Graham Complaints_20200615

PAT MCCRORY
g;" I Governor
DONALD R. VAN DER VAART
Secretary
WaterResources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
May 27, 2016
Certified Mail#7012-1010-0002-1965-5556
Return Receipt Requested
J&T Ward Properties,LLC
Mr.Thomas Ward,Managing Partner
P.O. Box 457
Robbinsville,NC 28771
Re: Discharge of Wastewater
Incident#201601035
35 Ward Street
Robbinsville,NC 28771
Dear Mr. Ward:
On May 21, 2016,the Division of Water Resources(Division)received notice from the EPA that your
property was discharging wastewater via application to the ground surface.A person observing the
ongoing discharge notified the National Response Center(NRC#1148387).According to the complaint,
the discharge has been occurring since at least April 1,2016.
During the subsequent investigation, it was confirmed from conversations with Town of Robbinsville
Public Works staff and yourself,that wastewater has been discharging due to a failing or bypassing
gravity sewer line located on your property. The discharged wastewater was entering a stormdrain that
flows to surface water(i.e.,Long Creek).The observed wastewater discharge is a violation of North
Carolina General Statute 143-215.l(a) Control ofsources of water pollution;permits required.
To avoid assessment of penalties and to achieve compliance, cease all discharges immediately.
Within thirty(30)days upon receipt of this letter, submit a written response to the undersigned stating
what actions have been taken resolve this issue. Please include in the summary the actions taken with the
local Health Department and Town of Robbinsville.
If you have any questions please contact me at(828)296-4665. We appreciate your cooperation in this
matter.
Sincerely,
� r
Tim Heim,P.E.,Environmental Engineer
Water Quality Regional Operations Section
Asheville Regional Office
e.�' a ert Quality Asheville File?
\\wp3dnfp06.eads.ncads.net\data\WR\WQ\Graham\Compplaints\35 Ward Street\INV:05262016.1tr.docx
State of North Carolina I Environmental Quality I Water Resources
Asheville Regional Operations Center
2090 US 70 Highway,Swannanoa,North Carolina 28778
828/296-4500

� F)NA r� Incident Report
�C,
>_
Report Number: 201101857
Incident Type: Complaint On-Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 08/20/2011
Company Name:
County: Graham Phone:
City: Pager/Mobile Phone: /
Farm#:
Responsible Party: Reported By:
Owner: First/Mid/Last Name: Geoffrey Ray
Permit: Company Name:
Facility: Address: GeoffsmailCharternet
First Name:
Middle Name: City/State/Zip:
Last Name: Phone:
Address Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable City.lbs. Reportable City.kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: or where 143 crosses Snowbird crk
Address:
City/State/Zip
Report Created 09/02/11 03:44 PM Page 1

Cause/Observation: Directions:
red clay/sediment/turbidity observed at crossing
Action Taken: Comments:
Could not track down a source. Will continue to look with future JM and SAW investigated 9/1/2011. Found no readily apparent sources
trips to Graham County. of red/clay sediment. Did notice some turbidity along the creek-minor-
older siltation. Drove up Big and Little Snowbird.
Incident Questions:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted: Unknown
Event Type Event Date Due Date Comment
Incident closed 2011-09-02 04:00:00
Report Entered 2011-09-02 03:35:00
Inspection or Site Visit Conducted 2011-09-01 01:30:00 drove to site and upstream-Little
Referred to Regional Office-Primary Contact 2011-08-23 03:40:00
Report Created 09/02/11 03:44 PM Page 2

JReport Received 2011-08-23 03:32:00
Incident Start 2011-08-20 04:00:00
Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Susan A Wilson Susan A Wilson Susan A Wilson
Phone:
Date/Time: 2011-08-23 03:32:00 PM 2011-09-02 03:35:00 PM 2011-08-23 03:40:00 PM
Referred Via: email email
Did DWQ request an additional written report?
If yes,What additional information is needed?
Report Created 09/02/11 03:44 PM Page 3

son, Susan A
From: Geoffrey Ray[[e-mail]]
Sent: Tuesday, August 23, 2011 6:49 PM 1 0
To: Wilson, Susan A L
Cc: Menzel, Jeff
Subject: Re: Snowbird Creek
Hi Susan,
Thanks for the reply. It was the stretch between where Snowbird creek first runs along Hwy.
143 just upstream of the old fish hatchery down to Lake Santeetlah.
I wish I had had more time and could stop and drive upstream to find the source, but I was
running late and in a hurry.
Let me know if you need any other info.
Thanks! Geoff.
On Aug 23, 2011, at 3:46 PM, Wilson, Susan A wrote:
> Thanks Geoffrey - we'll look into it. Could you tell me the road you were driving on when
you saw it? - or anything else to narrow down the watershed area of concern? (Don P also
passed along your message).
> Susan A. Wilson - Susan.A.WilsonOncdenr.gov North Carolina Dept. of
> Environment and Natural Resources Asheville Regional Office Division
> of Water Quality - Surface Water Protection 2090 U.S. 70 Highway
> Swannanoa, NC 28778
> Tel: [phone]
> Fax: [phone]
> Notice: E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and therefore may be disclosed to third parties.
> -----Original.Message-----
> From: Geoffrey Ray fmailto:geoffsmail(@charter.netl
> Sent: Tuesday, August 23, 2011 3:32 PM
> To: Wilson, Susan A
> Subject: Snowbird Creek
> Hi Susan,
> I wanted to let you know about something I saw last Saturday, 8/20/11.
> I was in Graham County near Robbinsville snorkeling in a stream with some fisheries
biologists from Tennessee. When I left them I drove past another creek in a nearby drainage,
Snowbird Creek. I was horrified to see that is was choked with red clay so bad you couldn't
see any of the rocks underwater.
> I have been by Snowbird Creek many times under all weather conditions and have never seen
it even a little cloudy.
1

> As you probably know this is an important trout stream and I am horrified to think about
the damage that was probably done to the aquatic life.
> As luck would have it I ran into a local who was probably involved in some grading upstream
and was probably the culprit. I didn't get his name. He did say that it runs like that
every time it rains, definitely not true.
> I was wondering if you could check on it or let me know who to report it to.
> I did report it today to the local USFS ranger's office, Cheoah Ranger District, but am not
sure if that will be enough.
> Thanks for the help, Geoff Ray-Asheville, NC
2

035' 17'30.00"N 035* 18'00.00"N 035- 18'30.00"N 035- 19'00.00"N 035- 19-30.00"N
OD—
Mt
p
Ci? fi im '0(
o
S
—CCD0 U -
i1
f
0— -
0 C)
mcn
m I
7-
N
IVINN N CD-
CD
cn
OD— 00
Ol
L r, oli
p- -P
CD— —(D
CO,
r/
CD
co 00
7.
Ul
C>—CDti
C)—
. . I . . . W. . . . . . . . . I . . 1-1 1 1 -F--F-T--F-T-T-T-T--1 1 1 1 1 . . . . . . I . I . . rT I I
035- 17'30.00"N 035- 18'00.00"N 035- 18'30.00"N 035*19'00.00"N 035- 19'30.00"N

6�1 A4A.L-
50'30.00"W 083°50'00.00"W 083°49'30.00"W 083°49'00.00"W 083°48'30.00"W
v v
p .,� J Cary. ."':"� `x \�` f O
- �--�s,,,,F"-_ � �1 '' !f � � e �1 4�`�`'`•. ( (�-.\�t � ma's y°s;:
4:� �. �'�'""'�=`"^�,... J (, '��^ '�"" --..,-..'._,..'°�`t �;j fir' r'f` °• `- " � � `�!` � �l}' � f1 .�
fto -LO
13 I
f o o
_r '•Pr ` L ) j(y�fjjjj{j( {i 2 0 ` . r.
y 4.✓j(.``��(( L� \ f ] !4.+J•,.i i y .^dl��/4" [''— J 1 -• _�,r"-, 4
77
sW
z ti � 2600 ft
o �j1L e n iir} c z0
o . zf { •r o0
r Y `� A� 5
�h�.,,,.f r�it ..'°.. 1 \,.,,�.""."�.„„ �-•.
cn �` fi y w s _
Stream 1 at
L �— j mouth Elev
z �`.,,,$' -�••l J' �.n � ti'"�.,.�- r r yt`' =2523 ft t 1., � �`�� z
!`rampo
`f
�..�.` � r��---�'`_'""" l�"S��T'� �j+ � iI�
f 1 1
v It
IV
1 t t --� `- '-•
.C)- 5"A I
p
ZZ
o"0
50'30.00"W 083°50'00.00"W 083°49'30.00"W 083°49'00.00"W 083°48'30.00"W
SCALE 1:24000
0 1000 2000 3000 4000 5000 6000 700
FEET

✓ v��
zz
1.-.`i� � �_ •::� J• ,�! .,,!`���..!� ���/,''�,
w t '��1 � tiro -. �`- �:� ,,_,.;�'�--> �"ti •(�.
Cr�� *-,-�✓,,. '`^�! �"': �-' � �:-a1' � it p�`t, It
it
CD
:-
zm
Ni Lk
.tom'.'' ,�� � � �(/✓-"�• { .�- ` � ,:, �y� '� s-•
r .i"\ :� r` �1.� f. �!,.."�,� t"-,-� ��o �\• ���\ �1 �Ali ,,_
ate\ � or� Y T„
. � �����•�°r � `�� '�P, ,,,�~� 4l(l(lll,,,�tttggq `��� ����9�`�� ��" A`��,Gv �'��
�_`�""/ "��"n��,: Y �•`�....` �� Y 9.--..p:�l ill+, f � �'�!1.11' \•{liil� i\���, r��

NJ
� , '! ,� Incident Report
i
Report Number. 200801948
Incident Type: Complaint On-Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 07/14/2008 Company Name:
County: Graham Phone:
City: Pager/Mobile Phone: /
Farm#:
Responsible Party: Reported By:
Owner: First/Mid/Last Name: Lenn Miller
Permit: Company Name:
Facility: Address:
First Name:
Middle Name: City/State/Zip:
Last Name: Phone: [phone]
Address Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty.lbs. Reportable Qty.kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: Little Snowbird Rd
Address:
City/State/Zip
Report Created 07/14/08 05:29 PM Page I

Cause/Observation: Directions:
clearing without measures see attached
Action Taken: Comments:
Incident Questions:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Event Type Event Date Due Date Comment
Report Received
Referred to Regional Office-Primary Contact
Report Entered 2008-07-14 05:28:19
Incident Start 2008-07-14 04:00:00
Report Created 07/14/08 05:29 PM Page 2

Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
D rr-Bill-9ed Emailed-7=14 With 1
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Linda S Wiggs Linda S Wiggs
Phone:
Date/Time: 2008-07-14 05:28:19 PM
Referred Via:
Did DWQ request an additional written report?
If yes,What additional information is needed?
Report Created 07/14/08 05:29 PM Page 3

rshed NPDES violation complaint
object:Little Snowbird Watershed NPDES violation complaint 1 ( `
From:"Miller,Lenn H."<[e-mail]> �j l
Date:Mon,14 Jul 2008 16:07:59-0400
To:<[e-mail]
CC:<[e-mail]>,<[e-mail]>
Linda:
Thank you for taking the time to speak with me today regarding my concerns about development activity currently
underway in the upper Little Snowbird Creek watershed. Below please find a link to directions to the
development site in question. The site is located approximately 6 miles upstream of the point where the Little
Snowbird Road changes from paved to gravel,just after Melindad Rd. in the Cherokee Indian Reservation
outside of Robbinsville, NC. FYI there is no cell phone reception there.
In summary, my concerns are as follows:
1. The developer has cleared much more than 1 acre of land and has done nothing to prevent erosion
and sedimentation.
2. The developer has cut numerous access roads into the site in a Z configuration up the hill creating
unstable minimally vegetated soil wedges between the road scars.
3. Embankment cuts are 1:1 or greater and over 20 feet tall in places with no stabilization.
4. There is a considerable amount of sediment collected at the base of the hill. I doubt this is a
properly designed sediment basin.
5. There is considerable erosion taking place on the upper hill side and along the recently cut in access
roads.
6. The site is very steep and I am concerned that the extreme extent of clearing may cause landslides
in the short term and even long term. If your agency can have a geologist look at it for the potential
of landslides that would be great.
7. The Little Snowbird Road has been relocated away from the creek to develop lots closer to the
creek. Much of the vegetation has been cleared from near the edge of the creek and up the hill, in
the process leaving little or no buffer zone for the creek.
8. 1 have my suspicions that an engineer was not consulted on the project and the result will not be
good for the watershed.
9. 1 am not sure how many units are planned, but with the absence of public sewer access, I am
concerned how they plan on handling sanitary waste on site without polluting the watershed.
http://maps.live.com/default.aspx?v=2&rtp=pos.35.3269234251269 -83.8048706631149 Robbinsville%2C%20Grr
I have a few photos of the condition as of 2 weeks ago if you would like to see them. Please feel free to contact
me if you need assistance finding the site. I can also obtain the name of the property owner if needed. I would
be very interested in a follow up on this issue once your office has made a determination. Thank you.
Sincerely,
Lenn Miller
Registered Landscape Architect
116 Brilliant Lane
St. Louis, MO 63125
314.206.4313 (work)
314.416.1571 (home)
1 of 2 7/14/2008 5:02 PM

Little Snowbird Watershed NPDES violation complaint
NOTICE:This communication and any attachments("this message")may contain confidential information for
the sole use of the intended recipient(s).Any unauthorized use,disclosure,viewing,copying,alteration,
dissemination or distribution of,or reliance on this message is strictly prohibited.If you have received this
message in error,or you are not an authorized recipient,please notify the sender immediately by replying to
this message,delete this message and all copies from your e-mail system and destroy any printed copies.
2 of 2 7/14/2008 5:02 PM

ch Maps Page 1 of 2
For the best possible print results,click the printer icon on the Live Search Maps page.
Driving
riving D I
d�irections: Robbinsville, Graham, North Carolina, United States to near 9768 Little Snowbird
Rd, Robbinsville, NC 28771-5623
was HighlaR
4e,
obbinsvilW,
Knob-
4_J�'
I'M A
J 6
"N'
-.3
46
-:e- _7
Szweei
�k
J"
J:1
-�
Start: Robbinsville, Graham, North Carolina, United States
Trip: 17.8 mi, 38 min -
1 . Depart US-129 / Rodney Orr Byp 1.2 mi
2. Bear left onto SR-143 I Cherohala Skyway / Massey Branch Rd 3.4 mi
3. Turn right to stay on SR-143 / Cherohala Skyway /Snowbird Rd 2.1 mi
4. Bear left onto Snowbird Rd 2.1 mi
5. Turn left to stay on Snowbird Rd 1.0 mi
6. Turn left onto Little Snowbird Rd 4.6 mi
7. Turn left to stay on Little Snowbird Rd 3.3 mi
Arrive at near 9768 Little Snowbird Rd, Robbinsville, NC 28771-5623
8. on the right
The last intersection is Little Snowbird Rd
End: near 9768 Little Snowbird Rd, Robbinsville, NC 28771-5623
These directions are subject to the Windows Live Terms of Use and for informational purposes only. No guarantee is made
regarding their completeness or accuracy. Construction projects, traffic, or other events may cause actual conditions to differ
from these results.
http:Hmaps.live.com/default.aspx?v=2&rtp=pos.35.3269234251269--83.8048706631149-... 7/14/2008

Complaint Form Date Received/By:
° Time:
Caller Name(optional)
Phone Number(optional) L,��-7 a � / f O
,/ /
County:
Address of Complaint: `��'V �i ✓ V 5
Directions to complaint: /7
,7- �xzr�vll' G1 !/? 4�-kZ/,za
G 1121. 0�17
� E
Type of complaint: BIMS Incident#
WWTP Major
WWTP Minor
Collection System
401Issues /
Stream Complaint: /
Muddy/Discolored
Digging in stream
U •lFr!
Strange color/odor
Solid material in stream ;
Digging on stream bank
Removing vegetation
Storm Water: C
Runoff from neighbor
Runoff to stream vGy
Emergency Response:
Jt U
Train Derailment
Fire/Explosion
Motor Vehicle Accident with fuel spill/chemical spill C
Liquid / J
S
Dry Bulk/Bagged ��

JSDA United States Forest National Forests in North Carolina 160 ZILLICOA ST STE A
Department of Service Supervisor's Office ASHEVILLE NC 28801-1082
Agriculture 828-257-4200
File Code: 5430
Date: January 12, 2007
Dear Interested Members of the Public and Forest Users:
The National Forests in North Carolina is seeking comments on a proposal to exchange tracts of land between the
United States of America and the Grace Tabernacle Baptist Church(GTBC). This land exchange is being pursued
under the authority of the Weeks Act of March 1; 1911 as amended(16 U.S.C. 512),the Federal Land Policy and
Management Act of October 21, 1976(43 U.S.C. 1716)and the Federal Land Exchange Facilitation Act of 1988.
The Federal tract proposed for exchange,N-1151, is approximately 5 acres and lies on either side of US Highway
129 and is located in the Highlands Gap Area of Graham County. The Non-Federal tract,N-1150, is a parcel of
land near Barker Branch in the vicinity of the Snowbird Area of Graham County containing approximately 9 acres.
Both the Federal and Non-Federal tracts are located on the Cheoah Ranger District of the Nantahala National
Forest..A map is included showing the general location of the Federal and Non-Federal Tracts.
The Forest Service proposes to reserve a road right-of-way being a.portion of the Cateye Road(FDR#2629)
described as an existing gravel road that traverses east and west across the federal tract for the purposes of ingress,
egress and regress to other Forest Service lands located adjacent to Santeetlah Lake. Tract N-1151 is subject to
outstanding rights for Highway 129 and public utilities. The Non-Federal tract also includes rights of access by
means of a Forest Service Private Road easement issued to GTBC.
The purpose for the proposed exchange is for the Forest Service to acquire an inholding that is completely
surrounded by Forest Service land making management of National Forest lands more efficient. GTBC would
acquire land that they currently border on three sides for a desired expansion of their facilities. This proposal will
implement direction in the Nantahala and Pisgah National Forests Land and Resource Management Plan(Forest
Plan)to acquire or exchange lands within the proclamation boundaries to improve efficiency of management.
We are currently in the process of determining what the significant environmental issues and public concerns may
be regarding this proposal. You can help us in completing our analysis by providing comments. Please make your
comments as specific as possible along with supporting reasons why you believe your comments should be
considered. Please include your name and address in any correspondence. A decision to complete the exchange
will be based on overall public benefits.
Your.comments may be sent to National Forests in North Carolina; Attn: Karen Compton; 160 Zillicoa Street
Ste. A;Asheville,NC 28801-1082, or you may call Frank Findley at(828)479-6431)or Karen Compton at(828)
257-4230. Comments may be sent via email to comments-southern-north-carolina@fs fed as. We would
appreciate receiving your comments by February 12,2007. Thank you for your time and interest in management
activities on the Cheoah Ranger District.
Sincerely,
E C E
I
`MARISUE HII LIARD JAN 1 6 2007
Forest Supervisor
Enclosure WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Caring for the Land and Serving People Printed on Recrdea Paper
��

VICINITY MAP f
l l� JA N 1 6 .2007
GRACE TABERArACLE BAPTIST CHURCH LAND EXCI A7 TGE F],v sEVIL— r
Federal Tract N-1151
No Tract N-1150 -�
/ r
' Iy�� l-r♦e ROC 1127 � I �� ''`�! �J �� �`OOKOr �(1 �
°
v R9TTL LZ gpNTEE?LP eet ntla` eae G
G� N
T 1127 . uritalri Eag e5
t Cheoal
g6 �
a1H _ --� � °rver ti5- °'ff `♦� RobbinaviIle '-'Noll° °y
of I-I 143 Ce
J 3 �
u 1123
Cedar Top R ville chu cn pe „J
Mtn S
1121 prig f 4
= 11 5� .n illtown
1 SNO IRD K
C Aroah °A
1118
.,.°o reek .
I 1) V oh
1vi F
. r - -- �#
n � x
u f 75 111'� r- . -a • IIlUla
; � 3n
p
I ♦
t�
�`�I � � � S G{_ \al•:�� ighf aka � t OUNTI '
U_. o vSOr
SCALE
1/2 = 1 Mile

be County(OTHER(SEE EVENT LOCATION)) on 01/17/2007 09:46:05 AM Page 1 of 1
NC Division of Emergency Management
Emergency Report Form (Rev 2.0)
Fakenr=Tant Date Reported: 01/17/2007 Time Reported: 09:49 AM
Date Occurred: 01/17/2007 ITime Occurred: 08:00 AM
Reported by: Phillip Agency: Hazmat One Phone: [phone] ext 1
County: Buncombe City: OTHER (SEE EVENT LOCATION) EM Area: W 14
EVENT TYPE
Weather Event: HazMat Event: Diesel Fuel
Wx Event Name: HazMat Class: Other
HazMat Mode: Other
FNF Event: Non-FNF Event: SAR Event:
FNF Type:
FNF Class:
Fire Event: Complaint:
OTHER EVENT: '
Event Description: A tractor-trailer at the Yellow Transport Terminals was found leaking, approx 40 gallons leaked from a
damaged fitting on the saddle tank. The release was contained to the asphalt, however; some did reach a dirt lot. HEPACO was
hired to complete clean up.
Attachments:
Deaths: Injuries: Evac: Radius:
Responsible Party: JJRP Phone:
Point Of Contact: POC Phone:
Event Location: 90 Old Scholls Rd.
Latitude (decimal degrees ) (NC inland range is 33.840 -36.588 degrees. Values outside these parameters may be used.)
Longitude (decimal degrees) (NC inland range is 75.460 -84.322 degrees. Values outside these parameters may be used.)
USFS Bloc k-Sq uare-Point System: Block= S uare= Point=
C.T Request: No RRT Mission No. : RRT Team Number:
COUNTY AGENCIES
7yIC: SO: ]IPD: LFD: CHealth: Sewer: PWRK:
Other Local Agencies:
STATE AGENCIES
A/C: SHP/SWP: Env. Mgt: Water: DRP: CAP: DOT: DMV:
Other State or Federal Agencies:
Notes:
EM Hours: SAR Hours: Call#:
http://149.168.212.17/EM live/EMReport.NSF/b66533df2a86c4Ob852566e1007f741d/d219b27d8b38c5c... 1/18/2007

ection
p
bject: raharn County FPG I I 1 pion
From: Tim Howell <[e-mail]>
Date: Mon, 03 Apr 2006 15:39:08 -0400
To: [e-mail]
CC: [e-mail]
Mr Reid
On 3/30/06, the Graham County Ranger and myself went to the Little Snowbird area at
your request. We did find an active logging operation which was out of compliance w/
NC Forest Practice Guidelines. After inspection of this tract I do not feel that the.
above violations are severe enough to cause noticable discoloration/turbidity to
Little Snowbird Creek. The log deck is located on the side of the road and like many
logging jobs is aesthetically displeasing. I feel that this is more than likely the
reason behind the complaint. The logger and landowner have been sent their notices
of non-compliance and will have the enitre tract stabalized within the month. Thanks
for your help.
Tim Howell
D9 Service Forester, RF#1559
ps
the lat/long for this tract 35* 14' 40.86" 83* 54' 32.8811, is -120 ac's & is your
typical hardwood high grade operation.
1 of 1 4/5/2006 10:25 AM

M 6hael` -Easley;Governor
, .
1 / [ j.
if
illiaossrSecretary`North Caro]ina Departme�;tEnvir men and Natu 1'Resources
.tea
aayrs {3 ��
Al
an W.Kli'mek P.E.Director
Division of Water Quality
March 27, 2006
Mr. Greg Smith, District Forester
North Carolina Division of Forest Resources
443 Highway 116
Sylva, North Carolina 28779-8513
Subject: Logging Complaint
Graham County
Dear Mr. Smith:
Attached please find a copy of the anonymous compliant discussed by telephone
this date. Your interest and assistance with this matter are appreciated. If additional
information is needed, please contact the writer at telephone number 828-296-4651.
Sincerely,
James R. Reid
Xc with attachment:
Bill Beck, Land Quality
o e
NhCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%a Post Consumer Paper

--
070�-
-
?
------------
Aid

ILI-
3 � - 06
I jv �
f
f

AmT4
RCDENR .
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
September 9,2010
Herve Cody
PO Box 218
Robbinsville,NC 28771
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2009-SS-0012
Incident Closure
Graham County
Dear Mr. Cody:
Thank you for meeting with me the other day on your property to inspect Long Creek. The
conditions observed at the site indicate that subject Notice of Violation has been satisfactorily
resolved.
Thank you for your cooperation in this matter. If I can be of any assistance regarding water quality
issues in the future do not hesitate to contact me.
Sincerely,
Chuck Cr ord
Environmental Specialis
Surface Water Protection Section
S:\SWP\Graham\Complaints\Cody\CLO.9-9-IO.doc
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE ; One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 ,
Internet: www.ncwaterquality.org K` J ��t�r�"�
An Equal Opportunity 1 Affirmative Action Employer

Ala
NCDENR _ r =
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
June 19, 2009
Herve Cody
PO Box 218
Robbinsville, NC 28771
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Herve Cody Site
NOV-2009-SS-0012
Stream Standard Violation - Removal of Best Usage
Graham County
Response deadline: July 9, 2009
Dear Mr. Cody:
On May 19, 2009, I visited your property along Long Creek with Mr. David'McHenry of the North
Carolina Wildlife Resources Commission as we had planned. Unfortunately, you did not meet us.
The purpose of the site visit was to allow Mr. McHenry an opportunity to review the conditions
that existed following the dredging activities you conducted and determine the appropriate course
of remedial action.
Mr. McHenry and I agreed that some restoration of the stream channel must take place to establish
more stable conditions and replace habitat that has been lost.
To accomplish the required restoration, please comply with the following, as was requested in the
original Notice of Violation dated April 22, 2009:
➢ Stream Restoration Plan (dredging impacts)—Please explain how you plan to
restore the pattern, profile and dimension of the impacted stream channel. The
streambed must be restored to the original profile or other stable dimension using
natural channel design criteria, the stream banks must be stabilized and any fill
material must be removed from the riparian zone. Replanting of the riparian zone
will be required.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1VorthCarolina
Phone:: www.ncwaterquality.org
FAX:[phone] Customer Service:1-877-623-6748 �gtura���
Internet: www.ncwaterquality.org
An Equal Opportunity i Affirmative Action Employer

Herve Cody
June 19,2009
Page 2 of 2
It is suggested you contact a consultant experienced in stream restoration work to develop the
restoration plan and have them contact me to discuss what will be required. Utilizing a consultant
should help expedite closure of this incident.
Thank you for your attention to this matter. Should you have any questions, please contact me at
[phone].
Sincerely, ,
Chuck Cranford
Environmental Specialist
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight.Unit
.David McHenry (e-copy)
' D`WQ`Oentr`a1�F>'les
G:\WPDATA\DEMWQ\Graliam\Complaints\Cody\Follow-up_6-18-09.doc

Cranford, Chuck
From: McHenry, David G.
Sent: Thursday, May 28, 2009 9:33 AM
To: Cranford, Chuck
Cc: Beckwith, Loretta A SAW
Subject: Cody, Graham
Attachments: Cody site 3 repair.JPG; Cody site 1 repair.JPG; Cody site 2 repair.JPG
Chuck,
Thanks for showing me the Cody site last week. I spoke more with our stream enhancement folks and came up with this
general approach (see pictures)that Cody might pursue. This "put it back" approach isn't ideal, but unless he gets
technical assistance, it is probably better than nothing. Basically, the idea is to get the.channel width back closer to what
it should be to help avoid channel braiding and pool habitat loss. Ideally it would be nice if he could get the furniture
plant to allow work on the right bank at site 1, as this is where the biggest current stability problem is. Anyway, I think it
would be best if he get spoil and bar rework now (outside of trout moratorium) and heavily seed any exposed soil,then
come back late fall and plant some trees.
Please let me know if you have any questions or want to discuss these reccomendations.
Thanks
Dave
E mail con espondence tr.,and from this sender is subject to the N:G.Public records Law and may be disclosed to third parties
1

HERVE CODY CONTRACTOR
P.O. BOX 218
ROBBINSVILLE, N.C. 28771
PHONE [phone]
FAX [phone]
May 5,2009E CJ�
North Carolina Department of Environmental and
Natural Resources M AY - 6 2009 I -
Division of Water Quality
Surface Water Protection Section WATER QUALITY SECTION
2090 US Highway 70 ASHEVILLE REGIONAL OFFICE
Swannanoa,NC 28778
Re: Letter Dated April 22, 2009
Attention: Roger C. Edwards
I enjoyed the visit by Chuck Cranford to my farm on Long Creek Water Shed in Graham
County. I as a farmer have a much better understanding of what I can and cannot do
where a stream is involved. Whatever I have done, or caused to be done,that would be
harmful to the stream quality of life within stream was not intentional and will be
repaired as soon as it can be dealt with in accordance with regulations and the
recommendation from your office. Since the date of Chucks visit,there has been no
activity along stream.
However, I think you should understand for many years I have always assumed as a
farmer,I was allowed to take precautions such as removal of drifts, fallen trees, beaver
dams, or fix any build up caused by nature that is causing my land to flood or become
unusable. Work is done by excavator reaching from top of bank. It will take time for me
to get documents, sitemaps, and other criteria you are asking for.
I would like very much to have a copy of guidelines pertaining to streams and farming if
available.
S�i`ncerely, ('
ID
Herve Cody
cc: Chuck Cranford
John Hennessy

& 4i ! s C , Illy
�
MCDENR
North Carolina Department of Environment and Natural Resources
Division of plater Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
April 22, 2009
Herve Cody
PO Box 218
Robbinsville,NC 28771
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Herve Cody-Site
NOV-2009-SS-0012
Stream Standard Violation - Removal of Best Usage
Graham County
Response deadline: May 8, 2009
Dear Mr. Cody:
On March 13, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection on your property along Moose Branch Road in Graham
County.
Stream standards violations were noted during the inspection. Impacts related to stream dredging
activities in Long Creek (classified C /Trout waters) were documented constituting standards
violations. Approximately 700 feet of stream was impacted.
VIOLATIONS
I. Removal of Kest Usage— 15A NCAC 02B.0211 (2)— Greater than 700 feet of Long Creek
(classified C /Trout waters) was impacted by dredging within the stream channel
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2)
REQUIRED RESPONSE
This office requests that you respond in writing by May 8, 2009. Your response should be sent to
both the attention of Chuck Cranford, Division of Water Quality, 2090 US IIWY 70, Swannanoa,
NC 28778 and Mr. John Hermessy at the Wetlands and Stormwater Branch,NPS Assistance and
Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response
should address the following items:
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE �sTOne 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCa.rolin`l
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 fa'�� ����q,
Internet: www.ncwaterquality.org ��/ ✓y
An Equal Opportunity%Affirmative Action Employer

Herve Cody
April 22,2009
Page 2 of 2
1. Removal of Best Usage— 15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred.
b. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
c. Please submit the following documents for review and approval:
© Stream Restoration Plan (dredging impacts)—Please explain how you plan to
restore the pattern, profile and dimension of the impacted stream channel. The
streambed must be restored to the original profile or other stable dimension
using natural channel design criteria, the stream banks must be stabilized and
any fill material must be removed from the riparian zone. Replanting of the
riparian zone will be required.
® It is required that you contact the Division of Land Resources and the U.S.
Army Cops of Engineers. These contacts are necessary to ensure that your
restoration efforts are in compliance with the Sedimentation Pollution Control
Act, Trout Buffer regulations and Section 404 of the Clean Water Act.
Thank you for your attention to this matter. This office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
Gop
DWQ Central Files
G:\WPDATA\DEMWQ\Graliam\Complaints\Cody\NOV-2009-SS-0012 4-22-09.doc

i
JR0
Incident Report
r c Report Number: 200900384
U
Incident Type: Complaint On-Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 2/.1'2/2009 Company Name:
County: Graham Phone:
City: Pager/Mobile Phone: /
Farm#:
Responsible Party:
Reported By:
Owner: First/Mid/Last Name: Mayor Bobby Cagle
Permit: Company Name:
Facility: Address: Town Hall
First Name:
Middle Name: City/State/Zip: Robbinsville NC 28771
Last Name: Phone: [phone]
Address Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty.lbs. Reportable Qty.kgs.
DD:MM:SS Decimal position Method:
Latitude:
Position Accuracy:
Longitude: Position Datum:
Location of Incident. L+ong Creek
Address: Behind Stanley Furniture Off Atoah St
City/State/Zip Robbinsville NC 28771
Report Created 02/12/09 05:30 PM Page 1

Cause/Observation: Directions:
Mayor Cagle called in to say that Herve Cody was in Long Creek In Robbinsville behind Stanley Furniture off Atoah Street.
with a large trackhoe digging out the stream. He stated that
Cody is piling up dirt and that"it looks like a bomb hit the creek."
Action Taken: Comments:
Mayor Cagle stated that it was Herve Cody of Cody Construction
(828479-6040)who was digging up Long Creek.
Q117 l
Incident Questions:
Did the Material reach the Surface Water? Yes Conveyance:
Surface Water Name? Long Creek
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Event Type Event Date Due Date Comment
Incident closed
Requested Additional Information
Referred to Regional Office-Primary Contact
Report Entered 2009-02-12 05:17:08
Report Created 02/12/09 05:30 PM Page 2

Received 2009-02-12 04:43:00
ncident Start. 2009-02-12 03:37:00
Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ.Information:
Report Taken By: Report Entered By: Regional Contact:
Janet Cantwell Janet Cantwell
Phone:
Date/Time: 2009-02-12 04:43:00 PM 2009-02-12 05:17:08 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes,What additional information is needed?
Report Created 02/12/09 05:30 PM Page 3

Ville,N Carolina-Google Maps http://maps.google.com/maps?f=d&source=s_d&saddr=Asheville,...
Directions to Robbinsville, N Carolina
98.8 mi—about 1 hour 49 mins
Save trees.Go green!
I Download Google Maps on your
\phone at google com/gmm
. ............ .._:.... _..._.._...... .... .:
Asheville, N Carolina
1. Head west on Choctaw St toward McDowell StIUS-25 go 46 ft
total 46 ft
25 2. Turn left at McDowell St1US-25 go 1.4 mi
Continue to follow US-25 total 1.4 mi
About 3 mins
25 3. Turn right at Hendersonville Rd/US-25 go 0.3 mi
About 1 min total 1.7 mi
4. Slight right to merge onto 1-40 W go 22.4 mi
About 23 mins total 24.1 mi
74 5. Take exit 27 to merge onto US-74 W toward Waynesville/Clyde/ go 63.1 mi
Atlanta/US-23/Maggie Valley/Franklin/Murphy/US-19 total 87.2 mi
About 1 hour 8 mins
129 6. Turn right at US-129 go 11.5 mi
About 13 mins total 98.8 mi
Robbinsville, N Carolina
These directions are for planning purposes only. You may find that construction projects, traffic, weather, or
other events may cause conditions to differ from the map results, and you should plan your route accordingly.
You must obey all signs or notices regarding your route.
Map data ©2009 , Maponics, Tele Atlas
1 of 1 3/13/2009 8:07 AM

Google Maps http://maps.google.com/maps?f--q&source=s_q&hl=en&geocode=&q...
stanley furniture near Robbinsville, Get Google Maps an your phone
08, ,C N Carolina Text the word"GMAPS"to 466453
Maps ,
A. Stanley Furniture Co B. Stanley Steemer Carpet Cleaners
68 Snowbird Rd, Robbinsville, NC - 627 American Glass Way#A, Knoxville, TN-
[phone] [phone]
1 review
_ . _._ __P _ -
t
i s�'°-f Ski 110� 943 �t • 1
7117 a ,aran 13d bit aye gridV
Robbinsville
1275
pr
ip
f �W�3 ��� fit ,~� "'•�� 14 t
N ,
1127 (O
i
E[ � ✓' �fy't f � '�i I i
2009 Google tilltan ,_ Map date Q2009 Mapon,ics,Tele Rtias
1 of 1 3/13/2009 8:10 AM

TY F.
E CC L
NCDENR
North Carolina Department of Environment and N4t6ral'ResourcOs
-Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
April 2, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9226
Herve Cody
PO Box 218
Robbinsville, NC 28771
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Herve Cody Site
NOV-2009-SS-0012
Stream Standard Violation - Removal of Best Usage
Graham County
Response deadline: April 17, 2009 or 15 days from receipt
Dear Mr. Cody:
On March 13, 2009, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection on your property along Moose Branch Road in Graham
County.
Stream standards violations were noted during the inspection. Impacts related to stream dredging
activities in Long Creek (classified C /Trout waters) were documented constituting standards
violations. Approximately 700 feet of stream was impacted.
VIOLATIONS
I. Removal of Best Usage— 15A NCAC 02B.0211 (2)—Greater than 700 feet of Long Creek
(classified C /Trout waters) was impacted by dredging within the stream channel
representing Water Quality Stream Standard violation of 15A NCAC 02B ..0211 (2)
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Chuck Cranford, Division of Water Quality, 2090
US HWY 70, Swannanoa,NC 28778 and Mr. John Hennessy at the Wetla'nds and Stormwater
Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617. Your response should address the following items:
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NoAhCarolina
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748
Internet: wvvw.nGwaterquality.org ;Vatmrally
An Equal Opportunity 1 Affirmative Action Employer

Herve Cody w
April 2,2009
Page 2 of 2 °
�F
I. Removal of Best Usage— 15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred.
b. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
c. Please submit the following documents for review and approval:
® Stream Restoration Plan (dredging impacts)-Please explain how you plan to
restore the pattern, profile and dimension of the impacted stream channel. The
streambed must be restored to the original profile or other stable dimension
using natural channel design criteria, the stream banks must be stabilized and
any fill material must be removed from the riparian zone. Replanting of the
riparian zone will be required.
® It is required that you contact the Division of Land Resources and the U.S.
Army Corps of Engineers. These contacts are necessary to ensure that your
restoration efforts are in compliance with the Sedimentation Pollution Control
Act, Trout Buffer regulations and Section 404 of the Clean Water Act.
Thank you for your attention to this matter. This office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
AIN iEile CopRy
DWQ Central Files
Division of Land Resources
G:\W PDATA\DEM W Q\Graham\Complaints\Cody\NO V-2009-SS-0012_4-1-09.doc

COMPLETE •MPLETE THIS SECTION ON DELIVERY
■ Completd items 4';!2,a Is��omplete ,� A. signs re
esired ,
item 4 if RWricfed' ive . �,0 ❑Agent
■ Print your'-name,hd kddree s on the rev XsG X t` ❑Addresse(
so that we can'r9!grh the'oard toy eive:d'by(Printed Name) C. Date of Deliver)
to■ Attach this card e:back of thehpiece, ffi,,4..�,
T 0� '�o�a Ideliveryradess'different from i m 1? ❑Yes
North Caroling departrrien of Environmental RA del
Division of Water Resource q��e���\e ;YES,eneliVery address below:; ❑ No
Water Quality Regional Operat�s seotior yc`
209�fS. Highway70 i JU�i —`C 9rj�
Swarmanoa,North Carolina 287 8 y,_
J8 `UVard Properties, LLC ;a iceType � ?r '
Atfn` Thomas Ward,Managing Partner
9 9 ' fir, - Certified Mail 9 Priority Mail Express'"
Post Of�ce Box 457 '`IrRegistered. U,EWReturn Receipt for Merchandise
Robbinsville,NC 28771 1 Insured Mail Collect on Delivery
IIIII'�I'IiI�I�illli�iliil11IIIIII�II�IiI�iI�IIIi�IIiI�III�i��1113stricted Delivery?(Extra Fee) ❑Yes
PS Form,3811:July 2013 DomestiaReturn Receipt i�

UNITED STATES PO4J�LSffkft!'"'`;-�-F- First-Class Mail
Postage
ost ge&Fees Paid
USPS
Permit No.G-1 0
• Sender: Please print your name, address, and ZIP+40 in this boxe
MIR TIMOTHY HEIM NCDEQ-DW-WOROS
2010 U.S. GHWA 70
SWANNANOANC28770
I iij Phhilld mi_pi ii i ihim"'In

r-.ENDER- COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
I. Article Addressed to: If YES,enter delivery address below: ❑ No
I
1 '
I
HERVE CODY
POST OFFICE BOX 218 �Le
T���
ROBBINSVILLE NC 28771 ified Mail Express Mail I
—- --
-- --- istered Return Receipt for Merchandise
❑ Insured Mail .O.D. I
4. Restricted Delivery?(Extra Fee) ❑Yes
7007 1490 0004 0713 9226 AgV,,Zvb 0 - SS _Obl
,s Fprrp13$1;1,IFebrparry 20Q4 r r r Domestic Return Receipt 102sas.n2-MA1rdn

r
i
UNITED STATES POSTAL SERVICE First-Class Mail
Postag
USPSe&Fees Paid
Permit No.G-10
I
• Sender: Please print your name, address, and ZIP+4 in this box •
I
I
I
CHUCK CRANFORD
NCDENR-DWq-SWP
2090 U.S.HIGHWAY 70
SWANNANOA NC 28778
I
I
I
I
I
I
I
I

NCDENR ->.:.
'�? Ittttl
DWQ-SURFACE WATER PROTECTION SECTI
2090 U.S. HIGHWAY 70
SWANNANOA NCWES
. 28778 � � 0� , ��v PITN®® �®
PLACE STICKER AT TOP OF ENVELOPE D _� 02 1P
t� � 0003076691 APR 02 2009
CERTIFIED MAIL.
-1.11".11 h
HERVE u
_ 7007 1490 0004 0713 9226 POST OFFFIIDCE BOX 218
ROBBINSVILLE NC 28771
CERTIFIED [ Alt �y . u"NrcLAZM�:o
tJMd1E2L T%7 FOF?tJl^�Fa�
RETURN REGEIPT-p�-ESTED
2877900213
'° ir.

.�
j
� i K��f f
�V ��'�� N' ��'�
�,��;
��
� _
�0.�'
� r
�� /
\\ l y
_'+�}£ � /
k �
..J "�.,
� {
- ��y�qq .� .1
�. /
p ��
�` /\ p
�� �
K�4 � „�
,�� r4.t
N ��r
i
� t
{r � _ - ... _ ... �_,..... _ ,. ...
.. _.
.:Jy-..
��
�.
`\
��

State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office 4
ML
Michael F.Easley,Governor NCDENR
William G.Ross,Jr., Secretary
Alan W.Klimek,P.E.,Director NORTH CAROLINA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
February 14, 2003
Mr. and Mrs. Dale Laughter
Post Office Box 382
Robbinsville, North Carolina 28771
Subject: Complaint Investigation
Water in basement of mother's home
Graham County
Dear Mr. and Mrs. Laughter:
The purpose of this letter is to inform'you of the results of my investigation into the
problems you have been experiencing with water in your mother's basement. On January 14,
2003 Mr. Kevin Barnett and I met with you, your sister, Mr. Bobby Cagle, Mayor of Robbinsville,
and members of the Town maintenance crew. We proceeded to dye test the sewer lines around
your mother's home in hopes of determining whether sewerage was surfacing in her back yard. I
also took a fecal coliform bacteria sample of the water in the backyard and had it analyzed in the
Division's Laboratory here in Asheville. The results of the dye testing came back negative, no
colored water surface in the backyard. The fecal coliform testing came back negative also. If
fecal coliform bacteria had been present we would have suspected a sewer leak. Therefore, I
must conclude that the water surfacing and giving you and your family such problem is
groundwater. Since we have determined the problem to be groundwater I foresee no problem
with you discharging any water you may pump to Long Creek, assuming Stanley Furniture
Company allows you to pipe across their property.
If you should have any questions regarding this information, please contact me at (828)
251-6208.
Sincerely,
eLar/Frost
Environmental Chemist
xc: Bobby Cagle, Mayor
Asheville Regional Office,59 Woodfin Place,Asheville,North Carolina 28801 Phone: [phone] Fax: [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled\110%Post Consumer Paper

DIVISION OF WATER QUALITY Asheville Regional Office Lab Report/Water Quality Lab Number. 03006
H] SAMPLE TYPE Date Received / O
COUNTY Graham PRIORITY Time Received YI
RIVER BASIN: Little Tennessee XD AMBIENT QA STREAM EFFLUENT Received By
REPORT TO : ARO-Larry Frost COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT
Other EMERGENCY ESTUARY Data Released:
COLLECTOR(S) Larry Frost' VisitlD: Date Reported : J :2 Lo
Estimated SOD Range: Station Location: Laughter Complaint
Seed: Chlorinated: Remarks: Not Chlorinated
Station# Date Begin(yy/mm/dd) Date End(yy/mm/dd) Time Begin Time End Depth-DM,DB,DBM Value Type-A,H,L Composite-T,S,S Sample Type
03/01/14 1130
GRAB
BOD 310 mg/L Chloride 940 mg/L NH3 as N 610 mg(L Li-Lithium 1132 ug/L
COD High 340 mg/L Chi a:Tri 32217 pg/L TKN an N 625 mg/L Mg-Magnesium 927 mg/L
COD Low 335 mg/L Chi a:Corr 32209 pg/L NO2 plus NO3 as N 630 mg/L Mn-Manganese 1055 pg/L
XX Coliform:MF Fecal 31616 #1100 mis Pheophytin a 32213 pg/L P:Total as P 665 mg/L Na-Sodium 929 mg/L
Coliform:MF Total 31504 #/100 mis Color:True 80 C.U. PO4 as P 70607 mg/L Arsenic:Total 1002 pg/L
Coliform:Tube Fecal 31615 #/100 mis I Color.(pH) 83 pH= C.U. P:Dissolved as P 666 mg/L Se-Selenium 1147 pg/L
Coliform:Fecal Strep 31673 #/100 mis Color.pH 7.6 82 C.U. K-Potassium mg/L Hg-Mercury 71900 pg/L
Residue:Total 500 mg/L Cyanide 720 mg/L Cd-Cadmium 1027 pg/L Ba_Barium pg/L
Volatile 505 mg/L Fluoride 951 mg/L Cr-Chromium:Total 1034 pg/L Organochlorine Pesticides
Fixed 510 mg/L Formaldehyde 71B80. mg/L Cu-Copper 1042
pg/L Organophosphorus Pesticides
Residue:Suspended 530 mg/L Grease and Oils 556 mg/L NI-Nickel 1067 pg/L
Volatile 535 mg/L Hardness Total 900 mg/L Pb-Lead 1051 pg/L Acid Herbicides
Fixed 540 mg/L Speck Cond.95 pmhos/cm2 Zn-Zinc 1092 pg/L
pH 403 units MBAS 38260 mglL V-Vanadium pg1L Base/NeutralBAcid Extractable Organics
Acidity to pH 4.5 436 mg/L Phenols 32730 pg/L Ag-Silver 1077 pg/L TPH Diesel Range
Acidity to pH 8.3 435 mg/L Sulfate 945 mg/L Al-Aluminum 1105 pg/L
Alkalinity to pH 8.3 415 mg/L Sulfide 745 mg/L Be-Beryllium 1012 pg/L Purgeable Organics(VOA bottle req'd)
Alkalinity to pH 4.5 410 mg/L Baron:Total 1022 µg/L Ca-Calcium 916 mg/L TPH Gasoline Range
TOC 680 mg/L Tannin&Lignin 32240 pg/L Co-Cobalt 1037
pg/L TPH/BTEX Gasoline Range
Turbidity 82079 NTU Hexavalent Chromium 1032 pg/L Fe-Iron 1045 pg/L Phytoplankton
Coliform Total Tube 31508 *100 mis
COMMENTS: LAB USE ONLY
Temperature
on arrival(°C):
Sample Point%(2) Conductance(94) Water Temp-C(10) D.O. (300) pH(400) 8.3 Alkalinity(82244) 4.5 Alkalinity(431) 4.5 Acidity(82243) 8.3 Acidity(82242) Air Temp-C(20)
Secchi depth m Salinity ppt (480) Precipit-In/day(45) Cloud Cover% (32) Wind Oir-Deg(36) Strm Flow Sev(1351) Turbidity Severity(1350) Wind Velocity-mph(35) Mean Sinn Depth-ft(64) Sinn Width-ft(4)

LAKE SANTEETLAH, INC.
Post Office Box 36
Robbinsville, North Carolina 28771
828-479-6441
r� rjqN
January 7, 2003 ! 2003, ��
Mr. Larry Frost = 4 (}J
NC Department of Natural Resources, Water Quality Section
59 Woodfin Place
Asheville,NC 28801
Dear Mr. Frost:
We are planning a development of resort homes on Lake Santeetlah. In the process of
requesting permission from Alcoa for the construction of a retaining wall for erosion
control, and a private marina, we were told that we would need to have our erosion
control plan approved by the Corp of Engineers, and that we are required to contact your
office and others for comments on this project.
We submitted our erosion control plans to the Corp in late December. After all
comments have been received, it is my understanding that Alcoa will send an application
to FERC for review and approval.
Enclosed, you will find a copy of our preliminary site plan as well as a map of the lake
indicating the location of the property on Ground Squirrel Branch. The development will
be called "The Landings". We have 15 (+-) acres with approximately 2000' of shoreline.
This will be a condominium project with free standing two and three bedroom dwellings.
No individual property owner will have title to lakefront property. All of the shoreline
will become a conservation easement owned by The Landings Condominium Association
with all property owners having access to Lake Santeetlah via a private marina.
To my knowledge, this 15 acre tract is the last privately owned, undeveloped property,
fronting on Lake Santeetlah. I believe that all of the remaining shoreline is either owned
by the USFS or Alcoa.
If your office has interest in this development, we will appreciate your comments.
Should you have questions, please give me a call at 800-343-7635. If we have not heard
from you by the first of February, we will assume that your office has no particular
Interest.
R espect lly,
Oobert . oseley, res.

4
I
�J� �\ I � � I�I ,,l •�� I I
I �
fit
I I J u�' 1� `` •
o a
1 I
i
PRELIMINARY Y THE LANDINGS I� MY313V �11
MASTER PLAN ocisargs ;C°�� 'I "
p 0 LAKE SANTEETLAH I -e e&cn w .rti wv rc ..:. Zvi -
"� L ,I W7OZ1 I MAKtl517 r —•,: {I I GJ"M WON a'luaa Zml VOt"CDUNW RW i
�Jbd S�1bI'JUS�G NLC�.�n �scearez,e E L L i CC-
L1vi�"