
Hydrology
Municipal areas
Dater Supply Watersheds
�C
P
0.5 0 0.5 1 1.5 2 Miles
t
819100 ' PWS, DEH, NGDENR

French Broad River Basin P��t
ivioriicn; m wed waters.: Pollution/pollutant monitoring will place waters
on Part 1 or Part 2
'1'utal
'
Name 3c Description Class
Index 9
Subbasin 1ltlhes Use Cause of Impainnent
miles acres Approach Potential Sources Priority
(Acres) Rating
Rrvters,,Sfr;eams� zyhd; Creeks
t;I : '{ i
.
Nest Fork French Broad C Tr
6-2-(0.5)b
40301 0.5 PS Cause Unknoam
0.5 PPI Aquaculture Low
From above to below trout fanns
Peter Weaver Creek C Tr 6-10b 40301 0.8 PS Cause Unknown .0.8 PPI Aquaculture Low
From Morgan Mill Cr. to French
Broad River
Morgan Mill Creek B Tr 6-10-I b 40301 0.3 PS Cause Unknown 0.3 PPI Aquaculture Low
From trout farm (US 64) to Peter
Weaver Cr.
Gash Creek C 6A7 40302 3.7 NS I labilat Degradation 3.7 PPI Non -urban development Medium
From source to French Broad River
,Mill fond C•reeli'J5-1U �6�t1 0302 3 6 PS* F Gain Unkrtowm 3.b PP.i Lad nsposal ii h '
From source to French Broad River
Mud Creek C 6-55a 40302 15.2 NS IIistorical listing for 15.2 11111 Agriculture Low
From source to Byers Cr 'sediment' based on Urban Runofr/Storm Sewers
biological impairment
Note: DWQ Special Watersheds Unit and 205 0) project watershed - The DWQ Special Watersheds Unit funded through a CWMTF grant will perfomt thorough assessment of watershed condition and develop a
comprehensive restoration plan by 2003. 205 0) planning grant will assist ttith stakeholder development, education, and outreach. No longer impaired for fecal colifornt. New chemical/physical data.
Mud Creek C 6-55b 40302 3.2 i'S I listorical listing for 3.2 PPI Agriculture Medium
From Byers Cr to French Broad River 'sediment' based on
y Specialty Crop Production
biological impairment
Urban Runofr/Storm Sewers
Note: DWQ Special Watersheds Unit and 205 0) project watershed - The DWQ Special Watersheds Unit funded through a CWMTF grant will perfomt thorough assessment of watershed condition and develop a
comprehensive restoration plan by 2003. 205 0) planning grant will assist with stakeholder development, education, and outreach.
Mud Creek C 6-551) 40302 3.2 PS Cause Unknown 3.2 PPI Agriculture Medium
Frcm Byers Cr to French Broad River Specialty Crop Production
Urban Runofr/Storm Sewers
Note: DWQ Special Watersheds Unit and 205 6) project watershed - The DWQ Special Watersheds Unit funded through a CWMTF grant will perform thorough assessment ofwatcrshed condition and develop a
comprehensive restoration plan by 2003. 205 0) planning grant will assist with stakeholder development, education, and outreach.
k
April 3; 2000 North Carolina's 2000 § 303(d) List
fart 5, French Broad, Page 75 of 112

Chapter 2
Future Water
uality Initiatives
2.1 Overall DWQ Goals for the Future
The long-term goal of basinwide management is to protect the water quality standards and uses of the
surface waters in the state while accommodating reasonable economic growth. Attainment of these goals
and objectives will require determined, widespread public support; the combined cooperation of state, local
and federal agencies, agriculture, forestry, industry and development interests; and considerable financial
expenditure on the part of all involved. With this needed support and cooperation, DWQ believes that
these goals areattainable through the basinwide water quality management approach.
In addition to these efforts, DWQ will continue to pursue several programmatic initiatives intended to
protect or restore water quality across the state. These include NPDES Program Initiatives, better
coordination of basinwide planning, use restoration waters program for nonpoint source pollution, and
improving database management and use of GIS capabilities. Summaries of these initiatives are provided
below.
NPDES Pro ram Initiatives
In the next five years, efforts will be continued to:
• improve compliance with permitted limits;
• improve pretreatment of industrial wastes discharged to municipal wastewater treatment plants so as to
reduce effluent toxicity;
• encourage pollution prevention at industrial facilities in order to reduce the need for pollution control;
• require dechlorination of chlorinated effluents or use of alternative disinfection methods for new or
expanding facilities;
mm-Ey, require multiple treatment trains at wastewater facilities; and
• require plants to begin plans for enlargement well before they reach capacity.
Long-term point source control efforts will stress reduction of wastes entering wastewater treatment plants,
seeking more efficient and creative ways of recycling by-products of the treatment process (including reuse
of nonpotable treated wastewater), and keeping abreast of and recommending the most advanced
wastewater treatment technologies.
DWQ will continue to make greater use of discharger self -monitoring data to augment the data it collects.
Quality assurance, timing and consistency of data from plant to plant are issues of importance. Also, a
system will need to be developed to enter the data into a computerized database for later analysis.
Coordinatine Basinwide Planning with Other Programs
The basinwide planning process can be used by other programs as a means of identifying and prioritizing
waters in need of restoration or protection efforts and provides a means of disseminating this information to
other water quality protection programs. For example, the plan can be used to identify and prioritize
wastewater treatment plants in need of funding through DWQ's Construction Grants and Loan Program.

The plans can also assist in identifying projects and waters applicable to the goals of the Clean Water
Management Trust Fund, Wetlands Restoration Program or Section 319 grants program. Information and
finalized basin plans are provided to these offices for their use and to other state and federal agencies.
Use Restoration Waters (URW) Program for Nonpoint Source Impairment
DWQ has developed a conceptual strategy to manage watersheds with nonpoint source impairments as
determined through the Use Support designations. In July 1998, the state Environmental Management
Commission approved the Use Restoration Waters (URW) program concept which will target all NPS
impaired waters in the state using a two-part approach. As envisioned, this classification will apply to all
watersheds that are not supporting or partially supporting their designated uses. The program will catalyze
voluntary efforts by stakeholder groups in impaired watersheds to restore those waters by providing various
incentives and other support. Simultaneously, the program will develop a set of mandatory requirements
for NPS pollution categories for locations where local groups choose not to take responsibility for restoring
their impairments. This URW concept offers local governments an opportunity to implement site -specific
projects at the local level as an incentive ("the carrot"). If the EMC is not satisfied with the progress made
towards use restoration by local committees, impairment based rules will become mandatory in those
watersheds ("the stick").
These mandatory requirements may not be tailored to specific watersheds but may apply more generically,
across the state or region. DWQ staff has developed a timeline to accomplish the following within five
years from July 1998: work with stakeholder groups to develop mandatory requirements; acquire the
resources needed to carry out the program; develop criteria for voluntary local programs and supporting
incentive tools; and proceed through formal rule making for the mandatory requirements. The form of the
URW program will be strongly influenced by the year -long stakeholder input process.
With more than 400 impaired watersheds or stream segments in the state, it is not realistic for DWQ to
attempt to develop watershed specific restoration strategies for nonpoint source pollution. By involving the
stakeholders in these watersheds, we believe we can catalyze large-scale restoration of impaired waters.
We anticipate that one of the major implementation challenges of this new program will be educating
public officials and stakeholders at the local level as to the nature and solutions to their impairments. To
address this challenge, the state plans to develop a GIS-based program to help present information at a
scale that is useful to local land management officials. Other incentives that the state might provide include
seed grants and technical assistance, as well as retaining the authority to mandate regulations on
stakeholders who are not willing to participate.
In cases where incentives and support do not result in effective watershed restoration strategies, mandatory
impairment source management requirements would be implemented in the watershed. This is not the
state's preferred alternative, as it would add to state monitoring and enforcement workload. However, in
areas where it is necessary, DWQ plans to implement such requirements. In the management area, DWQ
would be assisted by regulatory staff from the Division of Coastal Management, Division of Environmental.
Health; Division of Land Resources and the Division of Marine Fisheries to insure compliance.:
Improved Data Management and Expanded Use of Geographic Information System (GIS) Computer
Capabilities
DWQ is in the process of centralizing and improving its computer data management systems. Most of its
water quality program data (including permitted dischargers, waste limits, compliance information, water
quality data, stream classifications, etc.) will be put in a central data center which will then be made
accessible to most staff at desktop computer stations. Some of this information is also being submitted into
the NC Geographic Data Clearinghouse (Center for Geographic Information and Analysis or CGIA). As
this and other information (including land use data from satellite or air photo interpretation) is made.
available to the GIS system, the potential to graphically display the results of water quality data analysis
will be tremendous.
Additional Research and Monitoring Needs

HENDERSON COUNTY
Memorandum
TO: Review Agencies
FROM: Stacy Merten. Planner
SUBJECT: Subdivision Review, Triple Creek
County File 497-N112
DATE: December 5. 1997
Please find attached a copy of the subdivision plans for Triple Creek, a proposed
subdivision in your jurisdiction that is located on the %vest side of NIC 191. across from
Cimarron Woods. The Preliminary Plans calls for 30 lots or. 28.6 acres with private
roads. City water and individual sever systems.
In accordance with the 1lenderson County Land Development Ordinance we invite V Ott
to comment prior to Planning Board Please return your comments to me On the
attached sheets b December 19. 199 7. Thank VOU for'Voitr input.
Distribution:
Robert Smith. Superb isar. Environmental Health
Dan Lunsford. Superintendent of Counn Schoois
Sheriff. Nlajor Eddie \\ atkins
Larry Harmon. Recreation Director
Fire Chief. Mountain Home VFD
Tom Edmundson. Director. E`IS
Ed Green. District Eneineer. NCDOT
Rock% HN der. Fire Marshall
Stuart Rohrbaugh. Propert% Addressine
iAttachments

• Henderson County
Department of Public Health
1347 Spartanburg Highway, Hendersonville, NC 28792 (704) 0924223
FAX: [phone]
Thomas L. Johnson, MPH, Director James C. Irion, MD, Medical Director
December 10, 1997
MEMORANDUM
TO:
FROM:
SUBJECT:
Stacy Merten, Planner
Jerry Robinson, R.S., Environmental Health Specialist
PROPOSED SUBDIVISION— TRIPLE CREEK - COUNTY FILE #97-M12
This Department has reviewed the.plans for the above -noted
subdivision. The property has a number of streamsthrough it, and based
on the topography map there is some poor topography and some severely
steep slopes, all of which may limit the installation or permitting of
on -site wastewater treatment and disposal systems.
As always, each.lot must be evaluatedand approved by this
Department, before permits can be issued. Some lots may not be able to,
be approved due to soil and site conditions.
n
Public Health: EveryWhere, EveryDay, EreryBody.

APPENDIX 2
Subdivision
Name "f T:z%'M1L • C REEK
HENDERSON COUNTY,
APPLICATION FOR 'MAJOR SUBDIVISION
_�
{t�OEISOM CpVHf}
Application Date Application No.
Property Owner.'s.Name �
j 1�I O -Tae`1 'S
Applicant or Owner's Agent
(.04(p S W is-.,
5T
Mailing Address
City State Zip Code
Telephone Number. 3( pS 1 ?r36- 15 43 PIN clCQSO +03- W3- `IZ61
Zoning District �ZO Fire Township�y�r/
General Descrip ,:ion and Location of Property to be . Divided: __ __
NG . 1 s s F-2.otA CIt,.AAlz2cr.1 wo-ab
Type Review: (/ Master Plan (,If/ Preliminary Plan () Final Plan.,
No. Lots in all sections: No. Lots in this section:?
Tract Size: �8- '� csZ�S Deed Book Zo) Page
Roads: () Public () Private (141 Private, with DOT stds.
Water: () Individual () Community (vj� City
Sewer: V Individual O Community O City O County
Fee $ A ­c'b Paid
I certify that the information shown above is true and accurate, and is in conformance with Section 405. of.: -the
Henderson County Land Devctopnent Ordinance.
Owner' Date
Plat Approval
Land Development Administrator Date
30

Henderson County
Depadment of Public Healt
1347 Spartanburg Highway, Hendersonville, NC 28792 (704) 6924223
FAX: [phone]
Thomas L: Johnson, MPH, Director James C. Irion, MD, Medical Director
December 9, 1998
MEMORANDUM
TO: William Lapsley & Associates
ATTENTION: Tom Jones
FROM: Jerry Robinson, R.S., Environmental Health Specialist .
SUBJECT: TRIPLE CREEK SUBDMSION LOTS 6-9. 13. L8.23. 24.27. & 29
On November 4,1998, the above -mentioned lots were evaluated by this Department for suitability
of on -site wastewater treatment and disposal systems, i.e. septic systems. This letter is a progress report
on those evaluations and does not constitute approval nor does it guarantee that approval of any of these
lots will be given by this Department. Each lot will be discussed in turn, and comments made as to
conditions, etc.
LOT NUMBER 6: This lot is bisected by one stream and also has another stream at its bottom;
the uppermost part of this lot also has cut banks along two road frontages. There is very little of this lot
that is at least fifty -feet from the streams, which is the minimum setback for a septic system.
LOT NUMBER 7: This lot has a stream across the lower side, and a good portion appears to be
in flood -plain. While this does not always mean unsuitability, results from adjacent lots indicate soil
wetness at very shallow depths and precludes any type of septic system except on the highest part of this
lot. In order to determine if a system can be installed on this lot, it will be necessary to underbrush the
upper portion and allow laying out of system and repair on the ground with a transit.
LOT NUMBER 8: Conditions on the lot are very similar to those on Lot n7, but there appears
to be somewhat more space available on this lot. It is probable that an Engineer-desigrted system will be
required on this lot since the approvable area is at the highest part. Underbrushing and layout of contours
will be necessary before work can begin with the Engineer.
LOT NUMBER 9: This lot has a stream along the lowest part with the adjacent flood plain.
Space being limited, underbrushing will be necessary to allow contours to be laid out. Unless space for
system and 100% repair are found, this lot will beunsuitable.
.1�
Public Health: EveryWhere, EveryDap, EveryBody.

2-
LOT NUMBERS 13. 18.23. & 24: These lots appeared to be workable for on -site systems once
house locations, driveways, utilities and corner pins are marked and provided that the lots have not been
altered in any way.
LOT NUMBER 27: This lot has a stream across the rear and along a portion of the left side. A
pump -to -shallow system may be possible on the left and front, but underbrushing will be necessary before
we can re -visit the lot and lav contours out with a transit.
LOT NUMBER 29: This lot is predominately a drainage way and flood -plain with gentle
slopes. A stream enters at the front of this lot and runs along the left side. There is also some surface
drainage across the right -rear. Recombination of Lot 30 and 29 may result in an approvable area for a
septic system; but further evaluation is necessary.
To review the ten lots evaluated: Lot 6 and 29 are very likely unsuitable for any type on -site
sewage disposal system. Lots 7 through 9 and 27 may have approvable areas, but require further
evaluation and underbrushing to allow this Department to lay out contours and footprint possible septic
systems. Lots 13, 18, 23, and 24 could support on -site systems with the requirements mentioned above.
Please note, the only guarantee that a lot is buildable is to have an Improvements Permit issued.
Code requires that Improvement Permits be issued only on recorded plats with all other requirements on
that site being suitable or provisionally suitable for on -site systems.
Should you have any questions, feel free to contact me.
Sincerely,
F
r -
Jerry R. Robinson, R_S.
Environmental Health Specialist

��,�C3J— �V�'S-��d1��=�=f
(Y-L

ENDERSON COUNTY HEALTHREPARTMENT�,��
SFP'T1C TANK SYSTEM IMPROV MEMS PERMIT
An Authorization to Construct Permit is required afore any excavation on the lot can
egin. A Building Permit Application will only be given with an Authorization to Construct
ermit. Permit subject to revocation if site plan or intended use change.
1 tco
honer Q S Date I Z
,ot # Development I ` ` �l GCe.Qx
.ovation N C S IT 1 T/ L i s D` e Ccee' Y• -
louse Mobile Home ❑
)ther N (( T
Jo. Employees No. Bedrooms
)esign Flow GPD
hvner's Signature
VALID ONLY FOR USE AS DESCRIBED ABOVE
DRAWING NOT TO SCALE '
9 _28051
WI #
PIN #
Approved ❑
Disapproved E
Max. Trench Bottom Depth
Max. Trench Width I i
Water Supply - ❑ Community ❑ Individual
�• City ❑ Shared
Lot Size 0. 6 C Slope %
LTAR
Diagram: Show property lines, buildings, location,
setbacks, well, d 'v7�y s, stre ms, bodies ofwater, and magne,/t . /��.
IssuedY ,Environmental Health Specialist
12
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Ob
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s
-ffENOERSON COUNTY DEPARTMENT OF PUBLIC415*ALTH
AUTHORIZATION TO CONSTRUCT PERMIT
FOR OPERATIONS PERMIT Call 692-4228 Between 7 am - 8.am
J
Owner is A) Pl � ''�1 �'� Date 3 -ZZ-
Building Contractor
Lot No. Development
Location A/C.- 1 cik T L -�vLt P L C'LF �.
. 4 . ; -4111 L.0-r a ^j (-R
HouseMobile Home ❑ Other
No. Employees —
No. Bedrooms 3 Design Flow GPD
Lot Size L0, (0
Basement: Yes ❑ No Basement Plumbing: Yes ❑ No �—
Water Supply - ❑ community, ❑ Individual
*Q-Eity j ❑ Shared
Permit valid .or 5 ea fry atyqtI nce.
Repairs to be camel a
Owner's Signature �
VAL D Y O . USE AS DESCRIBED ABOVE
/ DRAWING NOT TO SCALE
N? _34025
pj,i-
o�34025
WI No. Gt T`( -
PIN No.
New Construction Repair ❑
Pre -Existing Tank ❑ Addition ❑
System Type
Tank Size Stone Depth
Drainfield
Sq. Ft.
Max. Trench Bottom Depth
IF ENGINEERED PLANS ARE REQUIRED,
THEY MUST BE SUBMITTED, APPROVED BY
THE DEPT.. AND INSTALLED WITHIN 5
YEARS FROM THE DATE OFT S PERMIT.
Issued By:
Environmental Heal%/Specialist
V
Lo'� Ors�t-f'i�d
v� D C-0 G o � �7r o � /i—L Nr e O r ft £. P, /'' � � —� "i�,e .J �-T! ✓�,
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?71 0 S o

1429-DERSON COUNTY DEPARTMENT OF PUBLIC HEALTH
:� :' AUTHORIZATION TO CONSTRUCT PERMS J
FOR OPERATIONS PERMIT Call 692-4228 Between 7 am - 8 am
Owner S P Q-a Pt.:l°T1 &S Date Q 3 — Z2-4 r7
Building Contractor
Lot No. _ Development
Location N G l�( T T (t- t oc. t_ (L �iL TO
.
House Mobile Home ❑ Other
No. Employees
N? 34026.
Ursa PP,e.v
AST. 2 6
WI No.
PIN No.
New Construction Repair ❑
Pre -Existing Tank ❑ Addition ❑
System Type.
3 Tank Size Stone Depth
No. Bedrooms Design Flow GPD
Lot Size (9 r ((101-- PcC-- LTAR r Drainfield Sq. Ft.
Basement: Yes ❑ , No ❑ Basement Plumbing: Yes ❑ No ❑
Max. Trench Bottom Depth
Water Supply- ❑ Community Individual IF ENGINEERED PLANS ARE REQUIRED,
THEY MUST BE SUBMITTED, APPROVED BY
El City � ared THE DEFT. AND INSTALLED WITHIN 5
Permit valid for 5 years:} is .uance. YEARS FROM THE DATE OFT S PERMIT.
Repairs to be com n Oda
Owner's Signature Issued By:
VALID O FOR -USE AS DESCRIBED.ABOVE Environmental Health pecialist
DRAWING.NOT TO SCALE
�j
LU i r sA P�U0r/ {- co�J rE jTl� /�L Oi�i E0 , ^rp T� nJt}"�1 Vt
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ti;ERSON COUNTY DEPARTMENT OF PUBLIC ��
AUTHORIZATION TO CONSTRUCT PERMIT - _ 3 d_ 0 7
:OR OPERATIONS PERMIT Cali 682.4228 Between 7 am - 8 am _
f/J PgzPtrf _Date -5Nner 3- ZZ19 ��.SP-PP2oypr
jilding Contra for n `f" _ AC 34027
it No. � Devefopme t 1_ '/ C t•T Y
WI No.
Dcation
FIN No.
New Construction Repair ❑
Pre -Existing Tank Cl Addition ❑
louse Mobile Home ❑ Other System Type
lo. Employees Tank Size Stone Depth
Jo. Bedrooms _Design Flow GPD Sq. Ft.
� Drainfie!d
.ot Size LTAR Max. Trench Bottom Depth
Basement: Yes ❑ No ❑ �asernent Plumbing: Yes ❑ N° ❑ IF ENGINEERED PLANS ARE REQUIRED,
Nater Supply - ❑ Community,..- Individual THEY MUST BE SUBMITTED, APPROVED BY
Cl City ❑ Shar d THE DEPT. AND INSTALLED WITHIN 5
i YEARS FROMWTHE�DE OF THI EAMIT.
Permit validfor 5 yearat o ssuae.Repairs to be com let72�y� / da � _ �� U- r ,�
/ Issued By.
Owner's Signatures � / /' Environmental Health p�cialist
VAdd ONLY FOR USE A-% DESCRIBED A80VE
DRAWING NOT TO SCALE
C.t:AJj-rt,�,AftL, nt�aD
�...St-z•-�.. - GJ Pc�� " r,.�r'` �' (L - - . .. •- - - .. - �,� ,r1 � Q �Z !
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HENDERSON COUNTY HEALTH DEPARTMENT.
SEPTIC TANK SYSTEM IMPROVEMENTS PERAUT--
692.4228
An Authorization to Construct Permit is required before any excavation on the lot can
begin. A Building Permit Application will only be given with an Authorization to Construct
Permit. Permit subject to revocation if site plan or intended use change. pq
Pcop�ct5 Date Fed 1 1
Owner ,
Lot '# Development -
Location K)C 1cr I i/L Tc; ��F CcQ-C,-K T)c:aQ _
House Q Mobile Home ❑
Other
No. Employees �— ^ f� No..Sedrooms 3
Design Flow GPD 3 1 iJ
Owner's Signature 1
2A
VALID ONLY FOR 6SE AS DESCRIBED ABOVE
DRAINING NOT TO SCALE
r49 _.28050
wl #
PIN # [7 `� �� 0 3 — Z _Q`'`:_
Approved Cl
Disapproved � .
Trench Bottom Depth
Trench width
ter Supply - . ❑ Community ❑ Individual
City ❑ Shared
Size Or Z. ptc Slope
P 1
gram: Show property lines, buildings, location,
backs, well, driveways, streams, bodies of
er, and magn ic, pr�*/
led .By: �` " S,
,Environmental Health Specialist
L o ``
19--t31
-A too t.;7-Fctzr-La
i��
C 1p=
Y
Cl • C' y� [G' L� CT e
11 r

HENDERSON COUNTY DEPARTMENT.OF.PUBLIC HEALTH
AYTHORIZAT/ON TO CONSTRUCT OERMiT
FOR OPEPATIONS PERMIT Call 692.4228 Between 7 am - 8 am
?weer
Date f L F
luilding Contractor T
.ot No. development I l e C �e Q
.ocation lJ`C pr t L
'3 A-.1'v�G-Ter
House Mobile Home ❑ Other
No. Employees N
No. Bedrooms 2 Max Design Flow GPO 2"+0
Lot Size I o 2-5 R'c. LTAR
Basement: Yes No ❑ Basement P►umbing: Yes ❑ No ❑
Water Supply - ❑ Community Individual
City_ nSared
Permit valid for 5 years fro e. dance.
Repairs to be completed. 4' ys.
/Owner's Signature
VALID ONLY —FOR USE AS DESCRIBED ABOVE
DRAWING NOT TO SCALE
WI
i i°19 _33907
No.
i Construction Repair
Existing Tank ❑ Addition ❑
tern Type P1"
5
k Size P l r.5 Stone Depth I
infield 9 6 o (L P P} Sq. Ft.
c. Trench Bottom Depth
ENGINEERED PLANS ARE REQUIRED,
EY MUST BE SUBMITTED, APPROVED BY .
E DEPT. AND INSTALLED WITHIN 5
ARS FROM T E A O THIS PERMIIT.
ued By: '
E iironmental Health Specialist.
+
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(y a _� e ,..c� ^�Q O fQ I lJ I F f j F
—eZ � ��c��a
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n
NOT G��pC 5i u
DR�v� Ov�z
SE?7IIf
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SON COUNTY HEALTH DEPARTMENT
A,MORIZATION TO CONSTRUCT PERMIT
! . ..CATIONS PERMIT Call 692.4228 Between 7 am - 8 am
Owner �J N P T'C o f cT , e 5 Date 3 0 (, Dr
Building Contractor
Lot No. ___ Development TV CCQ(a< 11
_ Location MC I qi 1 T I 1 51D t i II L 5:� 1 ,&=` P r
S4 C i
House Mobile Home ❑
Other
No. Employees
No. Bedrooms Design Flow GPD �-
Lot Si e" © 1 PrE • LTAR
Basement: Yes No ❑ Basement Plumbing: Yes p No ❑
Water Supply - ❑ Community ❑ individual
Q City hared
Owner's Signature
VALID. ONLY )FOR USEAS DESCRIBED ABOVE
DRAWING NOT TO SCALE
AC NJ? _ .:994
No. 5 1 :2.3 — I
NI No.
'IN No.
Jew Construction f
lepair ❑
kddition ❑
're -Existing Tank ❑
System Type. D " L t)P
'ank Size-
)rainfield Z ZO Sq. Ft.
Aax. Trench Bottom Depth
it �o .z$8' 101' �P
)ermit valid for 5 years from date of issuanc
aepairs to be co let wit 0 days.
ssued By:
Envienrnental Health Specialist

• LiLs/Gravv■. ..rv■.■ ■ ram. �... ... �.-. �„
AUTNOR/ZATIOM TO CDtiISTRUCT PERMIT
FOR OP RATIONS PERMIT Call 692-4228 Between 7 am - 8 am
tier 9 V r ,-C- � S . , Date F
m0
luilding Contractor 1
.ot No. _ Development K
.ocaticn N C ICi I J:/L I r, p � e t�ce�A- I/ L
-louse Mobile Home ❑ Other
Vo. Employees P. I-
Vo. Bedrooms 3 -----Design Flow GPD
-ot Size LTAR
Basement: Yes Q No ❑ Basement Plumbing: Yes No ❑
Water Supply - ❑ Community ❑/Inividual
O,City. ared11
Permit valid for 5'years fror of" e..
Repairs to be comple• O� ay�i
Owner's Signatur
VALI NLY FOR USE bS DESCRIBED ABOVE.
DRAWING NOT TO SCALE
i 1-T? _ 33906
WI No.
PIN No.
New Construction Repair ❑
Pre- Existing Tank ❑ Addition -❑
Sys tem Type I L P IP
Tank Sizes Stone Depth
Driinfield `j 410 Sq. Ft.
Max. Trench Bottom Depth��
IF ENGINEERED PLANS ARE REQUIRED,
TH MUST BE SUBMITTED, APPROVED BY
THE DEPT. AND INSTALLED WITHIN 5
Y RS FROM E DATE OF IS PE MITT.
s Y
Ised B : A, kL
J,
-
�oironmental Health Specialist
v
c r Q--
�1�2
,i: ,ti: a^.S.�cT� ��;�} �u.;:.:'o-'s� - :..... ��r..r. PVrwa.�-�<h.;5 •5` -5 •re "--�• . S �� � - -• ;� P i e r� -
:�:.r•�Y:• tip.,,��rLl;�',is •` y.�'ak�,•^r�✓•.�/�.��•} .r 1`.. _ =- _ `. _� i•-
42
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t. n ~'.
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TPc — -- c 9 � C, i

,HENDERSON COUNTY HEALTH DEPARTMENT
-AUTHORIZATION TO CONSTRUCT PERMIT
FOR 6PERA710NS PERMIT QaI.4228 Betweeft-7`7rW 8 am .
I-G92 _
L
Date
)wner
luilding Contractor t
.ot No. _L-- Developments = n Q Coe
-ocation
Ste-
-louse Mobile Home ❑ 5Q P Ca
OtheryJ
No. Employees
wLQK 6.0
No. Bedrooms Design Flow GP.
Lot Size d- g c� ptl- LTAR 00 � S
Basement: Yes No ❑ Basement -Plumb g: Yes No ❑
Water Supply - ❑ Community r �❑ .�Jnd dual
Owner's Signature IV;* ►' `. \ '
VALId'�dNLY F R 0!SE AS DESCRIBED ABOVE
DRAWING N.OTJO SCALE .
C To _ 9.1
I.No. f� 15'
WI No.
PIN No-
Ne Construction
Repair ❑
Addition ❑
Pral Fxistlna Tank ❑
smType��--i2 +a E?S
cSize 5Qa
afield% `� Sq. Ft.
.Trench Bottom Depth
Depth O C E r 7.
nit valid for 5 years from date of issuance.
airs tpbeom ted in 0 daysied Bal Health Specialist.
--c'- Cn�
w `� _ �e
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H DE1 30N QOUNTY DEPARTMENT OF PUBLIr HEALTH
•7JTHt7R/ZATION TO CONSTRUCT PERMIT
FOR OPEFU .TIC PERMIT Call 692-4228 Between 7 am - 8 am
Owner 5� tJ P F ; f c . Date .% C FQ b 91
Building Contiactor
Lot No. Development 7c S
T� ,
Location '
J
House, © Mobile Home ❑ Other
No. Employees
No. Bedrooms Design Flow GPD S C
Lot Size l^, L I" ' LTAR %' d
Basement: Yes ® No ❑ Basement Plumbing: Yes ® No ❑
Water Supply ❑ Community ❑ Individual
Ed City- ❑ Shared
Permit valid for 5 years fr m date. of issuance. .
Repairs to be cam in 30•daLs.
Owner's Signature/
VALID ONJ.Y-'FOR USE AS DESCRIBED ABOVE
DRAWING NOT TO SCALE
i 1 '�•= C=c r
`,
-CC C`
IC
. c.
L C
co C
AC D19: 33898
Wi No.
PI�No.
New Construction Repair ❑
Pr e-Existing Tank ❑ Addition ❑
System Type
Tank Size r �• -- _ Stone Depth '
Dlainfield • ' 90C cc = Sq. Ft.
Miax. Trench Bottom Depth r,
IFI ENGINEERED PLANS ARE REQUIRED,
THEY"MUST BE SUBMITTED, APPROVED BY
THE .DEFT. AN.D- INSTALLED WITHIN 5
YEARS FROM THE DATE OF THIS PERMIT.
Issued By:
Environmental Health Specialist
:

—;I�NDERSON COUNTY DEPARTMENT OF PUBLIC HEALTH
AUTHORIZATION TO CONSTRUCT PERMtr '
FOR OPERATIONS PERMIT Call 692-4228 Between 7 am - 8 am
5 E lOwner
j p6Lo PZP ti E.5 Date -3
Building Contractor
Lot No. 2• Development `C• R ! PL
Location !v' �- c` , (_ CAL —CIE K_
-71L. cypAzs5 astr, . -b Lor AT. r^,�tD�r-SAC
House 0- Mobile Home ❑ Other
No. Employees .
No. Bedrooms 113p 'Design Flow GPO
Lot Size /), 41_ LTAR
Basement: Yes No ❑ Basement Plumbing:
Water Supply - ❑ CommunitY`l ❑ Individual
.City Shared
Permit valid for 5 year" in of-" u nce!
Repairs to be coot
rlwnar'c Sir!niturB� •y / j /
Yes ❑ No ❑
1.ON USE AS 'DESCRIBED ABOVE
DRAWING'NOT TO SCALE
N9 _34545
a---3_45.45 .
)INI No.
4e Construction ❑ Repair ❑
Ore -Existing Tank ❑ Addition ❑
3y Item Type
Zik Size �•• Stone Depth
nneld r �- Sq. Ft.
Max. Trench Bottom Depth
IF ENGINEERED PLANS ARE REQUIRED,
EY MUST BE SUBMITTED, APPROVED BY
THE DEPT. AND INSTALLED WITHIN 5
YEARS FROM THE DATE CF HIS PER. MIT.
-..
Issued By:
Environmental 6 Specialist
Lo` -M00rF I Z 0 _r -h7fV
JEN A
DIJ,r� G�l
�Q 6
-T"LL _Sp1�'.::.w��i��S'S GdaO( i[p•
o'�'r
l'( f'r^1
fS l
ee"Vzz 4-0� .

HENDERSON COUNTY HEALTH DEPARTMENT
T7 AUTHORIZAT10N TO CONSTRUCT PERMIT
FOR -OPERATIONS PERMIT Cail 692.4228 Be l am--8 am
�
Owner 7 ca Date ! 6
Building Contractor `
Lot No. Development._ T� o I
Location �4C 19 l j f L
6
House Mobile Home ❑
OUher — -
No. Employees
No. Bedrooms 34 K Design Flow GPD
Lot Size
Basement: Yes ❑ No -9,---, Basement Plumbing: Yes ❑ No 19
`Hater Supply - ❑ Commur'�.. Individual
gat ❑ Shared
Owner's Signature a j
VALID "LY FOW USE hS' D A(BED ABOVE
DRAWINGNOT TO SCALE—`
9 r
,C — - - ems- �.�•. ' ��--c,�_:�..; -.�; :.: _•� �-�::.-.
Q—
.r
1 Z.c
AC 141 _262
I fib. )g ro o
WI No. Cr'T9
M.
r Construction
air ❑
icon ❑
E-isting Tank ❑
lem Type ? t--t � 16 -
k Size P 1`5
infield 7 z eq'" V' Sq. Ft.
' 7
L Trench Bottom Depth l S
-nit valid for 5 years from date of issuance.
)airs to be c pl ed with. 30 da
jed : BY v°----- �'
ET�6ilmental Health Specialist

HENDERSON COUNTY HEALTH DEPARTMENT
'*`�EPTIC TANK SYSTEM 1MPROVEM'ENaS-�i3Mrr
692-4 228
An Authorization to'ConsUuct Permit is required before any excavation.on the lot can
begin. A Building Permit Application will only be given with an Authorization to Construct
Permit. Permit subject to revocation ifsiteplan or intended use change.
Owner 5—i- �iaDcc I'; e s Date )(0
Lot #2-25 _ Development
Location t C: D e C c G= K C Z J 2
House Mobile Home ❑ .
Other
No. Employees _ N f (�lt No. Bedrooms., 3
Design Flow GPO
Owner's Signaturev /
VALIdONLjFOR USE A,S DESCRIBED ABOVE
'- RAWING 140T TO SCALE
i 9 _28049.
WI #
PIN # g 6 -3 - }, r4tr
Approved ❑
isapproved
ax. Trench Bottom Depth
Cax. Trcnch Width
ater Supply - ❑ Community ❑ Individual
City ❑ Shared
.ot Size �e c Slope 3' S %
.TAR
)iagram: Show property lines, buildings, location,
setbacks, well, driveways, streams, bodies of
eater, and mag sti o 1
ssued By:
Environmental Health Specialist
1
L' 1
2-
I
Cr
- --� _.��':�: - T;.. ..: .. 51•-:-"... :;\'Q.;:��-:�' • `.;L� • 5��`-wcz�=�Dss•- �co--� , o..-� �
�o
11 ��5 �E ►; E w.e� ) Q
`�� with c �• a bp�ej
w Q 5-11-
CL
5 1 I,�
f C�IF�C<<I je I
Ccam; aC- i

T1Ci�YGi'fJV� VVVna l 9*4w 0' .Jn LOCrAIMA mrxva
SEPTIC TAMK SYSTEM IMPROVEMENTS PERMIT -
. _. • _:.: _ . 692-4228
An Authorization to Construct Permit is required before any excavation on the lot can
)egin. A Building Permit Application will only be given with an Authorization to Construct
3ermit. Permit subject to revocation if site plan or intended use change.
Dwner P� a O e r T: e 5 Date.) i F4-, 9 9
-ot # Development T : Q CceQ r.
-ocadon ll iJ C I1 1 -T/ L l C Ole Ct-eQ Y Dc ; J P
-louse Mobile Home ❑
Dther N 1I'�
LC
Vo. Employees A - �� Bedr " ms LT
Design Flow GPD �ZO i /' �� .Di;
Dwner's Signature Z_r;//./
VALID/ONLY FOR/USE AS DESCRIBED ABOVE .
DRAWING NOT TO'SCALE
-J? -28048
WI #
PIN # —'
Approved ❑
Disapproved
Trench Bottom Depth X
.Trench Width :
er Supply - ❑ Community ❑ Individual
tt �- City ❑ 'Shared
Size l o al r- Slope /0
,R
m: Show property lines, buildings, location,
:ks, well, driveways, streams, bodies of
and mn ti agc
By: _ ��
r7ironmental Health Specialist
-
Lo� �� 2 e
y��
I`� tJ1�cP+
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OL
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ITC
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HENDERSON COUNTY HEALTH DEPARTMENT
,,.,...AUTHORIZATION TO CONSTRUCT PERMIT
..OR OPERATIONS PJERMIT Call 692-4228 B eep 7 am = 8 am
Owne Date
Building Contractor 1
Lot No. 3 Development Tc' 'F Ccee K
Location LC 121 111 i
House N- - Mobile Home ❑
Other
No. Employees A
AC i°3° _ 98 9
I No. 5 -3
WII No. c : Y
PIN No.
New Construction Q
Repair ❑
Addition ❑
Pre -Existing Tank ❑ .
System Type �-
No. Bedrooms—7)�`�`a x Design Flow GPD -� 6 0 C
Lot Size 01 4 6 c' LTAR Q o D 3 C 0 P
Basement: Yes ® No ❑ BasemenPlumbing: Yes No ❑ S
Water Supply - ❑ Community OL[Indual P
Owner's Signatur
vAt� kwuf F0,I
a W
�.v
42
E ASIDESCRIBED ABOVE
NOT TO SCALE
( Size 1)e Q r7 �a S
nfield 15763 cr;.\.,t u, Sq. Ft.
V
. Trench Bottom Depth
ie Depth 12
nit valid for 5 years from date of issuance. -I
airs to be co let'ee with'
3 days.
ed By: �
Envjrflrimental Health Specialist
Cac)e
-
i
H.
CL � c, : C.1\ 1 Q '� To
1
) I
�C�¢.G�•u i� C
N
1
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,n.
o�eC ��� `t Q�Sc�s;
yLS Y�c}e`1`J
V V�
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PFPP7
SfF�J ��7��'�4✓lfi?�C
LAWS AND RULES
SEWAGE TREATMENT=
DISPOSAL SYSTE
15A NCAC 18A .1900
NCDEN�F
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURC
AND
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH
ON -SITE WASTEWATER SECTION
Law Amended Effective August 2
Rules Effective July 1, 198,
Rules Amended Effective January
1996
1, 1999

NR - E,NWRONMENTAL HEALTH
TABLE V(b)
MANAGEMENT ENTITY
Minimum System
System Management Inspection/Maintenance
Classification Entity Frequency
T1 SA: 18A .1900
Reporting
Frequency
Type 1
Owner
N/A
N/A
Type II
Owner
N/A
N/A .
Type III
Owner
N/A
N/A
Type IV
Public Management
2/yr. 1
12 mos.
Entity with a
Certified Operator or a
private Certified Operator
Type V
Public Management
a. 2/ r 0-1500 GPD)
6 naos,.
� _
Entity With a
�;lyt I'i5-3+
Certified Operator or a
12/yr (3000-10000 GPD)
private Certified
1/wk (> 10000 GPD)
Operator
b. 12/yr (3000-10000 GPD)
1 /wk (> 10000 GPD)
c. 4/yr.
d. 12/yr.
Type VI Public Management Entity a. 1/wk(3000-10000 GPD) 3 mos.
With a Certified Operator 2/wk(10000-25000 GPD)
3/wk(25000-50000 GPD)
5/wk(> 75000 GPD)
b. 12/yr.
(1) A sewage collection, treatment, and disposal system that creates or has
nuisance by surfacing of effluent or discharge directly into groundwater or surface
destroyed shallbe repaired within 30 days of notification by the state or local heal
otherwise specifies a repair period in writing. If a system described in the precedi
disconnected, the system shall be repaired prior to reuse. The state or local 1
professional judgement in requiring repairs that will reasonably enable the syste.
reason, a sewage collection, treatment, and disposal system is found to be noar
the system shall not be used, and may be required to have any contents remc
backftll, or otherwise secured as directed by the authorized agent to protect the
(m) When necessary to protect the public health, the state or local health del,
controller of a malfunctioning system to pump and haul sewage to an approved
needed to repair the system.
History Note: Filed as a Temporary Amendment Eff. July 3, 1991, for a pey
December 30, 1991; .
Filed as a Temporary Amendment Eff. June 30, 1990, for a p
December 27, 1990,
Authority G.S. 130A-335(e),
Eff. July 1, 1982;
Amended Eff. August 1, 1991; October 1, 1990; January 1, 1
created a Dublic health ha: and or
waters, or that is partially or totally
h department unless the notification
ag sentence has for any reason been
iealth department shall .use its best
n to function properly. If, for any
,pairable, or is no longer required,
ved, collapse any components and
.public health and safety.
:artment may require the owner .or
wastewater system during the time .
of 180 days to expire on
d of 180 days to expire on
L
August 1, 1988;
z
NORTH C4ROLINA ADMINISTRATIVE CODE 09111198 Page 42

VPV
North Carolina Department of Environment, Health,
and Natural Resources
Division of Environmental Health
Application For approval of Plans
And Specifications For Water Supply
Systems
41.
• • c �.
Eo 98 -00 29 1
€BAR 0 5 1998 � {
DATE ✓� SERIAL NO.
(FOR OEHNR USE ONLY) l a.
LJ

JAMS 9. HUNTJR:::
GOVCRNOR
xr
SECRKTARY -
�:. DIRECTOR.
n
-. JE391G G�
n
NORTH. CAROLINA DEPARTMENT OF
ENVIRONMENT AN D NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH
PUBLIC WATER SUPPLY SECTION
i
January 20, 1999
Mr. Ezra Allman, Water and Sewer Department Director
City of Hendersonville
Post Of ice Box 1760
i� Hendersonville, North Carolina 28793
Re: Water Main Extension
Cit}J of Hendersonville to serve
Triple Creek Subdivision
Henderson County
I. 6�. #01-45-010
Dear Mr. Allman:
We have received a letter dated December 30, 1998 from your engineer G. Thomas Jones,
III, P.E. regarding the referenced project.
4
Your engineer has verified that the construction of the re erenced project has been completecl
in accordance with the plans and specifications approved under Division of Environmental Health
" serial number 98-002912 dated March 3, 1998. This complete our approval of this project.
If we can be of further service, please call us at (919) 33-2460.
Very trul
Technic
Public 1
JW LrrCC/lnc
cc: Harold Saylor, Regional Engineer.
Henderson County Health Department
William G. Lapsley & Associates, P.A.
Vunden,'P.E., Head
Services Branch
Lter Supply Section
Fa 0. Box 9536, RALEICH, NORPRMONE 919?733 2321
FORMS FAX [phone]
OEH/COMPLIAN Z SZRVIUAL OPMRTVNCH ARFIRMATVE ACTION EMPLOYER - 50 n RECYCLEO/B1090 pOST CONSUTACR PAPER

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH
PUBLIC WATER SUPPLY SECTION
U R March 10, 1998
JAMC9 B. HUNTJR. Mr. Ezra Allman, Wat and Sewer Department DlI=Ctor
GOV[RNOR City of Hendersonville
Post Office Box 1760
' Hendersonville, North Carolina 28793
Dear Mr. Allman:
MAR 1998
RECOV Q
m 0
WRa v
r Dlmion d V
Heatth ServjM
E� �U�
Re: - nsion
Ci ndersonville to serve
T 1ple Creek Subdivision
Henderson County
i. D. #o1-45-010
Enclosed please find one copy of the "Application for Approval...' together with one copy of the
referenced plans and specifications bearing the Division of Environmental Health stamp of approval and
signature: of the Public Water Supply Section Chief for the referenced project These plans and specifica-
tions are approved under Division of Environmental Health serial number 98-00291, dated March 5, 1998.
Plans and specifications prepared by G. Thomas Jones, III, P.E., call for the installation of
approximately 2,540 feet of 6-inch and 770 feet of 2-inch water mains, valves, hydrants and other
appurtenances along Triple Creek Drive, Cyprus Creek Lane and Stillwater Lane to provide service to Triple
Creek Subdivision with 30 lots located off NC Highway 191.
Public water system rules require that a registered professic
has been completed in accordance with these approved plans and
approval of this water main extension, please furnish us a copy of th
hislher professional engineering seal immediately upon completion c
shall not be made until the construction verification letter is received
One copy of each enclosed document is being forwarded to
copy is being retained in our permanent files.
If we can be of further service, please call on us at (919)
JWM/TCC/Inc
al engineer verify that construction
acifications. In order to complete the
engineer's verification affixed with
construction. Customer connections
v this office.
Asheville Health Office. The third
60.
Sincerely,
J. Wayne Munden, P.E., Head
Technical Services Branch
Public Water Supply Section
Enclosures: Approval Documents
cc: Harold Saylor, Regional Engineer
Henderson County Health Department
William G. Lapsiey & Associates, PA.
P.O. Hax 293
DEH/CaMPLIANCZ ZZWIC" I3MANCN FAX [phone] MAIN FAX 919•
AN EQUAL OPPORTUNITY I AFFIRMATIV9 ACTION EMPLOYZR
RALZIGN, NORTH CAROLINA 27626-0336
PHONZ 919-733-232!
3-4374.:,.� I Aa FORI+s FAX [phone]
% RZCYCLZ1 VI O% rosT-CONsu MZle PAreR

William G. Lapsley & Associates, P.A.
Consulting Engineers al d Land Planners
1635 Asheville Highway
Post Office Box 546
Hendersonville, North Carolina 28793
828-697-7334 • FAX [phone]
-n
It
E� 6-
May 2, 2000 2"1-,,
Hon. James L. Conner, II PG wEs'�Eri�!
Administrative Law Judge
NC Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Re: Case OOEHR 0408
Stanley Segal (S & N Properties, Inc.)
Vs. NCDENR
Dear Judge Conner:
On behalf of my client Stanley Segal, we submit herewith
•Sweimm for the above referenced case.
We have forwarded a copy of our Statement to Secretary I
If you are in need of additional information please contact
Si
William G.
WGL/ds
IA('C't�
cc: Secretary MW E. Holman
NC Dept. of Environment & Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
William G. Lapsley, P.E.
William R. Buie, P.E.
G. Thomas Jones III, P.E.
C'
RECEIVED
OFFICE OF GENERAL COUNSEL
'YUN'2 2000,
i
l
ENVIRONMENT HEALTH!
AND NATURAL RESOURCES
as requested.
office.
KECEIVED
JUid 'i - 2003
N. c, ATTORNEY GENERAL
Enviroemental Division
ems_

PREHEARING STATEMENT
Stanley Segal, S & N Properties, Inc.
Vs.
N.C. Department of Environment and Natural Resources
Case No. 00EHR0408
Office of Administrative Hearings
0A
Issues to be Resolved:
a. The issuance of NPDES Permit # NCG 551016,
551018.
Statues involved in this case:
a. NCGS Chapter 150B
b. NCAC 15A 2H.0112
Brief statement of fact and reasons supporting the Petitioner.I
a. The Petitioner submitted a complete and proper Appli
of treated wastewater to NCDEM on March 18, 1999
b. The Petitioner received comments and request for ada
from DEM on May 17, 1999. (Exhibit "B")
C. The Petitioner through its agent (William G. Lapsley
responded to the request for additional information or
(Exhibit "C")
d. The Petitioner received a copy of a Memorandum dat�
(Exhibit "D") from Harold Saylor, Regional Enginee
Office, NC Dept. of Environmental Health, Public W
to Wayne Munden, Head of the Technical Services BI
Supply Section which recommends against issuance
"Concerns" are raised in the memo, which are consid
justifications to deny issuance of the permits.
e. The Petitioner through its agent (William G. Lapsley
responded to the "concerns" by letter dated August 9,
As of this date neither the Petitioner nor their agent
& Associates, P.A.) has received a response from Mr.
Saylor regarding the letter dated August 9, 1999.
.f. The Petitioner is in receipt of a memorandum dated
1999.(Exhibit "F"), which reported the results of a mF
Roy Davis and Mr. Forrest Westall of the Asheville.)
(DEH) and Mr. Harold Saylor and Mr. Jim Adams of
Regional Office (DEH). The Petitioner was not invit(
participate in this meeting.
551017, NCG
cation for Discharge
(Exhibit "A")
itional information
z Associates, P.A.)
May 18,1999.
ed July 6, 1999
�, Asheville Regional
ater Supply Section,
ranch, Public Water
of the permits.
ered their
?r. Associates, P.A.)
1999. (Exhibit "E")
Villiam G. Lapsley
Munden or Mr.
.ugust 26,
:eting between Mr.
.egional Office
the Asheville
�d to attend or

g. The Petitioner notified the Division Environmental Mgmt. by letter dated
November 19, 1999 (Exhibit "G") that NCGS Chapter 150B through
NCAC 15A 2H.0112 requires a response from the Di ector within 90 days
of receipt of a complete application. The 90-day period identified as May
19, 1999 to August 27, 1999.
h. The Petitioner received notice of denial of these permits by letter dated
February 22, 2000. (Exhibit "H") The Petitioner submits that the Director
of the Division of Environmental Mgmt. did not respond within the
required 90-day response period, therefore, the permits must be approved
as submitted.
i. The Petitioner also submits that the NCDEH, Public ater Supply Branch
must show clear and show precise technical reasons why the proposed
discharges will impact the drinking water supply intake located
approximately 4 miles downstream.
3. List of proposed Witnesses:
a. Stanley Segal, Petitioner
b. G. Thomas Jones, P.E.- (William G. Lapsley & Associates, P.A)
C. William G. Lapsley, P.E.
4. Discovery: The Petitioner does not intend to pursue discovery of any further
evidence.
5. Location of Hearing: The Petitioner requests that the hearing be held in
Asheville, North Carolina.
6. Estimated length of hearing:. The Petitioner estimates a hearing to last no more
than 2 hours.
7. Attorney: The Petitioner will be represented by his cons lting Engineer,
William G. Lapsley, P.E.
8. Hearing: The Petitioner is ready any date after June 1, 2000.

04. 12. 2000 0 9 :5 0
William G. Lapsley & Associates,
Coiisul[ing* Engineers and Land Planners
1635 Asheville lllghway
Post Office Box 546
Hendersonville, North Carolina 28793
828.697-7334 a PAX 9281-697-7333
March 19, 2000
Ms. WiaErwin,-Depu.ty Clerk
Otflc® of Adniinittrative Hearings
67 1 4 14ill Service Center
Raleigh, NC 27699,6714
Re: .'Contested Case Hearing
Dear Ms. Erwin:
'Enclosed for your records, please find a completed copy of thi
Ve are.fulfilling the Certificate of Service requireme . nt by for
and petition to Secretary Holman'
If you need additional information, please feel free to contact
WGL/ds
Cc! Stanley Segal
8'& N Properties, Inc.
0
W1111 rn R. Dula, P.R.
0, 1119maq i9n9v W,
MP—
rn Inl-M
P3
CD
I Petition.
a copy of this letter
office.
N. C. AT Om�e-) uLNEf
Environmental Division
j'fjj%jt-4j 1111 Iti-L-YVIVII V-1jV1

COUNTY Or (1) H
(youi name)
PET
04.12.2000 �
P FAS>; tyEt1HT c;L�F.ARLY UR TYPE
FILCU
OFME OF �,
ADMIN. HFAMhGa
0,
V.
RESPONDENT.
(The State agency or board about which you art complaining)
30 P. 8
IMalled to Petitioner 3121100
IN THE OEFiCE 6F
ADMINISTRATIVE HEARINgs
PETITION i
FOR A
CONTESTED CASE REA) tC
I hereby ask for a contested cast hearing as provided for by North Carolina Oencrnl Stalulc 1508.23 b ei
(Briefly state facts after✓ hoyv you believe yeu have boon harmed byt'� 5t�te agency�or
(If more space ]s needed, attach additional pages.)
(4) Because thes facts, the State agency or board has: (check at least one from each Wvmn)
_ df 4WIVed me of property; exceeded Its autl
Ordered me to pay a finF or civil penalty; or—7"actcd cause usl
Pro
��otherWise substantially proJudiccd my righis; AND Yfhlltd to use pro
Ectcd arbitrarily
z falled to act as r
(S) Date; J"o (6) Your phone number: ( )
(7) Print your full address: J�Q "00 C�L�Se
c v
(6) Print your name:
(9) Your signature:
Y00 tnust`mail or 4ellver a CQpY of this Petit n to the State agency or board named on line (3) of
or board to determine the name of the person to 1 e served.
CEE,')[IVICATE OF SERVICE
I certify that this P{ ition has boon served on the State agency or board named below by depositing
Service with sufflel�ttt postage affixed OR by delivering it to the named agency or board:(10)_ Lo-,Wim 1E. 0 1)
(12)
(13) This the
(14) .
�n
(your signature)
When you WOo0tttpltk;d this form, you NIJJST mail or deliver the ORIGINAL AND ONE COP
6714 Mall Servico Ccntcr, Raleigh, NC 27699-67 14.
the Respondent htnyyfonit ent3l Division
)rity jurisdittion;
er procedure;
r capriciously; Or
iulred by law or talc.
—
s form, You should contact the agency
a copy of it with the United States Postal
L
�Ror and online
sae) .�.—
tf
f to tht ptTica of Administrntive Hcarina3..� �r
H-06 (11/99)

04.12.2000 0"'31
March 8, 2000 ;
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
RE: NPDES Permits #NCG551016
#NCG551017
#NCG551018
D"r lira:
Vile have recently received a letter dated February 22, 2000, from the e Division of
W atez Quality informing us that the above referenced permit applications have been denied.
In accordance with NCGS Chapter 150B, please consider this letter to be our writteni
.petition requesting ari adjudicatory hearing on this action by the State Regulatory staff.
It is requested that the hearing be held in Asheville, North Carolina, for the convenience
of all parties.
We look forward to a thorough review ofthesepermit
applications
P elm °st
Lapsley, Fthe �E , if you
eonvpnience. Please feel free to contact our representative,
have:any questions about this request,
-Sincerely,
�LICCI L
itarilcy Segal
-S&N Propertica, Inc.
cc; IAsheville Regional office ;
J. Wayne Munden
Public Water Supply Section
William.G. Lapsley, P.E.
P. 9
***END***

94 .5
William G. Lapsley . Associates, P.A.
Consulting Engineers a{ d Land Planners
1635 Asheville Highway
Post Office B4 546
Hendersonville, North Carolina 28793
828-697-7334 • FAX [phone]
March 18, 1999
Mr. William C. Mills, P.E.
NCDENR / Division of Water Quality
Stormwater and General Permits Unit
P.O. Box 29535
Raleigh, NC- 27626-0535
RE: Lot #5, Triple Creek.Subdivision _
Sand Filter Wastewater Treatment System
Henderson County
Dear Mr. Mills:
Enclosed for your review'please find the following for the above r
1: NPDES. Application for coverage underNCG550000 (one origin
Request for Authorization. to Consfrucf (one original and two cop
3:. Letter of Disapproval from the: Henderson County Health Dept. (
.4. 3 sets of plans & details
5. ,. $50 permit fee
This subdivision is approximately I mile from a public sewer syst
Hendersonville). To reach the sewer system, a large pump station wc�
the public sewer system is approximately 120' higher than any possib'
subdivision. The rough -estimated cost to build a collection system, pi
force main for the subdivision is $300,000. No land is available for 1
this is not a feasible alternative.
Please let me know if you have any questions or need any additi
Sincerely,
G. Thomas Jones III, P.E.
cc: Norton Segal, Roy Davis (NCDENR)
information.
William G. Lapsley, P.E.
William R. Buie, P.E.
G. Thomas Jones III, P.E.

EL
0,91Wrr■ -40
P40M CAIKXI— DCP-- K * o.
tjM ,Ew N o mp — RVWLu*CrZ
NOTICE OF INTENT
Di,,. -ion of `Water Quality / Water Quali�.r Section
National Pollutant Discharge Elimination
NCG550000
System
Date Received
Year Month Da
Certificate of Covers e
NCG
Check q 1 Amount
Permit Assisted to
National Pollutant Discharge Elimination System application for covlerage under General Permit
NCG500000: Single Family Domestic Units and/or facilities discharging less than 1000 gallons per
day of domestic wastewater and similar point source discharges
(Please print or type)
1) Region contact (Please note: This application will be returned if you have not met with a
representative from the appropriate regional office): I -
Please list the N.CDENR Regional Office representatives) with whom you have met:
Name: Ro-1 r->AvLz Date: I Lrt:-rre-W- 2/2-41 99
2) Mailing address' of owner/operator:
Owner Name S N Pt2oPf�T��S + Nc,
Street Address 500 cfaoa4cfA> Ca-e r V, LA,4 E �
City RE-N t�e.�tso^' VState Ne
Telephone No. (Home) Z26 (99C. - ZoZ-7 (Work)
Address to which all permit correspondence will be mailed
ZIP Code 267 3
5.4-rrt e-
3) Location of facility producing discharge:
Street Address TR%V+-f- crL-t-e-V, "-r "J:I-. S
City NIF.NVF.cLso�s
County N F� oF.2soJ
Telephone No. szb t• ?16 - ZOZ-7
4) Physical location information:
State INC- ZIP Code Z &7 39
Please provide a narrative description of how to get to the facility (use
numbers, and distance and direction from a roadway intersection). _
mcG I Q 1 AtV20%. Z to=, *1UtA HF,rtD�RSo,aVwt.�
5) This NPDES pertnit application applies to which of the following
N, New or Proposed (system not constructed)
❑ Existing (system constructed); If previously permitted by loc
please provide the permit number and issu
❑ Modification; please describe the nature of the modification:
6) Description of Discharge:
a) Amount of wastewater to be discharged:
i 3
Number of bedrooms x 120 gallons per bedroom =
Page 1 of 3
names, state road
o tv t. 6 F
or county health department,
date
fo O gallons per day to be permitted
SWU-216-01019,9 ..

( 4CG550000 N.O.I.
11) Additional Application Requirements:
a) If this application is being submitted by a consulting engineer (or
documentation from the applicant showing that the engineer (Or
has been designated an authorized Representative of the applies
b) If this application is being submitted by a consulting engineer (or
the treatment system must be signed and sealed by a North Can
Engineer and stamped - "Final Design - Not released for constru
c) If this application is being submitted by a consulting engineer (or
specifications for all major treatment components must be signec
registered Professional Engineer and shall include a narrative de
to be constructed.
12) Certification:
I certify that I am familiar with the information contained in this
knowledge and belief such information is true, complete, and <
Printed Name of Person Signing:
Title: , S ,
f
(Signature of Applicant)
N0;k-roP�3 Sv-GAt_
gineering firm), include
i) submitting the application
ngineering firm), final plans for
ina registered Professional
engineering firm), final
and sealed by a North Carolina
cription of the treatment system
and that to the best of my
5 & ►) PaOPF-R--nUS ,I 114c.,
North Carolina General Statute 143-215.6 b (i) provides that:
�>II,�lgS,
(Date Signed)
Any person who knowingly makes any false statement, representation, or certification in any
application, record, report, plan or other document filed or required to be maintained under Article
21 or regulations of the Environmental Management Commission implementing that Article, or
who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or
method required to be operated or maintained under Article 1 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a
misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six
months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than
$10,000 or imprisonment not more than 5 years, or both, fora similar offense.)
Notice of Intent must be accompanied by a check or money o
NCDENR
Mail three (3) copies of the entire package to:
Division of Water Quality
Stormwater and General Permits Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Note
The submission of this document does not guarantee the issuar
for $50.00 made payable to:
of �n NPDES permit
Page 3 of 3
SWU-216-010199

S & N Properties, Inc.
500 Crooked Creek Lane
Hendersonville, NC 28739
March 10, 1999
NC DENR / Division of Water Quality
Stormwater and General Permits Unit
P.O. Box 29535
Raleigh, NC 27626-0535
Re: Lot #5, Triple Creek Subdivision
Authorization to Construct
Sand Filter Wastewater Treatment System
Henderson County
Dear Sirs:
This is to advise you that I am requesting and Authorization to Constr
treatment system designed by William G. Lapsley & Associates, P.A.,
project. This authorization is being requested in conjunction with the..
under NCG550000.
the sand filter wastewater
the above referenced
ilication for Coverage
Please feel free to contact Mr. G. Thomas Jones III, P.E. at [phone] should you have any
questions.
Norton Segal, Secrete
S & N Properties, Inc.

r
RSON COUNTY HEALTH DEPARTMENT
EP,TIC TANK SYSTEM IN, OVEMENTS PERMIT
692.4228
An Authorization to Construct Permit is required before any excavation on the lot can
oegin. A Building Permit Application will only be given with an Authorization to Construct
Permit. Permit subject to revocation if site plan or intended use change.
Owner 5+ P�oQctc�'.-c5 Date 10 Fel77
_ot # Development 1 p`e CC., Q K
_ocation �3 C 19 1 i 1 L Tc : ,D � e C c=—
's I' f a - 1Zfi
-louse Mobile Home ❑
Dther
do. Employees _
Design Flow GPD
3wner's Signature
No. Bedrooms 3
VALID ONLY FOR "E AS DESCRIBED ABOVE
DRAWING NOT TO SCALE
l� C- Pcc e J CDC- I_:. d ��:C..
sc. :1 cz �Q
3
LcQc Y.
o� 'S FCLC I?TO C
d 4'S�e .�
'a%k: ceC
5'Jr
o -C P
c -Oc� c .
S IJ
U-;. �
7 �
C O }ci c� ZO.i DO, %) 5 0.1 D
�($S� zst
.- n c
C��� t
C �� e� c
N D� �' c
} i`e r- Xe
N° -28050
WI #
PIN # 4 6 S d
Approved ❑
Disapproved
ax. Trench Bottom Depth
ax. Trench Width
ater Supply - ❑ Community ❑ Individual
City ❑ Shared
�t Size Slope 5 -;c
%
AR
am: Show property lines, buildings, location,
icks, well, driveways, streams, bodies of
,and magn TV
J By:
nvironmental Health Specialist
:T Q;.ci�er-
t
%X V
( 4)z") L. )941]
1 z „ ) L- 19-t 31 c--,�.
4 1CC) %v = Q- ?CZZt- Lc
; l-
re)Octlo

01V
State of North Carolina
Department of Environment, .
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
March 25, 1999
Mr. G. Thomas Jones III, P.E.
William G. Lapsley & Associates, P.A.
PO Box 546
Hendersonville, North Carolina 28793
197
Subject: NPDE:
Applic,
S & N'
Dear Mr. Jones:
This is to acknowledge receipt of the following documents on Mai
X Completed Notice of Intent (Application Form),
Engineering Proposal (for proposed control faciliti
Request for permit renewal
X Application processing fee of $50.00.
Engineering Economics Alternatives Analysis,
X Engineering Plans and Specifications
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
X Other: County health department denial of ground
The items checked below are needed before review can begin:
Completed Notice of Intent (Application Form),
Engineering proposal (see attachment),
Application Processing Fee of $,
Delegation of Authority (see attached),
Biocide Sheet (see attached),
Engineering Economics Alternatives Analysis,
Engineering Plans and Specifications
Local Government Signoff,
Source Reduction and Recycling,
_ Interbasin Transfer,
Other:
E N R
General Permit Application
.tion Number NCG551018
3roperties, Inc. (Lot 5)
;on County
22, 1999:
orption.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/110% post, consumer paper

If the application is not made complete within thirty (30) days, it will be returned to you and may
be resubmitted when complete.
This application has been assigned to Mack Wiggins (919/733-508I3) Ext. 542 of our Permits
Unit for review. You will be advised of any comments, recommendations, questions or other
information necessary for the review of the application.
I am, by copy of this letter, requesting that our Regional Office Su
and recommendations regarding this discharge. If you have any qu
application, please contact the review person listed above.
Sincerely, r
/&�
ck Wiggins
Stormwater and General Permits Unit
cc: Asheville Regional Office
Permit Application File
visor prepare a staff report
ons regarding this

State of North Carolina
Department of Environment,
and Natural Resources •
Division of Water Quality
James B. Hunt, Jr., Governor D E N R
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
March 25, 1999
Mr. G. Thomas Jones III, P.E.
William G..Lapsley & Associates, P.A.
PO Box 546
Hendersonville, North Carolina 28793
Subject: NPDPS General Permit Application
Application Number NCG551017
S & N Properties, Inc. (Lot 28)
Hend�rson County
Dear Mr. Jones:
This is to acknowledge receipt of the following documents on Mar' h 22, 1999:
X Completed Notice of Intent (Application Form),
Engineering Proposal (for proposed control facilities),
Request for permit renewal
X Application processing fee of $50.00.
Engineering Economics Alternatives Analysis,
X Engineering Plans and Specifications
Local Government Signoff,
Source Reduction and Recycling,
_ Interbasin Transfer,
X Other: County health department denial of ground absorption.
The items checked below are needed before review can begin:
Completed Notice of Intent (Application Form),
Engineering proposal (see attachment),
Application Processing Fee of $,
Delegation of Authority (see attached),
Biocide Sheet (see attached),
Engineering Economics Alternatives Analysis,
Engineering Plans and Specifications
Local Government Signoff,
Source Reduction and Recycling,
_ Interbasin Transfer,
Other:
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 91i9-733-5083 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

If the application is not made complete within thirty (30) days, it w�11 be returned to you and may
be resubmitted when complete.
This application has been assigned to Mack Wiggins (919/733-50813) Ext. 542 of our Permits
Unit for review. You will be advised of any comments, recommendations, questions or other
information necessary for the review of the application.
I am, by copy of this letter, requesting that our Regional Office Sul
and recommendations regarding this discharge. If you have any qui
application, please contact the review person listed above.
Sincerely,
Mack Wiggins
Stormwater and General Permits Unit
cc: Asheville Regional Office
Permit Application File
visor prepare a staff report
ons regarding this

F North Carolina
nent of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Mr. G. Thomas Jones III, P.E.
William G. Lapsley & Associates, P.A.
PO Box 546
Hendersonville, North Carolina 28793
Dear Mr. Jones:
E N. R
March 25, 1999
Subject: NPDFS General Permit Application
Application Number NCG551016
S & N Properties, Inc. (Lot 29)
Henderson County
This is to acknowledge receipt of the following documents on Mat
X Completed Notice of Intent (Application Form),
Engineering Proposal (for proposed control faciliti
Request for permit renewal
X Application processing fee of $50.00.
Engineering Economics Alternatives Analysis,
X Engineering Plans and Specifications
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer,
X Other: County health department denial of ground
The items checked below are needed before review can begin:
_ Completed Notice of Intent (Application Form),
Engineering proposal (see attachment),
Application Processing Fee of $,
Delegation of Authority (see attached),
Biocide Sheet (see attached),
Engineering Economics Alternatives Analysis,
Engineering Plans and Specifications
Local Government Signoff,
Source Reduction and Recycling,
_ Interbasin Transfer,
Other:
22, 1999:
absorption.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled) 10% post -consumer paper

application is not made complete within thirty (30) days, it
be resubmitted when complete.
be returned to you and may
This application has been assigned to Mack Wiggins (919/733-50 3) Ext. 542 of our Permits
Unit for review. You will be advised of any comments, recommendations, questions or other
information necessary for the review of the application.
I am, by copy of this letter, requesting that our Regional Office Suliervisor prepare a staff report
and recommendations regarding this discharge. If you have any questions regarding this
application, please contact the review person listed above.
Sincerely,
L
M/rmwaterand
Wggins
St G neral Permits Unit
cc: Asheville Regional Office
Permit Application File

96494111BVV
FrS'tate of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
May 17, 1999
Mr. G. Thomas Jones III, P.E.
William G. Lapsley & Associates, P.A.
PO Box 546
'Hendersonville, North Carolina 28793
Dear Mr. Jones:
E
Subject:
era] Permit No. NCG550000
of Coverage NCG551018
# 5, Triple Creek Subdivision
derson County
The Stormwater and General Permits Unit have reviewed the plans for S & N Properties, Inc. lot
# 5 Triple Creek Subdivision. Before we can proceed further the follovying items must be addressed.
1. The plans need to show that all treatment components (sel
feet from the dwelling.
2. Plan must show cleanout between the dwelling and septi
secondary sandfilters and anywhere between the chlorin(
point.
3. The plans must address that all piping elbows will be of the
4. The plans must address that adjustable caps will be installle
distribution of flow to the two primary sandfilters.
5. The plans must address that all cleanouts will be housed bi
to surface.
6. The plans must show that filter distribution lines will be car
7. The plans must show that all sandfilters are vented to the su
aeration and snaking.
8. Filters must show that distribution lines will be at a slope
slope of 0 to 1 %.
9. It should also be mentioned on the plans that this lot will be
Three sets of revised plans for this project should be submitted
tank) are at a minimum of 10
tank, between the primary and
contact chamber and discharge
ong sweeping type.
on the distribution box for equal
surface in meter boxes level
or plugged at the ends.
from the collection lines for
<2% and collection lines at a
erved by city water.
this office.
An Equal Opportunity Affirmative Action Employer 50% recy6led/ 100% post -consumer paper
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]

you have any questions concerning this permit, please
numner y191733-5063, extension 542.
Sincerely,
Mack K. I
Stormwatf
cc: Central Files
Asheville Regional Office, Water Quality
Stormwater and General Permits Unit
Mack Wiggins at telephone
iggins, Jr.
and General ermits Unit

North Carolina
ent of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
May 18, 1999
Mr. G. Thomas Jones III, P.E.
William G. Lapsley & Associates, P.A.
PO Box 546
Hendersonville, North Carolina 28793
Dear Mr. Jones:
Subject:
eral Permit No. NCG550000
:. of Coverage NCG551016
# 29, Triple Creek Subdivision .
derson County
The Stormwater and General Permits Unit have reviewed the plans for S & N Properties, Inc. lot
# 29 Triple Creek Subdivision. Before we can proceed further the following items must be addressed.
1. The plans need to show that the septic tank is at a minimum of 10 feet from the dwelling.
2. Plan must show cleanout between the dwelling and septic tank, between the primary and
secondary sandfilters and anywhere between the chlorine contact chamber and discharge
point.
3. The plans must address that all piping elbows will be of the long sweeping type.
4. The plans must address that adjustable caps will be installle on the distribution box for equal
distribution of flow to the two primary sandfilters.
5. The plans must address that all cleanouts will be housed below surface in meter boxes level
to surface.
6. The plans must show that filter distribution lines will be capped or plugged at the ends.
7. The plans must show that all sandfilters are vented to the surface from the collection lines for
aeration and snaking.
8. Filters must shows that distribution lines will be at a slope of <2% and collection lines at a
slope of 0 to 1 %.
9. It should also be mentioned on the plans that this lot will be served by city water.
Three sets of revised plans for this project should be submitted to this office.
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 o% post -consumer paper
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]

have any questions concerning this permit, please
number 919/733-5083, extension 542.
Sincerely,
Mack Wiggins at telephone
Mack K. iggins, Jr.
Stormwate , and General Permits Unit
cc: Central Files
Asheville Regional Office, Water Quality
Stormwater and General Permits Unit

North Carolina
lent of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
May 17, 1999
Mr. G. Thomas Jones III, P.E.
William G. Lapsley & Associates, P.A.
PO Box 546
Hendersonville, North Carolina 28793
Dear Mr. Jones:
Subject:
The Stormwater and General Permits Unit have reviewed the 1
# 28 Triple Creek Subdivision. Before we can proceed further the foll
1. The plans need to show that all treatment components are
dwelling.
2. Plan must show cleanout between the dwelling and septic
secondary sandfilters.
3. The plans must address that all piping elbows will be of the
4. The plans must address that adjustable caps will be installle
distribution of flow to the two primary sandfilters.
5. The plans must address that all cleanouts will be housed b
to surface.
6. The plans must show that filter distribution lines will be cal
7. The plans must show that all sandfilters are vented to the st
aeration and snaking.
8. Filters must show that distribution lines will be at a slope
slope of 0 to 1 %.
9. It should also be mentioned on the plans that this lot will be
Three sets of revised plans for this project should be submitted
eral Permit No. NCG550000
of Coverage NCG551017
# 28, Triple Creek Subdivision
derson County
s for S & N Properties, Inc. lot
ng items must be addressed.
a minimum of 10 feet from the
k and between the primary and
ong sweeping type.
on the distribution box for equal
ow surface in meter boxes level
;d or plugged at the ends.
ace from the collection lines for
of <2%, and collection lines at a
served by city water.
this office.
An Equal Opportunity Affirmative Action Employer 50% 1
P.O. Box 29535. Raleigh, North Carolina 27626-0535 Telep
led/ 10% post -consumer paper
919-733-5083 FAX [phone]

you have any questions concerning this permit, please
number 919/733-5083, extension 542.
Sincerely,
VaK.
StOn-nwE
cc: Central Files
Asheville Regional Office, Water Quality
Stormwater and General Permits Unit
tact Mack Wiggins at telephone .
ggins, Jr.
and General Permits Unit

I Sir it 644,
William G. Lapsley & Associates, P.A.
Consulting Engineers and Land Planners
1635 Asheville I ighway
Post Office B x 546
Hendersonville, North arolina 28793
828-697-7334 • FAX [phone]
May 19, 1999
Mr. Mack Wiggins
NCDENR / Division of Water Quality
Stormwater and General Permits Unit
P.O. Box 29535
Raleigh, NC 27626-0535
RE: Lot #29, Triple Creek Subdivision
Permit NCG550000, Cert. Of Coverage NCG551016
Henderson County
Dear Mr. Wiggins:
Enclosed please find three (3) sets of revised plans incorporating t
dated 5/18/99.' The revisions may be found in the following locati
Comment #
Revision Location
L '
Shown on sheet 1 of 2
2.
Shown on sheet 1, detail on sheet 2. For this lot, f
pump tank. is used in lieu of a chlorine contact cha
line of the pump station is under pressure, therefor
at that location.
3.
Added Note No. 1 under "Notes Per NCDENR" of
4.
Added Note No. 2 under "Notes Per NCDENR" of
5.
Shown on Cleanout detail on sheet 2
6.
Added Note No. 3 under "Notes Per NCDENR" o1
7.
Added Note No. 4 under "Notes Per NCDENR" of
8.
Added to End View of Sand Filter Detail
9.
Added Note No. l under "General Notes" on sheet
William G. Lapsley, P.E.
William R. Buie, P.E.
G. Thomas Jones III, P.E.
from your letter
detention time in the
ber. Of course the outlet
a cleanout is not shown
sheet 2
sheet 2
sheet 2
sheet 2
Ala

Please let me know if you have any questions or need any additional information.
Sincerely,
G. Thomas Jones III, P.E.
cc:. Norton Segal
Roy Davis (NCDENR)

1✓ k ulz-
William G. Lapsley & Associates, P.A.
Consulring Engineers and Land Planners
1635 Asheville Highway
Post Office Box 546
Hendersonville, North Carolina 28793
828-697-7334 • FAX [phone]
May 18, 1999
Mr. Mack Wiggins
NCDENR / Division of Water Quality
Stormwater and General Permits Unit
P.O. Box 29535
Raleigh, NC 27626-0535.
RE: Lot 928, Triple Creek Subdivision
Permit NCG550000, Cert. Of Coverage NCG551017
Henderson County
Dear Mr. Wiggins:
Enclosed please find three (3) sets of revised plans incorporating
5/17/99. The revisions may be found in the following locations:
Comment #
Revision Location
1.
Shown on sheet 1 of 2
2.
Shown on sheet 1, detail on sheet 2
3.
Added Note No. 1 under "Notes Per NCDENR" on sl
4.
Added Note No. 2 under "Notes Per NCDENR" on sl
5.
Shown on Cleanout detail on sheet 2
6.
Added Note No. 3 under "Notes Per NCDENR" on sl
7.
Added Note No. 4 under 'Notes Per NCDENR" on sl
8.
Added to End View of Sand Filter Detail
9.
Added Note No. 1 under "General Notes" on sheet 2
William G. Lapsley, P.E.
William R. Buie, P.E.
G. Thomas Jones III, P.E.
from your letter dated.
2
2
2
2
JIM

Please let me know if you have any questions or need any
Sincerely,
G. Thomas Jones III, P.E.
cc:. Norton Segal
Roy Davis (NCDENR)
information.

r tt.E—
William G. Lapsley & Associates, P.A.
Consulting Engineers �nd Land Planners
1635 Asheville Highway
Post Office B x 546
Hendersonville, North Carolina 28793
828-697-7334 • F 828-697-7333
May 18, 1999
Mr. Mack Wiggins
NCDENR / Division of Water Quality
Stormwater and General Permits Unit
P.O. Box 29535
Raleigh, NC 27626-0535
RE: Lot #5, Triple Creek Subdivision
Permit NCG550000, Cert. Of Coverage NCG551018
Henderson County
Dear Mr. Wiggins:
Enclosed please find three (3) sets of revised plans incorporating
5/17/99. The revisions may be found in the following locations:
Comment #
Revision Location
1.
Shown on sheet 1 of 2
2.
Shown on sheet 1, detail on sheet 2
3.
Added Note No. 1 under "Notes Per NCDENR"
on A
4.
Added Note No. 2 under "Notes Per NCDENR"
on sh
5.
Shown on Cleanout detail on sheet 2
6.
Added Note No. 3 under "Notes Per NCDENR"
on sh
7.
Added Note No. 4 under "Notes Per NCDENR"
on A
8.
Added to End View of Sand Filter Detail
9.
Added Note No. 1 under "General Notes" on sheet 2
William G. Lapsley, P.E.
William R. Buie, P.E.
G. Thomas Jones III, P.E.
ges from your letter dated
2
2
2
2
%I Printed on Recvcled Papa

Please let me know if you have any questions or need any additional information.
Sincerely,
G. Thomas Jones III, P.E.

NORTH CAROLINA 13EPAR-Tivir T OF
ENVIRONMENT AND NATURAL RESOURCES;
FTELSO )cE
1
JANLS 13. HUNT
CANLRNOR
WwrNc NlcDcv
SccR1r:Y�Rr :'+�
;4 MEMO ANDUM
TO:
FROM:
Wayne Munden, Head
Technical Services Brancn
Public Water Supply Section
Harol9Sl ylor
Regional Engineer
Asheville Regional Office
'.0i' DATE: JUI)IMIUM
,A 2
wAVf R QUAI ITY SECTION
� "_ f R! GIONAI Oi r ICF
a;►:rT^'S'f SUBJECT: NPDES Permits Upstream of Asheville Buncombe
Henderson Water Authority Water Supply Intake
•s5z •., ti
Division of Water Quality is proposing to issue 3 NPDES permits for sand
filters at individual lots (not sold yet) about 2 miles upstream above the new ABHWA
intake on the French Broad River. There was very little information about the
proposed discharges/treatment system in the package sent to us
The Asheville Regional Office field staff of Division of Water Quality
recommended that the permits be issued. The ARO field staff of Public Water Supply
Section recommended that they not be issued. Below are our concerns:
1 These discharges are close enough to the intake to impact the water
quality if systems malfunction.
2. Sand filters often clog from solids loadings and channel o(lt through the
media, discharging untreated waste.
3. Two of the three systems require .pumping of treated effluent before
discharge. There is no back-up power supply.
4. Field investigation indicates that the systems may be located in a flood
zone.
/ 1MYKRGNAr1Gr BUILO1R0. 59 W000FIM FLAtr. A.wrvtt lt. Nuw... r ♦wollww 28001
.. ►wo.rr E20 251-46=00 r.tt Al.•lSl 0452

NPDES Permits Upstream at ABMRWA
July 6,1999
Page two
5. There are no substantial operation and maintenance requirements. The
effluent is required to be tested once per year, and the owner keeps the
results, i.e. he is not required to submit them to anyone.
6. DWQ inspects only at each 5-year NPDES renewal date
We feel like this, is a risky proposal which sets a precedent for this intake An
individual sand filter system with no substantial operation and maintenance requirements
2 miles upstream of a major water supply intake is not a good practice. It also is not
necessary_ Three lots of about 30 in this development were not suitable for subsurface
disposal systems. Central sewer is about one mile away. Good development planning
should have precluded the need for installing discharging individual sewage disposal
systems at this location.
We would appreciate your comments and guidance.
HSrp
c: Jessica Miles
G %DATA%WPDATA%P'WS%SAYLOR'OAEMpMND"FiRwkMtEM

0 07"
William G. Lapsley Associates, P.A.
Consulting Engineers and Land Planners
1635 Asheville Highway
Post Office Box 546
Hendersonville, North Carolina 28793
828-697-7334 • FAX [phone]
August 9, 1999
Mr. J. Wayne Munden, P.E.
Technical Services Branch
Public Water Supply Section
PO Box 29536
Raleigh, NC 27626-0535
Re:. NPDES Permits Upstream of the
Regional Water Authority
of Asheville; Buncombe, & Henderson .
Dear Mr. Munden:
William G. Lapsley, P.E.
William R. Buie, P.E.
G. Thomas Jones III, P.E.
We are in receipt of a copy of a Memorandum from Mr. Harold Saylor, Regional Engineer, . .
regarding the issuance of three (3) NPDES discharge permits for our client.
Prior to issuing your decision concerning these permits, we would offer the following comments:
1. The proposed discharges are from three (3) residential homesites. The average daily flow from
each of these residents is 360 gpd (a very conservative state -mandated flow requirement per
residence.) This flow represents an average flow of 0.5 gpm over a 24-hour period (over 12-hour. .
period - 1.5 gpm total).
2. The discharge of these residences will. be into Mill Pond Creek which is a tributary of the French
Broad River. Mill Pond Creek has an estimated 7Q1OFlow of 0.4 cfs (180 gpm). The dilution
ratio is 120:1.
3. The proposed discharge point of this treated wastewater is located 4.36 miles upstream of the
proposed Regional Water Authority water supply intake. The estimated low flow (7QIo)
condition of the French Broad River at this location is 557 cfs (250,000 gpm). This would result
in a dilution ratio of 166,667:1.
4. The proposed wastewater treatment systems for these residences consist of individual septic tank,
buried sand filter and effluent chlorination unit. We would submit that the effluent will be of
extremely high quality, much, much better, in fact, than that of Mill Pond Creek or the French
Broad River.
5. We respectfully disagree with the statement that the discharges will have any impact whatsoever
on the water supply water quality. At the dilution ratios stated above, there
will be no wav to even detect the presence of this discharge even if it were untreated wastewater.
6. If the individual sand filters did clog from solids left in the septic tank, there will be an immediate
back up into the homes, which will certainly cause the homeowner to take corrective measures.
The risk of discharging untreated waste into a stream is certainly no greater than the thousands of.
existing septic systems located int is watershed.
VPrinted on Recycled Paper

r. Mr. J. Wayne Munden, P.E.
Page 2
August 9, 1999
7. The pumping of the treated effluent from two (2) of the homes occurs after chlorination. If the
power supply were to be disrupted, the pump station has a maximum storage capacity of 860
gallons (2.4 days). We would submit to you that the risk of a power outage this long has been
very rare, if not non-existent; and even if it did'occur, there is plenty of storage capacity to avoid
a spill.
8. These systems are not located within the 100-year flood plain of Mill Pond Creek or its tributaries.
Enclosed is a set of detailed plans for your review which shows their location.
9, It is true that the systems are basically self -monitoring. We would submit that these systems are
no more of a risk than any common septic tank'system. The DWQ inspection at 5-year intervals
is certainly more than that of the common septic tank system.
We agree that a public sewer system* is approximately 1. mile from this site. However, even if it
were economically possible to connect to this system (which it is not), such a connection would require a
major sewer lift station serving the 30 lots.. This lift station would be.located immediately adjacent to
Mill Pond Creek.. It would discharge 10,800 gpd:of raw sewage. If it were to fail, the impact Would-be
much more significant to the water quality:
The statement that this residential subdivision is an example of poor development planning is -
unjustified: To suggest that these three (3) lots should be left undeveloped is also not justified.
The proposed subdivision and its on -site wastewater treatment and disposal systems comply with
all local, State and Federal regulations. The design of these three (3) NPDES systems has been approved
by the DWQ.
We submit that the permits should be approved by the Public Water Supply Section.
Sincerely,.
William G. Lapsley, P.E.
WGL/ec

�JAl11E48. HurrTJ
%OVEANOR
,3r,T,. •.:,
10:01 �POM
DEM WATER QUALITY SECTION TO 88286977333 P.02iO3 5WOMEWIT"
ikol/ml NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL, RESOURCES
MEWRANDUM
TO:
THROTTGH
FROM.
DIVISION OF WATER QUALIYY
ASHEVIL.L.E REGIONAL OFFIcE
WATER QUALITY SECTION
August 26, 1999
Mark Wiggins
Forrest vestal q6
Roy Travis
V {S U V
SEP - 2 �`09
DENR - WATER QUALITY
POINT SOURCE BRANCH
SL7A.TF'CT: Proposed Single Family Residence
Sewage Treatment, Systems
Lot 5, Application Number NCG 551018
Lot 28, Application Number NCG 551017
Lot 29, Application Number NCG 551016
Triple -Creek Subdivision
Henderson County
On Ailgilr;t 20, 1999, Forrest Westall and I met with Harold
Sayler and Jim Adams, both with the Public Water Supply
Section, to discuss Harold's concerns with regards to the
proposed discharge of treated sewage from three home which
miglrt some day be located on the subject three lots- The
proposed points of discharge are approximately four miles
upstream from the point where the Regional. water Authority
of Asheville, Buncombe and Henderson might some day draw
water from the French Broad River near the mouth of the
Millis River.
At the c•oriclusion of our meeting, Harold was still opposed
to t_11E! issuance of discharge permits in response to the
t.h re(: subject applications. I have contacted Mr. Tom Jones
with William G. Lapsley & Associates, P.A. consulting
engineer on this project suggesting that his client may want
to look 3 t lot con f i qir rat ion one more time to see if there
iS SOrr,(WZ)y to provide sewer service to these lots using
convent. i ona 1 sept i cr tank -drain field syst.emr3 _ i must add
that'. early on in t.lie project., Tom looked at lot
c_onf , qu r ,i t ion wit}-, t h i:-3 goal In mind. Public sewer i u
apprc:x i mat ely one .Tn i I.e. away, mak i ng th-1 s opt ion
ecU110m i c•ra 1 ly inf eily i ble _
INi LRCHANar Bull VIL I•z, Nc a8801 241A
/•MVNe- B28 2I.1-1Taos rAX 8211-2ST-6452
AN LQUAL UPPpHIVNITY / ArrIHMAIIVT ACTION 1 MPLCTLH J0% HICYCICO/1096 POSY -I VNNVMIH ?AP1•H
1 &41L J. Z^/anommmin

10 : 0? 1 ROM
r
DEM WATER QUALITY SECTION TO 8e2e6977333 P.03iO3
Mack Wiggins
Memorandum
August 26, 1999
Page Two
I presume that we have arrived at the point in time that we
give the applicant opportunity to withdraw his applications
or else we go to public notice proposing to deny issuance of
the 1}yee permits. Please do not hesitate to call if you
need to discuss these projects further.
TR I PLEM2 . 9 9

1UM 14
William G. Lapsley Associates, P.A.
Consulting Engineers and Land Planners
1635 Asheville Highway
Post Office Box 546
Hendersonville, North Carolina 28793
828-697 334 • FAX [phone]
J
William G. Lapsley, P.E. '
William R. Buie, P.E.
November 18, 1999 G. Thomas Jones III, P.E.
Mr. Mack Wiggins
NC Division of Water Quality
PO Box 29535
Raleigh, NC 27626-0535
[ E : Sand Filter Discharges (NCG#551016, 5519017, 551018)
Triple Creek Subdivision
Henderson County
Dear Wiggins:
This applicant requested an Authorization to construct wastewater treatment facilities by.
letter dated March, 18, 1999. A request for additional information was received on May 17:
1999, and a response submitted on May 18, 1999. As of this date,We have not received any
other request for additional information;'therefore, it is reasonable to. assume that the�apphda' tion,.
is complete.
It is also our understanding that for an Authorization to Construct Permit the Director.has.
90 days to respond after receipt of a complete application (15A NCAC 2H.0112)'
Therefore, please consider this letter to be the applicant's understanding that, under the
NCAC, the project as submitted is authorized for construction.
If you can demonstrate that our interpretation of the NCAC is in error, please contact our
office at your earliest convenience.
WGL/ec
cc:: . Forest Westall
ARO
Norton Segal
).E.
isa Pnnird on Rccvcicd Papa

Triple Creek Subdivision
Proposed Sand Filter Discharges (Lots 5, 28, 29)
Timeline
Original application Date March 18, 1999
(with plans, etc.)
Comments Received from NCDENR May 17, 1999
Revised Plans sent to NCDENR May 18, 1999
Memo from Harold Saylor July 6, 1999
Memo from WGLA to Munden August 9, 1999

_opy
"act
.ca-
.:s of
:Don
:able
-?ro-
:d by
:o a
trust
DES
geo-
the
the
..n a
said
and
v of
)ES
in -
of
ant
.he
a-
;:.\A1R(),NVIENT.AL .�IANAGE.MENT
15,E niC�C 2H.0112
(H) a brief description of the nature of the
rnecun2 :ncludinyf '.he ri.II,!, and ?roc_dl:res to
be follo,.vedl The notice shall also state that
additional information is on file with the Divi-
s;olr '" -•• r�r.r.tental Management, Depart -
MOM OM _••�•';�;:'•:"=^:. Health, and Natural Re-
sources at the Archdale Building at 512 North
Salisbury Street, Raleigh, North Carolina, and
may be inspected at any time during normal
working hours. Copies of .the information on
Af file will be made available upon request and
- payment of cost of reproduction.
(c) :Mailing Lists. Any person may request to
receive copies of all notices required under this
Rule and the Director shall mail such notice to any
such person. An annual charge of twenty-five dol-
lars (S25.00) may be charged for any person desir-
ing to be placed and maintained on the NPDES
Permit mailing list. The Director shall also give
notice to the following for NPDES permits:
(1) State water pollution control agency for
the States of Virginia, South Carolina, Tennes-
see, and Georgia;
(2) Appropriate district engineer, U.S. Army
Corps of Engineers;
(3) Lead agency responsible for preparation of
plan pursuant to Section 208(b) of the Clean
Water Act, 33 U.S.C. Section 1251 et seq, in
approved 208 areas;
.(4) State agency responsible for the prepara-
tion of plans pursuant to Section 303(e) of the
Clean Water Act, 33 U.S.C. Section 1251 et seq;
(5) North Carolina Department of Environ-
ment, Health, and Natural Resources, Division of
Environmental Health; and
(6) Any other federal, state, or local agency
upon request.
History Note
Statuton authority G.S. 143-2!5.1(a)(!): 143-2 15. 1 (c);
1.13-215.4(a); 143-215.4(c):
Eff. Februan• 1, 1976:
.Amended Eff. March 1. 1993; August 1. 1988; October 1, 1987;
December 1, 1984.
.0110 RESPONSE TO PUBLIC NOTICE [RE-
PEALED]
History Vote
Statwor. .Authority G.S. 1-13-215.3(a)(11: 1a3-215.1(c)(3);
Eff. Februan• 1. 1Q76:
Repealed Eff. November I, 1987
425
011' `TFF.T`\;rtic%ot�_r;C
(a; P�biic Meetings:
(1) The Director shall provide an opportunity
for the applicant, any affected state, any affect c
interstate agency, the regional administrator, or
anv interested agency, person, or group ui per-
sons to request or
q petition for a public meeting
with respect to NPDES permit applications. Anv
person who desires a public meeting on any
NPDES permit application shall so request in
writing to the Director within 30 days following
the publication date of the notice of application.
Any such request or petition for public meeting
shall indicate the interest of the party filing such
request and the reasons why a meeting is war-
ranted.
(2) The Director is delegated authority to de-
termine if a public meeting shall be held in
accordance with G.S. 143-215.1(c)(3) and to is-
sue public notice and conduct such meeting for
the Commission.
(3) All comments received within 30 days fol-
lowing the publication date of the notice of
NPDES permit application shall be made part of
the application file and shall be considered by
the Director prior to taking final action on the
application.
(4) Anv meeting brought pursuant to this Sub-
section shall be held in the geographical area of
the proposed discharge or other appropriate
area, in the discretion of the Director, and may,
as appropriate, consider related groups of permit
applications.
(b) Adjudicatory Hearings and appeals shall be
conducted in accordance with Article 3 of Chapter
150B of the General Statutes.
History Note
Statuton Authority G.S. 143-215.3(a)(1): 143-215.1 tc;(1);
143-215.3(a)(3); 143-215.3(a)(4); 143-213.5: 143-215.1te):
Eff. Februan
Amended Eff. March 1, 1993; November 1. 1987.
.0112 FINAL ACTION ON PERMIT APPLICA-
TIONS
(a) The Director shall take final action on all
NPDES applications not later than 60 days follow-
ing notice of intent to issue or deny, or, if a public
meeting is held, within 90 days following the clos-
ing of the record of the meeting or in the case of an
Authorization to Construct permit 90 days after the
receipt of a complete application or, if a public
meeting is held concerning the .Authorization to

8286938633
Pe of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
KENNURE PROPERTIES INC ,[� 001
Hit
JA4�
D E N R
February 22, 2000
Mr. Norton Segal
S -& N-Properties; Ifit:-
500 Crooked Creek Lane
Hendersonville, North Carolina 28739
Dear Mr. Segal:
Subject: Denial of NPDES Permit
S & N Properties, Inc.
NPDES Permit Application No.
NCG551016, NCG551017, NCG551018
Lots 5, 28 & 29 Triple Creek Subdivision
Henderson County
Your Notice of Intent forms for General NPDES Permit coverage under NCG550000 were received on
March 22, 1999. These applications were for discharge of treated domestic wastewater into Mill Pond Creek
from each of three proposed wastewater treatment facilities (Lot #5, Lot #28, Lot #29) located at Triple
Creek Subdivision; northeast of Brightwater, off NC Highway 191. Our Asheville Regional Office has
performed a site investigation and the Division has completed its review of the applications.
Mill Pond Creek at your proposed point of discharge is classified as class WS-IV waters. Class WS-IV
waters have a designated best usage -as --drinking water supplies and thus any discharges to these waters must
have the concurrence of the Division of Environmental Health (G.S. 143-215.1 (a2)). The Division of
Environmental Health's review has cited concerns with these systems and the location of these discharges in
close proximity to the downstream water supply intake and indicated that they do not concur with -the
issuance of the Permits. Therefore, your request for certificates of coverage for Lot 5, Lot 28 and Lot 29, is
hereby denied.
If this decision is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within thirty (30) days receipt of this letter. The request must be in the form of a written petition, conforming
to chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings.
6714 Mail Service Center, Raleigh, North Carolina 27699-6714.
An Equal Opportunity Affirmative Action Employer 50% recycled! 1 o% post -consumer paper
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]

86938633 KENMURE PROPERTIES INC U 002
0
If you should have any questions on this matter, please contact Mr. Mack Wiggins of my staff at
telephone number [phone], ext. 542.
Sincerely,
Kerr T. Stevens
cc: Asheville Regional Office
Stormwater and General Permits Unit
William G. Lapsley, P.E.
Division of Health Services -Water Supply Section

q
i
a

of North Carolina
tment of Environment
atural Resources
uivlslon of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Norton Segal
S & N Properties, Inc.
500 Crooked Creek Lane
Hendersonville, North Carolina 28739
C
February 22, 2000
Subject:
Dear Mr. Segal: .
g4
E N R
mial of NPDES Permit
& N Properties, Inc.
PDES Pernlut Application No.
CG551016, NCG55'1017, NCG551018
)ts 5, 28 & 29 Triple Creek Subdivision
-.nderson County.
Your Notice of Intent forms for General NPDES Permit coverage under NCG550000 were received on
March 22, 1999. These applications were for discharge of treated domestic wastewater into Mill Pond Creek
from each of three proposed wastewater treatment facilities (Lot 1,51 Lot #28, Lot #29) located at Triple
Creek Subdivision, northeast of Brightwater, off NC Highway 191. Our Asheville Regional Office has
performed a site investigation and the Division has completed its review of the applications.
. Mill Pond Creek at your proposed point of discharge is classif
waters have a designated best usage as drinking water supplies and
have the concurrence of the. Division of Environmental Health (
Environmental Health's review has cited concerns with these systei
close proximity to the downstream water supply intake and indi
issuance of the Permits. Therefore, your request for certificates of i
hereby denied.
If this decision is unacceptable to you, you have the -right to an
within thirty (30) days receipt of this letter. The request must be in
to chapter 150B of the North Carolina General Statutes, and filed v
6714 Mail Service Center, Raleigh, North Carolina 27699-6714.
An Equal Opportunity Affirmative Action Employer 50%
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telel
l as class WS-IV waters. Class WS-IV
us any discharges to these waters must
S. 143-215.1 (a2)). The Division of
and the location of these discharges in
ted that they do not concur with the
rerage for Lot 5, Lot 28 and Lot 29, is
udicatory hearing upon written request
form of a written petition, conforming
the Office of Administrative Hearings,
ed/ 10% post -consumer paper
919-733-5083 FAX [phone]

If you should have any questions on this matter, please contact Mr. Mack Wiggins of my staff at
telephone number [phone], ext. 542.
Sincerely,
y Kerr T. Stevens
cc: Asheville Regional Office
Stormwater and General Permits Unit
Central Files
William G. Lapsley, P.E.
Division of Health Services -Water Supply Section

8286977333 WILLIAM LAPSLEY
858 P01 AUG 20 199 16:00
August 9, 1999
Mr. J. Wayne Mlmden,,P•`E''
Techr>Jical Services Branch`
Public Water Supply Section
PO Box 29536
Raleigh, NC 27626-0535
William G. Lapsley & Associates, P.A.
Consulting Engineers and. Land Planners .
Nk
Of
NPDES Permits upstream of the F
ftional
Df Asllcvrll 11:1III(: �', '
t635 Asheville Highway
Post Office Box 546
I-leadcoomviile, North Carolito 28793
828-697-75M • FAX $28- ig7-7333
V% am G. Iapslay, P.E.
WHOM F, Buie, P_R
a Tho amjmes err, $jv,
Post -it° Fax Note 7671
DIMTb
+ -�
`L i?.aY.1ts
a°m 'ibNt 1 src� is
CoMept
CO.
P3wne # �r ^�.,�
Fl,one #
Foxe St ���
,ax#
`'a arir , 8t 1iC11YGr$�n 14G i 1"`.1 3''LC„ '---1'�Cr7FM±�
I:ear'Mr_ Muud=: -
We at'o in MTdipt of a copY of a' Metnor`aridim from Mr. H=ld Saylor, Regional Frigineat, : ,
regarding the issuance of three (3) NPDES discliaiga petrm'ts for our client. - ^
Prior td issuing yo m. decision concerning these ps;rtitits, we would of%r the.foud6ing comtneut$• .
1.. The proposed di es are houtt three 3
S (-) residential homesites. The average clsily a W.fc>5u
each of these' residents is 360 gpd (a very conservative state-mandltted flow requitement
residence.) This flow -represents an average 1 6i of 0.5 Spar over a 24-hour period (over 12�tovr .
period - 1.5 Spit total).
2. The discharge of these residences wifl,be into•Mill PoM Creek whicli. is n tributary of the French
. $road River_ Mill Pond Creek -has ani cstinnafed 7Q' - Flow of 04 cfi (180 gpnij. Tlic dilution
ratio is 120.!_ =
3 - The Proposed discharge poW of this treated wastewater is located 4.36 miles -upstream: of the
proposed Regional Water Authority water supply intake. T io'cstimated low Raw (7Q]a)
condition ofthe French Broad River at this location is 557 cfs (250,000 gpm). This vvoluld result
in a dilution ratio of 166,667.1.
4- The proposed wastewater trewment systems for these residences consist of individual septic tank,
buried sand filter and efi'luerlt chlorination unit. We would submit that the effhUetct will be of
extremely high quality, much, much better, in fitet, than that. of Mill Pond Creek or the French
)Broad River.
S. We respectfully disagree with the statement that the discharges will have any impact whatsoever
on the water supply water quaky, At the dilution ratios stated abav% there -
will be no way to even detect the presence of this discharge oven if it were un -wastewater..
6. - If the individual sand filters did clog from solids left in the septiv tank, there will be an inunediatc'
back up into the homes, which will certainly cause the homeowner to take corrective itteasures.
The risk of discharging untreated waste into, a stream is certainly no greater than the thaus;3nds of '
existing septic systems located in this watershed.
EAILA on Rterekcd Pape■

8286977333 WILLIAM LAPSLM'
858 P02 AUG 20 199 16:01
Mr-1. Wayne Mundeg P.S.
Page 2
August 9, 1999
7. The pumping ofthe treated effluent from two (2) of the homes occurs after chlorination If the
Power supply were to be disrupted, the pump station has a maximum storage capacity of•860
gallons (2.4 days). We would subu it to you that the risk ofa power outage thus long has been
very tare, if not non-c=tent; and even if it did occur, there is plenty of storage, capacity to avoid
a. spill
S. Thess systems afe not located within the 100-year flood plain of Mill PoAd Creek or its tributaries -
Enclosed is a set ofdetailed plans for your review which shows their location.
9. It is true that the systems are basically self mouitoring, We would submit that these system are
no mom of a. iU than any.eommOxi septic tank system. The DWQ inspection at 5 yervais
ear in6
is certainly more than that ofthe common septic tank system.
We agree that apubltc sower syst. is app. tmty. l,mile, from this site. However, even if it
were P possible to c bued t6 thi '
s •system: (w}iich it is not), such a. oonnedion would XcWfma . .
utaJor sewer lift si on wing the 30 lo#s..Tlnis lift siati Rrodd be.located' iriime ly ledJace ttp
Idiiii"Pond Creek . Yt would disc%altgc 1U,800 qf'raw §&wage.. If it wi re �to fail, the inipa# waNd be -
much
mare sign�eai�t to the vvat+er qualify:
' statement that thissiden<iAl subdivision is an eaanple of poor. development is
unjustified: 'I'a suggest that.these three f) Iata should bed9ft U.0MIGOed s also. Justified. -
The.Proposed subdivision and its on -site vpstewater.tr nc*nt-and'diWosal
all iota#, State and Fgdeial regulations. The des- ofthese`tliree' 3
by the . . f)! NPAES systems has been approved' • •-
We submit that the permits shoutd be apprvved by the Public Waver Supply $action
+Sincerely,: �•.j •
William Cr. s P��
I.ap fey, P.E.
WGUM

B2eG97=-3 WILLIAM LAPSLD'
u !14
IR
ml
2& • Kin Idae-
pr
U14 207-va
L14T Ch
'71
11 L
e59 P03 AUG 20 199 16:01
10.

William. G. Lapsley & Associates, P.A.
Consulting Engineers and Land Planners
1635 Asheville Highway
Post Office Box 546.
Hendersonville, North Carolina 28793
828-697-7334 FAX [phone]
William G. Lapsley, P.E.
William R. Buie; P.E.
November 18, 1999 G. Thomas Jones III, P.E.
WGL/ec
cc:: Forest Westall
Norton Segal
O�1'.
�,ya .`Printed on Recycled, Paper

'riple Creek Subdivision
Proposed Sand Filter Discharges (Lots 5, 28, 29)
Timeline
Original Application Date March 18, 1999
(with plans, etc.)
Comments Received from NCDENR May 17, 1999
Revised Plans sent to NCDENR May 18, 1999
Memo from Harold Saylor July 6, 1999
Memo from WGLA to Munden August 9, 1999

x_
` Lopy
c fact .:
(H) a brief description of the nature of the
meeting including
olica-
- the rules and procedures to
ics of
_
be followed; The notice shall also state that
additional information is
ipon
_)th-
on file with the Divi-
Sion ')l Environmental Management, Depart-
ilable
ment of Environment. Health, and Natural Re-
aro-
z...
T`
-
sources at the Archdale Building at 512 North
Salisbury Street, Raleigh, North Carolina,
�d by
and
may be inspected at any time during normal
to
.:aqL
working hours. Copies of the information on
a
truct
e'
_
file will be made available upon request and
payment of cost of reproduction.
DES
geo-`
the49
TS
f the
in a
said
and •.`.
y of
)ES
i or
in -
of
ant
the
lis-
the
ice
.ng
ce;
,a -
es
er
tft
ct
id
(c) Mailing Lists. Any person may request to
receive copies of all notices required under this
Rule and the Director shall mail such notice to any
such person. An annual charge of twenty-five dol-
lars ($25.00) may be charged for any person desir-
ing to be placed and maintained on the NPDES
Permit mailing list. The Director shall also give
notice to the following for NPDES permits:
(1) State water pollution control agency for
the States of Virginia, South Carolina, Tennes-
see, and Georgia;
(2) Appropriate district engineer, U.S. Army
Corps of Engineers;
(3) Lead agency responsible for preparation of
plan pursuant to Section 208(b) of the Clean
Water Act, 33 U.S.C. Section 1251 et seq, in
approved 208 areas;
(4) State agency responsible for the prepara-
tion of plans pursuant to Section 303(e) of the
Clean Water Act, 33 U.S.C. Section 1251 et seq;
(5) North Carolina Department of Environ-
ment, Health, and Natural Resources, Division of
Environmental Health; and
(6) Any other federal, state, or local agency
upon request.
History Note
Statutory Authority G.S. 143-215.1(a)()); 143-215.1(c);
143-215.4(a); 143-215.4(c);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; August 1, 1988; October 1, 1987;
December 1, 1984.
0110 RESPONSE TO PUBLIC NOTICE (RE-
PEALED]
History Note
Statutory Authority G.S. 143-215.3(a)(1); 143-215.1(c)(3);
143-215.3(a)(3); 143-215.3(a)(4);
Eff. February. 1, 1976;
Repealed Eff. November 1, 1987.
425
011? ',TEETTNGS lain r(x 1at�,r;�
(a) Public !Meetings:
(1) The Director shall provide an opportunity
for the applicant, any affected state, any affected
interstate agency, the regional administrator, or
any interested agency, person, or group of per-
sons to request or petition for a public meeting
with respect to NPDES permit applications. Anv
person who desires a public meeting on any
NPDES permit application shall so request in
writing to the Director within 30 days following
the publication date of the notice of application.
Any such request or petition for public meeting
shall indicate the interest of the party filing such
request and the reasons why a meeting is war-
ranted.
(2) The Director is delegated authority to de-
termine if a public meeting shall be held in
accordance with G.S. 143-215.1(c)(3) and to is-
sue public notice and conduct such meeting for
the Commission.
(3) All comments received within 30 days fol-
lowing the publication date of the notice of
NPDES permit application shall be made part of
the application file and shall be considered by
the Director prior to taking final action on the
application.
(4) Any meeting brought pursuant to this Sub-
section shall be held in the geographical area of
the proposed discharge or other appropriate
area, in the discretion of the Director, and may,
as appropriate, consider related groups of permit
applications.
(b) Adjudicatory Hearings and appeals shall be
conducted in accordance with Article 3 of Chapter
150B of the General Statutes.
History dote
Statutory Authority G.S. 143-215.3(a)(1); 143-215.1(c)(1);
143-215.3(a)(3); 143-215.3(a)(4); 143-215.5; 143-215.1(e);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; November 1, 1987.
0112 FINAL ACTION ON PERMIT APPLICA-
TIONS
(a) The Director shall take final action on all
NPDES applications not later than 60 days follow-
ing notice of intent to issue or deny, or, if a public
meeting is held, within 90 days following the clos-
ing of the record of the meeting or in the case of an
Authorization to Construct permit 90 days after the
receipt of a complete application or, if a public
meeting is held concerning the Authorization to

WAYNEMCD
NORTH CAROLINA DEPARTME T OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
August 26, 1999
MEMORANDUM
TO: Mack Wiggins
THROUGH: Forrest Westal
FROM: Roy Davis
SUBJECT: Proposed Single Family Residence
Sewage Treatment Systems
Lot 5, Application Number NCG 551018
Lot 28, Application Number NCG 551017
Lot 29, Application Number NCG 551016
Triple Creek Subdivision
Henderson County
On August 20, 1999, Forrest Westall and I met with Harold
Saylor and Jim Adams, both with the Public Water Supply
Section, to discuss Harold's concerns with regards to the
proposed discharge of treated sewage from three home which
might some day be located on the subject three lots. The
proposed points of discharge are approximately four miles
upstream from the_point where the Regional Water Authority
of Asheville, Buncombe and Henderson might some day draw
water from the French Broad River near the mouth of the
Mills River.
At the conclusion of our meeting, Harold was still opposed
to the issuance of discharge permits in response to the
three subject applications. I have contacted Mr. Tom Jones
with William G. Lapsley & Associates, P.A. consulting
engineer on this project suggesting that his client may want
to look at lot configuration one more time to see if there
is some way to provide sewer service to these lots using
conventional septic tank -drain field systems. I must add
that early on in the project, Tom looked at lot
configuration with this goal in mind. Public sewer is
approximately one mile away, making this option
economically infeasible.
INTERCHANGE BUILDING, S9 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE 828-ZS1-6208 FAX [phone]SZ
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

Mack Wiggins
Memorandum
August 26, 1999
Page Two
I presume that we have arrived
give the applicant opportunity
or else we go to public notice
the three permits. Please do
need to discuss these projects
TRIPLEM2.99
at the point in time that we
to withdraw his applications
proposing to deny issuance of
not hesitate to call if you
further.

DAMES S. HUNTJR.
GOVERNOR
s
WAYNE MCDEVITT: .;
SLCRE'TARY 'e�"%'••.
• NORTH CAROLINA DEPARTME T OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
August 26, 1999
MEMORANDUM
TO: Mack Wiggins
THROUGH: Forrest Westal
FROM: Roy Davis r
SUBJECT: Proposed Single Family Residence
Sewage Treatment Systems
Lot 5, Application Number NCG 551018
Lot 28, Application Number NCG 551017
Lot 29, Application Number NCG 551016
Triple Creek Subdivision
Henderson County
On August 20, 1999, Forrest Westall and I met with Harold
Saylor and Jim Adams, both with the Public Water Supply
Section, to discuss Harold's concerns with regards to the
proposed discharge of treated sewage from three home which
might some day be located on the subject three lots. The
proposed points of discharge are approximately four miles
upstream from the_point where the Regional Water Authority
of Asheville, Buncombe and Henderson might some day draw
water from the French Broad River near the mouth of the
Mills River.
At the conclusion of our meeting, Harold was still opposed
to the issuance of discharge permits in response to the
three subject applications. I have contacted Mr. Tom Jones
with William G. Lapsley & Associates, P.A. consulting
engineer on this project suggesting that his client may want
to look at lot configuration one more time to see if there
is some way to provide sewer service to these lots using
conventional septic tank -drain field systems. I must add
that early on in the project, Tom looked at lot
configuration with this goal in mind. Public sewer is
approximately one mile away, making this option
economically infeasible.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

Mack Wiggins
Memorandum
August 26, 1999
Page Two
I presume that we have arrived
give the applicant opportunity
or else we go to public notice
the three permits. Please do
need to discuss these projects
TRIPLEM2.99
at the point
to withdraw
proposing to
not hesitate
further.
in time that we
his applications
deny issuance of
to ,call if you

,-
::• _. '
4.
_�� , •tom.+ F � :.. ,: F r r ,.
K NORTH CAROLINA DEPARTMENT OFF u.
o e J9 ENVIRONMENT AND NATURAL RESOURCES 4,,f
71
JM
;-� CDENR:�F=': MEMORANDUM �
WATER ?UALITY SECTION'
ASHEVILL REGIONAL OFFICE
JAM" B. HUNTJR
t ;* GOVERNOR
'= TO: Wayne Munden, Head O
Technical Services Branch
Public Water Supply Section
s....:s�
.,C••WA1rNtMcDeviTr � -
Y "" "' FROM: Harol Saylor
Regional Engineer
Asheville Regional Office
DATE: July 6, 1999
SUBJECT: NPDES Permits Upstream of Asheville Buncombe
::: •rii.:.:�
Henderson Water Authority Water Supply Intake
Division of Water Quality is proposing to issue 3 NPDES permits for sand
filters at individual lots (not sold yet) about 2 miles upstream above the new ABHWA
intake on the French Broad River. There was very little information about the
proposed discharges/treatment system in the package sent to us.
The Asheville Regional Office field staff of Division of Water Quality
recommended that the permits be issued. The ARO field staff of Public Water Supply
.L-Ie.
Section recommended that they not be issued. Below are our concerns:
1. These discharges are close enough to the intake to impact the water
' quality if systems malfunction.
2. Sand filters often clog from solids loadings and channel out through the
media, discharging untreated waste.
3. Two of the three systems require pumping of treated effluent before
discharge. There is no back-up power supply.
4. Field investigation indicates that the systems may be located in a flood
zone.
INTERCHANGE BUILDING, 59 WOODFIN PLACE. ASHEVILLE, NORTH CAROLINA 26801
PHONE [phone] FAX [phone]

NPDES Permits Upstream at ABHRWA
July 6,1999
Page two .
5. There are no substantial operation and maintenance requirements. The
.._.-,effluent is required to be tested once per year, and the owner keeps the
results, i.e. he is not required to submit them to anyone.
6. DWQ inspects only at each 5-year NPDES renewal date.
We feel like this is a risky -proposal which sets a precedent for this intake. An
individual sand filter system with no substantial operation and maintenance requirements
2 miles upstream of a major water supply intake is not a good practice. It also is not
necessary. Three lots of about 30 in this development were not suitable for subsurface
disposal systems. Central sewer is about one mile away. Good development planning
should have precluded the need for installing discharging individual sewage disposal
systems at this location.
We would appreciate your comments and guidance.
HSfjp
c: Jessica Miles
r
e
a
G:(DATA\WPDATAUPWS%SAYLORIMEMORAND%ABHRWA.MEM

May 13,1999
MEMORANDUM
From: Mack Wiggins /MAJ
Subject: Review of the discharge location for the following:
S & N Properties, Inc
Triple Creek Subdivision
Lot # 5
Henderson County
NCG551018
Please indicate below your agency's position or viewpoint on the facility listed above.
Attached is the staff report for the facility. We cannot issue the permit without your
concurrence. Please return this form at your earliest convience.
RESPONSE:
Si
This agency has reviewed the draft permit and determined that the proposed
discharge will not be sufficiently close to any existing or know proposed
public water supply intake so as to create an adverse effect on water quality.
We concur with the issuance of this permit provided the facility is operated
and maintained properly, the stated effluent limits are met prior to discharge,
and the discharge does not contravene the designated water quality standards.
Concurs with issuance of the above permit, provided the following conditions
are met:
v Opposes the issuance of the above permit, based on reasons stated below, or
attached: _ 19 i7 0 _ /,_ 1�7-1
'LE

n,,A C.
William G. Lapsley & Associates, P.A.
Consulting Engineers and Land Planners
1635 Asheville Highway
Post Office Box 546
Hendersonville, North Carolina 28793
828-697-7334 • FAX [phone]
William G. Lapsley, P.E.
May 18,1999 William R. Buie, P.E.
G. Thomas Jones III, P.E.
Mr. Mack Wiggins
NCDENR / Division of Water Quality
Stormwater and General. Permits Unity a V'? ';,_,_
P.O. Box 29535�=�'''�
..Raleigh,.NC 27626-0535
RE: Lot #5, Triple Creek Subdivision W�� ;:=` ; •: `.
Permit NCG550000' Cert. Of Coverage NCG551018 `�P��� �? Le,:';•::-
Henderson County
Dear Mr. Wiggins:. -

tate of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Mr. G. Thomas Jones III, P.E.
William G. Lapsley & Associates, P.A.
PO Box 546
Hendersonville, North Carolina 28793
Dear Mr. Jones:
ALT1.9MA1
IT
D E N R
May 17, 1999
iM: \I R h,
iGt,lltjiJl;I. C�r•�IE;� �r
Subject: General Permit No. NCG550000
Cert. of Coverage NCG551018
Lot # 5, Triple Creek Subdivision
Henderson County
The Stormwater and General Permits Unit have reviewed the plans for S & N Properties, Inc. lot
# 5 Triple Creek Subdivision. Before we can proceed further the following items must be addressed.
1. The plans need to show that all treatment components (septic tank) are at a minimum of 10
-feet from the dwelling.
2. Plan must show cleanout between the dwelling and septic tank, between the primary and
secondary sandfilters and anywhere between the chlorine contact chamber and discharge
point.
3. The plans must address that all piping elbows will be of the long sweeping type.
4. The plans must address that adjustable caps will be installled on the distribution box for equal
distribution of flow to the two primary sandfilters.
5. The plans must address that all cleanouts will be housed below surface in meter boxes level
to surface.
6. The plans must show that filter distribution lines will be capped or plugged at the ends.
7. The plans must show that all sandfilters are vented to the surface from the collection lines for
aeration and snaking.
8. Filters must show that distribution lines will be at a slope of <2% and collection lines at a
slope of 0 to 1 %.
9. It should also be mentioned on the plans that this lot will be served by city water.
Three sets of revised plans for this project should be submitted to this office.
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]

PrV
If you have any questions concerning this permit, please contact Mack Wiggins at telephone
number 919/733-5083, extension 542.
Sincerely,
r
Mack K. Wiggins, Jr.
Stormwater and Generarernm-nits Unit
cc: Central Files _
Asheville Regional Office, Water Quality - -
Stormwater and General Permits Unit

11
Fax:[phone] Jul 26 '99 10:40 P.01/04
Division of Water Quality
Water Quality Sect -Iola
P.O. Box 29535
Raleigh, N.C. 27626-0535
FAX:[phone]
FAXTo: ForteW Wes-611 - i FAXN MBE RV-0 e
FROM,[: Sf d� V &jxA
PHONE: [phone] Fxt:
NO—. OF PAGFS INCLUDING TIUS SHEET:
�1
Ok-p

IQ Fa:x:919-733-0719 Jul 26 '99 10:40 P.Cr2104
KN�e
NORTH CAROLMA E�PARTMF�h1T aF
EAMRONMENT AND NATURAL RLSOURC99
DnnsioKoF EMvIRoNmizr4TAL HEALTH
PUBLIC WATER SUPPLY S=CTION
July 12,1999
MEMORANDTTIV)(
TO: Tommy Stevens, Director
Division of Water Quality
THROUGH: Linda C. Sew4 Director
Division of Lnvironmental Health
THROUGH: Jessica G. Miles, Chief
Public Water Supply Se,
FROM- Wayne Munden, Branch,
Technical Services, PW
SUBYECT: NPDES Permits
S & N Properties, inc.
Henderson County
Midi)
ill! 5 1999
DIV. OF WATER QUALITY
DIRECTOR $ OFFICE
Attach is a memo from Mr. Harold Saylor, Regional Engineer, Asheville
Health Office, listing concerns for the above reference NPDES permits far individual
wastewater discharges. I concur in Mr. S aylor's recommendation that the permits not
be issued as documented.
I would like to suggest that Mr. Forrest Westall and Mr. Saylor coordinate
their review efforts to determine if a mutual agreement can be reached that will satisfy
each agency's concerns that will both protect the public water supply and provide safe
wastewater disposal.
Please advise if I may be of service in resolving this matter.
JWM
Attachment
CC., Mr. Harold Saylor
1l11A� ER QUA"1 `l
MO. Box YR53e, kTALF-II•N n2Yd2d-66S�
' ��R�o-raa.xaat
OE!I47CONrWANER OMWICEN BRANCH FAX 018-71E-37-C?. MAIN FAX DIU-710.4574 LAt Fk.RKe FAX 9! 9-715-Qa27
AN KOUAL OPPURTU NITT / AFFI RNATITE ACTION EIrrLOTSR - r.9% RRCTCLnV rQ% bB'FCUNBUKER FAPRR

Fax:[phone]
Jul 26 '99 10:41 P.C3/04
7., MEM NDUM
.
.IAME6 B. HUNT1:W-
GOVERNOR ::•..•°1
•:s
I
Ex
, i y:
NORTH CAFtOLrN.4 E►E iARTMENT Of
ENVIRONMENT AND NATULtAL RESOURCES
i4SHMnLLE REGIONAL OFFICE
"= TO: Wayne Munden, Head
Technical Services Branch
Public Water Supply Section
1,0 )!c
FROM: Haml4laylor 5 l
Regional Engineer , love- 6 r 5 � a/
Asheville Regional Office q
DATE: July B, 1999
SUBJECT: NPDES Permits Upstream of Asheville Buncombe
Henderson Water Authority Water Supply Intake
Division of Water Quality is proposing to issue 3 NPDES permits for.sand
filters at individual lots (not sold: yet) about 2 miles upstream above the new ABHWA
Intake on the French Broad River. There was very little information about the
proposed discharges/treatment system in the package sent to us.
The Asheville Regional Office field staff of Division of Water Quality
recommended that the permits be issued. The ARO field staff of Public Water Supply
Section recommended that they not be issued. Below are our concerns:
1. These discharges are close enough to the intake to impact the water
quality if systems malfunction.
2. Sand fitters often clog from solids loadings and channel out through the
media, discharging untreated waste.
3. Two of the three systems require pumping of treated effluent before
discharge. There is no back-up power supply.
4. Field investigation indicates that the systems may be located in a flood
zone.
INTLIGHANR! PUILOING, 59WOOCPIN FLA-e-, "HEVILI.R, H-R K GwaozlNAze 1
PHONE 820-291-OZDB FAX R28-2'51•F482
AN ggQUAL Qp—RTUNITY /ARRIRLATNG ACnON E►MPLGYER -50% REGYcl,ea/1 V% P09T-OONFVMRR rwfER

ICDENR-DWQ Fax:[phone] Jul 26 '99 10:42 P.04/04
VDES Permits Upstream at ABHRWA
suly 6,i999
Page two
g. There are no substantial op{ nce and
mj�a�enance and the awner�ke Ps the
effluent is required to be testedI?
results, i.e. he is not required to submit them to anyone.
g. DWQ inspects only at each 5-year NPDES renewal date.
We feel like this is a risky proposai which sets a precedent for this intake. An
individual sand filter system with no substantial operation and maintenance requirements
2 miles upstream of a major water supply intake is not a good practice. It also is not
necessary. Three lots of about 30 in this development were not suitable €or subsurface
disposal systems. Central sewer is about one mile away. Good development planning
should have precluded the need for installing discharging individual sewage disposal
systems at this location.
we would appreciate your comments and guidance.
HSljp
c: ,Jessica Miles
G-iDATAIWPdA;AV' WSAS►YLORVAEWRM Pt6BHRwkmgm

ES B. HUNT-IR:+':
i
` NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
April 15, 1999
MEMORANDUM
TO: Mack Wiggins
FROM: Roy Davis��
SUBJECT: Individual Residence Sewage Treatment Systems
Triple Creek Subdivision
S&N Properties, Inc,
Application Number NCG551016 (Lot 29)
Application Number NCG551017 (Lot 28)
Application Number NCG551018 (Lot 5)
Henderson County.
You asked that I provide you with the location of the three
subject proposed treated wastewater discharges in terms of
latitude and longitude. Those locations areas follows:
Longitude Latitude
Lot 29 820 30' 2911 W 350 21' 1711 N
Lot 28 820 30' 2911 W 350 21' 1711 N
Lot 5 820 30' 3611 W 350 21' 22" N
I have inspected the sites and observed nothing -.,which is not
accurately shown on the construction drawings. Thanks for
your help with this project. I should add that all three•
discharges are located in sub -basin 04-03-02.
TRIPLECR.M99
INTERCHANGE BUILDING, 89 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE [phone] FAX [phone]S2
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 Oq POST -CONSUMER PAPER

(�� il 1�3 -C � 12, cc�(�
c�o IS7

Ippr
AN
NCDENR
JAMES B. HUNTJR.
3OVERNOR
MEMORANDUM
TO:
THROUGH
FROM:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
April 6, 199.9
Mack Wiggins
Forrest West
Roy Davis
SUBJECT: Individual Residence Sewage
Triple Creek Subdivision
S&N Properties, Inc,
Application Number NCG551016
Application Number NCG551017
Application Number NCG551018
Henderson County
Treatment Systems
(Lot 29)
(Lot 28)
(Lot f)
On February 18, 1999 I inspected lots number 5, 28 and 29 in
Triple Creek Subdivision in Henderson County for purposes of
determining suitability for installation of three different
septic tank -subsurface sand filter sewage treatment systems.
I determined that Mill Pond Creek (Class WS-Iv).which is
tributary to the French Broad River has sufficient drainage
area and -therefore flow to accept the proposed treated
wastewater discharges. You may need to know that Rugby
Middle School and West Henderson High School both discharge
treated wastewater to Mill Pond Creek.
All three of the subject lots have been turned down by the
Henderson County Health Department for conventional septic
tank -drain fields. Public sewer is in -the order of one mile
away and therefore is not reasonably available. It is my
recommendation that Certificates of Coverage be issued for
these three projects presuming, of course, that you find the
application packages, including construction plans,
acceptable. The permits, if issued should contain the
requirement that the Division will be notified of change of
ownership of any of these lots. Attached is a portion of
the Horse Shoe Quadrangle showing the location of the
proposed discharges. Please do not hesitate to call me at
828-251-6208 should you need to discuss these projects.
Enclosure
TRIPLECR
INTERCHANGE BUILDING, S9 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE 828-2S1-6208 FAX 828-ZS1-6452
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

HORSE SHOE QUADRANGLE
NORTH CAROLINA
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7.5 MINUTE SERIES (TOPOGRAPHIC) 193—SE
�9 MILLS RIVER r.? M!. R32'30"360 -361 950000 FEET ;362 3
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William G. Lapsley. . & Associates, P.A.
Consulting Engineers and Land Planners
1635 Asheville Highway
Post Office Box 546
Hendersonville, North Carolina 28793
828-697-7334 FAX [phone]
William.G. Lapsley, P.E.
March 11, 1999 William R. Buie, P.E.
G. Thomas Jone' III; P.E.

L oT 5
S & N Properties, Inc.
500 Crooked Creek Lane
Hendersonville, NC 28739
March 10, 1999
NC DENR / Division of Water Quality
Stormwater and General Permits Unit
P.O. Box 29535
Raleigh, NC 27626-0535
Re: Lot #5, Triple Creek Subdivision
Authorization to Construct
Sand Filter Wastewater Treatment System
Henderson County
Dear Sirs:
This is to advise you that I am requesting and Authorization to Construct the sand filter wastewater
treatment system designed by William G. Lapsley & Associates, P.A., for the above referenced
project. This authorization is being requested in conjunction with the Application for Coverage
under NCG550000.
Please feel free to contact Mr. G. Thomas Jones III, P.E. at [phone] should you have any
questions.
Sincerely,
Norton Segal, Secretary
S & N Properties, Inc.

t-a T `j
National Pollutant Discharge Elimination System
Application for Coverage under NCG550000
igle Family Domestic Units discharging less than 1000 gallons per day
A. Please list the DEHNR Regional Office representative(s) with whom you have met: I.CTTCV-
Name: RoY S Date: z/ Z`I 1 g9
Please note: This application will be returned if you have not met with a representative from the Region.
B. Name, Address, location, and telephone number of facility requesting Permit.
1. Owner's Name:
2. Mailing Address:
a. Street;
b. City;
c. State /Zip;
d. County,
3. Telephone Numbers;
4. Location. (Attach site map)
a. Street Address;
b. City/Zip;
c. County;
5 S6 N PRoPFa.T��S , „3G.
z500 GVz,00vc.e-p Cctr-S ( t.v44e..
VA"pEra 50—V 4V1.f—
NCB / 28-739
Home:_ (P) (s 11. _ Z07-7
Work.-
C. Application type (check appropriate selection):
1. v% Not constructed.
2. Constructed;
If previously permitted by local or county health department, please provide pernut.,_
number and issue date v , -
3. Modification;
(Describe the nature of the modification):
D. Amount of wastewater discharged:
Number of bedrooms 3. x 120 gallons = 3 loa gallons per day to be permitted
E. Type of facility producing waste (please check one):
1. ✓ Primary residence
2. Vacation/second home
3. Other, explain
F. Check the appropriate type of treatment components being used to treat the wastewater:
✓ Septic tank
_ Dosing tank
�[ Primary sand filter
�[ 'Secondary sand filter
Recirculating sand filter(s)
✓ Chlorination
Dechlorination
Other form of disinfection (specify) -
Post Aeration (specify type) it% jr- IzAlp CA c-Abr-- AuL A--%o
Other (describe, be spec)

G. For new or proposed systems only:
Please address the feasibility of alternatives to discharging for the following options in the cover letter
for this application:
1. Connection to a Regional Sewer Collection System.
2. Letter from local or county health department describing the suitability br non -suitability of the
site for other types of wastewater disposal such as a leach field.
3. Investigate Land Application such as spray irrigation or drip irrigation:
H. The application must include the following or it will be returned:
For all Certificates of Coverage:
Yes or No
Sr 0 An original;letter and two (2) copies requesting a general permit.
0 A signed and completed original aired t nvo (2) copies of this document.
E3 A check or money order for the pelt fee of $240.00 made out to DEHNR
0I A 0 13 Invoice showing that the septic tank has been pumped within the last 5 years (for existing
facilities orgy).; _.
New or proposed facilities must also include:. .
0 Letter from the county health department evaluating the proposed site for ground
absorption. -
Lf El Evaluation of connection to a regional sewer system (approximate distance & cost to
connect).
For qn Authorization to Constmct (A
IT 13 A letter requesting an ATC
fkj 0 0 A fee of $100.00 (if applying for an ATC only)
C/ 0 Three sets of plans and specifications of proposed treatment system (see Permit Application
Checklist and Design Criteria for Single Family Discharge) -
Mail entire package to:
NC DENR / DIVISION OF WATER QUALITY
Stormwater and General Pemtits Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
I. I certify that I am familiar with the information contained in the application and that to the best of
my knowledge and belief such information is true, complete, and accurate.
Printed Name of Person Si NORTo N S EG AL-
Signature of Applicant Date Signed .3
NORTH CAROLINA GENERAL STATurE 143-215.6 (B) (2) PROVIDES THAT:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan
or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or
monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environme_ ntal
Management Commissro-n imn lem,e iting that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed
$10,000, or by imprisonment not to exceed six months, or by both (18 U.S.C. Section 1001 provides a punishment by a bne of
not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.)
iGi PDX) Application 91Z,98

DERSON COUNTY HEALTH DEPARTMENT
r
IC TANK SYSTEM IMPROVEMENTS PERMIT
692.4228
ruilding
ization to Construct Permit is required before any excavation on the lot can
Permit Application will only be given with an Authorization to Construct
subject to revocation if site plan or intended use change.
Owner --- S- Q P�op�xc'�': t5 Date 10 Fe-b qY
Lot # Development T�� ple ecQ
Location �) C 19 1 iZ i'_
-louse Mobile Home ❑
Dther
Vo. Employees No. Bedrooms 3
Design Flow GPD 3
Dwner's Signature
VALID O LY FOR E AS DESCRIBED ABOVE
DRAWING NOT TO SCALE
N° _28050
WI # --
PIN # 4 6 SOr
Approved ❑
Disapproved
Max. Trench Bottom Depth
Max. Trench Width �~
Water Supply - ❑ Community ❑ Individual
® City ❑ Shared
Lot Size �� `� Slope %
LTAR
Diagram: Show property lines, buildings, location,
setbacks, well, driveways, streams, bodies of
water, and magn tic ort<
Issued By: -
nvironmental Health Specialist
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
March 16, 1999
Mr. G. Thomas Jones, III, P.E.
William G. Lapsley & Associates, P.A.
P.O. Box 546
Hendersonville, North Carolina 28793
Re: Notices of Intent for General NPDES Permits
NCG550000
S & N Properties
Lots 28, 29 and 5, Triple Creek Subdivision
Henderson County
Dear Mr. Jones:
0&1 1 0 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
This Division of Water Quality received three Notices of Intent from you on March 15, 1999 to be
covered by N.C. General NPDES Permit NCG550000. This letter is to return those Notices of Intent to
you for re -filing. The Notice of Intent form has changed recently from the form that you submitted,
and you will need to complete the revised form. As of January 1, 1999 there is a new fee schedule in
effect. The application fees are being returned with the Notices of Intent. A new check for $50 each
should be submitted with the Notices of Intent. General Permits are now subject to Annual Fees. The
$50's submitted with the Notices of Intent will cover the first year annual fees. A copy of the new fee
structure is enclosed for your use. Please prepare new checks and resubmit your Notices of Intent.
Your checks should be rewritten for $50.00. If you have questions concerning these matters, please
contact me at 919/733-5083, ext. 548 or our Asheville Regional Office.
Cc: Zsheville Regional Office
Attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerely,
William C� �Mills PE
Stormwater and General Permits Unit
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Mr. G. Thomas Jones III, P.E.
William G. Lapsley & Associates, P.A.
PO Box 546
Hendersonville, North Carolina 28793
Dear Mr. Jones:
D E N R
March 25, 1999
Subject: NPDES General Permit Application
Application Number NCG551018
S & N Properties, Inc. (Lot 5)
Henderson County
This is to acknowledge receipt of the following documents on March 2
X Completed Notice of Intent (Application Form),
Engineering Proposal (for proposed control facilities),
Request for permit renewal
X Application processing fee of $50.00.
Engineering Economics Alternatives Analysis,
X Engineering Plans and Specifications
Local Government Signoff,
Source Reduction and Recycling,
_ Interbasin Transfer,
X Other: County health department denial of ground absorption.
The items checked below are needed before review can begin:
Completed Notice of Intent (Application Form),
Engineering proposal (see attachment),
Application Processing Fee of $,
Delegation of Authority (see attached),
Biocide Sheet (see attached),
Engineering Economics Alternatives Analysis,
Engineering Plans and Specifications
_ Local Government Signoff,
Source Reduction and Recycling,
_ Interbasin Transfer,
Other:
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX`919-733-0719
50% recycled/ 10% post=donsumer paper

If the application is not made complete within thirty (30) days, it will be returned to you and may
be resubmitted when complete.
This application has been assigned to Mack Wiggins (919/733-5083) Ext. 542 of our Permits
Unit for review. You will be advised of any comments, recommendations, questions or other
information necessary for the review of the application.
I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report
and recommendations regarding this discharge. If you have any questions regarding this
application, please contact the review person listed above.
Sincerely,
ack Wiggins
Stormwater and General Permits Unit
cc: �IE�Asiil}I'e RegcinaI Office
Permit Application File

Q
William G., Lapsley. & Associates, P.A.
Consulting Engineers and Land Planners
1635 Asheville Highway
Post Office Box 546
Hendersonville, North Carolina 28793
.828-697-7334 • FAX [phone]
March .18 1999 William G. Lapsley, RK
, TIliam IL Buie, .RE.
G. Thomas Jones III, RE.

5
�� • A
Division of Water Quality / Water Quality Section
Lr.
National Pollutant Discharge Elimination System
NCDENR
OP
Fr *ow w 'o N mw R CAROM OCft�mmc" NCG550000
NOTICE OF INTENT
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG500000: Single Family Domestic Units and/or facilities discharging less than 1000 gallons per
day of domestic wastewater and similar point source discharges
(Please print or type)
1) Region contact (Please note: This application will be returned if you have not met with a
representative from the appropriate regional office):
Please list the NCDENR Regional Office representative(s) with whom you have met:
Name: Ko%i Date: 1-"—�- 'rTe-A-
2) Mailing address' of owner/operator:
Owner Name S IF, N pRap TL�S , i Nc
Street Address 5 00 C goo4c�p G2 K L%AN IL
City µFNnER.SoNV%tt_� State NC ZIP Code 26739
Telephone No. (Home) $Z8 (99C9 — 202-7 (Work) s 4r-m_
Address to which all permit correspondence will be mailed
3) Location of facility producing discharge:
Street Address-r2%nL�e cfL4V'-vC S%-A'eWV1Sw+j, "-r ':kk 5
City y State NC— ZIP Code Z 8739
County 0extsaI
Telephone No. am (. 916 - SO2-7
4) Physical location information:
Please provide a narrative description of how to get to the facility (use street names, state road
numbers, and distance and direction from a roadway intersection).
WC, _191 , Af.'V20Y. Z d►=, 'RUtA �iFiP1�l£RSoNV�lrl.� o1V l.EPT
5) This NPDES pertnit application applies to which of the following :
New or Proposed (system not constructed)
❑ Existing (system constructed); If previously permitted by local or county health department,
please provide the permit number and issue date
❑ Modification; please describe the nature of the modification:
6) Description of Discharge:
a) . Amount of wastewater to be discharged:
Number of bedrooms 3 x 120 gallons per bedroom = .4(00 ,gallons per day to be permitted
Page 1 of 3
Svw-216-010199 ..

NCG550000 N.O.I.
b) Type of facility producing waste (please check one):
9 Primary residence ❑ Vacation/second home
❑ Other:
7) Please check the components that comprise the wastewater treatment system:
9 Septic tank ❑ Dosing tank
YPrimary sand filter 12(Secondary sand filter
8' Chlorination ❑ Dechlorination
2 Post Aeration (specify type) R'Q RVA(Z
❑ Recirculating sand filter(s)
❑ Other form of disinfection:
CASc.4f�.e_ ► SfZyA-vvit
8) For new or proposed systems only -Please address the feasibility of alternatives to
discharging for the following options in the cover letter for this application:
a) Connection to a Regional Sewer Collection System.
b) Letter from local or county health department describing the suitability or non -suitability of the site
for all types of wastewater ground adsorption systems.
c). Investigate Land Application such as spray irrigation or drip irrigation.
9) Receiving waters:
a) What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility
wastewater discharges end up in?
b) Stream Classification (if known): M I iO N
10) The application must include the following or it will be returned:
a) For Certificates of Coverage:
E( An original letter and two (2). copies requesting a general permit.
Rr A signed -and completed original and two (2) copies of this document.
Cr A check or money order for the permit fee of $50.00 made payable to NCDENR.
WIA ❑ Invoice showing that the septic tank has been pumped and serviced within the last 2 "years
(for existing facilities only). -
New or proposed facilities must also include:
T( Letter from the county health department evaluating the proposed site for all types of
ground absorption systems.
Evaluation of connection to a regional sewer system (approximate distance & cost to connect).
b) For an Authorization to Construct (ATC) only:
A letter requesting an ATC
IF( Three sets of plans and specifications of proposed treatment system (see Permit
Application Checklist and Design Criteria for Single Family Discharge)
N /A ❑ Invoice showing that the septic tank has been pumped and serviced (for existing septic
tanks).
Note: There is no fee when requesting an Authorization to Construct
svw-216-010199 Page 2 of 3
f

G550000 N.O.I.
Additional Application Requirements:
a)
a
c)
If this application is being submitted by a consulting engineer (or engineering firm), include
documentation from the applicant showing that the engineer (Or firm) submitting the application
has been designated an authorized Representative of the applicant.
If this application is being submitted by a consulting engineer (or engineering firm), final plans for
the treatment system must be signed and sealed by a North Carolina registered Professional
Engineer and stamped - "Final Design - Not released for construction".
If this application is being submitted by a consulting engineer (or engineering firm), final
specifications for all major treatment components must be signed and sealed by a North Carolina
registered Professional Engineer and shall include a narrative description of the treatment system
to be constructed.
12) Certification:
I certify that I am familiar with.the information contained in this application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Printed Name of Person Signing:
Title: J S Ecrz-z-c.4R. f ,
(Signature of
Nori-ror3 SF -GAL-
S & rJ
North Carolina General Statute 143-215.6 b (i) provides that:
raC-,
�J 15 0, �
(Date Signed)
Any person who knowingly makes any false statement, representation, or certification in any
application, record, report, plan or other document filed or required to be maintained under Article
21 or regulations of the Environmental Management Commission implementing that Article, or
who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or
method required to be operated or maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a
misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six
months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than
$10,000 or imprisonment not more than 5 years, or both, for a similar offense.)
Notice of Intent must be accompanied by a check or money order for $50.00 made payable to:
NCDENR
Mail three (3) copies of the entire package to:
Division of Water Quality
Stormwater and General Permits Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Note
The submission of this document does not guarantee the issuance of p NPDES permit
Page 3 of 3
SWU-216-010199

L 0 c -D
S & N Properties, Inc.
500 Crooked Creek Lane
Hendersonville, NC 28739
March 10, 1999
NC DENR 1 Division of Water Quality
Stormwater and General Permits Unit
P.O. Box 29535
Raleigh, NC 27626-0535
Re: Lot #5, Triple Creek Subdivision
Authorization to Construct
Sand Filter Wastewater Treatment System
Henderson County
Dear Sirs:
This is to advise you that I am requesting and Authorization to Construct the sand filter wastewater
treatment system designed by William G. Lapsley & Associates, P.A., for the above referenced
project. This authorization is being requested in conjunction with the Application for Coverage
under NCG550000.
Please feel free to contact Mr. G. Thomas Jones III, P.E. at [phone] should you have any
questions.
Sincerely,
Norton Segal, Secretary
S & N Properties, Inc.

NDERSON COUNTY HEALTH DEPARTMENT
PT/C TANK SYSTEM IMPROVEMENTS PERMIT
692.4228
F,.A
orization to Construct Permit is required before any excavation on the lot can
lding Permit Application will only be given with an Authorization to Construct
it subject tt7o revocation if site plan or intended use change. j
Dwner S- fro tQr+: -t 5 f
t Date l� FAO
77
.ot # Development T<<p1e Cc-QQ- K
.ocation C 19 1 T! L Tc: ,p�eQ-
5 lot o TZj'
louse 0 Mobile Home ❑
)ther
lo. Employees No. Bedrooms 3
)esign Flow GPD 3
)wner's Signature
VALID O LY FOR E AS DESCRIBED ABOVE
DRAWING NOT TO SCALE
N9 _28050
WI #
PIN # 4 6
Approved ❑
Disapproved
Max. Trench Bottom Depth
Max. Trench Width
Water Supply - ❑ Community ❑ Individual
City ❑ Shared
Lot Size 0, '1 f'�< - Slope f -%c= %
LTAR
Diagram: Show property lines, buildings, location,
setbacks, well, driveways, streams, bodies of
water, and magn tic ort
Issued By:
nvironmental Health Specialist
¢ Cl Tos CC, r.J 12_J C•�c:l .^�CCJ�. �: QCA
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
February 24, 1999
Mr. G. Thomas Jones III, P.E.
William G. Lapsley & Associates
Post Office Box 546
Hendersonville, North Carolina 28793
Subject: Proposed Subsurface Sand
Filter
Tripple Creek Subdivision
Henderson County
Dear Mr. Jones:
On February 18, 1999 I inspected Tripple Creek
Subdivision for purposes of determining whether or not lots
number five (5),twenty-eight (28) and twenty-nine (29) could
be served by individual septic tanks -subsurface sand filter
sewage treatment systems. Mill Pond Creek which is
reasonably close to lot number five (5) has sufficient
drainage area to accept treated sewage from a single family
residence treatment system located on lot number five (5).
The unnamed tributary to Mill Pond Creek which passes near
lots twenty-eight (28) and twenty-nine (29) does not have
sufficient drainage area to accept treated sewage from even
a single home.
I am sure that you and the developer will have
questions after you review this letter, so please do not
hesitate to call me at 828-251-6208.
Sincerely,
J c��
Roy M. Davis
Environmental Engineer
xc: Vicki Goings
TRIPPLEC.99
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2.414
PHONE 828-2S1-6208 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER
M° H` u _ G7amw c, �,nW r

HENDERSON COUNTY HEALTH DEPARTMENT
FnA
EPTIC TANK SYSTEM IMPROVEMENTS PERMIT
692.4228
rization to Construct Permit is required before any excavation on the lot can
ding Permit Application will only be given with an Authorization to Construct
lermit. Permit subject to revocation if site plan or intended use change.
'Owner S" PVoPQr+. Date
Lot # Development Ti►p12 CcQQ K
Location X C 1 9 1 i 1 LQ-
5��� Icf o TZfi
House 0 Mobile Home ❑
Other
No., Employees No. Bedrooms 3
Design Flow GPD 3
Owner's Signature
VALID ONLY FOR "E AS DESCRIBED ABOVE
DRAWING NOT TO SCALE
N° -28050
WI #
PIN #
Approved ❑
Disapproved
Max. Trench Bottom Depth
Max. Trench Width
Water Supply - ❑ Community ❑ Individual
® City ❑ Shared
Lot Size 0t 11 PrC - Slope S';c:
LTAR
Diagram: Show property lines, buildings, location,
setbacks, well, driveways, streams, bodies of
water, and magn tic ort /
Issued By:
nvironmental Health Specialist
jot �P`eJ e c� oS CC--r.-3 Q �T: C. � �cc�: T: aCA
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HENDERSON COUNTY HEALTH DEPARTMENT
SEPTIC TANK SYSTEM IMPROVEMENTS PERMIT
692.4228
n Authorization to Construct Permit is required before any excavation on the lot can
Permi
n. A Building Permit Application will only be given with an Authorization to Construct
t. Permit subject to revocation if site plan or intended use change.
r©
Owner 54 Q`ePE��� e S Date to
Lot # Development Tcz- pk C.e-1\
Location /J C I ct 1 T% L
House 9 Mobile Home ❑
Other
No. Employees N ( C-� No. Bedrooms 3
Design Flow GPD
Owner's
VALID O LY OR USE * DESCRIBED ABOVE
'DRAWING NOT TO SCALE
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To
N° _28049
WI #
PIN#
Approved ❑
isapproved .�'
Max. Trench Bottom Depth
Max. Trench Width
Water Supply - ❑ Community ❑ Individual
•a City ❑ Shared
Lot Size _ Bo� A-c Slope 3-s
LTAR
Diagram: Show property lines, buildings, location,
setbacks, well, driveways, streams, bodies of
water, and ma eti
Issued By: \
nvironmental Health Specialist
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ENDERSON COUNTY HEALTH DEPARTMENT
SEPTIC TANK SYSTEM IMPROVEMENTS PERMIT
692.4228
Fn.,A
orization to Construct Permit is required before any excavation on the lot can
lding Permit Application will only be given with an Authorization to Construct
it subject to revocation if site plan or intended use change.
owner i>f� , e s Date i FQ b q
.ot Development Q Cerz K
_ocae C 191 T/ L C: O Cc,, K
�� to o— iz --i' 6f Q_CA \� c tit —�I� -5e
-Iouse Mobile Home ❑
)ther N f�
Jo. Employees / . Bedr oms
)esign Flow GPD
)wner's Signature
VAL
USE AS DESCRIBED ABOVE
Ili NOT TO SCALE
Lo
C3-
NY _28048
WI # .
PIN #
Approved ❑
Disapproved �,
Max. Trench Bottom Depth__
Max. Trench Width i<
Water Supply - ❑ Community ❑ Individual
t City ElShared
Lot Size I e 2� 1 c Slope 3_
LTAR
Diagram: Show property lines, buildings, location,
setbacks, well, driveways, streams, bodies of
water, and mag tic
Issued By:
/Er*ironmental Health Specialist
-PCC Ca��Q.��: c �
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CL, J J E.:2_cy)

8286977333 WILLIAM LAP5LEY
038 P01 FEB 17 199 15:28
WILLIAM G. LAPSLE.V & ASSOCIATES, P.A.
1635 ASHRVILLE HIGHWAY
FO BOX 346
HENOXASON'VILLE, NC 29793
B29.697-7334
FAX [phone]
FACSIMILE TRANSMITTAL SHEET
TO: rIgIt T +f LS IFRObt
C011dPANY: � DrA'rE.
FAX NUNB$R: TOTAL NO OF PAGES INCLUDING COVPR:
PHONE NLIMi;ER: SFWlX 8 RRFARENCE NUMBER:
R8: YOtnt REMENCE NUMBER-
©URGENT ❑Ff?R REVIEW OPLLASR COMIVWNT OPLEASE REPLY
NOTES/C0A0vll9NTS:
THIS FACSIMILE UESSAGE IS CONFIDENTIAL AND IS INTENDED SOLELY FOR THE ADDRESSEE ABOVE NAMED. IF
YOU ARE NOT THE INTENDED RECIPIENT OR THE PERSON RESPPNS(OLA FOR DELIVERY To TH$ INTENDED
RECIPIENT, YOU ARE ADVISED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING otr T3Kjs MESSAGE IS
PROHIBITED. IF YOU HAVE RECEIVED THIS KE5SAGE IN ERRO$,YOU ARE k5QUESTED TO PLEASE MitrTtFY THE
SENDER BY TELEPHONE COLLECT AND TO RETURN TIE ORIGINAL MESSAGE TQ THE SENDER BY U.S. MAIL.

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8286977333 WILLIAM LAP5LEY
824 P01 FEB 12 199 14:30
zyl—(M irg-e—
February 1Z IM
Mr. toy Dauis
NCDENR.
59 Woodfin lla�e
Asheville, NC 28MI
RE: Triple Greek Subdivision
Us 5, 28, 29
Qear Mr. Davis,
William G. Lapsley & .Associates, P.A.
Consulting ]Enginccxs and Land Pl.anxnen
1 Q35 AshcvMe Highway
Post Office Box 546
Hcndemriville, Noah Carolina 28793
82"97-7334 •FAX [phone]
William G. LapnIer. P.E.
ViViap L Buis, pE.
G. Thomae Jones im, F.E.
Enclosed for your review please frnd,three se c tank system permitapplicalions frmn #0
Henderson County Health Department. The owner would like to pursue sand filter systems an these
lass if passible. Pima let =know if you have any quedm.
Sincerely,
G. Thomas Jones ill, P.E.
�%` Pxiowd oa ftcy-W popes

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B2B5977333 WILLIAM LAPSLEY
824 P03 FEB 12 199 14:31
HENDERSON COUNTY HEALTH QEPARTNMENT
SEPTIC TANK SYSTEM IMPROVEA49M'M PERMff
` 692.4228
An Authorization to Construct Permit is required before any excavation on the lot can
begin. A Building Permit Application will only be given wRb an Authorization to Construct
Permit- Permit subject to revocation ti site plan or intended use c ange.
Owner PyL'3?P-J-e$
1 r
Lot X 0evelopment .. T-1- n6 Ci p-K
Location is C E 4 T` G i s-: rA-e '(c-n K D c, a'e
House Mobile Home ❑
Other
No. Employees 7-] f Iy No. Bed=ms _ ...�
Design Plow GPD 3
owners Sianatur
USE DESCRIBED ABOVE
40 N TO SCALE
Y N9 -28049
VVI #
Pill # 9 b 50.
Approved ❑
iSBl�proved
MOX. Trench Bottom Depth . - �—
Max. Trench width -
Water Supply - ❑ Community ❑ Indtvirdual
City ❑ Shared
Lot size Slope
LTAI-t
Dagwam: Show property lines, buildings, location,
setbacks, welT, driveways, streams, bodies of
water, Ltd ma ti
Issued I3y:
rr+lronmental Ffealttl-Specialist
ram,. - i. ors
fo 4 C.�� ,4 1 2:]
a+W- a ti� LOL S a "w ? r � Y C" � �? t
Q �'s q, 1 6]
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62eG977333 WILLIAM LAPSLEY
824 PO4 FEB 12 199 14:31
HENDIMS ON COUNTY HEALTH DEPARTMENT
SEMO TANK BY37EM MWROVEMENTS PERMIT
692-4228
An Authoftiftn to Construct Permit is required before any excavation on the lot Can
begin. A Building Permit Application will only be giver} wish an Authorization to Construct
Permit. Permit subject to revocation if site plan or intended use Change.
owner ' _ 1t- N t' a V_
Lot Qeveloprnent
lm C 191 TIL_
EC_
es - mate11Rt94
_ V1e
Mouse Mobile Nome ❑
other ---
No. Employees
Design Flow GPD
Owner's Signature
VALIEP6NLLF046USE JloiDE&RIBED ABOVE
DRAWING NOT TO SCALE
t N9 _28948
W1#
PIN #
Approved ❑
Q $Sappmved a
Max. Trench Bottom Depth__.
Max. Trench Width '
water supply - ❑ Community ❑ Individual
a City ElShared
Lot size t 1 e lz1 fre - Scope 3'_ %
UAR
Diagram: Show pMerty lines, buildings. location,
setbacks, well, driveways, str arras, bodies of
vaster, and ittag tic
Issued ey:
ronmental Heafth Specialist
a LeTaotiarz ti;e vim:[, tt: i
+
X y
�,.!vtiQ 4�lt rf
SJw- �a pC:1'MJj cktk4
E�-�: � ism •.�i, D � (�1 C4� ��`- �-� !— i1-��'�1
$o�cA t Tic s 4�m c3

12/09/1998 14:51 7046974523 HEND CO ENV HEALTH PAGE 02
Henderson County
Department of Public Healt
1347 Spartanburg highway, Headersonvilte, NC 28792 kAXs04)69z�223
697-4223
Thowas L. Johnson, MPH, Director James C. Irion, MD, Medical Director
December 9, 1998
NT-MQRANDUh4
TO: William Lapsley & Associates
A17 ENTION, Tom Jones
FROM: Jerry Robinson, R_S., Environmental Health Specialist
SUBJECT: LE CREE SUBD VISION ILO 6-9 3 L8 23 24 27 & 29
On November 4, 1998, the above -mentioned lots were evaluated by this Department for suitability
of on -site wastewater treatment and disposal systems, Le. septic systems. This letter is a progress report
on those evaluations and does riot constitute approval nor does it guarantee that approval of any of these
lots will be given by this Department. Each lot will be discussed in turn, and Comments made as to
conditions, etc,
LQT NUMBER 6: This lot is bisected by one stream and also has another stream at its bottoul;
the uppermost part of this lot also has cut banks along two road frontages. There is very little of this lot
that is at least fifty -feet, from the streams, which is the minimum setback for a septic system.
LOT ER 7, This lot has a stream across the lower side, and a good portion appears to be
in flood -plain- While this does not always mean unsuitability, results from adjacent lots indicate soil
wetness at very shallow depths and precludes any type of septic system �exce�t on the highest part of this
lot. In order to determine if a system can be installed on this lot, it will be necessary to underbrush the
upper portion and allow laying out of system and repair on the ground with a transit.
LOT hIaPER 8: Conditions on the lot are very similar to those on Lot #7, but there appears
to be somewhat more space available on this lot. It is probable that an Engineer -designed system cont�s
required our this lot since the approvable area is at the highest part. Undelbruslung and layout
will be necessary before work can begin with the Engineer.
LOT .Ni1M$ER 9; This lot has a stream along the lowest part with the adjacent flood plain -
Space being limited, underbrushing will be necessary to allow contours to be laid out. Unless space for
system and 100% repair are found, this lot will be unsuitable.
Public Health: Everywhere, EveryDav, EveryBodv.

12/09/1998 14:51 7046974523 HEND CD ENV HEALTH PAGE 03
2-
I E El 8 23 & 24 These lots appeared to be workable for on -site systems once
house locations, driveways, utilities and corner pins are marked and provided that the lots have not been
altered in any way.
LOT MHER 27- This lot has a stream across the rear and along a portion of the left side. A
pump -to -shallow system may be possible on the left and front, but underbrusbung will benecessary before
we can re -visit the lot and lay contours out with a transit.
LOT I.lL M R 22 This lot is predominately a drainage way and flood -Plain with gentle
slopes. A stream enters at the front of this lot and runs along the left side. There is also some surface
drainage across the right -rear. Recombination of Lot 30 and 29 may result in an approvable area fox a
septic system, but further evaluation is necessary_
To review the ten lots evaluated: Lot 6 and 29 are very likely unsuitable for any type on -site
sewage disposal system. Lots 7 through 9 and 27 M have approvable areas, but require further
evaluation and underbmshing to allow this Department to layout contours and footprint possible septic
systems. Lots 13,18, 23, and 24 could support on -site systems with the requirements mentioned above -
please note, the only guarantee that a lot is buildable is to have an Improvements Permit issued•
Code requires that Improvement Permits be issued only on rd Plats with all other nequizementS on
that site being suitable or provisionally suitable for on -site systems.
Should you have any questions, feel free to contact me.
Sincerely,
F
Jerry lt_ Robinson, R.S.
Environmental Health Specialist
JRR:mfd

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(9) \ 1 O
CIMARRON FOREST
° - SUBDIMSION ENTRANCE
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WILLIAM G. LAPSLEY & A SSOCIATES P.A.
CONSIILMNG ENB4 UM & LAND PLANNERS TRIPLE CREEK SUBDIVISION
A35 Asheville Highway
Poet Office Box 546 SUBDIVISON SKETCH
Hendersonville, NC 28793
704 697-7334 Phone
704 697-7333 Fax
7MILL POND CREEK
r
PARK
AREA
r
\\ EXISTING
\ POND
LOCATION MAP
SCALE: 1 "=200'

8286977333 WILLIAM LAP5LEY
254 P01 DEC 10 198 10:39
In
December 10,1998
Mr. Rey Darns
NCDENR
59 woodfin place
Asheville, KC 28801
RE: Triple Oreek Subdivision
Dear Mr. Davis:
William G. Lapsley & Associates, PA.
Consulting Engineers and Land Plaxincxs
1635 A,sImMe Homy
Vbst Offiec Boa 545
HcadasovvilL-, North CamUna 29193
828-697-7334 • EAX 828-697 7333
WOam G. Lapft P&
WTiiHOM IL "41 Px-
Q abftuw .Tn aea 1H; ]?X.
Errctwed for your review please find a loiter from the Henderson County Huth DepWment for the
abM refemncad project. } am aim faxing a sketch of the subdivision, and sending a large print with
existing contours by mail. Tire subdivision is approximately I mile from a public sewer system (City of
Hendersomdk-). To reach the sewer system, a pump staff would have to be built since the public
sewer system is apprcaimatety 12p' higher than any possible aotleetion paint for this Gut vision. The
rough estimated cost to build a collection system, pump station, and sew+erfnroe main for the
subdivision is $3QO,WO.
On November 4,19g8, the Henderson County Health Department evaluated 10 (teen) Pots. Based
upon the allacW letter, the owner (S&N Rroperkes, Inc.) would like to determine whether a buried
sand filtersystem could be employed far lots 7, 9, and 29. Ptease let me know Ryou rased any
additional information, and if we Cyr! met o"te to dituss this project.
Sincerely,
G. Mamas Jones III, R. E.
cn
rdaoui m P.P-7.1.d

pp, 82e6977333 WILLIAM LAPSLEY
n County
Departtnent of VuD11c New#t1
s�arspaz ww�Y, s�a�.�a� rrc (om) MA4223
k'AX. 6974709
I-bufflaat L, JohDroN MPFf, Dirk"Or
.Flaws G- XRiu,1, MD, Mediegf Director
I]a=mtc C 9, 1999
TO: , wilXjgm I,.apsley & Azooda=
AT`I'F_Ni7ON' TOM IOM=
254 P02 DEC 10 198 10:39
FlitAM
7ieny Rdbtnsan, RS., ExwftunwOud ffOd1b SPxiali"
SUBTEX-7_ jX E CRF:FIG SUB13 V[SIO LOOMS - 9. �3 i.$� 23 24 27. &"
on Navcu ber 4,1999, the above -mooned lobs = e by this Ele�t for suitability
a€on�ite wastewater treaty t and • i e *7' ' Tl" Ietter is a propm
on lbw evalnau ms aid does am c Wuwsg *1n1 2l. tw docS ii pamdlle that apPOV11111 aatg Qf1h&
lasts will be given by this 17epa dnxA Fwh Sot wM be disc uaed in hu`n, and CO " wOs k" to
cotsdiunns, etc.
LDHjN M6. -Phis lot xs bi$mtl; d by ow st vmm nad also has auutbt?Ir MIC30 at � hattaan;
tilt upper ut to paxt
of tb laR also 1.ns c,>f t CS ala�tg ivvo Fnat1 fito�tatages. -T1t= is v�sy list& of this lot
um is ai >osk fifts-tern firom the umms, which is the min►imm hack fora t�C l ei►.
" am" the kma 5kdk, tmd a qx d poxtmn appears to bE
�H 7ia Hai has a stream
is flood-plitiw `WbjLte-titis-tloas M dways aa= nussubdRlity, Mdts fiam tuljacesst lots mhcate soil
wetne% at very OW1ow dt pft and pmludm any type on the biglsest !Pat of
um
- 'be rissigllt�d n tlhts ltllf �1 wa3l be neeesssu)r to .aiide�tbxnsb"the _ ,
mat �- . , it _
LC?T IH(Jl► HI? 8: Cvnditi m au Me lit axe vay sl�ntlar to thaw on Fri �P7, but tl�cre aQpCrs
to be somewhat xmm Vam xv&IaW an WX lot It is pwbablo that an ttcer-desgPA sYsteua will b-
sequired on this fog sty the appmablt area is at tine higJW9 P-4- Xlndmis mbing and layeal of Om tcxi"
.1 be mze% g beWm wQ* can began with t#� Euguout cs-
,,
This lot has a stxea m along -pffu
i.:r.....;w7.a .:orYoc�w-tei �llbry tOfRS'6Q
Fuld{C IHeal{h: �erltw#sere* E�aeryDay. �v�'Yeodi'-

8285977333 WILLIAM LAPSLEY
254 P03 DEC 10 193 1.0:40
23_ �4_ Them lots$PWued to be workable %V on site sys�s Dace
house beat.' d.,,r Ys,
utilities snd cwna,piaa, z= uw1wd and pmvmkd t ti4t l 1>a nat bay
altered in wW way
L T NUM —BIER 27 - x'his I" ha$ a stream amthe rear wd along s of to left side. A
gt►am W ally st:es� ma be P�]e ou the left and (rout, but u� w� be j°�' before
we can w-visit the lot and lay conu us out with a transit
®� 111is lot, PvxWu iearely a rbaiinsge vvay mid poet Iain wdh 760
l
slopes- A srrrun evttxs at the fxnst a! this lot and xx�ms a] and ttte.li.s 'i l»►e•is•atls�,s0OVI
cfRin c acs Cass the at ltt-zear on'f I [ 30 a� 29 may rewlt in an appwro c
but fitrBtexecl:.acy _.r —
csystatoa is €
To miiew the ten lots �: Lot 6 and 29 are v=71*ely uns dtabVe WM K tylx eaft be
wk
sm,age disposal system. Lam 9 27 may have ap *, amd foogffm passible septic
evalwtatm auad ma d 1Jxvah-n6 is allow this D"Ammd to ia3' o
VI systems. iL m 13.119, 23, sad 24 aodd suppatt (M-site systeaoas w9t itt tlxe ,.Yn;v+:rr�rtPJLtR mentioned above•
ritm 7notaJ, the Duty guaxmaee tIM a lot is bOdahle is to have on Itup� >E on
flc
JDorequires tha improvement Fesmits be issued aniY t o a- p with all o
tbst sue being mirsble to pravisianailp soitable fm an ,Ate systmw.
Shm1d you have W cGtivns, fcd frame to CO' sae.
SittCerel
r
Deny R. PjAA090n, RS.
H W1h Specialis9t
Ran"

8286977333 WILLIAM LAPSLEY 254 PO4 DEC 10 198 10:40
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HORSE SHOE QUADRANGLE
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PRISONER
A PHYSICAL COUNT OF'PRISONERS IND'
TOTAL COU;
JAIL AREA (FLOORS) MALES
JAIL (12 TO 15)
BOOKING
WOMENS FLOOR
TOTAL IN JAIL
ANNEX A
ANNEX B
TOTAL JAIL & ANNEX
CONFINED, NOT IN JAIL
*TOTAL
ANY PROBLEMS THAT NEED TO BE REPO:
I HAVE PERSONALLY VERIFIED THE AC
REPORT.
APPROVED SHIFT LEADER

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