Bu. Co. Dams

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North Carolina Department of Environment and N� t ral iesopM s2 3 2011_ x
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Division of Land Resources;,; LA-IVILLE
WATER QUALITY SECTION k
Land Quality Section PC: ,oNaL OFFICE
James D. Simons, PG, PE Bev�'il E e�Per ue o r
Y:-. !!,
Director and State Geologist =>,;,s. Dee Freeman Secretary..
February 23, 2011
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7009 1680 0000 7515 1116
RETURN RECEIPT REQUESTED
Robert Blank
209 Monticello Road
Weaverville, NC 28787
RE: Roddy Dam, State ID No. BUNCO-078
Hazard Potential: High; Buncombe County
Dear Mr. Blank:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of
public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to
persons,.damage to downstream property, and to ensure the maintenance of stream flows.
A Notice of Deficiency was issued on February 24, 2009, February 7, 2008, February 6, 2007, and
February 3, 2010. Some of the issues presented in these Notices of Deficiency have not been
resolved. A visual inspection of the referenced dam was conducted on February 14, 2011, by staff of
the Land Quality Section Asheville Regional Office. During this inspection, the following conditions
were noted:
• The riser pipe outlet is not visible. The riser and barrel should be investigated and corrected to
allow water flow in the principle spillway.
• There is a wet area on the middle portion of the backslope of the dam. This wet area should be
monitored and if there are any changes, this should be reported to this office.
• There are small trees and shrubs obstructing the potential for flow in the spillway. This vegetation
should be removed and the spillway kept clear.
• High vegetation is growing on the upstream slope of the dam again. This vegetation must be
cleared and periodically maintained to allow for a thorough inspection of the dam.
2090 US Highway,70, Swannanoa, North Carolina,, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.nc.us One
IoTorthCarolina
An Equal Opportunity/Affirmative Action Employer Nafiat/qlly

Notice of Deficiency
BUNCO-078
February 23, 2011
Page 2 of 2
These conditions appear serious and justify further engineering study to determine appropriate remedial
measures. In the event of a dam failure, human life and significant property would be endangered
because of the downstream location of the road and a mobile home.
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions outlined in
this letter. Plans and specifications for repair based on the results of the study must be filed with the
Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A,
Subchapter 2K- Dam Safety(15A NCAC 2K). Four copies of the repair and maintenance plans for this
dam were received on April 29, 2009, but it appears no actions have been taken.
As a dam owner, you may incur liability should your dam have a problem or fail, if such results in loss of
life or property damage downstream. It is requested that an Emergency Action Plan (EAP) be prepared
for your dam. The EAP may be invaluable in guiding you through a crisis situation should you have an .
emergency that could affect the stability of your dam, such as heavy rain, slope failures, or other natural
hazards.
North Carolina has recently completed and adopted an EAP template for owners of high hazard dams.
The template and associated guidance can be obtained by visiting the Dam Safety Programs website
(http://dIr.enr.state.nc.us/pages/damsafetVprogram.htm1) or by calling Dam Safety Program staff at
[phone].
Please contact us at [phone] to advise us of your intended action in this matter. If we do not
receive notification on Ior before March 15, 2011, we shall present the case information for appropriate
enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of
violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or
injunctive relief to gain compliance.
Sincerely,
Janet S. Boyer, PE
Acting Regional Engineer
cc: Steve McEvoy, PE, State Dam Safety Engineer
Roger Edwards;_Surface:lNafer Rcotection`Regional,Supervisorl
Mr. Thomas Miller, Jr., 207 Monticello Rd, Weaverville, NC 28787
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NC®EN�
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor.
Director and State Geologist ary-
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NOTICE OF INSPECTION'
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February 25, 2011 ;
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Jerry M. Porter '
311 Aiken Road —Apt. F
Asheville, NC 28804 y
RE: Porter Dam, State ID No. BUNCO-094 �, ;,+�� w�. :t . m :�
Hazard Potential: High; Buncombe County
Dear Mr. Porter:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the public interest.
Our records indicate you are the owner of the referenced dam, which was inspected by personnel of this
office on January 25, 2011. The inspection revealed no problems that require your immediate attention.
The potential for property damage and loss of life downstream in the event that your dam fails was also
investigated.
Please be advised that though we make every reasonable effort to determine the safety of your dam, our
resources limit us to surficial inspection. There is no certainty regarding the internal stability of the dam.
Dams, and especially their spillways and conduits, deteriorate with age. Therefore, you are advised to
keep a close watch on your dam and to notify this office if you detect any changes, especially cracks,
ground movements, or changes in seepage rate or color.
The inspection revealed the following conditions, which must be addressed and/or monitored:
1. The dam has been enlarged without an approved plan.
2. The fill on the back slope of the dam contains woody and other debris. The debris in this area has
resulted in many large holes, sloughing of large areas, and wetness throughout the slope.
3. There are cracks that run parallel to the crest of the dam near the right abutment.
4. There is wetness at the right abutment.
5. There is high vegetation on the back slope and this vegetation should be maintained.
6. There are bare areas on the back slope that need vegetation.
7. The abutment contacts have high bushes and trees that should be removed.
8. Woody and other debris is exposed and has resulted in holes, potentially causing instability of the
right abutment.
9. The principal spillway needs to be engineered to assure proper sizing, location and pipe materials.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone] One
www.enr.state.nc.us NO hC�aMr�xolina
An Equal Opportunity/Affirmative Action Employer ,/ �g t /`.a lfil

Notice of Inspection
BUNCO-094
February 25, 2011
Page 2 of 2
10. The principal spillway outfall is located approximately 2 feet below the crest of the dam. Flow from
the outfall is directed onto a large rock and then proceeds down slope. This situation is causing
erosion of the back slope.
11. The emergency spillway is a curved swale that runs along the toe of the dam. This spillway should
-be"assessed for potential risk to the dam under release flows. The emergency spillway swale runs
along the entire toe of the dam and could potentially erode the toe of the dam. The principal spillway
intersects the emergency spillway swale near the left abutment. There is constant flow from that
point on,along the toe of the dam.
12. The top of the dam should be stabilized with vegetation and road surface evened out to prevent
standing water. ,
"During this inspection we also investigated the potential for property damage and loss of life in the event
that the subject dam fails. This investigation determined that failure of the dam could result in damage to
downstream location of-roads and homes. I Therefore, we continue to list this dam in the "High Hazard
Potential" category. Please be advised that hazard classifications are subject to revision due to changes
in downstream conditions-and/or plant operating procedures.
Although the inspections by our staff are relatively infrequent and offer no absolute safety guarantees,we
hope that you will use the information provided in this letter as you fulfill your obligation to safely maintain
and operate your dam. In order to keep records up-to-date and serve you better, please notify this office
concerning any changes in address or ownership. Your cooperation is appreciated.
As a dam owner, you may incur liability should your dam have a problem or fail, if such results in loss of
life or property damage downstream. It is requested that an Emergency Action Plan (EAP)be prepared for
your dam. The EAP may be invaluable in guiding you through a crisis situation should you have an
emergency that could affect the stability of your dam, such as heavy rain, slope failures, or other natural
hazards.
North Carolina has recently completed and adopted an EAP template for owners of high hazard dams.
The template and associated guidance can be obtained by visiting the Dam Safety Programs website
(http://dIr.enr.state.nc.us/pages/damsafetyprogram.htm1) or by calling Dam Safety Program staff at(919)
733-4574.
If you have an emergency situation during non-office hours, you should notify the Division of
Emergency Management's State Warning Point at 1-800-858-0368. They will notify the appropriate
personnel in this office of the situation.
Should you have any questions concerning this inspection, please contact me at [phone].
Sincerely,
riet S. Boyer, PE
cting Regional Engineer
cc: Steve McEvoy, PE, State Dam Safety Engineer
`Roger-Edwards,_Surface-Water Pr_ote.ction_Regional_S-uperviso
Mercer Design Group, PC ATTN: Marvin Mercer, PE

ATA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist _ Dee_Freeman, Secretary
March 7, 2011
NOTICE OF DEFICIENCY
0 0 V
L1 MAR - 9 2011 0
CERTIFIED MAIL-7009 .1680 0000.7515 0652 WATER QUALITY SECTION
RETURN RECEIPT REQUESTED L As'I VILLE REGiOJ-JAL OFFICE
Jerry M. Porter ............
:..:
311 Aiken Road —Apt. F
Asheville, NC 28804
RE: - Porter Dam, State ID No. BUNCO-094
Hazard Potential: High; Buncombe County
Dear Mr. Porter:
This letter has been issued to replace the Notice of Inspection letter dated February 25, 2011.
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest
of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows.
A visual inspection of the referenced dam was conducted on January 25, 2011 by staff of the
Land Quality Section Asheville Regional Office. The inspection revealed the following conditions,
which must be addressed:
1. The dam has been enlarged without an approved plan.
2. The fill on the back slope of the dam contains woody and other debris. The debris in this
area has resulted in many large holes, sloughing of large areas, and wetness throughout the
slope.
3. There are cracks that run parallel to the crest of the dam near the right abutment.
4. There is wetness at the right abutment.
5. There is high vegetation on the back slope and this vegetation should be maintained.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.nc.us One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer A fl/yr 11 y

Notice of Deficiency
BU NCO-094
March 7, 2011
Page 2 of 2
6. There are bare areas on the back slope that need vegetation.
7. The abutment contacts have high bushes and trees that should be removed.
8. Woody and other debris is exposed and has resulted in holes, potentially causing instability
of the right abutment.
9. The principal spillway needs to be engineered to assure proper sizing, location and pipe
materials.
10. The principal spillway outfall is located approximately 2 feet below the crest of the dam.
Flow from the outfall is directed onto a large rock and then proceeds down slope. This
situation is causing erosion of the back slope.
11. The emergency spillway is a curved swale that runs along the toe of the dam. This spillway
should be assessed for potential risk to the dam under release flows. The emergency
spillway swale runs along the entire toe of the dam and could potentially erode the toe of the
dam. The principal spillway intersects the emergency spillway swale near the left abutment.
There is constant flow from that point on along the toe of the dam.
.12. The top of the dam should be stabilized with vegetation and road surface evened out to
prevent standing water.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures. In the event of a dam failure, human life and significant property would be
endangered because of the downstream location of roads and homes.
As a dam owner, you may incur liability should your dam have a problem or fail, if such results
in loss of life or property damage downstream. It is requested that an Emergency Action Plan
(EAP) be prepared for your dam. The EAP may be invaluable in guiding you through a crisis
situation should you have an emergency that could affect the stability of your dam, such as
heavy rain, slope failures, or other natural hazards.
North Carolina has recently completed and adopted an EAP template for owners of high
hazard dams. The template and associated guidance can be obtained by visiting the Dam
Safety Programs website (http://dIr.enr.state.nc.us/pages/damsafetyprogram.htm1) or by
calling Dam Safety Program staff at [phone].
Sincerely,
E
��dt . Boyer, PE
__ __._—Acting Regional Engineer
cc: Steve McEvoy, PE, State Dam Safety Engineer
Roger Edwards, Surface Water Protection Regional Supervisor,
Porter Darr,,1,201 1 Nt...i[)_dfi,c

NC®ENR F JUN — 9 2011
North Carolina Department of Environment and Natural' sources r
Division of Land Resources WATER QUALITY SECTION
Land Quality Section - t ASHEVILLE REGIONAL OFFicE
James D. Simons, PG, PE _ BeVerVt= aye-Per dueiZ overn
Director and State Geologist _ t :.DeebErern„ cretary F ,.,,.,, ,..
June 9, 2011
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7009 1680 0000 7515 6616
CERTIFIED MAIL-7009 1680 0000 7515 6623
CERTIFIED MAIL-7009 1680 0000 7515 6630
CERTIFIED MAIL-7009 1680 0000 7515 6647
RETURN RECEIPT REQUESTED
Charles Holmes Michael W Busby Jr
863 Shumont Road 4980 Beckman Rd
Black Mountain, North Carolina 28711 West Columbia, SC 29170
Judy B Fuller Henry Thomason Jr
4980 Beckman Rd 1019 Dornoch Rd
West Columbia, SC 29170 Gastonia, North Carolina 28054
RE: Lake Charles Dam, State ID No. BUNCO-035
Hazard Potential: High; Buncombe County
Dear Sirs and Madam: t
The Dam Safety Law of 1967 provides for the certification acid inspection of dams in the interest
of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows.
A Notice of Deficiency pertaining to this dam was sent to you on January 22, 2010. A letter
pertaining to the dam remediation plans was received from Marks Enterprises of NC, PLLC on
February 18, 2010. A letter of review on the preliminary report was sent to the Lake Charles
Homeowners Association on April 16, 2010. To date, there has been no response to issues
raised in this letter.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone] One
www.enr.state.nc.us NorthCarofina
An Equal Opportunity/Affirmative Action Employer NW,6nally

A visual inspection of the referenced dam was conducted on May 24, 2011 , by staff of the Land
Quality Section Asheville Regional Office. During this inspection, the following conditions were
noted.
• The dam has been modified without plans approved by the Division of Land Resources, in
violation of General Stature (GS) 143-215.27. In addition, it is unknown to the Division
whether a legally qualified engineer designed the modifications and supervised construction
as required in GS 143-215.29. A pipe has been installed in the fill of the dam that will
discharge water such that it will flow down the downstream slope of the dam. This will cause
erosion and could cause the dam to fail. Also, the pipe is corrugated plastic, a material that
is not approved for use in high hazard potential dams. It is unknown whether the compaction
around the pipe is adequate.
• The dam appears to have a low spot on the crest at the midpoint of the crest. The area had
hay bales on the upstream slope and erosion was evident on the downstream slope.
Overtopping and erosion of the dam could cause structural damage to the embankment.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures. In the event of a dam failure, human life and significant property would be
endangered because of the downstream location of residential dwellings.
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions
outlined in this letter. Plans and specifications for repair based on the results of the study must be
filed with the Division of Land Resources for approval pursuant to the North Carolina
Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of this
study and plan shall be submitted to this office by July 7, 2011.
In addition to the above, the following remedial actions, not requiring design or approval, should
be completed- -
• Trees and bushes are growing on the dam. This type of growth can cause problems and
even failure of the dam by creating holes when trees are uprooted due to wind or ice; by
leaving possible seepage holes when trees die and their roots decay; and by causing erosion
of the dam around this growth if the dam should overtop. Therefore, we recommend that this
type of growth be removed and a good stand of grass cover be established on the dam. Any
growth less than six inches in diameter must be cut and removed. Any growth over six
inches in diameter must also have the root system excavated and the excavated area be
refilled and compacted with a suitable soil material under the supervision of an engineer.
• There was seepage noted on the downstream slope of the dam. Excessive seepage can
cause failure of the dam due to internal erosion and/or embankment sliding. You should
inspect the seepage periodically and notify this office if it increases.
As a dam owner, you may incur liability should your dam have a problem or fail, if such results in
loss of life or property damage downstream. It is requested that you update the EAP currently on
file dated April 9, 2010. Please update all downstream hazards and verify all contact information.

,wren y
North Carolina has recently completed and adopted an EAP template for owners of high hazard
dams.
The template and associated guidance can be obtained by visiting the Dam Safety Programs
website (http://dIr.enr.state.nc.us/pages/damsafetyprogram.htm1) or by calling Dam Safety
Program staff at [phone]. All updated EAPs shall be in this required format. Two copies
of the EAP should be submitted to the Division of Land Resources, Attn: Dam Safety Program,
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do
not receive notification on or before July 7, 2011, we shall present the case information for
appropriate enforcement action. Enforcement action could include a civil penalty of up to$500.00
per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this
dam, and/or injunctive relief to gain compliance.
Sincerely,
Janet S. Boyer, PE
Acting Regional Engineer
Wcc Steve McEvoy, PE, State Dam Safety Engineer
Roger-E:dwails.,�Surfa:c'eWafer-Protecfiion SRegiona_I:Supervisor

A7LA__
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
September 22, 2010
Lakeview Park Commission
Attn: Mr. Gerald E. Towson, PE
48 Stratford Road
Asheville,North Carolina 28804
RE: Beaver Lake Dam
Buncombe County
State Dam ID: BUNCO-005
Dear Mr. Towson:
This is to acknowledge receipt of your"as-built" submittal and application for impoundment dated
September 16, 2010 for the subject dam. The submittal was received in our office on September 20,
2010.
Applications requiring an Approval to Impound require a comprehensive field inspection by our Regional
Office personnel. Upon completion of the requisite field inspection and finding by our field personnel
that the dam has been constructed in conformance with the approved plan and as reported in the as-built
submittal, our office will issue an Approval to Impound. If significant discrepancies are found to exist,
revisions may be required before Approval to Impound can be issued. We endeavor to respond to
applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70,
Swannanoa,North Carolina 28778, telephone number(828)296-4500, or me at telephone number(919)
733-4574 should you have any questions concerning this matter.
Sincerely,
Brad Cole, PE
Assist. State Dam Safety Engineer,, •.y,•
Land Quality Section
BC/rdk tFFD) �E-�J
`�
�.
i
cc: Mr. J.C. Bumgartner, PE,Design Engineer If iD '
Ms. Janet Boyer,PE, Land Quality Regional Engineer SEP 2 4 2010 .
� urface'Wat�� r5te_cfon4Lpeisor
� P
Filename:BUNCO-005 20100920 RECT-RD WATER QUALITY SECTION
ASHEVILLE RE;ZONAL OFFICE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone]/FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604•Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG,PE Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman,Secretary
April 30, 2010
Ashley Woods Property Owners Association
Attn: Mr. Toby Weis, President
Post Office Box 124
Skyland,North Carolina 28776
RE: Ashley Woods Dam
Buncombe County
State Dam ID: BUNCO-095
Dear Mr. Weis:
This is to acknowledge receipt of the record drawing submittal dated April 22,2010 for the
completed breach of the subject dam. The submittal was received in our office on April 26, 2010.
Applications requiring approval from this office require a comprehensive field inspection by our
Regional Office personnel. Upon completion of the field inspection and finding by our field
personnel that the dam has been rendered incapable of impounding water in conformance with the
approved plan and as reported in the as-built submittal, our office will issue final approval. If
significant discrepancies are found to exist, revisions may be required before final approval can be
issued.
Please contact Ms.Janet Boyer,Regional Engineer, Land Quality Section, 2090 U.S. Highway 70,
Swannanoa,North Carolina 28778,telephone number(828) 2964500, or me at telephone number
[phone] should you have questions concerning this matter. .
Sincerely,
Steven M. McEvoy, PE
State Dam Safety Engine �(1
Land Quality Section
D
cc: Mr. William G. Lapsley, PE, Design Engineer MAY — 7 2010
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor
WATER QUALITY SECTION
AW ILLE REGIONAL OFFICE
Filename: BLTNCO-095_20100430_RECT Ashley Woods As-builts
1612 Mail Service Center, Raleigh,North Carolina 27699-1612 - Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh,North Carolina,27604-Internet:http://www.dlr.enr,state.nc.us/pages/landqualitysection.html

Sws
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman,Secretary
June 14,2010
Mr. Carl J. Lutz
396 Newfound Road
Leicester,North Carolina 28748
RE: Lutz Dam
Buncombe County
State Dam ID: BUNCO-073-I
Dear Mr.Lutz:
On May 5, 2010, we received an application dated April 28,2010 for the repair of the subject dam. A
preliminary review was done and,upon finding the application incomplete, a letter was issued on May
13, 2010 requesting the necessary additional information.
We did not receive the requisite additional information within the 30-day deadline specified in that letter.
Therefore,we are discontinuing the application review for the repair of the subject dam. Upon receipt of
a completed application submittal including all the requested additional information, our review will
resume with the review start date being the date we receive that completed submittal rather than the date
of the original application submittal.
Please contact Ms. Janet Boyer,Regional Engineer,Land Quality Section;2090 U.S.Highway 70,
Swannanoa,North Carolina 28778,telephone number(828)296-4500, or me at telephone number(919)
733-4574 should you have any questions concerning this matter.
Sincerely,
Brad Cole,PE
Assistant Dam Safety Engineer
Land Quality Section n n
ABC/ U
JUN 1 7 2010
cc:. Ms. Janet Boyer,PE,Land Quality Regional Engineer
aEate rote�ton Suplzw�_I
WATER QUALITY SECTION
Filename:BUNCO-073 Lutz Dam Submittal Expire 20100614 ASHEVILLE REGIONAL OFFICE d
1612 Mail Service Center,Raleigh, North Carolina 27699-1612 • Telephone [phone]/ W-.9T'9-733=2876-' -
512 North Salisbury Street,Raleigh, North Carolina,27604•Internet:http://www.dIr.enr.state.nc.us/pages/landqualitysection.htmI

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman,Secretary
February 12,2010
Mr. Lee E.Thomason,III
Vice-President
Biltmore Farms,L.L.C.
One Town Square Boulevard, Suite 330
Asheville,North Carolina 28803-5007
RE: Biltmore Lake Dam
Buncombe County
State Dam ID: BUNCO-024
Dear Mr. Thomason:
This is to acknowledge receipt of your Emergency Action Plan(EAP) dated January 29, 2010 for the
subject dam. The EAP was received in our office on February 11,2010.
Emergency Action Plans Applications will be reviewed by this office in the order they are received,
except that existing high hazard potential dams with known safety problems will be prioritized. We
endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms.Janet Boyer,Regional Engineer,Land Quality Section,2090 U.S.Highway 70, Swannanoa,
North Carolina 28778,telephone number(828)296-4500, or me at telephone number(919) 733-4574 should you
have any questions concerning this matter.
Sincerely,
ven M.McEvoy,. E �// (�
State Dam Safety Engi eer E � E
Land Quality Section rQ
FEB 18 2010
SMM/JCR e
WATER QUALITY SECTION
cc: Mr. Keith A. Anthony,PE,Design Engineer—Shield Engineering,Iris. LASHEVILLE REGIONAL OFFICE
Ms. Janet Boyer,PE, Land Quality Regional Engineer ;,...P..,o-.r.y,; •;
�-=---SurfaceWaterRrotectionSu ervis'or:: ----+
File Name:BUNCO-024 20100212 RECT EAP Biltmore Lake Dam
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh, North Carolina,27604•lnternet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section ,
James D. Simons, PG, PE Beverly Eaves Perdue,Governor
Director and State Geologist p ,
E -,
Final Approval to Impound
J U N - 7 2010 it
June 2, 2010 '
WATER QUALITY SECTION
ASHEMI�LE REGIONAL OFFICE
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wayne T. Caldwell
Post Office Box 648
Candler,North Carolina 28715
RE: Caldwell Pond Dam
Buncombe County
State Dam ID: BUNCO-037-H
Dear Mr. Caldwell:
This concerns the subject dam recently repaired pursuant to issuance of Approval to Repair dated
June 4, 2008, Approval to Repair—Extension dated June 15, 2009, and Approval to Repair—
Addendum 1 dated February 22, 2010 as required by the Dam Safety Law of 1967. Record
Drawings and the engineer's certification, along with updated Emergency Action Plan and
Operation and Maintenance Plan were received on April 20,2010. The dam was certified by Mr.
James W. Caldwell,PE of Eco Engineering, a Division of The John R. McAdams Company, Inc.
An inspection of this dam was made by Land Quality Section staff of the Asheville Regional
Office on May 10, 2010. The dam was found to be in general conformance with the approved .
plans and specifications, and you may impound water.
The Land Quality Section staff will make periodic inspections of this dam to assure that the dam
is being maintained in good operating condition. These inspections, however, will be relatively
infrequent. It is advised that you closely inspect and monitor your dam, and that you notify your
engineer and the Division of Land Resources if you see or suspect any problems concerning its
1612 Mail Service Center, Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh, North Carolina,27604•Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html

Mr. Caldwell
Caldwell Pond Dam
Final Approval to Impound
June 2, 2010
Page 2 of 2
safety. The Emergency Action Plan shall be reviewed by the owner on an annual basis and
updated if downstream conditions change.
Sincerely,
Steven M. McEvoLEhgin
State Dam Safetyer
Land Quality Section
cc: Mr. James W. Caldwell,PE
Ms:Janet Boyer, Regional Engineer
Mr,. Roger Edwards, Surface Water Protection Supervisor
File Name:BUNCO-037 20100602 COFA Caldwell Pond Dam

WMENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman,Secretary
Certificate of Final Approval
o...q„ 4 tuT+i to .x .•cam__ }
January 29, 2010
Stone Mountain School C
Attn: Mr. Sam Moore
126 Camp Elliot Road
Black Mountain,North Carolina 28711 FEB - 4 2010
RE: Approval of Breach Construction --�
WATER QUALITY SECTION
Stone Mountain School (Camp Elliot) Dam ASHEV!LLE REGIO�!a.�e F!cF
State Dam 1D: BUNCO-023
Dear Mr. Moore:
This concerns the subject dam recently breached pursuant to emergency approval to breach by letter dated
December 21, 2006. Record Drawings and the engineer's certification were received on January 4, 2010.
The.Avnrk xunc rP.rtif-d hi/Mr. hale F. PPnn. 11 PE .Alcn Check Nn Ai)7'31 in the mmnnnt of 1,10 0R
_. _ _.. , ._.._.._ .._.- . ._. ..._. ............. ... 11. ,._.,
serving as the additional application processing fee was received on October 14, 2008.
An inspection of this dam was made by Land Quality Section staff of the Asheville Regional Office on
January 29, 2010. The work was found to be in general conformance with the record drawings submitted.
This letter constitutes final approval of the work to breach the subject dam.
The Land Quality Section staff will make periodic inspections of the remains of this dam to assure that
the remains are not capable of impounding water and are therefore exempt from the Dam Safety Law of
1967. Please continue to monitor the breach channel to assure that it does not become blocked with
debris and cause the impoundment of water.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70,
Swannanoa,North Carolina 28778, telephone number(828)296-4500, or me at telephone number(919)
733-4574 should you have questions concerning this matter.
Sincerely,
l James D. Simons, PG, PE
Director and State Geologist _ 1
cc: Mr. Dale E. Pennell, PE, Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer FEB 0 4 201E
Surface-W ater'Proteefion_S:up.eOOSE r
FILENAME: BUNCO-023_20100129_COFA_Camp Elliot Stone Mountaini1�?1 1+
Geological Survey• Land Quality-Geodetic Survey
Division of Land Resources- 1612 Mail Service Center,Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
Telephone [phone]/FAX: [phone] Internet:http://www.dlr.enr.state.nc.us/index.html

A 4
Mv..�
2
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor
Director and State Geologist y K Dee Free.mart, Secretary 1
a
October 29, 2009 t'
FINOV
E VE ��
Mr. Eduardo Montero5F - 4 2009
90 Press Owenby Drive
Black Mountain, North Carolina 28711 WATER CUALITY SECTION
ASHIEVILLE REGIONAL OEFICE
RE: Press Owenby Dam
Buncombe County
State ID. BUNCO-096
Dear Mr. Montero:
Land Quality Section personnel from the Asheville Regional Office conducted an inspection of
the dam site and downstream areas to confirm the low hazard classification on October 26,
2009. The dam is less than fifteen feet in height from the lowest downstream toe to the crest
of the dam and is capable of impounding less than ten acre-feet of water to the crest of the
dam. Therefore, our office recommends that a low hazard classification is presently warranted
based on the current development downstream from the proposed dam, and thus, an
exemption can be granted.
However, the following comments are offered:
1. Our office encourages the owner of any proposed dam to construct his dam to the same
standards as if it were under the jurisdiction of the Dam Safety Law of 1967.
2. If the dam is constructed such that it is 15 feet in height or greater as measured from the
highest point on the crest of the dam to the lowest point on the downstream toe and will
impound 10 acre-feet or more at the highest point on the crest of the dam, this dam will not
be exempt, and engineering certification, and record drawings and specifications will be
required along with application processing fees.
3. If future downstream development occurs which would be impacted by a failure of the dam,
then the hazard potential classification would need to be reassessed and could possibly
change from low to either intermediate or high hazard. It should be noted that General
Statute 143-215.25A (a) (6) allows a darn to be regulated regardless of height or
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.nc.us NorthCarolina
An Equal Opportunity/Affirmative Action Employer I lfal,74

Mr. Eduardo Montero
October 29, 2009
Page 2 of 3
impoundment capacity if the Department determines that failure of the dam could result in
loss of life or significant property damage.
4. The dam is located on Rock Creek, which is classified as C, Trout. Waters that have been
classified as trout waters shall have an undisturbed buffer zone of at least 25 feet. A
temporary and minimal disturbance is permitted as an exception by G.S. 113A-57(1), land-
disturbing activities in the buffer zone adjacent to the designated trout waters shall be
limited to a maximum of ten percent of the total length of the buffer zone within the tract to
be distributed such that there is not more than 100 linear feet of disturbance in each 1000
linear feet of buffer zone.
5. During the inspection on October 13, 2009 several potential deficiencies were noted that
would need to be addressed prior to the dam impounding water. Potential deficiencies and
maintenance items include;
a. Trees and bushes are growing on the dam. This type of growth can cause problems
and even failure of the dam by creating holes when trees are uprooted due to wind
or ice; by leaving possible seepage holes when trees die and their roots decay; and
by causing erosion of the dam around this growth if the dam should overtop.
Therefore, we recommend that this type of growth be removed and a good stand of
grass cover be established on the dam. Any growth less than six inches in diameter
should be cut and removed. Any growth over six inches in diameter should also
have the root system excavated and the excavated area be refilled and compacted
with a suitable soil material under the supervision of an engineer.
b. The dam has failed in one area causing the embankment to collapse. The dam was
not impounding a significant amount of water at the time of the inspection. Water is
flowing through the collapsed area, under the dam and under ground for
approximately 100 feet until it reaches a large boulder field where the creek appears.
Please note that in accordance with General Statute 143-215.25A(a)(6), dams that are
determined to be high hazard potential are subject to the provisions of the Dam Safety Law of
1967 regardless of height or impoundment capacity.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment
control program having jurisdiction should be contacted to determine permit requirements. In
any case, sediment must be prevented from entering the waters of the state or flowing onto
neighboring property.
i\idro r06i,rofl!t? i,ai_01t�..�ncrar7�betb�,n�s1i?JG Dress )wPnby\Exernpi Setter, for Press 0,wenby.doc

PpPagEduardo
r. Eduardo Montero
r. u rc October
Octr
ctober 29, 2009
of
e 3 of 3
Please contact this office at telephone number [phone] should you have any questions
or if we may be of further assistance in this matter.
Sincerely,
,(aBoyer, PE
�,n —4
I eg nal Engineer
cc: Steve McEvoy, Dam Safilt Engineer
L M OTiftU.Me WIr�=gal Sur fa.
\1Ni-o,-.irO6)\vc,i11DATA','L-Q1B,,,ji,,,cc)mi)e\Dati�s096 Press 0wPnby\Excrnrpt letter fOr Press Owenby.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman,Secretary
October 23,2009
Mr.David Hanks FA
City of AshevilleWater Resources DepartmentPost Office Box 7148' 8 2009
Asheville,North Carolina 28802ITY SECTION
IONAL O FICE
RE:' North Fork Dam(aka Barnette Dam) ---. _
Bumcombe County
State Dam ID:BUNCO-046H
Dear Mr.Hanks:
This is to acknowledge receipt of your"as-built" submittal and application for impoundment approval
dated October 20,2009 for the subject dam. The submittal was received in our office on October 21,
2009.
Applications requiring an Approval to Impound require a comprehensive field inspection by our Regional
Office personnel. Upon completion of the requisite field inspection and finding by our field personnel
that the dam has been constructed in conformance with the approved plan and as reported in the as-built
submittal, our office will issue an Approval to Impound. If significant discrepancies are found to exist,
revisions may be required before Approval to Impound can be issued. In view of our current workload,
we anticipate that it will take no more than 30 days from date of receipt of the as-built submittal to issue
a response.
Please contact Ms.Janet Boyer,Regional Engineer,Land Quality Section,2090 U.S.Highway 70,
Swannanoa,North Carolina 28778,telephone number(828)296-4500,or me at telephone number(919) .
733-4574 should you have any questions concerning this matter.
Sincerely,
Steven M.McEvo , E
State Dam Safe ' er
Land Quality Section
SMM/JCR
1612 Mail Service Genter,Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604•Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html

Mr. David Hanks
October 24, 2009, 2009
Page 2 of 2
cc: Mr.Donald L.Basinger,PE,Design Engineer—Schnabel Engineering South,PC
Ms. Janet Boyer,PE, Land Quality Regional Engineer
�-.Surface:Water ProtectidI Supervisor
File Name:BUNCO-046H 2O091023 RECT-North Fork-Repair

FRelsources
NC®ENR _ EP 18 2009
North Carolina Department of Environment and N6tur
Division of Land Resources I WATER QUALITY SECTION a
Land Quality Section + ASHEVILLE REGIbNP,L OFFICE
James D. Simons, PG, PE > Beverly Eaves`Fe�due; Governor '"' `'- �
Director and State Geologist =
9 ` ' Dee`Freemeri;�Se�crefary��
September 16,2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jerry M. Porter
312 Patton Mountain Road
Asheville,North Carolina 28804
RE: Porter Dam
Buncombe County
State Dam ID: BUNCO-094
French Broad River Basin
Dear Mr. Porter:
Attached is an order, issued under the authority of the North Carolina Dam Safety Law of 1967. This
order requires that within 91 days,plans for repairing or breaching the subject dam located on an
unnamed tributary to White Branch in Buncombe County be developed by a North Carolina registered
professional engineer in accordance with North Carolina Administrative Code,Title 15A, Subchapter 2K,
and submitted to the Director of the Division of Land Resources. A copy of the North Carolina Dam
Safety Law of 1967 and the referenced Administrative Code is enclosed for your information.
If you wish to contest this Dam Safety Order,you must request a contested case hearing within 10 days
after receiving this notice. This request must be in the form of a written petition that conforms to the
requirements set forth in North Carolina Statute(NCGS) 15013-23. The original petition and one copy
must be filed as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699
Any questions about filing a petition may be directed to the Clerk of the Office of Administrative
Hearings by telephone at(919) 733-0926.
A copy of the petition must also be served on the Department as follows:
Ms. Mary Penny Thompson,,General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Mr. Jerry M. Porter
September 16, 2009
Page Two
Please note that failure to comply with this Dam Safety Order may result in:
. 1. ..The..assessment o_f a.civil penalty.of not less than$100.00 nor more than$500.00. In the case of a
willful"failure to comply with this Dam Safety Order, a civil penalty may be imposed in an amount up
to $500.00 for each day of violation. This penalty will begin to run from the deadline established in
the Dam Safety Order; and/or
2. A request to the Attorney General's Office for injunctive relief.
If you have any questions,please contact either:
Ms. Janet Boyer, PE
Regional Engineer
Land Quality Section
2090 US Highway 70
Swannanoa,North Carolina
Telephone: [phone]
Or
Mr. Steven M.McEvoy, PE
State Dam Safety Engineer
Land Quality Section
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
Telephone: [phone]
We would appreciate your calling us as soon as you receive this notice so that we can be aware of your
plans and schedule.
Sincerely,
A
Steven M. McEvoy,CE
State Dam Safety Engine r
Enclosure
cc:
.;tiSur-fac kWia-ter Protection Regio'nal S� u•perav'as"a
Ms. Janet Boyer,PE, Land Quality Regional Engineer
M. Jerry VeHaun,Director Buncombe Co.Emergency Management

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman, Secretary
September 8, 2009
Mr. James M. Mercer,PE �� 1
I
Post Office Box 1516
Weaverville,North Carolina 28787 SEP 14 2009
d
LATER C'UF�1T S
RE: Porter(Northern Horizons)Dam ,---------�-� ECTION
Buncombe County IL LE -Fr,O�1A-L OFFICE
State Dam ID: BUNCO-094
Dear Mr. Mercer:
A review has been made of the plans, specifications and design data received in this office on
July 30, 2009 for the repair of the referenced dam. Prior to issuance of an approval to repair,
additional information or revision is requested for the following items:
1. The submittal does not address the deficiencies that resulted from construction
activities that took place at the subject dam prior to the owner seeking approval
from this Division, such as the spoiling of organic waste on the downstream.face of
the dam. Please provide additional drawings, specifications, and calculations that
show how the existing deficiencies.will be corrected.
2. Please refer to North Carolina Administrative Code(NCAC), Title 15A,
Subchapter 2K Section .0206(f). Corrugated metal pipe is not permitted for use.in
high hazard(Class C) dams. Please provide an alternate design using an
acceptable pipe material. Ductile iron pipe and reinforced concrete pipe(RCP) are
typically used for conduits in high hazard dams. If RCP is used, a properly
designed pipe cradle will be required.
3. A slope stability analysis is required for the dam embankment that demonstrates it
meets the minimum requirements outlined in NCAC, 15A, 2K, .0208.
4. Please refer to NCAC, 15A,2K, .0207. Piezometers are required for Class C
dams. Please provide detail for installation of piezometers.
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604•Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html

Mr. James M. Mercer, PE '114
Porter(Northern Horizons)Dam
September 8, 2009
Page 2 of 3
5. Please provide a design report detailing items outlined in NCAC, 15A, 2K,
.0201(d).
6. Please provide additional plans and specifications in accordance with NCAC, 15A
2K, .0201(e).
7. Please provide design calculations demonstrating that the proposed spillway
system meets the minimum criteria outlined in NCAC, 15A, 2K, .0205.
8. An emergency action plan(EAP) and an Operation and Maintenance Plan(O&MP)
will ultimately be required prior to this Division issuing final approval to impound.
The engineer may wish to prepare and submit these items with future submittals.
9. The construction schedule appears too-generic,for,the complexity of this proj ect.
Please provide a detailed project specific construction sequence.
10. Due to some well-documented problems with installation,the use of traditional
anti-seepage collars is generally discouraged for spillway conduits. A"filter
diaphragm"must be provided for this conduit. Please reference the USDA-NM'
National Engineering Handbook,Part 628 "Dams" Chapter 45 "Filter
Diaphragms". This can be downloaded from the NRCS (Natural Resource
Conservation Service)website.
11. The use of multiple conduits through the dam is discouraged due to the increased
likelihood for seepage problems to develop. A single properly-designed spillway
can meet all requirements.
12. Please provide additional drawings and specifications for the excavation to remove
the existing 18-inch HDPE pipe.
13. Due to inherent traits, sericea lespedeza is undesirable for use on earthen dam
embankments. Please remove it from the seeding specification.
It would greatly aid further application review if a response to each of the above comments were
made in a cover letter submitted with two sets of the revised plans, specifications and design
data.

James M. Mercer, PE
Porter(Northern Horizons)Dam
September 8, 2009
Page 3 of 3
Please contact this office should you have any questions concerning the above items.
Sincerely,
Steven M. McEvoy;P
State Dam Safety Engineer
Land Quality Section
cc: Mr. Jerry Porter, Owner
Ms. Janet Boyer, PE,Asheville Regional Engineer
Slur ace°��Vater Pr-o ectiontRegional % •.ervis•r
File name: BUNCO-094 20090908 revreq_Porter Dam

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman, Secretary
Certificate of Approval
SOI��O IHNO!S3b��1!n3HSd
September 2,2009 NOIlO�S A_LJ-1 n0 d31VM
CERTIFIED MAIL 7r-P - 9 2009
I
RETURN RECEIPT
Woodfin Sanitary Water& Sewer District ��
Post Office Box 8452
Asheville,North Carolina 28814
RE: Approval to Repair
Woodfin Reservoir Dam
Buncombe County
BUNCO-067
Dear Sir or Madam:
This is in response to your submission dated July 16, 2009 and received on July 17.,2009 of plans,
specifications and design data for repair of the subject dam in compliance with the Dam Safety Law
of 1967. This dam is of high hazard classification. The plans, specifications and design data
submitted were prepared under the supervision of Mr. Dale E. Pennell, PE.
This letter constitutes approval of the proposal to repair the subject dam according to the plans and
specifications received by this Division on July 17, 2009 with the following stipulations:
1. Project construction shall be supervised by Mr. Dale E. Pennell, PE. Mr. Dale E. Pennell, PE
shall be responsible for field observation of construction as necessary to ensure compliance with
approved`plans.
2. During construction,the Division of Land Resources may require such progress reports as are
deemed necessary,
3. In accordance with GS 143-215.29 and NCAC 15A-2K .0203, .0215, and .0212,within 30 days
of completion of the project, Mr. Dale E. Pennell, PE shall inspect the completed work and upon
finding that the work has been done as specified and the dam is safe, shall file with the Division
of Land Resources two sets of record drawings and a certificate stating that the work has been
completed in accordance with approved plans, specifications and other requirements.
As part of the record drawings, the engineer must-grovide drawings that identify the locations'of
all the pipe joints that were repaired. The locations may be established by use of the existing
Geological Survey• Land Quality.•Geodetic Survey
Division of Land Resources-1612 Mail Service Center, Raleigh,North Carolina 27699-1612
512 North Salisbury Street, Raleigh,North Carolina 27604
Telephone [phone]/FAX: [phone] • Internet:http://www.dir.enr.state.nc.us/index.html

Woodfin Sanitary Water& Sewer District
September 2,2009
Page 2 of 2
stations shown in the profile drawing on Sheet C-102, by distance from the downstream end of
the conduit, or by sequential numbering from the downstream end. It is recommended that the
joints be clearly labeled within the conduit during the repair activities to facilitate their
identification during subsequent video inspections and as a means of identification if additional
problems should develop in the future.
4. A digital copy of the after-repair inspection video shall be provided on DVD with the record
drawing submittal described in stipulation 3.
5. Any draining of the lake to perform the repair work shall be performed in such a manner as to
preclude off-site sedimentation.
6. An emergency action plan (EAP) and an operation and maintenance (O&M)plan are required
for all high hazard dams. The O&M plan should address routine maintenance, frequency of
piezometer readings, frequency of inspections by the owner or the owner's representative, and
annual operation of the bottom drain to ensure that it is functional. It is strongly recommended
that the EAP be submitted prior to commencing repairs to deal with problems that may arise
during construction.Nevertheless, both the EAP and O&M plan must be received prior to final
approval of repairs by this Division.
7. You must notify Ms. Janet Boyer,PE, Regional Engineer, Land Quality Section, 2090 US
Highway 70, Swannanoa,North Carolina 28778, [phone] ten days before the start of
construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be contacted
to determine if additional permits are required. Also,the erosion and sediment control program
having jurisdiction should be contacted to determine permit requirements. In any case, sediment
must be prevented from entering the waters of the state or flowing onto neighboring property.
Construction of the repairs must begin within one year of the date of this letter or this approval is
void. For assistance you may contact the Asheville Regional Office at [phone] or a staff
member of the Dam Safety Program in the Raleigh Central Office at telephone number(919) 733-
4574.
Sincerely,
ames D. Simons, PG, PE
Director and State Geologist
JDS/smm/whd
cc: Mr. Dale E. Pennell, PE
Ms. Janet Boyer, PE, LQS Regional Engineer
Filename:BUNCO-067 20090902 COAR.Woodfin Reservoir

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D.Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
Final Approval to Impound
August 26, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jason Conner
B. T. Hedrick Gravel and Sand Company
15 Yorkshire St. Ste 302
Asheville,North Carolina 28803
RE: North Buncombe Quarry SB #7 Dam
Buncombe County
State Dam ID: BUNCO-091 H
Dear Mr. Conner:
This concerns the subject dam recently repaired pursuant to issuance of an Approval to Construct
on June 20, 2008 as required by the Dam Safety Law of 1967. Record Drawings and the
engineer's certification, along with the Emergency Action Plan and Operation and Maintenance
Plan were received on June 23, 2009. The dam was certified by Mr. John Thomas Grimes,PE of
Grimes Engineering,PC.
An inspection of this dam-was made by Land Quality Section staff of the Asheville Regional
Office on August 25, 2009. The dam was found to be in general conformance with the approved
plans and specifications, and you may impound water..
The Land Quality Section staff will make periodic inspections of this dam to assure that the dam
is being maintained in good operating condition. These inspections,however,will be relatively
infrequent. It is advised that you closely inspect and monitor your dam, and that you notify your
engineer and the Division of Land Resources if you see or suspect any problems concerning its
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh, North Carolina,27604 Internet:http://www.dIr.enr.state.nc.us/pages/iandqualitysection.htm]

Mr. Conner
August 26, 2009
Page 2 of 2
safety. The Emergency Action Plan shall be reviewed by the owner on an annual basis and
updated if downstream conditions change. Please ensure that all stakeholders listed on page 6
receive a copy and any updates in the future.
Sincerely,
Steven M. McEvoy,P
State Dam Safety Engi ee
Land Quality Section
SMM/TVI
cc: Mr. John Thomas Grimes, PE, Grimes Engineering,PC
Ms. Janet Boyer,PE,Land Quality Regional Engineer
-:Surface Water-.-Protection Supervisor4
1B.V: Hedrick,North Buncombe Quarry
File Name:BUNCO-091 20090826 COFA

to
C 1
IJ I� �� DEC 1 1 2009 Ji-
LLENCDENR � ,North Carolina Department of Environment and Natu al R�sour_ces—..---- ^,Division of Land Resources - `'``F'`�`�Cj`lALtl'� sEc r��L J,',L GFl=
Land Quality Section -
James D. Simons, PG, PE Beverly Eaves Perdue, Governor.-..
Director and State Geologist "`"i_v Dee Freeman, Secretary
Certificate of Final Approval
December 4, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John Alan McNair
5943 Bear Wallow Mountain Road
Gerton,North Carolina 28735
RE: Approval of Breach Construction
McNair-Dam-
Buncombe County
State Dam ID: BUNCO-090
Dear Mr. McNair:
This concerns the subject dam recently breached pursuant to issuance of an Approval to Breach
on June 29, 2007 as required by the Dam Safety Law of 1967. Record Drawings and the
engineer's certification were received on July 9, 2009. The work was certified by Mr. Anthony L.
Hauser,PE. The Owner's-Certification was received October 12, 2009.
An inspection of this dam was made by Land Quality Section staff of the Asheville Regional
Office on September 23, 2009. The work was found to be in general conformance with the
approved plans and specifications. This letter constitutes final approval of the work to breach the
subject dam.
The Land Quality Section staff will make periodic inspections of the remains of this dam to
assure that the remains are not capable of impounding water and are therefore exempt from the
Dam Safety Law of 1967. Please continue to monitor the breach channel to assure that it does
not become blocked with debris and cause the impoundment of water. .
1612 Mail Service Center, Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh,North Carolina,27604•lnternet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html

Mr. McNair
December 4, 2009
Page 2 of 2
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section;2090 U.S. Highway
70, Swannanoa,North Carolina 28778, telephone number(828) 296-4500, or me at telephone
number(919) 733-4574 should you have any questions concerning this matter.
Sincerely,
Steven M. McEvo
State Dam Safety ngi eer
Land Quality Section
SMM/TVI
cc: Mr. Anthony L. Hauser,PE, Ambient Design Group,PLLC
Ms. Janet Boyer, PE,Land Quality Regional Engineer
�ay �
FILENAME:BUNCO-090 20091204 COFA-Breach McNair Dam

I
NN
A11 �
:�'r�
rn NO17�'CIIIAV a p N(Q �
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� b'V1kS'10nEnu ironment and Natural Resources
, of Land Resource
or and Sfafe ��� Land Quali Sections
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171-1
MY 23, 2009 serue, Govern or� eeFeP d an,Secretary
Mr, Alan J U L 2 7 2009 1 I
MacNair� �
P,O, BOX WATER QUALITY SECTION
87 ASHEViLLE REGIONAL OFFICE
GertOn, North Carolina 28737
RE: MacNair Dam
Buncombe County
State Dam ID: BUNCO-090
Dear Mr. MacNair:
This is to acknowledge receipt of your application dated July 6, 2009 for the construction of the
subject dam. The application was received in our office on July 9,2009. The minimum
application-processing fee of$200.00 (Check No. 1083)was also received on April 30,2007.
Additional information is requested before this office can process your application. These items
are as follows:
1. Please provide one additional set of sealed record drawings and Engineer's Certificate.
2. Please provide a signed, dated and notarized Owner's Certification form along with any
supplemental fee required if construction costs exceeded$10,000.00. A summary of required
fees is at URL Lit.tp://www.dlr.enr.state.nc.us/pages/damfees.litml. A fee calculation.spreadsheet
can be downloaded from the same Internet page.
Once these items are received we will proceed with a review of your application. In order for the
application to retain its place in the order of reviews the above items must be received within
thirty days. Applications requiring an approval to construct a dam will be reviewed by this office
in the order they are received except that existing high hazard potential dams will be prioritized.
We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer,Regional Engineer, Land Quality Section, 2090 U.S.Highway
70, Swannanoa,North Carolina 28778, telephone number(828) 296-4500, or me at telephone
number(919) 733-4574 should you have any questions concerning this matter.
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604•Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html

s
Mr. Alan MacNair
7uly 23,2009
Page 2 of 2
Sincerely,
Steven M, Me
State Da E
m Safety ngineer
Land Quality Section
S1CWfCR
cc;
Mr. A 2
Ms. Janet n L. Hauser,pE
Surf
Boyer, PE Design En
e Water ' Land Qualitysneer—AmbientD
Protection Su sRegional Engineer esigll Group
Pervisor�..
File Name:BLWCp_090 20
090723 ACT IA MacNair Dam- '
breach_As-built

Notice of Deficiency - -
MacNair Dam
March 13, 2009
Page 2 of 2 I
of a trapezoidal opening on the western end of the dam that would consist of a trench with
a 4' bottom width and 3:1 (H:V) side slopes. At the time of inspection, the breach trench in
the western side of the dam measured roughly 44'W x 4.5'D x 121, but the side slopes were
vertical and not stabilized. The breach trench side slopes should be reworked according to
the submitted breach plan and then stabilized.
© Once the breach is completed as approved an as-built plan will need to be submitted for
approval.
® We also request that trees and thick undergrowth be cut and removed from the dam. Do
not remove stumps or undertake any clearing that might aggravate the seepage problem or
create an erosion problem.
You are instructed to keep the impoundment drained per the breach plan approved by The
Division of Land Resources. Asa reminder, for earthen dams the rate of draw down shall r
not exceed 1 foot per day unless approved by our office and siphoning shall be done under 1
the supervision of a licensed engineer experienced in dam design. The draining shall be
done in such away to minimize the sediment load at the outlet. Contact The North Carolina
Division of Water Quality, Roger Edwards, at [phone] for additional information on
their requirements.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do
not receive notification on or before April 10, 2009, we shall present the case information for
appropriate enforcement action. Enforcement action could include a civil penalty,of up to$500.00
per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this
dam, and/or injunctive relief to gain compliance.
Sincerely,
Janet S. Boyer, PE
Regional Engineer
cc: Steve McEvoy, PE, State Dam Safety Engineer
Roger�Edwards' SY rf�ce Water cotect on RegTi Anal S,u 7- 'sor
G:\t_Q\Buncorr,be\Dams\090 MaCNa i r Gam\1\10D

1%4
NCDENR
North Carolina Department of Environment_a_nd Natural RAGni imno -- —
Division of L
Land Qu,
James D. Simons, PG, PE Governor
Director and State Geologist `,�, Secretary
March
rN `
NOTICE OF v
i
CERTIFIED MAIL-7008 0150 0000 7473 3007
RETURN RECEIPT REQUESTED E
Alan MacNair
PO Box 87
Gerton, NC 28735
RE: MacNair Dam, State ID No. BUNCO-090
Hazard Potential: High; Buncombe County
Dear Mr. Alan MacNair:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest
of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows.
A visa ial inspection of the referenced dam was conducted on February 5, 2009 by staff of the Land
Qua `Action Asheville Regional Office. During this inspection, the following conditions were
nc
\`� ' stream and downstream slopes of the dam, the to
� .tion and trees on the up p p
'�"-],the toe and abutment contacts.
/ `ren h on the left side of the dam facing downstream.
quire further maintenance. In the event of a dam failure,
�`he endangered because of the downstream location of
nd Resources Raleigh Office on April 30,
requested dam breach would consist
-7.
�I.

ALTWAA
NCDENR
North.Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
September 2, 2009
E101-4j0 W 10DU D111A3HSv
N0003S)%inyno�:UvM
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
- SEP - 9 2009
Mr. Alan MacNair I
5943 Bearwallow Mountain Road
Gerton,North Carolina 28735
RE: MacNair Dam :. .. :,. ... .:,,..,...... u.e.
Buncombe County
State Dam ID:BUNCO-090
Dear Mr. MacNair:
This is to notify you that additional information is required in order to process your application
dated July 6, 2009 for certificate of final approval for breach.of the subject dam. The application
was received in out office on July 9, 2009. An Incomplete Application letter dated July 23, 2009
was mailed to you and Mr. Anthony L. Hauser,PE of Ambient Design Group PLLC. The
additional information requested is again stipulated below:
1. Please provide one additional set of sealed record drawings and Engineer's Certificate.
2. Please provide a signed, dated and notarized Owner's Certification form along with any
supplemental fee required if construction costs exceeded$10,000.00. A summary of
required fees is at URL bq://www.dlr.enr.state.iic.us/pages/damfees-litml. A fee
calculation spreadsheet can be downloaded from the same Internet page.
3. Stipulation Number 4 of the Approval to Breach dated June 29,2007 stated that"Upon
completion of the project,Mr. Anthony Hauser,PE shall inspect the completed work and
upon finding(a)that the work has been done as specified, (b)that the breach has been
sufficiently stabilized to restrain accelerated erosion,,and(c)the remams'of the dam are
safe, shall file with the Division of Land Resources two sets of record drawings and a
certificate stating that the work has been completed in accordance with the approved
plans and other requirements,,and the remains of the dam are safe."
It has come to our attention based upon an inspection by the Asheville Regional Office
Land.Quality Section February 5, 2009 that existing conditions were not consistent with
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604-Internet:http://www.dlr.enr.state.nc.us/pages/Iandqualitysection.htmi

Mr. Alan MacNair
September 2, 2009
Page 2 of 2
the breach proposal approved June 29, 2007. The side slopes of the breach channel are
too steep causing them to be unstable. It is unknown if this condition has been remedied
since February. Regardless of a complete submittal, an inspection of the dam will be
scheduled by the Asheville Office. The channel must be stabilized before final approval
of the breach can be issued.
A Notice of Deficiency dated March 13, 2009 was issued to you by Ms. Janet S. Boyer,PE of the
Asheville Regional Land Quality Section Office. This Notice of Deficiency is still valid until all
items are addressed.
Please contact us at(919) 733-4574 to advise us of your intended action in this matter. If we do
not receive notification on or before October 2, 2009,we shall present the case information for
appropriate enforcement action. Enforcement action could include a civil penalty of up to
$500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or
removal of this dam, and/or injunctive relief to gain compliance.
Please contact Ms. Janet Boyer,Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa,North Carolina 28778, telephone number(828) 296-4500, or me at telephone
number(919) 733-4574 should you have any questions concerning this matter.
Sincerely,
ZP
Steven M. McEvo , E
State Dam Safety En ' er
Land Quality Section
SMM/TVI
cc: Mr. Alan MacNair,PO Box 87, Gerton,North Carolina 28735
Mr. Anthony L. Hauser, PE,Design Engineer—Ambient Design Group
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Sew . ce :'pater 4rotecticrn*S� pOyMso�r
File Name:BUNCO-090 20090902 UR

r�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman,Secretary
Certificate of Approval
July 20, 2009
f} E V E
RTIFEED MAILTURN RECEIPT
D .
T REQUESTED U U L 2 3 2009 '
_
Mr. James Ray Smith WATER QUALITY SECTION
Route 5,BOX 786 ASHEVILLE REGIONAL OFFICE
Leicester,North Carolina 28748
RE: Approval to Breach
Smith Lake Dam
Buncombe County
State ID: BUNCO-057-I
Dear Mr. Smith:
This is in response to your submission dated May 14, 2009,received on May 18, 2009 of plans,
specifications and design data to breach the subject dam in compliance with the Dam Safety Law
of 1967. Also, Check Number 6749 in the amount of$200.00 serving as the minimum
,application processing fee was received on February 26, 2009. The plans, specifications and
design data were prepared under the supervision of Mr. Martin A. Kocot,PE.
This letter constitutes approval of your proposal to breach the subject dam according to the plans
and specifications submitted to this Division on May 18,2009 with the following stipulations:
1. Project construction shall be supervised by Mr. Martin A.Kocot,PE. Mr. Martin A.
Kocot,PE shall be responsible for field observation of construction.as necessary to
ensure compliance with approved plans.
2." During construction,the Division of Land Resources may require such progress reports
as are deemed necessary.
3. Reference Detail 4 Sheet C3.0: Note that minimum riprap thickness for armoring of the
channel sides and bottom is 1.5 times maximum stone size: Maximum'stone size fora
NCDOT Class 2 is 23 inches. Therefore minimum riprap thickness is to be 34 inches.
Minimum inside bottom width of the trapezoidal breach channel shall be five feet with 2
(horizontal)to 1 (vertical) sides or flatter. Non-armored upper slopes of the breach area-
may require mat stabilization unless they are flattened.
Geological Survey-Land Quality•Geodetic Survey
Division of Land Resources•1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh, North Carolina 27604
Telephone [phone]/FAX: [phone] • Internet:http:/lwww:dlr.enr.state.nc.us/index.htmi

Mr. James Ray Smith
Smith Lake Dam
July 20, 2009
Page 2
4. In accordance with GS 143-215.29 and NCAC 15A-2K .0203, .0215, and .0212,within
30 days of completion of the project, Mr. Martin A. Kocot, PE shall inspect the
completed work and upon finding(a) that the work has been done as specified, (b)that
the breach has been sufficiently stabilized to restrain accelerated erosion, and(c)the
remains of the dam are safe, shall file with the Division of Land Resources two sets of
record drawings and a certificate stating that the work has been completed in accordance
with the approved plans and other requirements, and the remains of the dam are safe.
5. You must notify Ms. Janet Boyer,PE, Regional Engineer, Land Quality Section,2090
U.S. Highway 70, Swannanoa,North Carolina 28778, telephone number(828)296-4500
ten days before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Enclosed are a cost certification form and an explanation of the final processing fee calculation.
An additional fee will be required when the cost certification and engineer's certifications are
submitted if the cost for removal of the dam exceeds $10,001.00. The cost certification form
must be completed and returned with the engineer's certification in any event.
Construction must begin within one year of the date of this approval or the approval is void. For
assistance, you may contact Ms. Janet Boyer, PE, Regional Engineer at [phone] or a
member of the Central Office dam safety staff at [phone].
S' cerely,
James D. Simons,PG, PE
Director and State Geologist
JDS/smm
Enclosures
cc: Mr. Martin A. Kocot, PE, Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
rurfa�c`eater F�otectsitonuei. i�c�
File name:BUNCO-057 20090720 COAB Smith Lake Dam

F4CDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG,.PE Beverly Eaves Perdue,Governor
Director and State GeologistDee Freeman,_Secretary
I �
E-E
C�L . .
July 23, 2009 +
i ; I
1 JUL 2 9 20Qg
Mr. Joseph Martin L-- -p WATER QUALITY SECTION
Woodfin Sanitary, Water and Sewer District FlSHEviLLE
- REGIONAL OFFICE
P.O. Box 8452 -----
Asheville,North Carolina 28814
RE: Woodfin Reservoir Dam
Buncombe County
State Dam ID: BUNCO-067
Dear Mr. Martin:
This is to acknowledge receipt of your application dated July 16, 2009 for the repair of the
subject dam. The application was received in our office on July 17, 2009. The minimum
application processing fee of$200.00 (Check No. 15950)was also received on July 17, 2009.
The minimum application processing fee is not required for this repair project; therefore,I am
returning Check No. 15950 to you.
Applications requiring an approval to repair a dam will be reviewed by this office in the order
they are received, except that existing high hazard potential dams with known safety problems
will be prioritized. We endeavor to respond to applications within 60 days of receipt of the
application.
Please contact Ms. Janet Boyer,Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa,North Carolina 28778, telephone number(828) 296-4500, or me at telephone
number(919) 733-4574 should you have any questions concerning this matter.
Sincerely,
Steven M. McEvoy-,-PE _
State Dam Safety En er
Land Quality Section
SNWJCR
1612 Mail Service Center, Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh, North Carolina,27604•Internet:http://www.dIr.enr.state.nc.us/pagesAandqualitysection.html

Mr. Joseph Martin
July 23, 2009
Page 2 of 2
cc: Mr. Dale E. Pennell, PE,Design Engineer—McGill Associates
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor
File Name:BUNCO-067 20090723 RECT—Woodfm Reservoir Dam—repair
Enc: Check No. 15950

NCDENR - E ,,
North Carolina Department of Environment and Naturdl s s-------"�
Division of Land Resources I
J U L 2 2 2009
James D. Simons, PG, PE B verly Eaves Perdue,Govemod
Director and State Geologist Deep reemWTSecrefdf
Certificate of Approval ASHEV�LLE �Ec o��a ICE
July 15, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ashley Woods Property Owners Association
Mr. Toby Weis, President
Post Office Box 124
Skyland,North Carolina 28776
RE: Approval to Breach
Ashley Woods Dam
Buncombe County
State Dam ID: BUNCO-095
Dear Mr. Weis:
This is in response to your submission dated May 6, 2009 (construction drawings), May 8, 2009
(Engineer's letter), and July 8, 2009 (project specifications)received on May 11, 2009
(construction drawings and Engineer's letter) and July 8, 2009 (project specifications) of plans,
specifications and design data to breach the subject dam in compliance with the Dam Safety Law
of 1967. Also, Check Number 31519 in the amount of$200.00 serving as the minimum
application processing fee was received on May 11,2009. The plans, specifications and design
data were prepared under the supervision of Mr. William G. Lapsley,PE.
This letter constitutes approval of your proposal to breach the subject dam according to the plans
and specifications submitted to this Division on May 11, 2009 and July 8, 2009 with the
following stipulations:
1. Project construction shall be supervised by Mr. William G. Lapsley, PE . Mr. William
G. Lapsley, PE shall be responsible for field observation of construction as necessary to
ensure compliance with approved plans.
2. During construction, the Division of Land Resources may require such progress reports
as are deemed necessary.
Geological Survey•Land Quality•Geodetic Surrey
Division of Land Resources•1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street, Raleigh,North Carolina 27604
Telephone [phone] FAX: [phone] •Internet:http://www.dlr.enr.state.nc.usAndex.html

Mr. -1-oby Weis, President
July 15, 2009 2009
Page 2
3. In accordance with GS 143-215.29 and NCAC 15A-2K .0203, .0215, and .0212,within
30 days of completion of the project, Mr. William G. Lapsley, PE shall inspect the
completed work and upon finding(a)that the work has been done as specified, (b)that
the breach has been sufficiently stabilized to restrain accelerated erosion, and(c)the
remains of the dam are safe, shall file with the Division of Land Resources two sets of
record drawings and a certificate stating that the work has been completed in accordance _
with the approved plans and other requirements, and the'remains of the dam are safe.
4. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090
U.S. Highway 70, Swannanoa,North Carolina 28778,telephone number(828)296-4500
ten days before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Enclosed are a cost certification form and an explanation of the final-processing fee calculation.
An additional fee will be required when the cost certification and engineer's certifications.are
submitted if the cost for removal of the dam exceeds $10,001.00. The cost certification form
must be completed and returned with the engineer's certification in any event.
Construction must begin within one year of the date of this approval or the approval is void. For
assistance, you may contact Ms. Janet Boyer, PE, Regional Engineer at(828)296-4500 or a
member of the Central Office dam safety staff at(919) 733-4574.
?Director
ly,
D. Simons,PG, PE
and State Geologist
JDS/smm/
Enclosures
cc: Mr. William G. Lapsley, PE, Design Engineer—William G. Lapsley&
Associates, P.A.
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Ptctection--Supervis-o-)
File name: BUNCO-095 20090709_COAB_Ashley Woods Dam

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE .. . Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman,Secretary
May 15,2009 . .. .
Ashley Woods Property Owners Association
Mr. Toby Weis,President
Post Office Box 124 ,I '7'I ; l�
Skyland,North Carolina 28776 LJ �; MAY 2 1 2009 i L.
i
RE: Ashley Woods Dam
�NATEEF C'ALITY SECTION f
Buncombe County p,; -;=VIL-L_ R1' �OMA.OFF CF
State Dam ID: BUNCO-095
Dear Mr.Weis:
This is to acknowledge receipt of your application dated May 8,2009 for the breaching of the subject
dam. The application was received in our office on May 11,2009. The minimum application processing
fee of$200.00 (Check No. 31519)was also received on May 11.,2009.
Information regarding payment of the additional application processing fee which is required if the actual
cost of removal of the dam is greater than$10,001.00 can be viewed.on the Internet at URL
http://www.dlr.enr.state.nc.us/pages/damfees.htnil.A downloadable MS Excel spreadsheet available at the same URL can be used to check the fee calculation.
Applications requiring an approval to breach a dam will be reviewed by this office in the order they are
received, except that existing high hazard potential dams with known safety problems will be prioritized.
We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms.Janet Boyer,Regional Engineer,Land Quality Section,2090 U.S.Highway 70,
Swannanoa,North Carolina 28778,telephone number(828)2964500, or me at telephone number(919)
7334574 should you have any questions concerning this matter.
Sincerely,
Steven M.McEvoy,PE
State Dam Safety Engineer
Land Quality Section
SMM/JCR
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone] FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604.•Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html

Mr. Toby Weis
May 15, 2009
Page 2 of 2
cc: Mr. William G. Lapsley,PE, Design Engineer—William G. Lapsley&Associates,P.A.
Ms. J et Bo er, PE, Land Quality Regional Engineer
File Name:BUNCO-095H 2O090513 RECT Ashley Woods Dam-breach

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
May 5, 2009 = --
Ashley Woods Property Owners Association �-
Mr. Toby Weis,President D �---
Post Office Box 124 i
Skyland,North Carolina 28776
M AY 13 2009 I
RE: AshleyWoods Dam Y S-T10
L��
Buncombe County ASN:C `1LLE RFGIOf 4AL OFFICE_
State Dam ID: BUNCO-095 J
Dear Mr. Weis:
This is to acknowledge receipt of your application dated April 30, 2009 for the repair of the
subject dam. The application was received in our office on April 30, 2009.
Applications requiring an approval to repair a dam will be reviewed by this office in the order
they are received, except that existing high hazard potential dams with known safety problems
will be prioritized. We endeavor to respond to applications within 60 days of receipt of the
application.
Please contact Ms. Janet Boyer,Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number(828) 296-4500, or me at telephone
number(919) 733-4574 should you have any questions concerning this matter.
Sincerely,
Steven M. McEvo PE
State Dam Safety Engineer
Land Quality Section
SMM/JCR
1612 Mail Service Center,Raleigh, North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,.Raleigh,North Carolina,27604•lntemet:http://www.dlr.enr.state.nc.us/pagesAandqualitysection.html

eis
09
of 2
cc: Mr. Ben G. Glunt, PE, Design Engineer—Florence &Hutcheson, Inc.
Ms. Janet Boyer,PE, Land'Quality Regional Engineer
S _;Iace '.'ater Proms S°upery
File Name:BUNCO-095 20090505 RECT Asheley Woods Dam-repair

E C E
Q �A' RNCDENR J U N 2 2 2009 E
North Carolina Department of Environment and Natur I ResQumes______-
Division of Land Resources WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Land Quality Section �-��"-�-�--
James D. Simons, PG, PE Beverly Eaves Perdue, Govemor
Director and State Geologist Dee Freeman,Secretary
,June 15, 2009
Mr. Wayne Caldwell
Post Office Box 648
Candler,North Carolina 28715
RE: Approval to Repair-Extension
Caldwell Pond Dam
Buncombe County
BUNCO-037H
Dear Mr. Caldwell:
This letter is in response to your request dated May 18,2009 to extend the Approval to Repair
issued on June 4,2008 for the referenced dam. Your request was received in-our office-on May— --
19, 2009.
This letter constitutes approval of your request to extend the Approval to Repair for one year.
Project construction must be.in accordance with the plans and specifications received by this
Division on February 4, 2008 and with the stipulations in the,Approval to Repair issued on June
4, 2008. If any modifications to the approved plans or specifications are being considered, such
changes will need to be submitted to this office for review and approval prior to construction.
Project construction must commence before June 4,2010 or this approval extension is void.
Sincerely,
rY
Steven M. MCEv y, E
State Dam Safety eer
SMM/JCR
cc: Mr. James W. Caldwell,PE -EcoEngineering
Ms. Janet Boyer,PE,Land Quality Regional Engineer
y-- Swrface Water=Protecton_Regtona_1_Supervsor
File Name:BUNCO-037H 2O090615 Caldwell Pond Dam—Extension-Repair
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604•Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html

Orr
NCD�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of- a" Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves.Perdue,,Governor..µ
Director and State Geologist j ;;° •_ . kDeeµFreeman;=Secrefary s
June 2, 2009:
NOTICE OF DEFICIENCY" FPIJ
LAS
s
- 3 2009
r
CERTIFIED MAIL-7008 0160 0000 7473 9276 WATER E RFGi Y SECTION
CERTIFIED MAIL-7007 1490 0004 0797 7323 ��_E r��io��A�e FICF
__�. j
RETURN RECEIPT REQUESTED
Wendy Acosta Earl and Barbara Catron
37 Northlake Drive 46 Northlake Drive
Weaverville, NC 28787 Weaverville, NC 28787
RE: Holcombe Dam, State ID No. BUNCO-032
Hazard Potential: High; Buncombe County
Dear Sir or Madam:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest
of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows.
A visual inspection of the referenced dam was conducted on May 6, 2009, by staff of the Land
Quality Section Asheville Regional Office. During this inspection, the following conditions were
noted:
• The water level has been dropped several feet by opening a drain at the base of the riser
pipe.
• The currently draining outlet could become clogged and allow the dam to impound to full
pool.
• The area around the outlet pipe is severely eroding around both the pipe outlet and the
downstream channel.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.mus One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer Naturally

Notice of Defi+;iea;:*.:.
Holcombe Dan..
June 2, 2009
Page 2 of 3
There <'..:: urge trees and high vegetation on the downstream slope of 1he dan' .
Some of the— conditions appear serious and justify further engineering study to ^`arrmine
appropriate ren ;:dial measures. In the event of a dam failure, human life and significars:property
`would be enclp ,1red because of the downstream location of a house and a_ road.
Trees and, 'gushes are growing on the dam. This type of growth can cause problems and
even of the dam by creating holes when trees are uprooted due to wind or ice; by
leaving possible seepage holes when trees die and their roots decay and by causing
erosion of the dam around this growth if the dam should overtop. Therefore, we
recommend that this type of growth be removed and a good stand of grass cover be
establishcd on the dam. Any growth less than six inches in diameter must be cut and
remover. Any growth over six inches in diameter must also have the root system
excavated and the excavated area be refilled and.compacted with a suitable soil material
under the supervision of an engineer.
Though it is not our policy to allow any trees to grow on a dam, it is recommended that all
trees greater than six inches in diameter be left on the dam. Trees larger than six inches
that are in poor shape or pose a threat to the structural integrity of the dam and need
removal requires an engineer's supervision. Also, prior approval must be obtained from the
Division of Land Resources for the removal of trees greater than six inches in diameter. All
trees less than six inches in diameter should be removed.
• There was no trash guard on the riser pipe. Without a trash guard, the riser may become
clogged and cause water to flow out of the emergency spillway. Constant flows in the
emergency spillway usually cause progressive erosion problems. Therefore, we
recommend that a suitable trash guard be installed. The design and installation of the
trash guard requires an engineer's supervision and prior approval from this office.
• The erosion around the outlet pipe could undermine the integrity of the dam. Additional
protection for the area around the outlet is needed.
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions
outlined in this letter. Plans and specifications for repair based on the results of the study must be
filed with the Division of Land Resources for approval pursuant to the North Carolina
Administrative Code, Title 15A, Subchapter 2K- Dam Safety(15A NCAC 2K). Two copies of this
study and plan shall be submitted to the Division of Land Resources, 1612 Mail Service Center,
Raleigh, NC 27699-1612, Attn: Mr. Steve McEvoy, PE, State Dam Safety Engineer by July 2,
2009.
G.1LQtBuncombe�DarnsW32 Holecombe Dam\NOD 5 22 09.doc

ice of Deficiency
olcombe Dam -
June 2, 2009 -_
Page 3 of 3
An Emergency Action Plan (EAP) is needed for thi :,:.:r,_-r,,. .::fie EAP must include all downstream
hazards and all local emergency contact information. shell document can be reviewed at
our website at http://www.dlr.enr.state.nc.us/pagesi: etyprogram.htm1. Two copies of the
EAP shall be submitted to the Division of Land Resoi ;612 Mail Service Center, Raleigh, NC-
27699-1612, Attn: Mr. Steve McEvoy, PE, State C'.. :' fety Engineer, and a copy shall be
provided to the local emergency management office.- -
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do
not receive notification on or before July 2, 2009, we chall present the case information for
appropriate enforcement action. Enforcement action coo;d include a civil penalty of up to$500.00
per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this
dam, and/or injunctive relief to gain compliance.
Sincerely,
J net S. Boyer e r PE 0
, E
egional Engineer
cc: Steve McEvoy, PE, State Dam Safety Engineer
CRoger_Edwards, Surface-Water_Protection Regional Supervisor;
G:\LQ1Buncombe\Dams\032 Holecombe Dam\NOD 06 02 09,doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman,Secretary
March 27, 2009
Mr. Charles E. Holmes, Jr. C
863 Shumont Rd. ?
Black Mountain,North Carolina 28711 FASHEVILLE
�q�IR 3 1 2009 i
RE: Lake Charles Dam
ATER QUALITY SECTION
Buncombe County R=GIONAL OFFICE
State Dam ID: BUNCO-035 --
y
Dear Mr. Holmes:
This is to acknowledge receipt of your Emergency Action Plan(EAP)plan dated March 22,2009
for the subject dam. The application was received in our office on March 25, 2009.
EAP plans will be reviewed by this office in the order they are received, except that existing high
hazard-potential dams with known safety problems will be prioritized. We endeavor to respond
to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer,Regional Engineer,Land Quality Section, 2090 U.S. Highway
70, Swannanoa,North Carolina 28778, telephone number(828) 296-4500, or me at telephone
number(919) 733-4574 should you have any questions concerning this matter.
Sincerely,-
Steven M. McE oy, P - -- - ---- - - - — -- —
State Dam Safe Engineer Safety Cefebrafing90yeQi'SofServic^— Engineers
Planners
Land Quality Section 1VerS �� `� SUNeyOfS
&Associates,lnc. 1918-2008
Since 1918
SMM/JCRu �f.tPr
cc: Ms. Tami V. Idol, EI, Assi �D IC-
Ms. Janet Boyer, PE, Land yo vs;�
t.
File Name:BUNCO-035 20090_ Z4-z-
1612 Mail Service Center,Raleigh,No
512 North Salisbury Street,Raleigh,North Cal Raleigh,NC:[phone]
ml
Greenville,NC:(252)752�135 --

q
C - i�`;�
NR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
March 13, 2009
NOTICE OF DEFICIENCY
y E
CERTIFIED MAIL-7008 0150 0000 7473 3014 � MAR 1 6 2009
RETURN RECEIPT REQUESTED
WATER QUALITY SECTION
Sarah York ASHEVILLE REGIONAL OFFICE
40 Moores Pond Road
Fairview, NC 28730
RE: Moore's Dam State ID No. BUNCO-041
Hazard Potential: High; Buncombe County
Dear Ms. York-
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest
of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the.maintenance of stream
flows.
The required items listed in the Notice of Deficiency issued on March 20, 2007 and Notice of
Inspection of June 16, 2008 have not been adequately addressed. A visual inspection of the
referenced dam was conducted.on February 5, 2009 by staff of the Land Quality Section Asheville
Regional Office. During this inspection, the following conditions were also noted-
0 Livestock still appears to have access to the slopes of the dam and is causing
sloughing of the backslope of the dam. Livestock access to the dam should be
eliminated.
® High vegetation on the backslope of the dam does not allow for a thorough inspection
of the slope. Vegetation.should be maintained.
There is no approved plan for the riser pipe that has been installed and the outlet pipe
is not visible. Engineered designs should be submitted to this office.
® The size of the emergency spillway should be studied by an engineer to assure it is
adequate to carry potential flows.
These conditions appear serious and justify further engineering study to determine appropriate
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.ne.us One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer Natimally

Notice of Deficiency
Moore's Dam
March 13, 2009
Page 2 of 2
remedial measures. In the event of a dam failure, human life and significant property would be
endangered because of the downstream location of homes and the road.
Our records show that on September 7, 2007, Jeffrey Brown of Envision Associates Inc. provided
a Summary Report of the findings of their assessment of this dam. Hubert Hawkins of the
Division of Land Resources Raleigh Office responded to this report on April 8, 2008. This letter
notes that "prior to issuance of an approval to repair, additional information or revision is
requested" for several items. Our files do not show any further communication from Envision
Associates. You were then sent a Notice of Inspection with Maintenance on June 16, 2008. You
responded with a letter of June 19, 2008.
In order to ensure the safety of this dam, you are directed to continue to retain the services of a
registered professional engineer or an experienced engineering firm to address the outstanding
issues in the letter from Hubert Hawkins to Jeffrey Brown on April 8, 2008. Plans and
specifications for repair based on the results of the study must be filed with the Division of Land
Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter
2K - Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to this
office by March 31, 2009.
In addition to the above, the following remedial actions, not requiring design or approval, should
be completed by March 31, 2009. These items include the following:
Clear slopes of vegetation and monitor sloughing areas.
An Emergency Action Plan (EAP) was received on January 12, 2009 and is under review at this
time. You will receive a response to this EAP within 60 days of receipt.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do
not receive notification on or before March 31, 2009, we shall present the case information for
appropriate enforcement action. Enforcement action could include a civil penalty of up to $500.00
per day of violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this
dam, and/or injunctive relief to gain compliance.
Sincerely,
C�
Janet S. Boyer, PE
Regional Engineer
cc: Steve McEvoy, PE, State Dam Safety Engineer
GRoger,E wa'rds,�Su,rface"Vyater3Paro e*ctian RegLionai p'eryis :r
Ploore`s D,ar i\PIOC 3_2_0�'.do

E VEIr ���
NCDENR MAR - 6 2009
North Carolina Department of Environment and Natural Resources.__._.___.__
Division of Land Resources WATER QUAL ITY SECTION
Land Quality Section P R.SHEVILLE EGIONAL OFFICE
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
February 26, 2009
Mr. James R. and Mrs. Linda J. Smith
21 Smith Lake Road
Leicester,North Carolina 287-9344
RE: Smith Lake Dam
Buncombe.County
State Dam ID: BUNCO-057-I
Dear Mr. and Mrs. Smith:
This is to acknowledge receipt of your application dated February 24, 2009 for the breaching of
the subject dam. The application was received in our office on February 26, 2009. The
minimum application processing fee of$200.00 (Check No. 6749) was also received on February
26, 2009.
There are two fees for processing applications for approval concerning dams: (1) the minimum
application processing fee and(2)the additional application processing fee. The fees and a
calculation worksheet can be viewed at URL htlp://,,�,NvA,.dlr.enr.state.ne.us/pages/danifees.html.
Applications requiring an approval to breach a dam will be reviewed by this office in the order
they are received, except that existing high hazard potential dams with known safety problems
will be prioritized. We endeavor to respond to applications within 60 days of receipt of the
application.
Please contact Ms. Janet Boyer,Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa,North Carolina 28778, telephone number(828) 296-4500, or me at telephone
number(919) 733-4574 should you have any questions concerning this matter.
Sincerely,
avM. McEvoy,P N;AR 0 6 2009
State Dam Safety Engi�re
Land Quality Section i -
SMM/JCR
1612 Mail Service Center, Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604•Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.htmi
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

F
nd Mrs. Smith
ary 26, 2009
2 of 2
cc: Mr. Jacob R. Grieb, PE,Design Engineer—LandDesign, Inc.
Ms. Janet Boyer, PE, Land Quality Regional Engineer
L sae_. ter �t otcni
File Number:BUNCO-057 20090226 RECT—Smith Dam-breach

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman, Secretary
February 24, 2009
Mr. Boyett
Kyfields Condominiums ;4
PO Box 1595 MAR - 3 2009 f
I F.>
Weaverville,North Carolina 28787 __ I
VdATER QUALITY SECT ION
RE: Kyfields Condominiums Dam _P,SHEVIL.�E RELIIZ"`'AL'2-FE
Buncombe County
State Dam ID: BUNCO-084
Dear Mr. Boyett:
This is to acknowledge receipt of your Emergency Action Plan(EAP) dated February 11,2009
for the subject dam. The application was received in our office on February 23, 2009.
Emergency Action Plans (EAPs)will be reviewed by this office in the order they are received,
except that existing high hazard potential dams with known safety problems will be prioritized.
We endeavor to respond to EAPs within 60 days of receipt of the application.
Please contact Ms. Janet Boyer,Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa,North Carolina 28778, telephone number(828)296-4500, or me at telephone
number(919) 733-4574 should you have any questions concerning this matter.
Since ply,
(;�StevendMi�CE'voy, E
State Dam Safety Engineer
Land Quality Section
SMM/JCR
cc: Ms. Janet Boyer,PE, Land Quality Regional Engineer
Ms. Tami Idol, EI, Assistant State Dam Safety Engineer
File Name:BUNCO-084 20090224 RECT EAP Kyfields Condominiums
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604•Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Sea
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman,Secretary
February 25, 2009
lI
Mr. Ben G. Glunt, PE I'�A R - 3 2009 L�J f
Florence &Hutcheson Inc.
� � i
1300 Ridenour Boulevard, Suite 300 V`'ATcR QI,aLITY SECTIor
'IOiVAL OFF ICE
Kennesaw, Georgia 30152
RE: Ashley Woods Dam
Buncombe County
State Dam ID: BUNCO-095-H
Dear Mr. Glunt:
A review has been made of the preliminary repair plan dated October 28, 2008,received by this
office on December 29, 2008 for the referenced dam. We concur with the high hazard
classification and general design concept for repair outlined in this report. However,.the
following comments are offered:
1. Please provide boring logs and any accompanying geotechnical evaluation with final design
documents.
2. Please provide topography and/or storm drainage diagrams with final design documents
showing that drainage from the north side of Carolina Bluebird Loop is intercepted and
rerouted away from the reservoir area.
3. It is assumed that the existing 6-inch PVC spillway pipe will be abandoned and removed.
4. It is assumed that project specifications will accompany final design documents and that a
section of same will be devoted to earthwork.
5. It is noted that this dam is currently displaying signs of stress within the earthen embankment.
Preparations should be made to drain this reservoir by temporary siphon should stress
symptoms become more serious.
6. It is noted that your firm is located in Kennesaw, Georgia, approximately four hours by
automobile travel from the dam site. Please note that the design engineer for any dam project
approved in North Carolina will be responsible by approval stipulation for construction
supervision at the site to the extent of enabling a statement of compliance with approved plans.
Before beginning repair work on the referenced dam, 2 sets of plans and specifications for repair work
must be filed with the Division of Land Resources and approved pursuant to Title 15A, Subchapter 2K
of the North Carolina Administrative Code.
1612 Mail Service Center,Raleigh, North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh,North Carolina,27604• Internet:http://www.dlr.enr.state.nc.us/pages/iandqualitysection.html

FFebruary
G. Glunt, PE
oods Dam
25, 2009
Page 2 of 2
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the local erosion and sediment
control program having jurisdiction should be contacted to determine permit requirements. In
any case, sediment must be prevented from entering the waters of the state or flowing onto
neighboring property.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway 70,
Swannanoa,North Carolina 28778, telephone number(828) 296-4500, or me at telephone number
[phone] should you have any questions concerning this matter. "
Sincerely,
Steven M. McEv y,
State Dam Safe ngi eer
Land Quality Section
cc: Ashley Woods Property Owners Association
Ms. Janet Bo er,PE, Land Quality Regional Engineer
t r ' S0073ea
File name: BUNCO-095 20090225 AOPDR Ashley Woods Dam

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
February 20, 2009
Lake View Park Commission
C/o Mr. Hugh Lamb
48 Stratford Road
Asheville,North Carolina 28804 �� FEB 2 4 2009 1
RE: Beaver Lake Dam
---�
W
BUIT1COmbe County WATER G?UALITY SECTION
y _ AS_I-IE\_/I_L_LE REGIONA—L OFrICE
State Dam ID: BUNCO-005-H ~
Dear Mr. Lamb:
This is to acknowledge receipt of your Emergency Action Plan(EAP) dated February 17, 2009
for the subject dam. The application was received in our office on February 19, 2009.
Emergency Action Plans Applications will be reviewed by this office in the order they are
received, except that existing high hazard potential dams with known safety problems will be
prioritized. We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number(828) 296-4500, or me at telephone
number(919) 733-4574 should you have any questions concerning this matter.
Sincerely,
Steven M. McEv y,
State Dam Safety weer
Land Quality Section
SMM/JCR
1612 Mail Service Center,Raleigh, North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina,27604- Internet:http://www.dlr.enr.state.nc.us/pages/Iandqualitysection.htmI
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Few Park Commission
Hugh Lamb
f 2
cc: Mr. J.C. Bumgarner, PE, Design Engineer—Pinnacle Engineers PC
Ms. Janet Boyer, PE, Land Quality Regional Engineer
File Name—BLTNCO-005 20090220 RECT EAP—Beaver Lake Dam
`i

NCDENR t
F E B - 4 2009
North Carolina Department of Environment and Natural escurces
Division of Land Resources WATER QUALITY SECTION
Land Quality Section ASHEVILLE REGIONAL OFFICE
James D. Simons, PG, PE Beverly Eaves Perdue,Governor
Director and State Geologist - Dee Freeman,Secretary----
January 29, 2009
Ashley Woods Property Owners Association
Mr. Toby Weis, President.
Post Office Box 124
Skyland,North Carolina 27776 -------- -- ---- - -- -
RE: Ashley Woods Dam
Buncombe County
State Dam ID: BUNCO-095
Dear Mr. Weis:
This is to acknowledge receipt of your preliminary application and hazard review classification
request dated December 15,2008 for the repair of the subject dam. The application was received
in our office on December 29, 2008.
Applications requiring an approval to repair a dam will be reviewed by this office in the order
they are received, except that existing high hazard potential dams with known safety problems
will be prioritized. We endeavor to respond to applications within 60 days of receipt of the
application.
Please contact Ms. Janet Boyer,Regional Engineer,Land Quality Section, 2090 U.S. Highway
70, Swannanoa,North Carolina 28778, telephone number(828)296-4500, or me at telephone
number(919) 733-4574 should you have any questions concerning this matter.
Sincerely,
teven M. McEvoy,P
State Dam Safety Engineer
Land Quality Section
SMNVJCR
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone] I FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604•Internet:http://www.dir.enr.state.nc.us/pages/landqualitysection.html

Feis
2009
cc: Mr. Ben G. Glunt, PE,Design Engineer
Ms. Janet Boyer, PE, Land Quality Regional Engineer
`7Surface Water P=rotection Su ery s-gr
File name:BUNCO-095_20090129 RECT Ashley Woods Dam

r•
C414
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman,Secretary
January 15, 2009
Mr. William Y. Moores and
Ms. Sarah York
40 Moores Pond Rd.
Fairview, North Carolina 28739
RE: Moore's Dam
Buncombe County
State Dam ID: BUNCO-041-H
Dear Mr. Moores and Ms. York:
This is to acknowledge receipt of your Emergency Action Plan (EAP) dated January 8,2009 for
the subject dam. The EAP was received in our office on January 12, 2009.
Emergency Action Plans will be reviewed by this office in the order they are received except that
existing high hazard potential dams with known safety problems will be prioritized. We
endeavor.to respond to applications within 60 days of receipt of the application.
----Please contact-Ms.-Janet Boyer,Regional-Engineer,-Land-Quality-Section,-2090-U.S.Highway ——
70, Swannanoa,North Carolina 28778, telephone number(828) 296-4500, or me at telephone
number [phone] should you have any questions concerning this matter.
Sincerely,
L
l,. ,
even M. McEvoy
State Dam Safety Engin l
Land
.Quality Section JAN 1
2 = 1
W 2009
SMM/JCR
WATER QUALITY SECTION
i SHE'„'ILLE PEC,101NIAL OFFICE J
cc: Ms. Janet Boyer, PE, Land Quality Regional Engineer
Ms. Tami V. Idol, EI, Assistant Dam Safety Engineer
IrSrtarfa W"a�ter-ProteotionlFS pery 5
1612 Mail Service Center,'Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina,27604•Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
March 31, 2008 n
El
Mr. Charles Bennett, Manager P
Crowfields Condominium Association AAi'R _—.4. 2008
1745 Hendersonville Road
Asheville,North Carolina 28803
` WATER QUALITY SECTION
�SHEVILLE REGIONAL OFFICE
RE: Crowfields Condominium Lower Dam
Buncombe County
State Id. BLJNCO-018-H
Dear Mr. Bennett:
A review has been made of the Emergency Action Plan(EAP) dated December 31,2007 for the
referenced dam located on a tributary to Dingle Creek. This EAP is acceptable to the Dam
Safety Program with the following condition.
Add after the Local Emergency Management Office in Sequence 2: Contact 911
Please note that the EAP should be updated annually and copies distributed to each of the parties
listed on Page 6.
Thank you for your cooperation in maintaining and operating this dam in a way that promotes
public safety. Please contact this office if we may be of assistance.
.Sincerely,
Francis M. Nevils, Jr., PE
Section Chief
cc: Mr. Jerry VeHahn Buncombe County Emergency Manager
1VI�= oger--E-d-vamds;-Surface Wat��L'rote�e-tron:--Regional uS-pe'r-v ser
Ms. Janet Boyer, PE, Regional Engineer
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

WCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Sk ion,: :,:. ..,..
James D. Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist ._.William G. Ross Jr.,Secretary
November 21, 2008
ij
I' DEC - 3 2008 ,
j
Mr. Sam Moore AZ 71 sEcrioN
�GHEVILLE
Stone Mountain School - REGI---
ONAL OFFICE
126 Camp Elliot Road
Black Mountain,North Carolina 28711
RE: Stone Mountain School Dam
Buncombe County
State I.D.Number BUNCO-023
Dear Mr. Moore:
A review has been made of the record drawings, and engineer's certification for the breach of the
referenced dam. These documents were submitted under cover letter dated October 10, 2008 and received
in this office on October 14, 2008. After inspection by staff from the Asheville Regional office and
review of the submitted documents,it has been determined that the following issues must be resolved
before an approval of the breach can be granted:
1. The "Record Drawings"show that NAG SC250 and S75 were installed in the breach channel and side
slopes;however,these materials were not observed during our inspection. Please see that these
materials are installed as shown on the "Record Drawings"so the breach is adequately protected for the
design flows and surface runoff.
Once this item is addressed,the staff from the Asheville Regional office will conduct a follow-up
inspection and approval of the breach can be granted.
Sincerely,
Steven M. McEvoy, E
State Dam Safety Engin er
SMM/WHH
cc: Dale E Pennell,PE,PLS
MI R ^lAvt s' rSurface Water Protection Regional Supervisor
Ms. Janet Boyer,P ,Land Quality Regional Engineer
1612 Mail Service Center,Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer.—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D.Simons, PG, PE Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
October 23, 2008
Wilderness Properties, LLC
Attn: Mr. Sam Moore
601 Camp Elliot Road OCT 3 0 2008
Black Mountain,North Carolina 27811
RE: Stone Mountain School Pond Dam
Buncombe County
BUNCO-023-L
Dear Mr. Moore:
This is to acknowledge receipt of two sets of record drawings dated October 9, 2008, and
received in this office on October 14, 2008, certifying that the removal of Stone Mountain School
Darn in Buncombe County,North Carolina,has been completed. We also received two sets of
color photographs of the work. In addition we received your check#60731 in the amount of
$149.98 for the additional Application Processing Fee, a copy of the contractor's invoice for the
breach, a notarized Owner's Certification, an Operation and Maintenance Manual, and an
Emergency Application Plan.
Please contact Ms. Janet Boyer,PE, Regional Engineer at telephone number(828) 296-4500, or
me at telephone number(919) 73374574 should you have any questions concerning this matter.
Sincerely,
Steven M. McEvoy,
'y State Darn Safety En i eer
Land Quality Section
SMM/JCR
cc: Ms. Janet Boyer, PE,DLR Regional Engineer
RVE, DWQ Regional Supervisor
Mr. Dale E. Pennell, PE, PLS, Design Engineer
1612 Mail Service Center, Raleigh,North Carolina 27699-1612 -919-733-4574 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

Fla
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr., Secretary
Certificate of Approval
June 29, 2007
Mr. Alan MacNair ® Q
Post Office Box 87
Gerton, North Carolina 28735 JUL 18 2008
RE Approval to Breach
MacNair Dam WATER QUALITY SECTION
Buncombe County ASHEVILLE REGIONAL OFFICE
BUNCO-090
Dear Mr. MacNair:
This is in response to your submission dated April 17, 2007 and received on April 30,2007 of
plans, specifications and design data for the breach of the subject dam in compliance with the
Dam Safety Law of 1967. Also, Check Number 1083 in the amount of$200.00 serving as the
minimum application processing fee was received on April 30, 2007. The plans, specifications
and design data were prepared under the supervision of Mr. Anthony Hauser, PE.
This letter constitutes approval of your proposal to breach the subject dam according to the plans
and specifications received by this Division on April 30,2007 with the following stipulations:
1. Project construction shall be supervised by Mr. Anthony Hauser,PE.
2. During construction, the Division of Land Resources may require such progress reports
as are deemed necessary.
3. The lake or pond shall be drained in such a manner as to preclude off-site sedimentation
prior to beginning any work on the dam or its appurtenances.
4. Upon completion of the project,Mr. Anthony Hauser,PE shall inspect the completed
work and upon finding(a) that the work has been done as specified, (b)that the breach
has been sufficiently stabilized to restrain accelerated erosion, and(c)the remains of the
dam are safe, shall file with the Division of Land Resources two sets of record drawings
and a certificate stating that the work has-been completed in accordance with the
approved plans and other requirements, and the remains of the dam are safe.
Geological Survey• Land Quality•Geodetic Survey
Division of Land Resources•1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604
919-733-38331 FAX: [phone] Internet: www.dlr.enr.state.hc.us/dlr.htm
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Mr. MacNair
June 29, 2007
Page 2
5. You must notify Ms. Janet Boyer, PE, Regional Engineer, Land Quality Section, 2090
US Highway 70, Swannanoa, North Carolina 28778, telephone number [phone] a
minimum of ten days before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Enclosed are a cost certification form and an explanation of the final processing fee calculation.
An additional fee will be required when the cost certification and engineer's certifications are
submitted if the cost for removal of the dam exceeds $10,000.00. The cost certification form
must be completed and returned with the engineer's certification in any event.
Construction must begin within one year of the date of this approval or the approval is void. For
assistance, you may contact Ms. Janet Boyer, PE, at [phone].or a member of the Central
Office dam safety staff at (919)'733-4574.
Si rely,
ames D. Simons, PG, PE
Director and State Geologist
JDS/mrf/whd
Enclosures
cc: Mr. Anthony Hauser, PE
Ms. Janet Boyer, PE
Mr. Roger Edwards

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor William G. Ross Jr., Secretary
James D. Simons, PG, PE Janet Boyer, Regional Engineer
May 4, 2006
NOTICE OF DEFICIENCY
CERTIFIED MAIL —7004 0750 0000 2593 4697
RETURN RECEIPT REQUESTED
FASH- E
1 2006
Mr. John and Mrs. Carrie Lynn McClung
—�I
817 Starnes Cove Roadu S CTIO„1
GIO`NAL OFFICE
Asheville, North Carolina 28806 --___
RE: Starnes Cove Upper Dam —Buncombe County
State Dam ID No. BUNCO-076
Starnes Cove Lower Dam — Buncombe County
State Dam ID No. BUNCO-060
Dear Mr. & Mrs. McClung:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the
interest of public health, safety, and welfare, in order to reduce-the risk of failure of dams, to
prevent injuries to persons, damage to downstream property, and to ensure the maintenance
of stream flows.
A visual inspection of the referenced dam was conducted on April 27, 2006 by staff of the
Land Quality Section Asheville Regional Office. During this inspection, the following
conditions were noted:
1. The breach area on the Starnes Cove Upper Dam has been filled with rubble.
2. The newly installed corrugated metal culvert on the Starnes Cove Lower Dam has
sandbags installed inside the culvert.
3. The Upper and Lower dams are in generally poor condition.
These conditions appear serious and justify further engineering study to determine
appropriate remedial measures. In the event of a dam failure, human life and significant
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone]♦ Fax [phone] One
www.enr.state.nc.us/ NorthCaroliria
An Equal Opportunity/Affirmative Action Employer Naturally

Notice of Deficiency
John and Carrie Lynn McClung
May 4, 2006
Page 2 of 2
property would be endangered because of the downstream location of dwellings, commercial
buildings and roadways.
The deficiencies outlined above have caused the normal water level of the lakes to rise
above allowable levels. The sandbags placed in the culvert of the Starnes Cove Lower Dam
do not allow debris to flow freely through the culvert and could potentially obstruct if. No re-
impoundment of the lakes can be permitted until repair plans are developed by an engineer,
submitted and reviewed for approval (G.S. 143-215.27).
In order to ensure the safety of this dam, you are directed to retain the services of'a
registered professional engineer or an experienced engineering firm to make a study of the
conditions outlined in this letter. 'Plans and specifications for repair based on the results of
the study must be filed with the Division of Land Resources for approval pursuant to the
North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K).-
Two copies of an emergency action plan for this dam shall be submitted to this office by
June 30, 2006.
In addition to the above, the following remedial actions, not requiring design or approval,
should be completed by May 19, 2006. These items include the following:
1. The rubble in the breach area of the Starnes Cove Upper Dam shall be removed
and the breach restored to its previous condition.
2. The sandbags in the culvert on the Starnes Cove Lower Dam shall be removed to
allow unobstructed flow through the entire area of the culvert.
An updated emergency action plan (EAP) will be required for this dam if one is not already on
file. If an existing EAP has not been updated in the past year, the downstream hazards shall
be checked and all contact information should be verified. Two copies of the EAP shall be
submitted to the Division of Land Resources, and a copy shall be provided to the local
emergency management office.
Please contact us'at 828-296-4500 to advise us of your intended action in this matter. If we
do not receive notification on or before May 19, 2006, we shall present the case information
for appropriate enforcement action. Enforcement action could include a civil penalty of up to
$500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or
removal of this dam, and/or injunctive relief to gain compliance.
Sincerely,
net S. Boyer
egional Engineer
----------------
cc: tmr 'Roger-Edwar-ds, Surface-Water Protection Regional Supervisor
LMaxwelhl_owler- PE,-State-Dam Safety Engineer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary "
August 1, 2006 `._....... _..
Kenilworth Lake Commision �Y
i
C/o Tom Champaone, President
20 East Shore Drive AU G - 9 2006
Asheville, North Carolina 28805
WATER QUALITY SECTION
RE: Lake Kenilworth Dam ASHEVILLE REGIONAL OFFICE
Buncombe County
BUNCO-036 H
Dear Mr. Champaone:
A review has been made of the Emergency Action Plan (EAP) dated August 4, 2005 for the
referenced dam located on Ross Creek in the French Broad river basin. This EAP is acceptable
to the Darn Safety Program. Please note that the EAP should be updated annually and copies
distributed to each of the parties listed on Page four. Please make the following changes to your
copy of the EAP as follows:
1. Due to the reverse 911 system in place for most counties in North,Carolina, County
Emergency Management offices have requested that the call number for emergencies
should be 911 instead of the actual office number as given on page three of this
document.
2. Please include the State Identification number for this dam on the front cover and page
six of this document.
Thank you for your cooperation in maintaining and operating this dam in a way that promotes
public safety. Please contact this office if we may be of assistance.
Sincerely,
Tam] V. Idol, EI
cc: Mr. David Herbert, Kenilworth Lake Commission
Mr. M. Jerry VeHaun, Director Buncombe County Emergency Management Agency
Mr-Roger Edwards,,Surface Water-Prote_ctiori Regional-Supervisor -`
Ms. Janet Boyer, PE, Regional Engineer
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574/FAX: [phone]
512-North Salisbury Street, Raleigh, North Carolina, 27604
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
August 10, 2006
Mr. James W. Caldwell
The John R.McAdams Co.
Post Office Box 14005
Research Triangle Park,NC 27709
RE: Caldwell Dam
Buncombe County
Dear Mr. Caldwell: .
This is to acknowledge receipt on July 25, 2006 of as-built drawings, documentation, and.certification for
the repair of the subject dam. The Emergency Action Plan was received August 29,2005. A copy of the
submittal has been sent to the Asheville Regional Office for a field inspection. We endeavor to respond
to applications within 60 days of receipt of the application.
Please contact Ms. Janet Boyer,Regional Engineer at telephone number(828)296-4500; Ms.Tami Idol,
EI,Assistant State Dam Safety Engineer;Mr.W.Hubert Hawkins,PE,Assistant State Dam Safety
Engineer; Mr.Bill Denton, EI,Assistant State Dam Safety Engineer,or Max Fowler,PE, State Dam
Safety Engineer at telephone number(919) 733-4574 should you have any questions concerning this
matter.
Sincerely,
Maxwell R.Fowler,PE
State Dam Safety Engineer
cc: M doge_ dw rds;Wa er Quahtyy'e:gionaLSuperv7isor,
Ms.Janet Boyer,PE,Land Quality Regional Engineer
�ED
i AUG 1 6 2006
CIUALIT`(SFCTTIO
J_F
1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604
919-733-45741 FAX: [phone] Internet: www.dlr.enr.state.nc.us/dlr.htm
An Equal Opportunity l Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Ale
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
Certificate of Approval
September 25, 2006
Mr. Wayne Caldwell
Post Office Box 648 m,
Candler,North Carolina 28715
SEP 2 7 2006 1
I
I
Mr. James W. Caldwell, PE WATER QUALITY SECTIONASi IEVILLE REGIONAL OFFICE
The John R. McAdams Co. -----
Post Office Box 14005 ;.
Research Triangle Park,NC 27709
RE: Approval of Repairs
Caldwell Dam
State I.D. BUNCO-037
Dear Sirs:
This concerns the subject dam recently repaired pursuant to issuance of an Approval to Repair on
August 23, 2005 as required by the Dam Safety Law of 1967. Record Drawings and the
engineer's'certification were received on July 26, 2006. An inspection of this dam was made by
Land Quality Section staff of the Asheville Regional Office on September 21,2006. The dam
was found to be in general conformance with the approved plans and specifications, and you may
impound water. An inspection letter is being sent to you by the Asheville Regional Office with
recommendations for maintenance of the dam. In addition, Phase II of the repairs should be
designed and submitted for review.
The Land Quality Section staff will make periodic inspections of this dam to assure that the dam
is being maintained in good operating condition. These inspections,however,will be relatively
infrequent. It is advised that you closely inspect and monitor your dam and that you notify the
Division of Land Resources if you see or suspect any problems concerning its safety.
Sincerely,
Maxwell R. Fowler, PE
State Dam Safety Engineer
cc: cMY Roger Edwards,,Surface_Water Protection Regional Supervisor
Ms. Janet Boyer, PE, Land Quality Regional Engineer
16.12 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor William G. Ross,Jr., Secretary
James D. Simons, PG, PE Janet S. Boyer;:Regional.Engineer_
October 6, 2006
NOTICE OF DEFICIENCY DD U
i
CERTIFIED MAIL-7002 0460 0001 9899 3103
OCT — 9 2006
RETURN RECEIPT REQUESTED
WATER QUALITY SECTION
Mr. Alan MacNair ASHEVILLE REGIONAL OFFICE
Post Office Box 87 a _.
Gerton, North Carolina 28735
RE: MacNair Dam— Buncombe 090
The North Carolina Dam Safety Law of 1967 provides for the certification and inspection of dams in the
interest of public health, safety, and welfare, in order to reduce the risk of failure of such dams;to prevent
injuries to persons, damage to property, and to ensure the maintenance of stream flows.
A visual inspection of the referenced dam was conducted on October 3, 2006 by Laura Herbert and
Cathy Tyndall of the Land Quality Section, Asheville Regional Office. Based on the above-referenced
site inspection, our office has determined that a high hazard potential classification is presently
warranted based on the proximity of SR 3138 and a residence downstream. This being the case, the
dam must be regulated by the Dam Safety Program under the Dam Safety Law of 1967 and the North
Carolina Administrative Code 15A-2K.
During this inspection, the following conditions were noted:
1. Large trees and bushes are growing on the downstream slope, the upstream slope, and the
top of the dam. All overgrowth,Jncluding these trees and bushes must be removed to insure
the safety of the dam. Removing the large trees including the roots and stumps will require
engineering to assure proper soil is used and adequate compaction is achieved.
2. There is no evidence of a principal or emergency spillway. This dam must have a properly
operating principle and emergency spillway to continue to impound water. An engineering
study is required to properly evaluate and repair these spillways.
3. There is erosion occurring on the downstream slope of the dam from the adjacent creek. An
engineering study is required to properly evaluate the structural integrity of the dam and to
repair as necessary.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures. In the event of a dam failure, human life and significant property would be
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone] One
www.enr.state.nc.us NorthCarolina
An Equal Opportunity/Affirmative Action Employer WU RAY

Letter of Deficiency
Mr. Alan MacNair
October 6, 2006
Page 2 of 2
endangered because of the downstream location of residences and State Road 3138 (Upper Brush
Creek Road).
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions outlined in
this letter. Plans and specifications for repair or breeching based on the results of the study must be
filed with the Division of Land Resources for approval pursuant to the North Carolina Administrative
Code, Title 15A, Subchapter 2K- Dam Safety (15A NCAC 2K). Two copies of this study and plan
dam shall be submitted to this office by January 31, 2007.
Prior to-'beginning repair or breeching of the dam, these plans and specifications, along with the data
and calculations necessary to develop them must be submitted to the State Dam Safety Engineer for
review and approval. Enclosed is a list of items that must be included in the plans and specifications.
An initial application fee of$200.00 must be included. Enclosed is an explanation of how the final
processing fee will be calculated. On issuance of approval, repair or breeching may begin under
the supervision of an engineer.
Also, the erosion and sediment control program having jurisdiction should be contacted to determine
permit requirements. In this case, the person to contact is Mr. Michael Brookshire, Erosion Control
Officer with Buncombe County (250-4848). In any case, sediment must be prevented from entering
the waters of the state or flowing onto neighboring property.
An updated emergency action plan (EAP) will be required for this dam. If an existing EAP has not
been updated in the past year, the downstream hazards shall be checked and all contact information
should be verified. Two copies of the EAP shall be submitted to the Division of Land Resources, and
a copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. We look
forward to receiving this notification in our office on or before November 15, 2006. Failure to comply
with the requirements of this letter within the timeframes specified may result in enforcement action
including a civil penalty of up to $500.00 per day of violation, and/or issuance of a Dam Safety Order
requiring the repair or removal of this dam, and/or injunctive relief to gain compliance.
Sincerely,
et S. Boyer, PE
Regional Engineer
cc: cgr -,rcf' Surface1,17,aelydotetionReaonalS�rpe7visr
Maxwell Fowler, PE, State Dam Safety Engineer
Attachments
G:\LQ\Buncombe\Dams\09OMacNairDam\NOD.10.06.2006.doc

APPLICATION PROCESSING FEES FOR CONSTRUCTION,
ENLARGEMENT OR REMOVAL OF DAM
The 1990 General Assembly authorized in General Statute (G. S.) 143-215.28A the required
payment of application processing fees for the construction of new dams, and for the
enlargement or removal of existing dams. The total fee amount is based on the cost of the
completed project with a Minimum Application Processing Fee of$200.00
The cost of the completed project includes all labor and materials costs associated with the
construction, enlargement or removal of a dam and appurtenances. The cost of the completed
project, however, does not include costs associated with engineering design or quality control
testing, land or right-of-way acquisition, electrical generating machinery, or constructing a
roadway across the dam.
There are two types of fees: (1) the "Minimum Application Processing Fee," and (2) the
"Additional Application Processing Fee." These two types of fees are described below.
The Minimum Application Processing Fee is $200.00. This is an initial review fee and must be
submitted with the application for construction, enlargement or removal of a dam along with a
preliminary estimate of the cost of the completed project. The State's review of an application
will not commence if the Minimum Application Processing Fee is not submitted with the
application.
If the cost of the completed project exceeds $10,001.00, an Additional Application Processing
Fee must be submitted at the completion of the project. The Additional Application Processing
Fee must be submitted along with the dam owner's certification of the cost of the completed
project; the engineer's as-built plans; and the engineer's certification that the dam and all
appurtenances have been constructed, enlarged or removed in conformance with the approved
plans and specifications.
The Additional Application Processing Fee is based on the cost of the completed project and is
calculated according to the following percentages:
(a) 2% of the actual costs between $10,001.00 and $100,000.00
(b) 1.5% of the actual costs between $100,001.00 and $500,000.00.
(c) 1% of the actual costs between $500,001.00 and $1,000,000.00
(d) 0.5% of the actual costs over$1,000,000.00.
The maximum Additional Application Processing Fee is $50,000.00.
The Additional Application Processing Fee must be for the exact amount as determined
from the percentages above and must be paid for by check or money order made payable to
NCDENR. DO NOT SEND CASH. If the amount of the Additional Application Processing Fee
remitted is incorrect, it will be returned as unacceptable. An approval to impound will not be
issued until receipt of the required Additional Application Processing Fee and an as-built
inspection by the Division of Land Resources, Land Quality Section determines that the dam is
in compliance with the approved plans and specifications. It should be noted that only the

ATJU'�
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D.Simons, P.G., P.E. Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
November 13, 2006
Mr. Wayne Caldwell
Post Office Box 648
Candler,North Carolina 28715
RE: Phase 2 Repair Plans
Caldwell Pond Dam
State I.D. BUNCO-037
Dear Mr. Caldwell:
This is to acknowledge receipt of your application dated October 31,2006 for Phase 2 of the
repairs of the subject dam. The application was received in our office on November 6, 2006
from Mr. James W. Caldwell, PE.
Applications requiring an approval to repair a dam will be reviewed by this office in the order
they are received except that existing high hazard potential dams will be prioritized. We
endeavor to respond to applications within 60 days of receipt of the application.
Youmay contact Ms. Janet Boyer, PE, Regional Engineer at telephone number(828)296-4500;
Mr. W. Hubert Hawkins,PE, Assistant State Dam Safety Engineer, or myself at telephone
number(919) 733-4574 should you have any questions concerning this matter.
Sincerely,
' I
Maxwell R. Fowler,PE NOV 1 5 2006
State Dam Safety Engineer
.,+. WATER QUALITY SECTION
cc: Mr. James W. Caldwell,PE, The John R. McAdams Com� an ASHEVILLE REGIONAL OFFICE
Mr Roger Edwards;'Surface Water Protection Regional Supervisor,.
Ms. Janet Boyer,PE,Regional Engineer
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

AN1
.A
�w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
November 13, 2006
Mr. Dan Pannell,President
Flat Top Mountain, Inc.
874 Flat Top Mountain Road
Fairview,North Carolina 28730
RE: Flat Top Mountain Dam
State I.D. BUNCO-025
Dear Mr. Pannell:
This is to acknowledge receipt on November 2, 2006 of your application dated October 2,2006
for the repair of the subject dam. The application was received from Dr. B. Dan Marks,PE.
Applications requiring an approval to repair a dam will be reviewed by this office in the order
they are received except that existing high hazard potential dams with known safety issues will
be given priority. We endeavor to respond to applications within'60 days of receipt of the
application.
An Emergency Action Plan and Operation and Maintenance Plan are also needed for this
structure prior to final approval of the repairs. Please contact Ms. Janet Boyer,PE, Regional
Engineer at telephone number(828)296-4500 or Ms. Tami Idol, EI, Assistant State Dam Safety
Engineer Safety Engineer at telephone number(919) 733-4574 should you have any questions
concerning this matter. ------------
- . . ... r.^�... . . .-
Sincerely,
^� (�
NOV 1 5 2006 1 :
Maxwell R. Fowler,PE
Stat
e e Dam Safety Engineer �- SECTION
WATER oUALIT(
ASHEVILLE REGIC�•IAL OFFiC�__:
cc: Dr. B. Dan Marks, PE
Mr..Roger:Edwards;:Surface-Water.,Protection Region-I.Supervisor:
Ms. Janet Boyer, PE,Regional Engineer
1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604
919-733A574\FAX: [phone]\Internet: www.dlr.enr.state.nc,us/dlr.htm
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
November 28, 2006
E C
NOV 2 9 2006
Mr. James W. Caldwell, PE
The John R. McAdams Co. WATER QUALITY SECTION
Post Office Box 14005 ASHEVILLE REGIONAL OFFICE
Research Triangle Park, NC 27709
RE: Caldwell Dam
Buncombe County
State I.D. BUNCO-037
Dear Mr. Caldwell:
A review has been made of the plans and_design data, received in this office on November 6,
2006, for the repair of the referenced dam. Prior to issuance of an approval to repair, additional
information or revision is requested for the following items as applicable:
General:
1. How was the datum (Buncombe County Metropolitan Sewerage District data)that was used
for the storage areas tied to the assumed datum used in the routings?
2. The SCS design of the original dam shows an emergency spillway width of 18 feet. Was
the original spillway constructed to this width and if so, how much of this width still exists?
3. More up-to-date rainfall data can be obtained at any point in the state from NOAA Atlas 14 at
the following web site: hftp://hdsc.nws.noaa.gov/hdsc/pfds/orb/nc_pfds.htmi. You may want
to use this source on future jobs.
Drawings:
Sheet SW-5
1. Please provide a description of the temporary-benchmark.
2. Please provide horizontal control for the three spillways shown. Is the temporary
benchmark substantial enough to use as a horizontal reference point?
3. Please provide a plan, profile and typical cross section for the emergency spillway.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604
An Cn—1 % nor,..,,..+;..,,A_4:_., cnni n__.._i_�

Mr. Caldwell
November 28, 2006
Page 2
Sheet SW-6
1. Please provide details of the trashrack including how it will be attached to the concrete
base. A maximum opening dimension less than the inside diameter of the pipe is
recommended. Please specify the required trashrack coating. Hot-dip galvanizing after
all fabrication is completed is suggested.
2. Since the pipe leading away from the upstream ball valve is perpendicular to the slope of
the dam,you may be able to eliminate the first 22.50 elbow and its thrust block.
3. Please provide a detail of the valve stem guide and the means of attaching it to the .
support.
4. Will socket or threaded pipe fittings be used?
5. Will a stainless steel stem be used? How will the stem connect to the valve. Since a '/
turn is all that will be needed to open the ball valve you might consider the use of a"T"
handle instead of a handwheel.
6. The use of a ball valve on the fill tube is suggested. The fill tube will need to be left open
during normal operation of the reservoir to prevent the pool from draining after each
storm that primes the siphon. The use of a service boxWith'the'tdp flushvithAhe top of
the dam is recommended at the fill tube entrance to prevent damage of the projecting
tube during normal maintenance.
7. Please provide dimensions for the concrete items.
8. Some means of protecting the ball valve and exposed PVC pipe at the downstream end
- of the siphon is recommended.
9. Please provide a typical cross section for the siphon trench. Side slopes should be'no .
steeper than 2 horizontal to 1 vertical.
10. What is the minimum cover over the siphon down the embankment slopes, excluding the
end sections?
Sheet SW-7
1. Please check"emercency" in Item 7 of the Construction Sequence.
2. In the General Notes please be more job specific with notes 1 thru 3.
3. Please check"wien" in Note 5 of the General Notes.
4. Must.the backfill be placed at optimum moisture content or would a range of ±2%of
optimum be acceptable?

Idwell
ember 28, 2006
age 3
It would greatly aid further application review if a response to each of the above comments were
made in a cover letter submitted with two sets of the revised plans, specifications, and design
data.
Should you have any questions concerning the above items, please contact W. Hubert Hawkins,
PE, Dam Safety Engineer or Mr. Maxwell R. Fowler, PE, State Dam Safety Engineer, at
telephone number(919) 733-4574.
Sincerely,
W. Hubert Hawkins
Dam Safety Engineer
W HH/
cc: Mr. Wayne T. Caldwell
�Mr Roger Edwards, s u�rface Water-,•Protection Regional-Su-pervisor
Ms. Janet Boyer, PE, Land Quality Regional Engineer

P;:A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D.Simons, P.G.,P.E. Michael F.Easley,Governor
Director and State Geologist Jr., Secretary William G. Ross
December 18,2006
CERTIFIED MAIL
RETURN RECEIPT �
I
7002 3150 0003 7051 9982Mr. Date Pannell JAN - 3 2007
Flat Top Mountain, !_ J
mac•
874 Flat Top Mountain Road waTER QUALITY SECTION
ASHEVILLE REGIONAL O;-FICE
Fairview,North Carolina 28730 :�` --- ------
RE: Approval to Repair
Flat Top Mountain Lake Dam
Buncombe County
BUNCO-025 H
Dear Mr. Pannell:
This is in response to your submission dated October 2,2006 and received on November 2,2006
of plans;specifications and design data for the repair of the subject dam in compliance with the
Dam Safety Law of 1967. These plans,specifications and design data were prepared under the
supervision of Mr. B. Dan Marks,Ph.D,PE. This letter constitutes approval of the proposal to
repair the subject dam according to the plans and specifications received by this Division on
November 2,2006 with the following stipulations:
1. Mr. B. Dan Marks,Ph.D,PE shall provide engineering supervision.
2. During construction,the Division of Land Resources may require such progress reports
as are deemed necessary.
3. Construction Specifications: Construction Sequence No. 6 states that Crown Vetch is to
be part of the seeding mixture. This type of vegetation is difficult to maintain,
encourages burrowing animal habitat and prevents a thorough inspection of a dam
embankment.
4. Please include an estimated grout take for the CMP on the construction drawings. This
will facilitate knowing whether or not grout is escaping from the pipe itself.
Geological Survey•Land Quality•Geodetic Survey
Division of Land Resources-1612 Mail Service Center,Raleigh,North Carolina 27699-1612
- 512 North Salisbury Street,Raleigh,North Carolina 27604
s 919-733-38331 FAX: [phone] Internet: www.dlr.enr,state.nc.usldlr.htm
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1101/6 Post Consumer Paper

Mr.Pannell
December 18, 2006
Page 2 of 2
5. Upon completion of the project,Mr. B. Dan Marks, Ph.D,PE shall inspect the completed
work and upon finding that the work has been done as specified and the dam is safe, shall
file with the Division of Land Resources two sets of record drawings and a certificate
stating that the work has been completed in accordance with approved plans,
specifications and other requirements.
6. The lake shall remain drawn down the proposed 8 feet until final approval is issued by
the Division of Land Resources for operation of this dam. Also, draining of the lake shall
be performed in such a manner as to preclude off-site sedimentation.
7. An emergency action plan (EAP)and an operation and maintenance (O&M)plan are
required for all high hazard dams. The O&M plan should address routine maintenance,
frequency of piezometer readings,frequency of inspections by the owner or the owner's
representative, and annual operation of the bottom drain to ensure that it is Panctional. It
is strongly recommended that the EAP be submitted prior to commencing repairs to deal
with problems that may arise during construction. Nevertheless, both the EAP and O&M
plan must be received prior to issuance of an approval to impound.
8. You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 US
Highway 70, Swannanoa,North Carolina 28778, [phone] ten days before the start
of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Construction of the repairs must begin within one year of the date of this document or this
approval is void. For assistance you may contact the Asheville Regional Office at(828)296-
4500 or a staff member of the Dam Safety Program in the Raleigh Central Office at telephone
number(919) 733-4574.
m erely,
v
es D. Simons,PG, PE
Director and State Geologist
cc: Mr. B. Dan Marks,Ph.D, PE
Ms. Janet Boyer, PE, Land Quality Regional Engineer
Mr—.-Roger-Edwards-Surface-.Water Protegtion-Regional=Supervisorir

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
December 21, 2006
J E V 1_]__-� ll
CERTIFIED MAIL '
RETURN RECEIPT REQUESTED L. ,Jl��l - 3 2007
7002 3150 0003 7052 0469
Wilderness Properties, LLC J -- ---- J
p ' 11/ATER C!ALITY SECTIOIV
Attn: Mr. Sam Moore Asp=viu_F RECIcr:AL OF-ICE
601 Camp Elliott Road -- -- _._ �._._..^._
Black Mountain,North Carolina 28711
RE: Emergency Approval to Breach
Camp Elliot (Stone Mountain School) Pond Dam
State I.D.: BUNCO-023
Broad River Basin
Dear Mr. Moore:
As discussed by phone on December 18, 2006 with you, Mr. Dale Pennell, PE, and dam safety
staff of the Land Quality Section Central Office, approval is being given to construct an
emergency breach in the dam until it can be repaired or permanently breached. This emergency
breach is required due to internal erosion that has been threatening the dam for the past few days.
The work shall proceed according to the following stipulations:
1. Mr. Dale Pennell, PE shall provide engineering supervision.
2. During construction, the Division of Land Resources may require such progress reports
as are deemed necessary.
3. A plan shall be submitted to the Division of Land Resources within fifteen days showing
how the remains of the dam will be stabilized, erosion controlled on all cut and fill slopes
associated with this work, sediment in the impoundment retained, sediment from the
construction areas retained, and a temporary ground cover established on all bare areas.
4. During and after construction of the emergency breach, the water in the impoundment
shall be maintained at a maximum depth of no more than five feet.
Geological Survey• Land Quality-Geodetic Survey
Division of Land Resources•1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604
919-733-38331 FAX: [phone] Internet: www.dlr.enr.state.nc.us/dlr.htm
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Mr. Sam Moore
December 21, 2006
Page 2
5. Upon completion of the project, Mr. Dale E. Pennell, PE shall inspect the completed
work and upon finding (a) that the work has been done as specified and (b) that the
breach has been sufficiently stabilized to restrain accelerated erosion, and (c) the remains
of the dam are safe, shall file with the Division of Land Resources two sets of record
drawings and a certificate stating that the work has been completed in accordance with
the approved plans and other requirements, and the remains of the dam are safe.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
You must keep records of the cost of constructing the emergency breach. If the dam is not
repaired within one year, an application-processing fee must be calculated according to the
enclosed information and submitted along with the notarized owner's certification. Enclosed are
a cost certification form and an explanation of the processing fee calculation. The fee will be
due when the engineer's certification and as-built drawings are submitted for a final breach of
the dam. If the dam is repaired within one year, no f e will be required.
For assistance, you may contact Mr. Hubert Hawkins, PE, or Max Fowler, PE or another member
of the Central Office dam safety staff at [phone].
c�rely,
ames D. Simons, PG, PE
Director and State Geologist
Enclosures
cc: Mr. Dale E. Pennell, PE
t`Mr.�Roger�Ed-wards;=Surface�Water-=Protection Regional..Supervisor-�
Ms. Janet Boyer,PE, Land Quality Regional Engineer
Revised November 20, 2006

ArT4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
January 12, 2007
Dr E C E
Mr. David Hanks
City of Asheville Water Resources Department JA NID
9 2007
i
Post Office Box 7148
Asheville,North Carolina 28802
WATER QUALITY SECTION
RE: Approval to Install Gate Operators and Chains LASHFVILLE REGIONAL OFFICE
North Fork(Bumette)Dam
State I.D.BUNCO-046 _..
Dear Mr.Hanks:
The report received in our office on January 10, 2007 by email from Mr.Don Basinger,PE,proposes the
installation of electric gate operators and new chains to the spillway gates of the North Fork Dam. A
power line is proposed to be buried in the crest of the dam as shown on the submitted drawing. This
work is approved as maintenance and no further submission of plans or specifications for review is
required. The work may proceed with the following stipulations:
1. Any conditions of the dam discovered during performance of the work that differ from those
expected or are cause for concern shall be reported to the Division of Land Resources.
2. The Division of Land Resources shall be notified when the work has been completed and if it was
done as planned or if any changes were necessary.
3: The work shall be done under the supervision of a legally qualified engineer.
If we may be of assistance.,you may contact Mr.Maxwell Fowler,PE, or other staff in the Central Office
Dam Safety Program at telephone number(919) 733-4574 or Ms.Janet Boyer,PE, in the Asheville
Regional Office at(828)296-4500.
S cerely,
James D. Simons,PE,PG
Director and State Geologist
cc: Mr.Donald Basinger,PE
Surface W--4ter'P:roteetion Regional Super—isox3
Ms.Janet Boyer,PE,Regional Engineer, Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NC®ENR
North Carolina Department of Epironment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
March 23, 2007 _
NOTICE OF DEFICIENCY
D �� 1
I
MAR 2 6 2007
CERTIFIED MAIL-7006 2150 0005 2459 3980 —
RETURN RECEIPT REQUESTED WATER QUALITY SECTION
5:.
ASHEVILLE REGIONAL CFFiCE
L,
Mr. Charles Holmes
863 Shumont Road __.,.... ..__...._. ... ........_.._.. . . .
Black Mountain,NC 28711
RE: Lake Charles Dam-035
Buncombe County
Dear Mr. Holmes:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of
public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to
persons, damage to downstream property, and to ensure the maintenance of stream flows.
An inspection of the referenced dam was conducted on February 20, 2007 by staff of the Land
Quality Section Asheville Regional Office. During this inspection, the following conditions were
noted:
• The dam has been modified without plans approved by the Division of Land Resources in
violation of General Statute (GS) 143-215.27. In addition, it is unknown to the Division whether
a legally.qualified engineer designed the modifications and supervised construction as required in
GS 143-215.29. A pipe has been installed in the fill of the dam that will discharge water such
that it will flow down the downstream slope of the dam. This will cause erosion and could cause
the dam to fail. Also, the pipe is corrugated plastic, a material that is not approved for i>se in high
hazard potential dams. It is unknown whether the compaction around the pipe is adequate.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures. In the event of a dam failure, human life and significant property would be
endangered because of the downstream location of residential dwellings.
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions outlined
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone] One
www.enr.state.nc.us NorthCarolina
An Equal Opportunity/Affirmative Action Employer naturally

Notice of Deficiency
Lake Charles Dam—035
March 23, 2007
Page 2 of 2
in this letter. Plans and specifications for repair based on the results of the study must be filed with
the Division of Land Resources for approval pursuant to the North Carolina Administrative Code,
Title 15A, Subchapter 2K- Dam Safety (15A NCAC 2K). Two copies of an emergency action plan
for this dam shall be submitted to this office by April 28, 2007.
In addition to the above, the following remedial actions, not requiring design or approval, should be
completed by April 28, 2007. These items include the following:
The lake shall be drained at a rate of approximately one foot per day in a manner that precludes the
discharge of sediment downstream and remain in a drained state until an approval to impound is
issued by the Division of Land Resources.
• Remove brush piles from the downstream slope of the dam.
An updated emergency action plan will be required for this dam if one is not already on file. If an
existing EAP has not been updated in the past year, the downstream hazards shall be checked and all
contact information should be verified. Two copies of the EAP shall be submitted to the Division of
Land Resources, and a copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not
receive notification on or before April 28, 2007, we shall present the case information for appropriate
enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of
violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or
injunctive relief to gain compliance.
Sincerely,
JJe
t S. Boyer, PE
gional Engineer
cc: 'Roger Edwards, Water Quality Regional Supervisor,
Maxwell Fowler, PE, State Dam Safety Engineer
G:\LQ\Buncombe\Dams\035 Lake Charles Dam\NOD Mod without approv 03-23-2007.doc

NCDENR
North Carolina Department of environment and Natural Resources
Division.of Land Resources
Land Quality Section
Michael F. Easley, Governor. William G. Ross, Jr., Secretary
James D. Simons, PG, PE Janet S. Boyer, PE, Regional Engineer
March 23, 2007
NOTICE OF DEFICIENCYrASHEV
E
I i
R 2 6 2007
CERTIFIED MAIL-7006 2150 0005 2459 3973 RETURN RECEIPT REQUESTED R QUALITY SECTIONL�REGIONAL OFFICE
CHPI, LLC ` ...
Mr. William Chewning
239 South Plains Drive
Asheville, NC 28803
RE: Franks Fishing Lake Dam
BUNCO-027
Buncombe County
Dear Mr. Chewning:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the
interest of public health, safety, and welfare, in order to reduce the risk of failure of dams, to
prevent injuries to persons, damage to downstream property, and to ensure the maintenance
of stream flows.
A visual inspection of the referenced dam was conducted on February 19, 2007 by staff of
the Land Quality Section Asheville Regional Office. During this inspection, the following
conditions were noted:
• The dam still has the capacity to impound water if the rusted riser pipe becomes
clogged. Please submit to this office an engineered plan to repair or breech the dam.
These conditions appear serious and justify further engineering study to determine
appropriate remedial measures. In the event of a dam failure, human life and significant
property would be endangered because of the downstream location of residential dwellings.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone] One
www.enr.state.nc.us NorthCarolina
An Equal Opportunity/Affirmative Action Employer naturally

Notice of Deficiency
Franks Fishing Lake Dam
March 23, 2007
Page 2 of 2
In order to ensure the safety of this dam, you are directed to retain the services of a
registered professional engineer or an experienced engineering firm to make a study of the
conditions outlined in this letter. Plans and specifications for repair based on the results of
the study must be filed with the Division of Land Resources for approval pursuant to the
North Carolina Administrative Code, Title 15A, Subchapter 2K - Dam Safety (15A NCAC 2K).
Two copies of this study and plan shall be submitted to this office by April 23, 2007.
An updated emergency action plan (EAP) will be required for this dam if one is not already on
file. If an existing EAP has not been updated in the past year, the downstream hazards shall
be checked and all contact information should be verified. Two copies of the EAP shall be
submitted to the Division of Land Resources, and a copy shall be provided to the local
emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we
do not receive notification on or before April 23, 2007, we shall present the case information
for appropriate enforcement action. Enforcement action could include a civil penalty of up to
$500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or
removal of this dam, and/or injunctive relief to gain compliance.
Sincerely,
S' �
net S. Boyer, PE
egional Engineer
- . - 6
cc: Roger. Edwards, Surface Water Protection Regional Supervisor
Maxwell Fowler, PE, State Dam Safety Engineer
G:\LQ\Buncombe\Dams\027 Franks Fishing Lake\NOD 03-23-2007.doc

o�
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
May 2, 2007
0 U E
1
Mr. Alan MacNair L�MAY 1 0 2007
Post Office Box 87
0
Gerton,North Carolina 28735
WATER QUALITY SECTION
ASHE 'LLE REGIONAL OFFICE
RE: Receipt of Breach Plan
MacNair Dam = -
State I.D. BUNCO-090
Dear Mr. MacNair:
This is to acknowledge receipt on April 30 2007 of your application for the breaching of the
subject dam. The minimum application processing fee of$200.00 (Check No. 1083)was also
received on April 30, 2007. I have enclosed information regarding payment of the additional
application processing fee which is required if the actual cost of removal of the dam is greater
than$10,001.00.
Applications requiring an approval to breach a dam will be reviewed by this office in the order
they are received except that existing high hazard potential dams with known safety issues will
be given priority. We endeavor to respond to applications within 60 days of receipt of the
application.
You may contact Ms. Janet Boyer,PE, Regional Engineer at telephone number(828) 296-4500
or a member of the central office dam safety staff at [phone] should you have any
questions concerning this matter.
Sincerely, 11��
Maxwell R. Fowler,PE
State Dam Safety Engineer
Enclosure
cc: ,I rPk ger-Edw.ards; rfacc-Water=P-rotection-Reg onal-Supervisor—
Ms. Janet Boyer,PE, Land Quality Regional Engineer
1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604
919-733-45741 FAX: [phone] Internet: wwwAir.enr.state.nc.usldlr.htm
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

�V(�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of.Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley,Governor
Director and State Geologist ..Willirn G. Ross;Jr. Secretary"
July 23,2007E D
n�
Mr. Sam Moore ® U
Wilderness Properties,LLC J U L 2 6 2007
601 Camp Elliot Road
Black Mountain,North Carolina 28711
WATER QUALITY SECTION
RE: Camp Stone Mountain School(formerly Camp Elliot)Dam AS!IEVILLE REGIONAL OFFICE
State I.D.:BUNCO-023
Dear Mr.Moore:
This is to acknowledge receipt on July 13,2007 of revised calculations and a revised drawing to the
application received May 10, 2007 for the construction of the subject dam. A preliminary review has
been done,and a response has been sent to Mr.Dale Pennell,PE,with McGill Associates. The
application to construct the dam remains incomplete. To continue our review of the project,the following
additional items,information,or revisions are needed:
1. A geotechnical investigation is necessary to determine foundation requirements and the condition
of the remains of the dam. Provide data,analysis and recommendations resulting from that
investigation,and earth fill specifications.
2. Prior to initiating construction, soil descriptions,test results, source locations and quantities must
be provided for borrow material to be used in the proposed dam.
3. The capacity calculations for the control section of the existing spillway were not provided. The
existing spillway is proposed to be repaired and used as the emergency spillway.
4. Revisions and corrections of some inconsistencies and omissions in the drawings, specifications
and calculations.
No further review will be done until revisions and additional documentation is received and this letter will
serve as our response to you for the submission. You may contact a member of the dam safety staff at
[phone] if you have questions concerning this matter.
Sincerely,
`cam J0
W.Hubert Hawkins,PE
Assistant State Dam Safety Engineer
ISIV(s
cc: Mr.Dale Pennell,PE,PLS JUL 2 5 2007
Ms.Janet Boyer,PE, Land Quality Regional Engineer
1VIr, Roger E+iw.:ards;Water Quality Regiona=l-Supery os r b,and Quality Section
Asheville
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

Amy,�.K WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D.Simons, PG, PE Land Quality Section Michael F. Easley, Governor
mor
Director and State Geologist William G. Ross Jr., Secretary
tary
July 25, 2007
NOTICE OF DEFICIENCY,
CERTIFIED MAIL-7006 3450,0002 7064 7443
I l
RETURN RECEIPT REQUESTED ilt
Jerry Porter
312 Patton Mountain Road
Asheville, NC 28804it
RE: Porter Dam - Buncombe County
Dear Mr. Porter:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest
of public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent
injuries to persons, damage to downstream property, and to ensure the maintenance of stream
flows.
A visual inspection of the referenced dam was conducted on July 16, 2007, by staff of the Land
I
Quality Section Asheville Regional Office. During this inspection, the following conditions were
noted:
1. A new horizontal pipe has been added and has not been engineered.
2. The potential for erosion at the outlet pipe on the embankment.
3. New fill has been placed on the backslope of the dam.
These conditions appear serious and justify further engineering study to determine approp iriate,
remedial measures. In the event of a dam failure, human life and significant property would be
endangered because of the downstream location of a home approximately 950 feet downstream.
In.addition, Ed Debruhl Road is also located downstream of the pond.
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211 Ond
Telephone [phone] A Fax [phone] NorthCarlolina
www.enr.s1tate.nc.us/ naturally
An Equal Opportunity/Affirmative Action Employer

Notice of Deficiency
Porter Dam
July 25, 2007
Page 2 of 2
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions
outlined in this letter. Plans and specifications for repair based on the results of the study must
be filed with the Division of Land Resources for approval pursuant to the North Carolina
Administrative Code, Title 15A, Subchapter 2K- Dam Safety(15A NCAC 2K). Two copies of this
study and plan shall be submitted to this office by October 22, 2007.
In addition to the above, the following remedial actions, not requiring design or approval, should
be completed by August 24, 2007. These items include the following:
1. Establish a ground cover on all disturbed areas.
2. Install additional measures to retain sediment on-site and out of the creek.
An updated emergency action plan (EAP) will be required for this dam, as one is not already on
file. Two copies of the EAP shall be submitted to this office and a copy shall be provided to the
local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do
not receive notification on or before October 22, 2007, we shall present the case information for
appropriate enforcement action. Enforcement action could include a civil penalty of up to
$500.00 per day of violation, and/or issuance of a Dam Safety Order requiring the repair or
removal of this dam, and/or injunctive relief to gain compliance.
Sincerely,
J net S. Boyer, PE
R gional Engineer
cc: iRoger Edwards, Surface Water Protection.Regional_Supervisor-,
Maxwell Fowler, PE, State Dam Safety Engineer
G:\LQ\Buncombe\Dams\Porter Dam\NOD Porter Dam.doc

e��
NCDENR
North Carolina Department of Environment and Natural Resources.
Division of Land Resources
Land Quality Section
James D.Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
Aygust 24, 2007
Mr. John T. Grimes, PE i
Grimes Engineering I R
EAU3 1 2007
8940 Mackintosh Lane
Suite A WATER QUALITY SECTION
Clemmons,North Carolina 27012 ASNEVILLE REGIONAL OFFICE
.4 .. :a?X-.Sia'xYYNNwJ, e..u..< av s_.h. '�•.
RE: North Buncombe Quarry Sediment Basin No. 7 Dam _
Buncombe County
BUNCO-091
Dear Mr. Grimes:
A review has been made of the plans, specifications and design data submitted under cover letter
dated June 19, 2007 and received in this office on June 22, 2007 for the repair of the referenced
dam. Prior to issuance of an approval to repair, additional information or revision is requested
for the following items:
1. Due to the absence of an auxiliary spillway in the design, the design of the trash guard
serving the principal riser/barrel spillway is of particular importance for the proposed dam
repair. Therefore, the trash guard design must be finalized and submitted for review and
approval by this Division prior to initiating dam repair activities.
2. Please provide supporting calculations that indicate the proposed NCDOT 78M stone filter
will allow passage of water while preventing movement of soil particles through the dam's
profile. Alternatively, the engineer may provide an additional layer of filter material on the
upstream side of the proposed stone filter designed in accordance with the USDA NRCS
National Engineering Handbook Part 633 Chapter 26 "Gradation Design of Sand and Gravel
Filters".
3. Please provide plan notes and/or specifications to require the use of hand-operated
compaction equipment adjacent to and near structures that may be potentially damaged by
heavier compaction equipment.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
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•. John T. Grimes, PE
August 24, 2007
Page 2 of 2
4. Due to the steepness of the slope upon which the proposed dam is to be constructed (greater
than 20%), it is recommended that the foundation of the dam be undercut, benched or
otherwise prepared to reduce the potential for movement or settlement of the dam due to
gravitational forces. If no additional preparation is deemed necessary, please provide
discussion and supporting design calculations pertaining to the resistance of the structure to
movement or to other negative effects due to the slope of its foundation.
5. The proposed sedimentation and erosion control plan is inadequate. Please address the
following issues:
• A rock check dam is not an appropriate sediment control device for the area downstream
of the proposed construction. Please revise plan to utilize a properly designed sediment
basin or other acceptable device.
• Silt fence is not appropriate for use as a diversion to direct water to a sediment control
device. Please modify design to use temporary diversion ditches or other acceptable
means of directing sediment-laden runoff.
• Please describe how the accumulated sediment/tailings will be removed from the existing
impoundment prior to removal and reconstruction of the dam embankment. Specify
where the removed material will be stockpiled or otherwise disposed of.
• Be sure to provide all necessary supporting data and design calculations as well as
acceptable construction details and specifications for proposed sediment controls.
It would greatly aid further application review if a response to each of the above comments were
made in a cover letter submitted with two sets of the revised plans, specifications and design
data.
Please contact this. office should you have any questions concerning the above items.
Sincerely,
William H. Denton, IV, EIT
Assistant Dam Safety Engineer
cc: Mr. Jason Conner, B.V. Hedrick Gravel and Sand
�Mr._Roger_Edwards.,_RegionallSupervisor
Ms. Janet Boyer, PE, Regional Engineer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
August 27, 2007
D E
r .
Mr. Dale Pannell DDD
AUG 3 1 2007 i
Flat Top Mountain, Inc.
874 Flat Top Mountain Road WATER QUALITY SECTION
Fairview,North Carolina 28730 ASHEVILLE REGIONAL OFFICE
RE: Flat Top Mountain Dam .a, ..::... ..�•., v.,.._-, , ..
State I.D. BUNCO-025
Dear Mr. Pannell:
This is to acknowledge receipt on July 30, 2007 of as-built drawings for repairs done to the
subject dam. These were received from Dr. B. Dan Marks, PE.
We have not yet received an emergency action plan and operation and maintenance plan which
are required for all high hazard potential dams. It is requested that these be completed and
submitted as soon as possible. There are guidance documeP,-ts and links on our web site
,,vww.dlr.enr.state.nc.us that may be of assistance in preparation of the emergency action plan and.
operation and maintenance plan. It is our understanding that Dr. Marks is assisting with the
preparation of these documents.
An inspection of the repairs will be scheduled by the Asheville Regional Office. You may
contact Ms. Janet Boyer,PE, Regional Engineer at telephone number 828-296-4500, or me at
telephone number 919-733-4574, or by email at [e-mail].
Sincerely,
Maxwell R. Fowler, PE
State Dam Safety Engineer
cc: Dr. B. Dan Marks, PE
Ms. Janet Boyer, PE
ll"1x:-Raget-EdSv_. Ards .
1612 Mail Service Center, Raleigh,North Carolina 27699-1612 •919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604
An Equal Opportunity\Affirmative Action Employer—50%Recycled\ 10%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley,Governor
Director avid State Geologist William G. Ross Jr.,Secretary
Exemption from State Dam Safety Regulation
September 21,2007 E C E
F �
Mr. Rick Conard DEC 1 9 2007 ,
Director of Historic Facility Engineering :
The Biltmore Company ': -=cT
1 Pack Square WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Asheville, North Carolina 28801
RE: Exemption �,i:ntati:�._...,... .._. •-:�,
from Dam Safety Regulation
Bass Pond Dam,Biltmore Estate
Buncombe County
Dear Mr. Conard:
The referenced dam apparently has not been included in the North Carolina inventory of dams as
no paper or electronic records could be found. The information received in our office on August
6, 2007 has been reviewed in conjunction with aerial photography of the area. The only known
structure downstream from the dam to the river flood plane is a road owned by the owner of the
dam. Therefore, a low hazard classification is presently warranted. Because the owner of the
dam owns all of the property downstream that would be affected if the dam were to fail, an
exemption from the dam safety law and regulations can be granted under General Statutes 143-
215.25A(a)(5). However, the following comments are offered: '
1. Our office encourages the owner of any dam to operate_maintain,_and r-epair—the_danLto
- --
- =same-standards as if i were jurisdiction of the Dam Safety Law of 1967.
2. If property downstream of the dam is sold, this office may reconsider the jurisdiction of
the dam.
3. If future downstream development occurs which would be impacted by failure of the
dam, then the hazard classification would need to be reassessed and could possibly
change from low to either intermediate or high hazard classification. Please note that in
accordance with General Statute 143-215.25A(a)(6), dams that are determined to be high '
hazard are subject to the provisions of the Dam Safety Law of 1967 regardless of height
or impoundment capacity.
1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604
919-733-45741 FAX: [phone] Internet: www.dlr.enr.state.nc.us/dlr.htm
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September 21, 2007
Page 2 of 2
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
I may be contacted by telephone at(919) 733-4574, or by e-mail at [e-mail] if
we may be of assistance.
Sincerely,
Maxwell R. Fowler,PE
State Dam Safety Engineer
cc: Mr. Donald Basinger, PE, Schnabel Engineering
Ms. Janet Boyer,PE, Land Quality Regional Engineer
%Ir--:aRoger5E_awafds_Surface Water Protection-Regional=Supervisor

AT -
N
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
Exemption from the Dam Safety Law
January 28, 2008
- --�
Mr. Sam Moore L I
Stone Mountain School FEB _ , $ ; l
126 Cam Elliot Road
p o d � �----
Black Mountain,North Carolina 28711 - --------_____j
AS- S ;'DN
RE: Stone Mountain School Proposed Dam
State I.D. To be Assigned
Buncombe County
Dear Mr. Moore:
The information received in our office on December 4, 2007 under transmittal dated November
30, 2007 regarding the proposed dam has been reviewed. Also, Land Quality Section.personnel-
from the Raleigh Central Office and the Asheville Regional Office conducted an inspection of
the dam site and downstream areas to confirm the proposed low hazard classification. Based on
the above-referenced information and site inspection, our office concurs that a low hazard
classification is presently warranted based on the current development downstream from the
proposed dam, and thus, an exemption can be granted.
However, the following comments are offered:
1. Our office encourages the owner of any proposed dam to construct his dam to the same
standards as if it were under the jurisdiction of the Dam Safety Law of 1967.
2. If the dam is constructed such that it is 15 feet in height or greater as measured from the
highest point on the crest of the dam to the lowest point on the downstream toe and will
impound 10 acre-feet or more at the highest point on the crest of the dam, this dam will
not be exempt, and engineering certification, and record drawings and specifications will
be required along with application processing fees.
3. If future downstream development occurs which would be impacted by a failure of the
dam,then the hazard classification would need to be reassessed and could possibly
_ change fromJo-w to_either_intermediate-or-high-hazar-d-classification.—P-lease-note-that-in-- -- --
1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604 JAN 3 1 2000
919-73345741 FAX: [phone] Internet: www.dlr.enr.state.nc.us/dlr.him
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Mr. Moore
January 28, 2008
Page 2
accordance with General Statute 143-215.25A(a)(6), dams that are determined to be high
hazard are subject to the provisions of the Dam Safety Law of 1967 regardless of height
or impoundment capacity.
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the local erosion and sediment
control program having jurisdiction should be contacted to determine permit requirements. In
any case, sediment must be prevented from entering the waters of the state or flowing onto
neighboring property.
Please contact Ms: Janet Boer PE Regional Engineer, at telephone number 828 296-4500 or
p ( )
me at telephone number(919) 733-4574 should you have any questions or if we may be of
further assistance in this matter.
Sincerely,
Maxwell R. Fowler, PE
State Dam Safety Engineer
MRF/WHH
cc: Ms. Janet Boyer, PE
Ms. Jennifer J. Ballard, PE
h/,firsl�n��rir�lvrr; �l���a ►�I�a"�c '�d�:��tID7�SvlpC"' i

T-TAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
February 12, 2008
Ms. Susan P. Troutman --�
Lutheri
I�
28 Spruce a Drive
Ministries Inc. !''_-i�!
g
-- - FEB 15
"Arden,North Carolina-28704 I.
i 1n'P-TEF QUALITY SECTION
RE: Lake Lewthorne Dam , �r_V I,I H G10NAL OFFICE
Buncombe County
State I.D.:BUNCO-020
Dear Ms. Troutman:
A review has been made of the Emergency Action Plan(EAP)dated January 1,2008 for the referenced
dam. This EAP was transmitted to our office under cover letter dated January 29,2008. This.EAP is
acceptable to the Dam Safety Program,though we do offer the following recommendations:
1. Please add a cover/title sheet for the EAP that includes the dam's name(Lake Lewthome Dam),
assigned State I.D.number(BUNCO-020),and other information as shown in the EAP guidance
document at our website which is found at the following Internet address:
www.alr.enr.state.ne.us/i)ag—es/damsafe!3Mrogram.html. The author of the EAP may wish to consider
using the EAP notification sequence available at that website as well.
2. _ If there is an engineer on call for engineering services related to your dam,please note his or her
contact information in the appropriate section of your EAP.
3. Please include area codes for all telephone numbers listed.
4. Please have all interested parties become familiar with the Dam Operation,Maintenance and
Inspection Manual available at the aforementioned website. It was developed to assist dam owners
in their regular maintenance,operation and inspection activities.
Please note that the EAP should be updated annually and copies distributed to all interested parties,
including two copies to this Division. Thank you for your cooperation in maintaining and operating this
dam in a way that promotes public safety. Please contact this office if we may be of.assistance.
Sincerely,
William H.Denton,IV,EIT
Assistant Dam Safety Engineer
cc: Mr.M.Jerry VeHaun,Buncombe Co.Emergency Management w/enclosure
l*Spr5r.
Ms. Janet Boyer,PE,Regional Engineer
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/,FAX: [phone].
512 North Salisbury Street,Raleigh, North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper.

LEE

IN WA
NCDENR
North Carolina Department-of Environment and Natural Resources
Division of Land Resources
Land Quality Section
Michael F. Easley,Governor William G. Ross,Jr., Secretary
James D. Simons, PG, PE,Director and State Geologist Janet S. Boyer, PE, Regional Engineer
February 26, 2008
NOTICE OF DEFICIENCY'
i ? � C0 ���� ��
CERTIFIED MAIL-7005 1820 0002 9207 1037 y
CERTIFIED MAIL-7005 1820 0002 9207 1061 t LAR 2008 � :CERTIFIED MAIL-7006 1820 0002 9207 1044RETURN RECEIPT REQUESTED ---� j
WATER QUALITY SECTION
Wendy Evans l ASHEVILLE RP3,10!AL O__f=10E
37 Northlake Drive .,
Weaverville, NC 28787
Wendy L. Acosta & M. M. Rash
37 Northlake Drive
Weaverville, NC 28787
Earl & Barbara Catron
P.O. Box 770817
Coral Springs, FL 33077
RE: Holcombe Dam ID #032
Buncombe County
Dam Hazard Class: High Hazard
Dear Sirs and/or Madams:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public
health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to persons,
damage to downstream property, and to ensure the maintenance of stream flows.
A visual inspection of the referenced dam was conducted on January 23, 2008, by staff of the Land Quality
Section Asheville Regional Office. During this inspection, the following conditions were noted:
1. Fill has been placed in the breach section of the dam without the services of a professional engineer
as instructed in the Notice of Deficiency issued on February 6, 2002. The dam was originally
breached by the order of this Department due to concerns about its safety.
.2. A qualified engineer must be retained and plans submitted for removal of the fill material placed in
the breach section. The plans must be submitted to the State Dam Safety Engineer in Raleigh.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.ennstate.nc.us One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer a'atura//y

Notice of Deficiency
Holcombe Dam
February 15, 2008
Page 2 of 2
3. The emergency spillway system exits onto the back slope and is inadequate.
These conditions appear serious and justify further engineering study to determine appropriate remedial
measures. In the event of a dam failure, human life and significant property would be endangered because
of the downstream location of residential homes.
In order to ensure the safety of this dam,you are directed to retain the services of a registered professional
engineer or an experienced engineering firm to make a study of the conditions outlined in this letter. Plans
and specifications for repair based on the results of the study must be filed with the Division of Land
Resources for approval pursuant to the North Carolina Administrative Code, Title 15A, Subchapter 2K -
Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted by April 25, 2008.
In addition to the above, the following remedial actions, not requiring design or approval, should be
completed by April 25,,2008. These items include the following:
1. Remove trees and brush from the back slope of the dam and around the outlet pipe.
2. Water from the road is causing erosion on the back slope and around the outlet pipe. The eroding
area needs to be stabilized with a groundcover. Water runoff should be re-directed off the back
slope of the dam.
You-are instructed to drain the impoundment and keep it drained until necessary repairs are made
or a breach plan is submitted and approved by The.Division of Land Resources. For earthen dams
the rate of draw down shall not exceed 1 foot per day unless approved by our office. Siphoning
shall be done under the supervision of a licensed engineer experienced in dam design. The
draining shall be done in such away to minimize the sediment load at the outlet. Cont act The North
Carolina Division of Water Quality, Roger Edwards, at(828) 296-4500'for additional information on
their requirements.
An updated Emergency Action Plan (EAP) will be required for this dam if one is not already on file. If an
existing EAP has not been updated in the past year, the downstream hazards shall be checked and all
contact information should be verified. Two copies of the EAP shall be submitted to the Division of
Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612, Attn: State Dam Safety Engineer,
and a copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not receive
notification on or before April 25, 2008, we shall present the case information for appropriate enforcement
action. Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or
issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain
compliance.
1
Sincerely,
anet S. Boyer, PE
egional Engineer
cc: CRogeir Edwards,_Surface-Water Prbtection Regional_Supervisor]
GALQ\Buncombe\Dams\032 Holecombe Dam\NOD 02 15 08.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
February 28, 2008
Mr. Jason Conner
B.V. Hedrick Gravel and Sand 1 1 I j
100 Goldview Road ! !"% MAR 2008 �`-
Asheville,North Carolina 28804
� ----�— i I;L!Tl' S�GTION
RE: North Buncombe Quarry Sediment Basin#7 Dam F r ! I r- C)``
Buncombe County
State I.D.:BUNCO-091
Dear Mr. Conner:
This is to acknowledge receipt of your revised application dated February 22,2008 for the repair of the
subject dam. The application was received in our office on February 25,2008.
Prior to issuance of the Approval to Impound, an Emergency Action Plan and Operation and Maintenance
Plan must be submitted.
Applications requiring an approval to repair a dam will be reviewed by this office in the order they are
received except that existing high hazard potential dams with known safety issues will be given priority.
We endeavor to respond to applications within 60 days of receipt of the application.
Please contact Ms.Janet Boyer,PE,Regional Engineer at telephone number(828)296-4500 or a member
of the Central Office Dam Safety staff at(919)733-4574 should you have questions concerning this
matter.
Sincerely,
William H. Denton,IV,EIT
Assistant Dam Safety Engineer
Land Quality Section
cc: Mr. John T. Grimes,PE
VTff
1dW � a�1tRaa�alStxp enra
Ms. Janet Boyer,PE,Regional Engineer
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604
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WDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
March 7, 2008
ff i
MAR 13 2008
Mr. William R. Buie, PE
William G. Lapsley&Associates, PA w,,• En O,L,AI_ITY SECTION
Two Town Square Boulevard, Suite 320 I F. VI_LL:_.` t °'-FIVE
Asheville, North Carolina 28803
RE: Northview Phase 2 Stormwater Pond_ Dam
Buncombe County
Dear Mr. Buie:
The information received in our office on January 4, 2008 under transmittal dated December 31,
2007 regarding the proposed dam has been reviewed. Also, Land Quality Section personnel
from the Asheville Regional Office conducted an inspection of the dam site and downstream
areas to confirm the proposed low hazard classification on February 13, 2008. Based on the
above-referenced information and site inspection, our office concurs that a low hazard
classification is presently warranted based on the current development downstream from the
proposed dam, and thus, an exemption can be granted.
However, the following comments are offered:
1. Our office encourages the owner of any proposed dam to construct his dam to the.same
standards as if it were under the jurisdiction of the Dam Safety Law of 1967.
2. If the dam is constructed such that it is 15 feet in height or greater as measured from the
highest point on the crest of the dam to the lowest point on the downstream toe and will
impound 10 acre-feet or more at the highest point on the crest of the dam, this dam will
not be exempt, and engineering certification, and record drawings and specifications will
be required along with application processing fees.
3. If future downstream development occurs which would be impacted by a failure of the
dam, then the hazard classification would need to be reassessed and could possibly
change from low to either intermediate or high hazard classification. Please note that in
accordance with General Statute 143-215.25A(a)(6), dams which are determined to be
high hazard are subject to the provisions of the Dam Safety Law of 1967 regardless of
height or impoundment capacity. 19091Ved
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 MAR 1 2 ,
1
512 North Salisbury Street,Raleigh,North Carolina 27604 U88
919-733-45741 FAX: [phone]nternet: www.dlr.enr.state.nc.us/dlr.htm Land An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper QUWAYi�SeCf1Gn

Mr. Buie
March 7, 2008
Page 2
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the local erosion and sediment
control program having jurisdiction should be contacted to determine permit requirements. In
any case, sediment must be prevented from entering the waters of the state or flowing onto
neighboring property.
Please contact Ms. Janet Boyer, PE, Regional Engineer, at telephone number (828)-296-4500 or
me at telephone number [phone] should you have any questions or if we may be of
further assistance in this matter.
Sincerely,
Francis M Nevils, PE
Section Chief
WHH/
cc: Ms. Janet Boyer, PE, Regional Engineer
N Bdwar-d -,ur.ace:-Water.E-ro_te-1on= upends-j-r

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley,Governor
'Director and State Geologist William G. Ross Jr,, Secretary
April 8, 2008 —- . jl�
FilAPR r 1 2008
Mr. Jeffrey T. Brown
Envision Associates Inc. ----1
' WATER QUALITY SECTION
554 B Riverside Drive ASHEVILLE REGIONP,L OFFICE
Asheville,North Carolina 28801
RE: Moore's Dam
Buncombe County
BUNCO-041
Dear Mr. Brown:
A review has been made of the information submitted under cover letter dated October 22, 2007 and
received in this office on October 25,2007 for the repair of the referenced dam. Prior to issuance of an
approval to repair, additional information or revision is requested as follows:
1. While conducting a site visit, a small, corrugated metal pipe(maybe 6"diameter)that appeared to
be the principal spillway (bottom drain) outlet was observed at the downstream toe where the
channel leads away from the dam. The 6"clay pipe shown on your drawings could not be located.
Please check.
2. The condition of the existing principal spillway conduit must be checked and if it is found to have
served its useful life, it will need to be grouted full with a non-shrink cement grout.
3. If the existing principal spillway can no longer be made functional for a justifiable length of life, a
new means of draining the pond must be provided. A siphon with the invert elevation of the high
point set at the permanent pool elevation is often used on an older pond. If the principal spillway
is sized to pass the 50-year storm before any flow passes through the emergency spillway, a
vegetated emergency spillway can be used. If the principal spillway will not pass the 50-year
storm before the emergency spillway functions,the emergency spillway must be armored to a point
where the flow can be safely discharged into the downstream channel.
4. The shortcut hydrologic and hydraulic analysis submitted is not adequate for the design of a high
hazard dam. To properly size the siphon and emergency spillway to pass the required storms a
hydrologic and hydraulic analysis using a routing procedure such as HEC-1 or HEC-HMS is
required. These routing procedures require the determination of the drainage area,the rainfall,the
runoff curve number, the time of concentration, a rainfall distribution, a stage-storage relationship,
ReCeN.,
1612 Mail Service Center, Raleigh,North Carolina 27699-1612 -919-733-45741 FAX: [phone] APR 18 209g
512 North Salisbury Street, Raleigh, North Carolina, 27604 CMd GluctlitySeaf aj)
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Mr. Brown
April 11, 2008
Page 2 of 2
and a stage-discharge relationship.
5. A design report that describes the existing dam and required modifications, that contains all design
calculations,and includes the necessary specifications for the required work must be prepared and
submitted for approval. A plan view of the dam that shows the proposed location of the required
modifications and drawings showing appropriate details of the proposed work with dimensions
and elevations must also be provided for approval.
6. An emergency action�plan (EAP) and an operation and maintenance(O&M)plan are also required
for all high hazard'dams. The O&M plan should address routine maintenance, frequency of
inspections by the owner or the owner's representative, and annual operation of the bottom drain
to ensure that it is functional. It is strongly recommended that the EAP be submitted prior to
commencing repairs to deal with problems that may arise during construction. Nevertheless, both
the EAP and O&M plan must be received prior to issuance of an approval to impound.
7. When submitting plans and other supporting data for the repair of a dam,two copies of the
submittal are required.
Prior to proceeding with this design you should familiarize yourself with the The Dam Safety Law of 1967
(Amended through 1995) and the North Carolina Administrative Code, Title 15A, Subchapter 2K, Dam
Safety. These documents as well as other dam safety related items can be found at the following web site:
http://www.dlr.enr.state.nc.us/pages/damsafetyprogram.hti-nl.
Please contact this office at 919-733-4574 should you have any questions concerning the above items.
Sincerely,
W. Hubert Hawkins,PE
Dam Safety Engineer
WHH/
cc: Ms. Sarah York _
or�aoge wards Sur-face Water Pi:otection_SupervisoP`
Ms. Janet Boyer, PE, Regional Engineer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Michael F. Easley,Governor
Director and State Geologist William'G'.Ross Jr.,Secretary°
June 20, 2008 --�—
ECE � � 6
J U N .2 7 2008
Mr. Jason Co
nner
B.V. Hedrick Gravel and Sand
100 Goldview Road WATER OUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Asheville,North Carolina 28804 ------- ---_.__
RE: Approval to Construct
N. Buncombe Quarry SB #7 Dam
Buncombe County
State I.D.: BUNCO-091
Dear Mr. Conner:
This is in response to your submission dated February 22, 2008 and received on February 25,
2008 of plans, specifications and design data for the construction of the subject dam in
compliance with the Dam Safety Law of 1967. The proposed dam will be located in the French
Broad river basin. The above listed documents were prepared under the supervision of Mr. John
T. Grimes, PE.
This letter constitutes approval of the proposal to construct the subject dam according to the
plans and specifications received by this Division on February 25, 2008 with the following
stipulations:
1. Mr. John T. Grimes, PE shall provide engineering supervision.
2. During construction, the Division of Land Resources may require such progress reports as
are deemed necessary.
3. Upon completion of the project, Mr. John T. Grimes, PE shall inspect the completed work
and upon finding that the work has been done as specified, and the dam is safe, shall,file
with the Division of Land Resources two sets of record drawings and a certificate stating
that the work has been completed in accordance with approved plans, specifications and
other requirements and the dam is safe.
4. Prior to issuance of the Approval to Impound, an Emergency Action Plan and an Operation
and Maintenance Plan must be submitted.
5. No water shall be impounded behind the dam until the Approval to Impound is issued by the
Division of Land Resources for operation of this dam.
Geological Survey•Land Quality•Geodetic Survey
Division of Land Resources•1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604
919-733-38331 FAX: [phone] Internet: www.dlr.enr.state.nc.usldlr.htm
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Mr. Jason Conner
June 20, 2008
Page 2 of 2
6. You must notify Ms. Janet S. Boyer, PE, Regional Engineer, Land Quality Section, 2090 US
Highway 70, Swannanoa,North Carolina 28778, telephone number [phone] a
minimum of ten days before the start of construction.
The Army Corps of Engineers and the Water Quality Section of this Department should be
t contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction and the State Mining Program should be contacted to determine
permit requirements. In any case, sediment shall be prevented from entering the waters of the
state or flowing onto neighboring property.
The Dam Safety Law of 1967 requires that project construction commence within one year from
the date of this approval, or the approval is void. For assistance, you may contact Ms. Janet
Boyer, PE in the Asheville Regional Office at telephone number [phone] or the Dam
Safety Program in the Raleigh Central Office at telephone number [phone].
Sincerely,
f
James D. Simons,PG, PE
Director and State Geologist
JDS/whd
cc: Mr. John T. Grimes, PE
Ms. Janet Boyer, PE
S,ur-face-Water:Protection--Regionai-=Supervisor,

NC®ENR i 3 �
North Carolina Department of Environment and Natural Resour Ies
FEB 2 8 2008
Division of Land Resources
Land Quality Section WATER C"UP i 1 v idly
Michael F.Easley, Governor William�G Ross rJ�;18e,6etary"_
James D.Simons, PG, PE, Director and State Geologist Janet S. Boyer,PE, Regional Engineer
February 26, 2008
NOTICE OF DEFICIENCY
CERTIFIED MAIL-7005 1820 0002 9207 1020
RETURN RECEIPT REQUESTED
A. H. Capps
61 Sherwood Forest Drive
Arden, NC 28704
RE: Capps Pond Dam ID # 012
Buncombe County
Hazard Classification: High
Dear Mr. Capps:
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of
public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to
persons, damage to downstream property, and to ensure the maintenance of stream flows.
A visual inspection of the referenced dam was conducted on December 27, 2007, by staff of the Land
Quality Section Asheville Regional Office. A Notice of Deficiency was issued on March 23, 2007, with
the compliance deadline of April 30, 2007. The lake was drained as requested in the correspondence
from our office dated December 20, 2005. To date, the following items have not been addressed:
1. The dam still has the capacity to impound water if the remaining portion of the riser pipe
becomes clogged.
2. The remaining water in the pond is to be permanently drained.
3. A qualified engineer must be retained and plans submitted for repair and/or breach of the dam
to the State Dam Safety Engineer in Raleigh.
These conditions appear serious and justify further engineering study to determine appropriate remedial
measures. In the event of a dam failure, human life and significant property would be endangered
because of the downstream location of residential dwellings.
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone] One
www.enr.state.nc.us NorthCarolina
An Equal Opportunity/Affirmative Action Employer ahma//y

Notice of Deficiency
Capps Pond Dam
February 26, 2008
Page 2 of 2
In order to ensure the safety of this dam; you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions outlined in
this letter. Plans and specifications for repair based on the results of the study must be filed with the
Division of Land Resources for.approval pursuant to the North Carolina Administrative Code, Title 15A,
Subchapter 2K- Dam Safety (15A NCAC 2K). Two copies of this study and plan shall be submitted to
this office by April 20, 2008.
In addition to the above, the following remedial actions, not requiring design or approval, should be
completed by April 20, 2008. These items include the following:
1. The emergency spillway is severely eroded. This area needs to be repaired and stabilized.
2. The front slope and back slopes need to be cleared of high bushed and trees less than 6 inches
in diameter.
You are instructed to drain the impoundment and keep it drained until necessary repairs are
made or a breach plan is submitted and approved by The Division of Land Resources. For
earthen.dams the rate of draw down shall not exceed 1 foot per day unless approved by our
office. Siphoning shall be done under the supervision of a licensed engineer experienced in
dam design. The draining shall be done in such a way to minimize the sediment load at the
outlet. Contact The North Carolina Division of Water Quality, Roger Edwards, at(828)296-4500
for additional information on their requirements.
An updated Emergency Action Plan (EAP)will be required for this dam if one is not already on file. If an
existing EAP has not been updated in the past year, the downstream hazards shall be checked and all
contact information should be verified. Two copies of the EAP shall be submitted to the Division of
Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612,Attn: State Dam Safety Engineer,
and a copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not
receive notification on or before April 20, 2008, we shall present the case information for appropriate
enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of
violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or
injunctive relief to gain compliance.
Sincerely,
Janet S. Boyer, PE
�egional Engineer
cc: (Roger Ed wards,.-Surface Water Protection Regional Supervisor
GALQ\Buncombe\Dams\012 Capps Pond\NOD 02 26 08.doc

. r -
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr.,Secretary
Certificate of Approval
June 4, 2008
rr'inmai
��CERTIFIED MAIL IRETURN RECEIPT 0 2008
Mr. Wayne T. Caldwell LITY SECTION
Post Office Box 648 OFFICE
Candler,North Carolina 28715
RE: Approval to Repair
Caldwell Pond Dam
State I.D. BUNCO-037
Dear Mr. Caldwell:
This is in response to your submission received on February 4, 2008 of plans, specifications and
design data for the repair of the subject dam in compliance with the Dam Safety Law of 1967.
These plans, specifications and design data were prepared under the supervision of Mr. James W..
Caldwell, PE. This letter constitutes approval of the proposal to repair the subject dam according
to the plans and specifications received by this Division on February 4, 2008 with the following
stipulations:
1. Mr. James W. Caldwell, PE shall provide engineering supervision.
2. During construction, the Division of Land Resources may require such progress reports
as are deemed necessary.
3. The pond shall be lowered at a rate not to exceed one foot per day and in a manner that
precludes the discharge of sediment downstream.
4. Soils test data and compaction tests shall be submitted with the record drawings.
5. The Army Corps of Engineers and the Water Quality Section of this Department shall be
contacted to determine if additional permits are required. Also, the erosion and sediment
control program having jurisdiction shall be contacted to determine permit requirements.
In any case, sediment must be prevented from entering the waters of the state or flowing
onto neighboring property.
Geological Survey- Land Quality•Geodetic Survey
Division of Land Resources•1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604
919-733-38331 FAX: [phone] Internet: www.dlr.enr.state.nc.usldlr.htm
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Mr. Caldwell
June 4, 2008
Page 2 of 2
6. Upon completion of the project, Mr. James W. Caldwell, PE shall inspect the completed
work and upon finding that the work has been done as specified and the dam is safe, shall
file with the Division of Land Resources two sets of record drawings and a certificate
stating that the work has been completed in accordance with approved plans,
specifications and other requirements.
7. An operation and maintenance (O&M)plan is required for all high hazard dams. The
O&M plan should address routine maintenance, frequency of inspections by the owner or
the owner's representative, and annual operation of the bottom drain to ensure that it is
functional. The O&M plan must be received prior to issuance of an approval to impound.
8. You must notify Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 US
Highway 70, Swannanoa,North Carolina 28778, [phone] ten days before the start
of construction.
Construction of the repairs must begin within one year of the date of this document or this
approval is void. For assistance you-may contact a staff member of the Dam Safety Program in
the Raleigh Central Office at telephone number(919) 733-4574.
R
Since ly,
ames D. Simons,PG, PE
Director and State Geologist
JDS/WHH
cc: Mr. James W. Caldwell, PE
Ms. Janet Boyer, Regional Engineer
MRo ge �dwads; irfaceaterlrote_ctionS:uperuascsr`

ppppr,
Calloway, Johnson, Moore &West, P.A.
One Page Avenue, Suite 200
Asheville, North Carolina 28801
828.225.7400 Fax: [phone]
Project Confe ence Memo www.ciwm_eom
U
m a
Dat •
May 28, 2004
5r
Pro'ec •
Lake Susan Dam Remediation and
r,
m0
Z
Spillway Rehabilitation
M
*•.
Client •
Montreat Conference Center
5-4
zz
Project No. •
02-3290
0
Place •
Lake Susan Dam
chi g
m
C
Subjec •
Permitting
_
Attendin
• U.S. Army Corps of Engineers Schnabel Engineering
Mr. David Baker Dr. B. Dan Marks, RE
North Carolina Fish and Wildlife Montreat Conference Center
Commision Mr. Robert Davis
Mr. David McHenry
Calloway Johnson Moore &
North Carolina Department of West
Environment and Natural Mr. R. Marshall Fields, P.E.
Resources -Water Quality Division Mr. Patrick T. Dunn, P.E.
Mr. Larry Frost
Report B
p
Patrick T. Dunn P.
,
Distribution •
A meeting was held at Lake Susan Dam on May 28, 2004 to review the
upcoming dam remediation project regarding its impact on the water
Attendees
quality and wildlife in the stream below.,
Mr. George Barber
file.8
Mr. Fields gave an overview of the project history and scope. He told the
attendees that work on the project was scheduled to begin in August 2004
and finish in December 2004.
Mr. Baker stated that a new Nationwide Permit Number 3, issued by the
U.S. Army Corps of Engineers, is required for this project and that the
previous permits issued for dredging the lake are no longer applicable. In
conjunction with this permit, Mr. Frost explained that a 401 Water Quality
Certification, issued by the Department of Environment and Natural
Resources, is also required. The. permit application process was discussed
and it was believed that there was ample time to obtain approval for the
scheduled construction start date. Dr. Marks will submit the applications
for these items on behalf of the owner.

The schedule of the project was discussed in relation to the trout spawning
season. Mr. McHenry agreed that under the conditions of the permit,
construction could extend past the October 15 spawning restrictions.
Dr. Marks explained that after the lake is drained, the planned erosion
control measures are to use silt fence and straw bales on either side of the
stream after it finds its course through the lake. Mr. Barnett stated that the
stream flow must to be piped through the lake to prevent excessive
sediment in the stream below. He said a headwall, possibly made of
sandbags, should be built near the arched stone bridge to channel the water
into a flexible pipe. This pipe should extend across the lake and connect to
the steel diversion pipe at the dam.
Prior to closing the meeting, it was confirmed that the necessary issues
concerning water quality and protection of wildlife had been addressed and
that we were properly proceeding through the permit process and into
construction.
2

PPPPPP"`
Calloway, Johnson, Moore & West,"P.A.
Project Cpnference Memo
Distribution
Attendees
Mr. George
file.8
One Page Avenue, Suite 200
Asheville, North Carolina 28801
828.225 7 7400 Fax: [phone]
www.ciwm-com
Date •
May 28, 2004
Project •
Lake Susan Dam Remediation and
mq
Spillway Rehabilitation
Client •
Montreat Conference Center
ect No. •
02-3290
on
Place •
Lake Susan Dam
a
ubject •
Permitting
m
C
ending •
U.S. Army Corps of Engineers
Schnabel Engineering
Mr. David Baker
Dr. B. Dan Marks, RE
North Carolina Fish and Wildlife Montreat Conference Center
Commision Mr. Robert Davis
Mr. David McHenry
North Carolina Department of
Environment and Natural
Resources -Water Quality Division
W
y Frostn arnett
P�fD
By • Patrick T. Dunn, P.
Calloway Johnson Moore &
West
Mr. R. Marshall Fields, P.E.
Mr. Patrick T. Dunn, P.E.
A meeting was held at Lake Susan Dam on May 28, 2004 to review the
upcoming dam remediation project regarding its impact on the water
quality and wildlife in the stream below.
Mr. Fields gave an overview of the project history and scope. He told the
attendees that work on the project was scheduled to begin in August 2004
and finish in December 2004.
Mr. Baker stated that a new Nationwide Permit Number 3, issued by the
U.S. Army Corps of Engineers, is required for this project and that the
previous permits issued for dredging the lake are no longer applicable. In
conjunction with this permit, Mr. Frost explained that a 401 Water Quality
Certification, issued by the Department of Environment and Natural
Resources, is also required. The permit application process was discussed
and it was believed that there was ample time to obtain approval for the
scheduled construction start date. Dr. Marks will submit the applications
for these items on behalf of the owner.

The schedule of the project was discussed in relation to the trout spawning
season. Mr. McHenry agreed that under the conditions of the permit,
construction could extend past the October 15 spawning restrictions.
Dr. Marks explained that after the lake is drained, the planned erosion
control measures are to use silt fence and straw bales on either side of the
stream after it finds its course through the lake. Mr. Barnett stated that the
stream flow must to be . piped through the lake to prevent excessive
sediment in the stream below. He said a headwall, possibly made of "
sandbags, should be built near the arched stone bridge to channel the water
into a flexible pipe. This pipe should extend across the lake and connect to
the steel diversion pipe at the dam.
Prior to closing the meeting, it was confirmed that the necessary issues
concerning water quality and protection of wildlife had been addressed and
that we were properly proceeding through the permit process and into
construction.
2