Avery Co. Mill Pond Dam

3 0 SENDER:
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y Complete items 1. and/or 2 for additional services.
I also Wish to receive the
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following services (for an extra
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return this card to you.
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f m Attach this form to the front of the mailpiece, or on the back if space
1. ❑ Addressee's Address
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does not permit.
1 r • Write "Return Receipt Requested" on the mailpiece below the article number.
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2. ❑Restricted Delivery
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delivered.
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1t 0 3. Article Addressed to:
4a. ticle Ver
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DR. JAMES SCHOBEL, PRESIDEN'ram-,
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] LEES-MCRAE COLLEGE
❑ Registered ❑ Insured
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7. Date of Delivery ( I�LOESEL
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I y PS Form 3811, December 1991 ru.S.&d. i693-352at4 DOMESTIC RETURN RECEIPT Woody Kloesel, P.E.
351 Merrimon Avenue, Suite 200 704.255.0780
Asheville, NC 28801 Fax [phone]

11w,
NORTH CAROLINA (DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
June 23, 1999
NCDENR;
Mr. Craig M. Newton, P. E.
DSAtlantic
JAMES B. HUNTJR '�' > -�
GOVERNOR tj
801 Jones Franklin Road - Suite 300
Raleigh, North Carolina 27606
RE: Mill Pond Dam
WAYNE MCDEVITT'."`''' `".
:' :� .:
Avery County
SECRETARY
�J
AVERY-023
Watauga River Basin .
CHARLESH.GARDNERE .'
Dear Mr. Newton:
P.G., P.E. DIRECTOR :,•;:^,�
AND STATE GEOLOGIST*. ,^
This letter serves to respond to a letter from Mr. Alan M. Maness, P. E.
dated May 7, 1999 regarding the referenced dam. While I share water quality
and aquatic habitat concerns expressed by other State agencies, it is extremely
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important to the safety of the public downstream from dams that proper
maintenance and operation of a dam be performed routinely. Such operation
and maintenance functions include operation of a bottom drain to ensure that it is
`"
operable for emergency purposes (and for maintenance purposes). This is
required for all regulated dams in North Carolina, as well as by other state dam
safety agencies and federal regulatory agencies, such as the United States Army
Corps of Engineers, Tennessee Valley Authority, Bureau of Reclamation and
F All _
.-'
Federal Energy Regulatory Commission.
`.
I concur that the intent for quarterly operation of a bottom drain is to
1st y
ensure that it will function properly in the event of an emergency, not as a means
,
to remove sediment from the lake bottom. Quarterly operation of the bottom
drain is desirable. Our office would, however, allow operation of the bottom drain
for this dam at least once a year, if this will assist in downstream water quality
and aquatic habitat concerns.
x $Ts
k
It is recommended that the owner of the dam confer with the North
-
Carolina Wildlife Resources Commission and the Division of Water Quality
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(Water Quality Certification Program) to determine the times of year when
operation of the bottom drain may cause the least impacts to downstream areas.
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The owner may also wish to receive input from any groups downstream from the
dam with an interest regarding flows released from the bottom drain.
,. ',�". =•i LAND QUALITY SECTION [phone] FAX [phone]
i; +. ` GEOLOGICAL SURVEY SECTION [phone] FAX [phone]
P.O. BOX 27687, RALEIGH, NORTH CAROLINA 2761 1-7687 TELEPHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -SO% RECYCLED/10% POST -CONSUMER PAPER
a

Mr. Craig M. Newton, P. E.
June 23, 1999
Page Two
Please note that the bottom drain should not have to be opened for an extensive period
of time. Rather, one cycle of "Full Open" and returning the bottom drain sluice gate to the "Full
Close" position can be made, and this would not need to be for any period of time longer than
the time it takes to fully open and close the sluice gate. This would minimize sediment loss
from the lake. Also, as you are aware, a sediment control device was installed at the entrance
to the bottom drain in order to minimize sediment loss from operation of the bottom drain.
I am sending a copy of this letter to Mr. John R. Dorney with the Division of Water
Quality and Mr. Joe H. Mickey, Jr. with the Wildlife Resources Commission to advise of the
need for operation of the bottom drain for this dam as a means to ensure it will function in the
event of an emergency.
Please contact me at telephone number [phone] should you have any questions
concerning this matter.
Sincerely,
K 6?7 "�b
James K. Leumas,.P. E.
State Dam Safety Engineer
Land Quality Section
JKL/
cc: Mr. Richard A. Phillips, P. E.
EMr. Forrest..R-Westall, P. E. �W�- U1
Mr. John R. Dorney
Mr. Joe H. Mickey, Jr.
Mr. Rich Huber

FEB-10-i998 11;ii --M TO
Lees -McRae NEW
C Q L L E G E
F.O. Sox 128, Banner Mk N 011h Carolina. 28604-0128
Fax [phone]M
For idiate release
LHC TO HOST FORUM ON MILL POND
917042516452 P.01
For more inoimadaA contAct
Gibson Smith
[phone]
Feb- 6, 1998
Banner Elk, N_ C _ _ _ . frees --McRae College will host a public meeting to discuss
plans fox repairs to the Mill Fond Dam in Banner Elk -
The event is set for 2 p.m.on wedn�sday, Feb- 28- In Evans Auditorium.,
located in the Cannon Student Center on Maim Street.
the dam, which is on college grotinds, 'Leas damaged by Hurricane opal in
1995. Plans are now in place to begin repairs this spring and complete the
project early next fall. DSAtlantic, consulting engineers, has been involved
in the planning.
Representatives from DSAtlantic and Lees -McRae will be available to
answer questions.
Lees -McRae is a four-year, co-educational liberal arts college offering
majors in more than two dozen fields.
Since 1900
TOTAL P.01

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- D -)- a(D l
EPA

MICHAEL F. EASLEY
ATTORNEY GENERAL
,$fate of Nvrt4 Tarolina
Department of justive
SUITE 203
11 NORTH MARKET STREET
ASHEVILLE, N. C. 28801
9 October 1997 _
C. Woodrow Teague, Esq.
Kurt F. Hausler, Esq.
Teague Campbell Dennis & Gorham, LLP
211 E. Six Forks Road
Suite 114
Raleigh NC 27609
RE: Lees -McRae College v. DEHNR
OAH File No. 97 EHR 0413
. DENR File No. SS 96-003
Gentlemen:
WESTERN OFFICE
PHONE [phone]
FAX [phone]
This will acknowledge receipt of your client's check in the amount of $3,258.62 tendered as
payment of the civil.penalties and investigative costs at issue in the above -referenced contested case. As you
know, at the mediated settlement conference conducted on 29 September 1997, your client agreed to pay,
and my client agreed to accept this amount in full satisfaction of the penalties and investigative costs.
If you have not already done so, please file with the Office of Administrative Hearings a notice of
withdrawal of your client's request for contested case hearing. I have enclosed a form which might be used
for that purpose. I spoke with Judge Morrison last week and advised him that the case had been settled, so
I understand that no one is expecting the parties to appear for a hearing tomorrow.
I am glad we were able to resolve this matter in an amicable fashion.
/SPS
Enclosure
xc: Bob Sledge
Roy M. Davis
Sincerely,
Sueanna P. Sumpter
Assistant Attorney General
An Equal Opportunity / Affirmative Action Employer

1P 0
STATE OF NORTH CAROLINA
COUNTY OF
Petitioner )
v. )
Respondent )
•
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
NOTICE OF WITHDRAWAL
OF PETITION
Petitioner hereby withdraws its petition for a
contested case hearing. No further proceedings are needed
or required to resolve the contested case captioned above.
This the day of
, 19_
Petitioner/Attorney for
Petitioner

MICHAEL F. EASLEY
A170RNFY GENERAL
-- MEMORANDUM --
STAi u
✓ 2�� p
YQurn va`� 6
State of North Carolina
Department of Justice
Suite 203
1 1 North Market Street
Asheville, N. C. 28801
TO: Harlan K. Britt
Deputy Director
Division of Water Quality
FROM: Sueanna P. Sumpter`/
Assistant Attorney General
0ONVOOF
October 1, 1997
WESTERN OFFICE
PHONE: [phone]
FAX: [phone]
RE: Lees -McRae College, Inc. v. State of North Carolina DEHNR
OAH File No.: 97 EHR 0413
This is to advise that the above matter, currently scheduled for
hearing on Friday, October 10, 1997, at 11:00 am in Statesville, was
settled at the mediation conference held on Monday of this week.
Please notify the appropriate witnesses as outlined in my September
25 memo.
Thank you.
/kmr
xc: Roy Davis, Regional Supervisor
.Richard Phillips, Regional Engineer
An Equal Opportunity / Affirmative Action Employer

MICHAEL F. EASLEY
ATTORNEY GENERAL.
-- MEMORANDUM --
-State of North Carolina
Department of Justice
Suite 203
1 1 North Market Street
Asheville, N. C. 28801
TO: Harlan K. Britt
Deputy Director
Division of Water Quality
FROM: Sueanna P. Sumpte
Assistant Attorney eneral
DATE: September 25, 1997
WESTERN OFFICE
PHONE: [phone]
FAX: [phone]
RE: Lees -McRae College, Inc. v. State of North Carolina DEHNR
OAH File No.: 97 EHR 0413
I am sending to you copies of the Notice of Hearing entered by the
Administrative Law Judge in the above -referenced contested case. As you
will note, the hearing in this matter has now been scheduled for Friday,
October 10, 1997, at 11:00 a.m. at the Iredell County Hall of'Justice,
Courtroom # 3, 221 Water Street, Statesville.
A mediated settlement conference is scheduled to be held Monday,
September 29; and there is a possibility of settlement. I will keep you
informed of the developments in the case and update you on the status
prior to the scheduled hearing date.
If the case should proceed to hearing on the scheduled date, the
following persons may be called to testify:
Harlan K. Britt
Deputy Director
Division of Water Quality
An Equal Opportunity / Affirmative Action Employer
I,1 SEP 3 ® logy

0 0
Page P pTwo (2)
Forrest Westall
Water Quality Regional Supervisor
Asheville Regional Office
Mike Parker
Environmental Chemist
Asheville Regional Office
Dennis G. Owenby
Assistant Regional Engineer
Asheville Regional Office
William Beck
Environmental Engineering Technician
Asheville Regional Office
Please let me know immediately if any of the persons listed above cannot
be available on the date proposed for the hearing.
Thank you.
/kmr
Enclosure (1)
xc: Roy Davis, Regional Supervisor
Richard Phillips, Regional Engineer
F:\USERS\WOKRAY\SUMPTER\LEESMCRA.LTR

PPSTNORTHCAROLINA
COUNTY OF AVERY
LEES-MCRAE COLLEGE, INC.
Petitioner,
V.
SEP 1 1997
IN THE OFFICE OF
SEA �' I � G � 97 EHR IV HEARINGS .
FILED
ADMINIS7HATiY. rr.4RIN�;S
STATE OF NORTH CAROLINA, )
DEPARTMENT OF ENVIRONMENT, )
HEALTH, AND NATURAL RESOURCES, )
Respondent, )
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the hearing in the above -captioned case is rescheduled
as follows:
DATE: October 10, 1997
TIME: 11:00 a.m.
LOCATION: Iredell County Hall of Justice
Courtroom 93
221 Water Street
Statesville, North Carolina
This is the IW day of September, 1997.
I

p
Excnvxe *AacnnTrm♦SmevEYORs
MINUTES OF MEETING
Meeting No. 3
LEES-McRAE COLLEGE
MILL POND DAM REPAIRS
BANNER ELK, NORTH CAROLINA
DSAtlantic Project No. LMC001.000
:i
PLACE: Mill Pond Dam Site and Physical Plant Office
Banner Elk, North Carolina
DATE OF MEETING: August 7,1997
DSAtlantic Corporation
7820 North Point Botuevard
Suite 200
Winston-Salem, NC 27106
910/759-7400
(Fax) 910/759-7900
PRESENT FOR: Lees McRae College
Thomas Macon, Vice President of Business and Finance
Carolyn Ward, Lees McRae College
Richard Huber, Director of Physical Plant
Art Kopcsak, Aramark
U.S. Armv Corps of Engineers
Bob Johnson
N.C. Department of Natural Resources
Division of Land Quality
Richard A. Phillips, P.E.
William Beck
Division of Water Quality
,ryes LAW
Mike Parker
Avery County Inspections/Soil and Erosion
Tommy Burleson
S&ME
B. Dan Marks, Ph.D., P.E.
DSAtlandc Corporation
Alan M. Maness, P.E.
Andrew L. Simmons
Stephen J. Conaway, P.E.
PURPOSE OF MEETING: Presentation and discussion of DSAdantic's Preliminary Design of the Mill
Pond Dam Repairs to permitting officials.
CORRECTIONS & OMISSIONS:
These minutes are the writer's interpretation of the events, discussions, and transactions which took place
during the meeting. If there are any additions and/or corrections to these minutes, please inform the writer
with�t� s1ven 47_r
ar otte, Columbia, SC ®Macon, G:\ ■ Nashville, _ 11 Raleigh, NC ■Richmond, VA ■ Winston-Salem, NC

PMINUTES OF MEETING
Meeting No. 3
LEES-McRAE COLLEGE
August 7, 1997
Page No. 2
ITEMS OF DISCUSSION:
1. Alan Maness presented his preliminary drawings for the Mill Pond Dam repair scheme. The siphon
system has been abandoned and has been with replaced with a "Flash Board Riser". The flash board
riser will have a series of 6 inch to 8 inch vertical boards. These boards will extend from above the
normal pool to the pond's lowest elevations. This flash board riser will be constructed first then the
water level in the pond will be lowered by removing the vertical boards one at a time. This will allow
the pond to be lowered from the top down. If the silt is disturbed, then the board removal can be stopped
or boards put back in until the disturbed silt has settled. This procedure will continue until the pond has
been drained.
A defined channel will be established through the pond area and erosion control measure put in place
before any silt removal operation begins. The silt removal can begin and will continue until all silt is
removed. The channel will be modified as required to completely remove the existing silt. After this
removal has been completed then repairs to the dam can begin. During the repairs water flow will be
diverted to and through the flash board riser and the existing sluice gates will be removed and filled with
concrete.
Upon completion of the dam repairs, the board will be placed in the riser and the pond refilled. A
maintenance plan will be put in place which will cause the silt to be removed from the pond at least twice
a year at times of peak flow and turbidity.
2. In answer to a question, it was stated that the siphon concept was abandoned due to the volume of normal
flow (54 inch drain required at the riser) through the dam site. The flash board riser does permit drainage
from the top of the pond as with the siphon and if required boards can be used to stop any drainage
containing high volumes of silt.
3. The individuals present agreed that the release of silt during this planned work is the main concern. The
repair plan, as described, is a good plan and will keep any silt release to a minimum. It was stated that it
was understood that some loss of silt is expected with this type of repair work. The proposed design will
help keep any silt loss to a minimum.
DSAtlantic stated that the intent is to obtain the necessary permits before contractors are given the notice
to proceed. It was suggested that, after the reviewing agencies receive the final design for approval
process, a forum be held at the College to inform the public of the proposed repair work. This forum
would be attended by DSAtlantic, the reviewing agencies, and College officials.
4. B. Johnson stated that a Corps of Engineers Section 401/404 permit would be required for the dredging
and structures for transporting water. This permit will take 60 to 90 days from submittal for review. NC
Division of Water Quality will interact with the Corps during this review. It was discussed that the silt
removal would be completed by a dragline or large hoe.

P Pr'
MINEWIFI-INUPTPES OF MEETING
Meeting No. 3
LEES-McRAE COLLEGE
August 7,1997
Page No. 3
Mr. Joseph Mickey of NC Wildlife Resource Commission was unable to attend the meeting, but it was
understood from the other attendees that his concern is timing and the silt causing activities. Trout
spawning (two types) normally occurs from December through April and from September through
December. It was agreed that silt causing activities would be scheduled for the time period of April 1 to
September 1.
6. R. Huber presented a possible silt disposal location which is near his office on the campus. DSAtlantic
will verify whether the site is of sufficient size for the total volume of silt. A question as to the
composition of the silt was raised. S&ME will undertake an investigation to determine silt composition
and silt thickness within the pond area. If this site is used as a disposal area, a permit will be required
from T. Burleson of Avery County Inspection.
DSAtlantic has modified the project schedule based upon this meeting and recent events. A copy of the revised
schedule has been attached for review and information.
Minutes as recorded by:
>b �c1
Stephen . Conaway, P.E.
Vice President/Project Manager
SJC/cak
DISTRIBUTION:
Joseph Mickey of NC Wildlife Resource Commission
All Attendees
File

\�u
STATE OF NORTH CAROLINA
COUNTY OF AVERY
IN THE MATTER OF:
LEES-McRAE COLLEGE,
INCORPORATED
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE 143-215.1
AND
15A NCAC 2B .0200
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH AND
NATURAL RESOURCES
FILE No. SS 96-03
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statues (G.S.) 143-
215.6A, I, A. Preston Howard, Jr., Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Lees -McRae College is a corporation organized and existing
under the laws of the State of North Carolina. Lees -McRae
College owns and operates a college and property which
includes a dam and mill pond on the Elk River. The Elk
River is classified as C-trout waters.
B. After receiving several telephone complaints concerning the
Elk River DWQ staff inspected the Elk River on May 30,
1996. The gates at the mill pond dam were open and the
pond had been drained. An excessive amount of sediment was
washing downstream, filling the pools in the river and
causing excessive turbidity in a normally clear trout
stream.
C. On May 30, 1996, DWQ staff took turbidity samples in the
Elk River. The turbidity in the Elk River was measured at
6.9 NTU's at the upper end of the mill pond at NCSR 1342
and 210 NTU's 200 feet below the dam. The stream turbidity
standard is 10 NTU's, as set forth in 15A NCAC 2B .0211 (b)
(3 ) (K) .
D. On June 12, 1996, DWQ staff met with officials from Lees -
McRae College to discuss the water quality problems related
to draining the pond by simply opening the gates at the
dam.. DWQ staff suggested several alternative options other
than draining the pond, while minimizing the release of
sediments to downstream waters.
E. On July 8, 1996, DWQ staff inspected the mill pond and
stream below the dam, and observed that the gate was open,
the pond was drained, and the water below the dam was
extremely turbid. An excessive amount of silt was washing

out of the lake bed and down the Elk River.
F. DWQ staff took turbidity samples in the Elk River. The
turbidity in the Elk River was measured at 4.3 NTU's at the
upper end of the mill pond at NCSR 1342, 2500 NTU's 200
feet below the dam and 97 NTU's approximately 5000 feet
below the dam. The stream turbidity standard is 10 NTU's,
as set forth in 15A NCAC 2B .0211 (b) (3) (K) .
G. On July 10, 1996, DWQ staff inspected the mill pond and
stream below the dam. The water was very turbid, and an
excessive amount of silt was washing out of the lake bed.
H. DWQ staff took turbidity samples in the Elk River.
The turbidity in the Elk River was measured at 4.9 NTU's at
the upper end of the mill pond at NCSR 1342 and 140 NTU's
200 feet below the dam. The stream turbidity standard is
10 NTU's as set forth in 15 A NCAC 2B .0211 (b) (3) (K).
I. The violations were the result of personnel with Lees -McRae
College willfully opening valves and gates to drain the
lake.
J. Staff costs and expenses associated with detecting the
violation, defining its nature and extent and bringing the
enforcement action totaled $908.62.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Lees -McRae College is a "person" within the meaning of G.S.
143-215.6A pursuant to G.S. 143-212-(4).
B. Lees -McRae College violated 15A NCAC 2B .0211 (b) (3) (K),
the water quality standard for turbidity applicable to
Class C-trout waters on May 30, 1996.
C. Lees -McRae College violated 15A NCAC 2B .0211 (b) (3) (K),
the water quality standard for turbidity applicable to
Class C-trout waters on July 8, 1996.
D. Lees -McRae College violated 15A NCAC 2B .0211 (b) (3) (K),
the water quality standard for turbidity applicable to
Class C-trout waters on July 10, 1996.
E. General Statute 143-215.6A (a) (1) provides that a civil
penalty of not more than ten thousand dollars per day may
be assessed against a person who violates any
classification, standard, limitation, or management
practice established pursuant to G.S. 143-214.1, 143-214.2
or 143-215.
2

F. General Statue 143-215.3(a) (9) provides that the
reasonable costs of any investigation, inspection or
monitoring survey may be assessed against a person who
violates any regulations, standards, or conditions of any
permit issued to G.S. 143-215.1, or special order or other
document issued pursuant to G.S. 143-215..2.
G. The Director, Division of Water Quality pursuant to G.S.
143-215.6A (h), has the authority to assess civil
penalties.
Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
DECISION•
Pursuant to G.S. 143-215.6A in determining the amount of the
penalty, I have taken into account the Findings of Fact and
Conclusions of Law and considered the factors listed in G.S.
143-282.1.
Accordingly, Lees -McRae College is hereby assessed a civil
penalty of:
R
C
$ $908.62
for one violation of 15A NCAC 2B .0211
on May 30, 1996.
for one violation of 15A NCAC 2B .0211
on July 8, 1996.
for one violation of 15A NCAC 2B .0211
on July 10, 1996.
TOTAL CIVIL PENALTY which is
percent of the maximum penalty
authorized by G.S. 143-215.6A (a)
Enforcement costs.
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of
the penalty I have considered the factors listed in G.S.143B-
282.1(b), which are:
3

(1) The degree and extent of harm to the natural resources of the
State, to the public health, or to private property resulting
from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by non-compliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying.or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
DATE) A. Preston Howard, Jr., P.E., Director
Division of Water Quality
4

From: "Forrest Westall" <[e-mail]>
Organization: Asheville Region of NC - DEHNR
To: [e-mail]. state. nc.us
Date sent: Mon, 28 Jul 1997 12:16:20 + 1100
Subject: Lees McRae Dam Project
Copies to: [e-mail]
Priority: normal
Roy was contacted by a Dan Marks of S &ME and wants to meet at the
site on August 7th at 10:30. Roy cannot attend on that date, but
asks that you and I take care of it. Lets discuss when you return
from R and R. Forrest
Michael Parker -- 1 -- Mon, 4 Aug 1997 08:16:44

cc
MICHAEL F. EASLEY
ATTORNEY GENERAL
-- MEMORANDUM --
�o�.+STATfa
'$tat.e af �1art4 Carolina
PPpttrtmant of Notire
SUITE 203
11 NORTH MARKET STREET
ASHEVILLE, N. C. 28801
TO: Harlan K. Britt
Deputy Director
Division of Water Quality
FROM: Sueanna P. Sumpterh
Assistant Attorney General
DATE: August 19, 1997
RE: Lees -McRae College, Inc. v. State of North Carolina DEHNR
OAH File No: 97 EHR 0413
WESTERN OFFICE
PHONE [phone]
FAX [phone]
I am sending to you copies of the Notice of Hearing entered by the Administrative Law Judge
in the above -referenced contested case. As you will note, the hearing in this matter has now been
scheduled for Thursday, September 4, 1997 at 9:00 a.m. at the Buncombe County Courthouse,
District Court #2, 7th Floor, Asheville.
It appears at this time that this case will be continued and go to mediated settlement
conference and there is a possibility of settlement. However, I will keep you informed of the
developments in the case and update you on the status prior o the scheduled hearing date.
If the case should go to hearing on the scheduled date, the following persons may be called
to testify:
Harlan K. Britt
Deputy Director
Division of Water Quality
Forrest Westall
Water Quality Regional Supervisor
Asheville Regional Office
Mike Parker
Environmental Chemist
Asheville Regional Office
An Enual Onnortunity / Affirmatives Artion Emnlover

Page Two (2)
Dennis G. Owenby
Assistant Regional Engineer
Asheville Regional Office
William Beck
Environmental Engineering Technician
Asheville Regional Office
Please let me know immediately if any of the persons listed above cannot be available on the date
proposed.
Thank you.
SPS/lgg
Enclosure
xc: Roy Davis
Regional Supervisor

ppppppp—
STATE OF NORTH CAROLINA
COUNTY OF AVERY
IN THE OFFICE OF
n� VSTRATiVE"HEARINGS
AUG 36 A"7 EHR 0413J�I
t.1 1 v ;r
FILED
LEES-MCRAE COLLEGE, INC., ADMINJR,,"' O� gRiNr,� -
Petitioner, )
NOTICE OF HEARING
V. ) G.S. 15013-23 (b)
STATE OF NORTH CAROLINA, )
DEPARTMENT OF ENVIRONMENT, )
HEALTH, AND NATURAL RESOURCES,)
Respondent. )
NOTICE IS HEREBY GIVEN that the above -captioned case will be brought on
for hearing before the undersigned administrative law judge on Thursday. September 4
1997 at 9:00 a.m. or as soon thereafter as possible in the Buncombe County Courthouse
District Court 92, 7`h Floor, Asheville North Carolina.
1. This hearing will be conducted in accordance with G.S. Chapter 150B and the
Rules of Contested Case Hearings in the Office of Administrative Hearings, copies
of which may be obtained at cost from Molly Masich, Director of APA Services.
2. Unless otherwise determined by the administrative law judge, the hearing will
proceed in the following sequence:
a. Call of the case
b. Motions and other preliminary matters
C. Stipulations, agreements, or consent orders entered into the record
d. Opening statements
e. Presentation of evidence, cross-examination
f. Final arguments
3. All parties are hereby notified to bring to the hearing all documents, records, and
witnesses needed to present the party's case.
NOTE: IF SPECIAL EQUIPMENT IS REQUIRED FOR THE
PRESENTATION OF EVIDENCE, THE PARTIES ARE RESPONSIBLE
FOR MAKING ARRANGEMENTS FOR THE EQUIPMENT.
4. Subpoenas may be available to the parties pursuant to 26 NCAC 3 .0113 to
compel the attendance of witnesses or for the production of documents.

5. A party may represent himself or be represented by an attorney. A party who is
represented by an attorney must f lc a Notice of Representation within 10 days of
service of this Notice containing the name, address, and telephone number of the
attorney, unless the attorney has already corresponded with this Office concerning
this case. F
TAKE NOTICE THAT A FAILURE TO APPEAR AT THE HEARING MAY RESULT
IN:
A finding that the allegations of or the issues set out in this Notice may be taken as
true or deemed proved without further evidence;
2. Dismissal of the case or allowance of the motion or' petition;
3. Suppression of a claim or defense; or
4. Exclusion of evidence.
This the W day of August, 1997.
J, - /A, 'U� '� -
Fred G. Morrison Jr.
Senior Administrative Law Judge
NOTICE OF CANCELLATION OF HEARING
THE PARTIES MUST NOTIFY THE OFFICE OF ADMINISTRATIVE
HEARINGS AT LEAST 24 HOURS PRIOR TO THE CANCELLATION OF THE
CONTESTED CASE HEARING. FAILURE TO GIVE TIMELY NOTICE OF
CANCELLATION MAY RESULT IN A CHARGE TO THE PARTIES FOR THE
COST OF THE COURT REPORTER OR HEARING ASSISTANT. SEE 26 NCAC
3.0122(2).

ppppppp -3-
A copy of the foregoing was mailed to:
C. Woodrow Teague
Kurt F. Hausler
Teague Campbell Dennis & Gorham, LLP
211 E. Six Forks Road
Suite 114
Raleigh, NC 27609
Attorneys for Petitioner
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
Suite 203
11 North Market Street
Asheville, NC 28709
Attorney for Respondent
This the (otq day of August, 1997.
&'S a)"a /bnt'l "'�6U
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
91.9/733-2698
Fax: [phone]

MICHAEL F. EASLEY
ATTORNEY GENERAL
-- MEMORANDUM --
Stat
-e of Nvrf4 Carolina
Pepartnwnt of Justice
SUITE 203
11 NORTH MARKET STREET
ASHEVILLE, N. C. 28801
TO: Harlan K. Britt
Deputy Director
Division of Water Quality
FROM: Sueanna P. Sumpterh
Assistant Attorney General
DATE: August 19, 1997
RE: Lees -McRae College, Inc. v. State of North Carolina DEHNR
OAH File No: 97 EHR 0413
i
`.01
9� 117 2 1997
a (
WESTERN OFFICE
PHONE [phone]
FAX [phone]
I am sending to you copies of the Notice of Hearing entered by the Administrative Law Judge
in the above -referenced contested case. As you will note, the hearing in this matter has now been
scheduled for Thursday, September 4, 1997 at 9:00 a.m. at the Buncombe County Courthouse,
District Court #2, 7th Floor, Asheville.
It appears at this time that this case will be continued and go to mediated settlement
conference and there is a possibility of settlement. However, I will keep you informed of the
developments in the case and update you on the status prior o the scheduled hearing date.
If the case should go to hearing on the scheduled date, the following persons may be called
to testify:
Harlan K. Britt
Deputy Director
Division of Water Quality
Forrest Westall
Water Quality Regional Supervisor
Asheville Regional Office
Mike Parker
Environmental Chemist
Asheville Regional Office
An Eaual O000rtunity / Affirmative Action Emnlover

Page Two (2)
Dennis G. Owenby
Assistant Regional Engineer
Asheville Regional Office
William Beck
Environmental Engineering Technician
Asheville Regional Office
Please let me know immediately if any of the persons listed above cannot be available on the date
proposed.
Thank you.
SPS/lgg
Enclosure
xc: Roy Davis
Regional Supervisor

STATE OF NORTH CAROLINA IN THE OFFICE OF
AI�1 ISTRATIVE HEARINGS
COUNTY OF AVERY AUG 6 138 NI`dd 7 EHR 0413ra
FILED
4FF
LEES-MCRAE COLLEGE, INC., ADHINjRF,7lCE IF
1VE HEARINGS - -
Petitioner,
NOTICE OF HEARING
V. ) G.S. 150B-23 (b)
STATE OF NORTH CAROLINA, )
DEPARTMENT OF ENVIRONMENT, )
HEALTH, AND NATURAL RESOURCES, )
Respondent. )
NOTICE IS HEREBY GIVEN that the above -captioned case will be brought on
for hearing before the undersigned administrative law judge on Thursday, September 4,
1997 at 9:00 a.m. or as soon thereafter as possible in the Buncombe County Courthouse,
District Court 92, 71h Floor, Asheville, North Carolina.
1. This hearing will be conducted in accordance with G.S. Chapter 150B and the
Rules of Contested Case Hearings in the Office of Administrative Hearings, copies
of which may be obtained at cost from Molly Masich, Director of APA Services.
2
3
0
Unless otherwise determined by the administrative law judge, the hearing will
proceed in the following sequence:
a. Call of the case
b. Motions and other preliminary matters
C. Stipulations, agreements, or consent orders entered into the record
d. Opening statements
e. Presentation of evidence; cross-examination
f. Final arguments
All parties are hereby notified to bring to the hearing all documents, records, and
witnesses needed to present the party's case.
NOTE: IF SPECIAL EQUIPMENT IS REQUIRED FOR THE
PRESENTATION OF EVIDENCE, THE PARTIES ARE RESPONSIBLE
FOR MAKING ARRANGEMENTS FOR THE EQUIPMENT.
Subpoenas may be available to the parties pursuant to 26 NCAC 3 .0113 to
compel the attendance of witnesses or for the production of documents.

-2-
5. A party may represent himself or be represented by an attorney. A party who is
represented by an attorney must file a Notice of Representation within 10 days of
service of this Notice containing the name, address, and telephone number of the
attorney, unless the attorney has already corresponded with this Office concerning
this case.
TAKE NOTICE THAT A FAILURE TO APPEAR AT THE HEARING MAY RESULT
IN:
1. A finding that the allegations of or the issues set out in this Notice may be taken as
true or deemed proved without further evidence;
2. Dismissal of the case or allowance of the motion or petition;
3. Suppression of a claim or defense; or
4. Exclusion of evidence.
This the W day of August, 1997.
Fred G. Morrison Jr.
Senior Administrative Law Judge
NOTICE OF CANCELLATION OF HEARING
THE PARTIES MUST NOTIFY THE OFFICE OF ADMINISTRATIVE
HEARINGS AT LEAST 24 HOURS PRIOR TO THE CANCELLATION OF THE
CONTESTED CASE HEARING. FAILURE TO GIVE TIMELY NOTICE OF
CANCELLATION MAY RESULT IN A CHARGE TO THE PARTIES FOR THE
COST OF THE COURT REPORTER OR HEARING ASSISTANT. SEE 26 NCAC
3.0122(2).

-3-
' A copy of the foregoing was mailed to:
C. Woodrow Teague
Kurt F. Hausler
Teague Campbell Dennis & Gorham, LLP
211 E. Six Forks Road
Suite 114
Raleigh, NC 27609
Attorneys for Petitioner
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
Suite 203
11 North Market Street
Asheville, NC 28709
Attorney for Respondent
This the �t1v day of August, 1997.
&V S Q')i'a ft)rLW CAW
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
919/733-2698
Fax: [phone]

a;
Stat of ur# (frul xea
MICHAEL F. EASLEY 11epartment of Justire
ATTORNEY GENERAL
SUITE 203
11 NORTH MARKET STREET
ASHEVILLE, N. C. 28801
19 August 1997
_,7
WESTERN OFFICE
PHONE [phone]
FAX [phone]
Kurt F. Hausler, Esq. By U.S. Mail and Facsimile Transmission
1621 Midtown Place Fax No. [phone]
Raleigh NC 27609
RE: Lees -McRae College, Inc. v. State of North Carolina, DEHNR
OAH File No. 97 EHR 0413
Dear Mr. Hausler:
I am enclosing a proposed joint motion to continue the hearing in the above -referenced contested
case. If it meets with your approval, please sign it on behalf of the petitioner and forward to OAH. I would
suggest that it be filed immediately by fax for Judge Morrison's consideration, with the original to be filed
later. We will probably need to request a telephone conference with Judge Morrison as well.
Please call me at your earliest convenience to discuss this matter further.
/SPS
Enclosure
xc: Harlan Britt
Roy Davis
Sincerely,
Sueanna P. Sumpter
Assistant Attorney General
An Equal Opportunity / Affirmative Action Employer

STATE OF NORTH CAROLINA
COUNTY OF AVERY
LEES-MCRAE COLLEGE, INC., )
Petitioner, )
V. )
STATE OF NORTH CAROLINA, )
DEPARTMENT OF ENVIRONMENT, )
HEALTH, AND NATURAL RESOURCES, )
Respondent. )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
97 EHR 0413
MOTION TO
CONTINUE HEARING
NOW COME the petitioner and respondent, by and through their
respective counsel of record, and move to continue the contested
case hearing now scheduled in this matter for 4 September 1997 in
Asheville NC. As grounds for their motion, the parties
respectfully show the Administrative Law Judge the following:
1. The parties desire to engage in a mediated settlement
conference pursuant to 26 N.C. Admin. Code .0200 et seq. However,
the schedules of counsel will not permit this to be accomplished
prior to the hearing date.
2. If the motion to continue is allowed, the parties will
promptly move to select a mediator and schedule the conference.
WHEREFORE the parties move the Administrative Law Judge to
continue the hearing in this matter for a period of 60 days to
allow them to engage in a mediated settlement conference.
This the day of August, 1997.
TEAGUE, CAMPBELL, DENNIS &
GORHAM, L.L.P.
Attorneys for the petitioner
By.
Kurt F. Hausler, Esq.
1621 Midtown Place
Raleigh NC 27609
[phone]
MICHAEL F. EASLEY
Attorney General
Sueanna P. Sumpter
Assistant Attorney General
11 N. Market St., Suite 203
Asheville NC 28801
[phone]

State of North.. Carolina
Department of Environment,
Health and Natural Resources
'��Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
LT."A
'T4
�EHN1
April 23, 1997
MS DEAN FARRAR
CHIEF HEARINGS CLERK
OFFICE OF ADMINISTRATIVE HEARINGS
POST OFFICE DRAWER 27447
RALEIGH NC 27611-7447
RE: Civil Tenalty Assessment Against Lees McRae College
Avery County
Our File No. SS 96-003
Dear Ms. Farrar:
Ilia IlU
APR 2 S 199i
1Y SECTI
IONAL 01
Would you please search your records and determine if any of the individuals and/or entity
listed above has filed a Petition for a Contested Case Hearing on or before April 17, 1997?
If no petition was filed by April 17, 1997, please ask Judge Mann to execute the attached
certification and return it to my attention at the address below:
Linda Forehand
Water Quality Section
Division of Water Quality
P. O. Box 29535
Raleigh, NC 27626-0535
If you have any questions concerning this matter, please contact me at 733-5083, ext. 526.
Thank you for your cooperation in this matter.
Sincerely,
Linda Forehand
Compliance Group
cc: Enforcement File
Asheville Regional Office- — ,
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

P,
State of North Carolir`�'"'
epartment of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 13, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dr. James Schobel, President
Lees.McRae College
PO Box 128
Banner Elk NC 28604
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Lees McRae College
Avery County
File No. SS 96-003
Dear Dr. Schobel:
This letter transmits notice of a civil penalty assessed against Lees McRae College in the amount
of $5908.62, including $908.62 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken
under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing
violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment shouuld be made directly to the order of the Department of Environment, Health,
and Natural Resources (do not include waiver form). Payment of the penalty will not
foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
P.O. Box 29535
Raleigh, North Carolina 27626-0535
OR
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

pppppp
M N
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the "
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 14313-
282.1(b) were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
M'
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request
an administrative hearing. This request must be in the form of a written petition
to the Office of Administrative Hearings and must conform to Chapter 150B of
the North Carolina General Statutes. You must
File your original. petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Richard B. Whisnant
Registered Agent
Dept. of Environment, Health, and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687

as
L7-
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Linda Forehand at [phone], extension
526.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

:1
STATE OF NORTH CAROLINA
COUNTY OF AVERY
IN THE MATTER OF:
LEES-McRAE COLLEGE,
INCORPORATED
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE 143-215.1
AND
15A NCAC 2B .0200
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH AND
NATURAL RESOURCES
FILE No. SS 96-03
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statues (G.S.) 143-
215.6A, I, A. Preston Howard, Jr., Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Lees -McRae College is a corporation organized and existing
under the laws of the State of North Carolina. Lees -McRae
College owns and operates a college and property which
includes a dam and mill pond on the Elk River. The Elk
River is classified as C-trout waters.
B. After receiving several telephone complaints concerning the
Elk River DWQ staff inspected the Elk River on May 30,
1996. The gates at the mill pond dam were open and the
pond had been drained. An excessive amount of sediment was
washing downstream, filling the pools in the river and
causing excessive turbidity in a normally clear trout
stream.
C. On May 30, 1996, DWQ staff took turbidity samples in the
Elk River. The turbidity in the Elk River was measured at
6.9 NTU's at the upper end of the mill pond at NCSR 1342
and 210 NTU's 200 feet below the dam. The stream turbidity
standard is 10 NTU's, as set forth in 15A NCAC 2B .0211 (b)
(3) (K) .
D. On June 12, 1996, DWQ staff met with officials from Lees -
McRae College to discuss the water quality problems related
to draining the pond by simply opening the gates at the
dam. DWQ staff suggested several alternative options other
than draining the pond, while minimizing the release of
sediments to downstream waters.
E. On July 8, 1996, DWQ staff inspected the mill pond and
stream below the dam, and observed that the gate was open,
the pond was drained, and the water below the dam was
extremely turbid. An excessive amount of silt was washing

out of the lake bed and down the Elk River.
F. DWQ staff took turbidity samples in the Elk River. The
turbidity in the Elk River was measured at 4.3 NTU's at the
upper end of the mill pond at NCSR 1342, 2500 NTU's 200
feet below the dam and 97 NTU's approximately 5000 feet
below the dam. The stream turbidity standard is 10 NTU's,
as set forth in 15A NCAC 23 .0211 (b) (3) (K).
G. On July 10, 1996, DWQ staff inspected the mill pond and
stream below the dam. The water was very turbid, and an
excessive amount of silt was washing out of the lake bed.
H. DWQ staff took turbidity samples in the Elk River.
The turbidity in the Elk River was measured at 4.9 NTU's at
the upper end of the mill pond at NCSR 1342 and 140 NTU's
200 feet below the dam. The stream turbidity standard is
10 NTU's as set forth in 15 A NCAC 2B .0211 (b) (3) (K).
I. The violations were the result of personnel with Lees -McRae
College willfully opening valves and gates to drain the
lake.
J. Staff costs and expenses associated with detecting the
violation, defining its nature and extent and bringing the
enforcement action totaled $908.62.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Lees -McRae College is,a "person" within the meaning of G.S.
143-215.6A pursuant to G.S. 143-212-(4).
B. Lees -McRae College violated 15A NCAC 2B .0211 (b) (3) (K),
the water quality standard for turbidity applicable to
Class C-trout waters on May 30, 1996.
C. Lees -McRae College violated 15A NCAC 2B .0211 (b) (3) (K),
the water quality standard for turbidity applicable to
Class C-trout waters on July 8, 1996.
D. Lees -McRae College violated 15A NCAC 2B .0211 (b) (3) (K),
the water quality standard for turbidity applicable to
Class C-trout waters on July 10, 1996.
E. General Statute 143-215.6A (a) (1) provides that a civil
penalty of not more than ten thousand dollars per day may
be assessed against a person who violates any
classification, standard, limitation, or management
practice established pursuant to G.S. 143-214.1, 143-214.2
or 143-215.
9

so
F. General Statue 143-215.3(a) (9) provides that the
reasonable costs of any investigation, inspection or
monitoring survey may be assessed against a person who
violates any regulations, standards, or conditions of any
permit issued to G.S. 143-215.1, or special order or other
document issued pursuant to G.S. 143-215.2.
G. The Director, Division of Water Quality pursuant to G.S.
143-215.6A (h), has the authority to assess civil
penalties.
Based upon the above Findings of Fact and Conclusions --of Law, I
make the following:
DECISION:
Pursuant to G.S. 143-215.6A in determining the amount of the
penalty, I have taken into account the Findings of Fact and
Conclusions of Law and considered the factors listed in G.S.
143-282.1.
Accordingly, Lees -McRae College is hereby assessed a civil
penalty of:
$ Sj-3-0 .. "-?)
$ $908.62
$ s iv8-&-Z
for one violation of 15A NCAC 2B .0211
on May 30, 1996.
for one violation of 15A NCAC 2B .0211
on July 8, 1996.
for one violation of 15A NCAC 2B .0211
on July 10, 1996.
TOTAL CIVIL PENALTY which is %
percent of the maximum penalty
authorized by G.S. 143-215.6A (a)
Enforcement costs.
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of
the penalty I have considered the factors listed in G.S.143B-
282.1(b), which are:

(1) The degree and extent of harm to the natural resources of the
State, to the public health, or to private property resulting,
from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by non-compliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
I-)ZIOA17
(DATE) A. Preston Howard, Jr., P.E., Director
Division of Water Quality
4

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the riIn
ght to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
This the day of , 19
SIGNATURE
ADDRESS
TELEPHONE

MICHAEL F. EASLEY
An"ORNF_Y GENERAL
s TAT£
State of North Carolina
Department of .justice
Suite 203
1 1 North Market Street
Asheville, N. C. 28801
-- MEMORANDUM --
TO: Harlan K. Britt
Deputy Director
Division of Water Quality
FROM: Sueanna P. SumpterO
Assistant Attorney General
DATE: June 11, 1997
RE: Lees -McRae College, Inc. v.
State of North Carolina DEHNR
OAH Docket # 97 EHR 0413
WESTERN OFFICE
PHONE: [phone]
FAX: [phone]
a lJ L5
+. _ 12 1,997 L�
ti4',°, _
r.
I am sending to you copies of the scheduling order entered by the
Administrative Law Judge in the above -referenced contested case. As you will
note, the hearing in this matter will be held during the week of September 1,
1997, in Asheville, North Carolina.
The following persons may be called to testify at the hearing:
Harlan K. Britt
Deputy Director
Division of Water Quality
Forrest Westall
Water Quality Regional Supervisor
Asheville Regional Office
like
Environmental Chemist
Asheville Regional Office
Please let me know immediately if any of the persons listed above cannot be
available on the date proposed.
Thank you.
/kmr
Enclosure
An Equal Opportunity / Affirmative Action Employer

LEES-MCRAE COLLEGE, INC.
Petitioner
v.
STATE OF NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH AND NATURAL
RESOURCES
Respondent
MAY 12 1 w
N.C. ATT08N
SCHEDfPW er6 ' ilq
vision
The undersigned has established the following Scheduling Order.
This Scheduling Order may be later amended in the discretion of the
Administrative Law Judge, based upon information provided in the
parties' Prehearing Statements. The parties will be notified of any
changes by way of an Amended Scheduling Order.
1. The hearing for this contested case will be scheduled in
Asheville, North Carolina, for the week beginning September 1' 1997.
At least 15 days prior to the hearing the Administrative Law Judge
will mail to the parties a more specific notice of the date, time and
location of the hearing.
2. Discovery shall be completed on or before Atgust 18, 1997.
IT IS SO ORDERED.
This the V day of -- 1997.
PdG.Morrison Jr.
Senior Administrative La Judge
RECEIVED
OFOCE QF OENERAL cOUI
MAY 9 1997
AND NATURAL

-2-
A copy of the foregoing was mailed to:
C Woodrow Teague
Teague Campbell Dennis &
Gorham LLP
211 E Six Forks Road
Suite 114
Raleigh NC 27609-
Attorney for Petitioner
Kurt F Hausler
Teague Campbell Dennis &
Gorham LLP
211 E Six Forks road
Suite 114
Raleigh NC 27609-
Attorney for Petitioner
Jonathan Howes, Sec.
State of North Carolina Department of
Environment, Health and Natural
Resources
Attn: Richard B Whisnant
512 North Salisbury St
Raleigh NC 27611-
Respondent
This the day of _. 1997.
Dean E. Coley
Chief Hearings Clerk
Office of Administr_at v Hearings
PO Drawer 27447
Raleigh NC 27611-7447
919/733-0926

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— —State of North Carolina
Department of Environment,
Health and Natural Resources
Asheville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Nann B. Guthrie, Regional Manager
November 14, 1995
CERTIFIED MAIL - Z 150 122 136
RETURN RECEIPT REQUESTED
Mr. Melvin C. Law
Lees -McRae College
P. O. Box 128
Banner Elk, NC 28604
RE: MILL POND DAM -AVERY COUNTY (024)
Dear Mr. Law:
r - ATTACHMENT D
1••
1:3EHNF1
LAND QUALITY SECTION
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 insure the maintenance of stream flows.
On November 7, 1995, the referenced dam was visually inspected by personnel of this office. The
inspection was made under jurisdiction of the Dam Safety Law which requires owners of dams under its
jurisdiction to maintain such dams in a safe operating condition.
Several problems exist with this dam which must be corrected. These problems are:
Overtopping of the abutments of the dam during flooding associated with Hurricane Opal has
caused damage to the earthen/rock section on the right side of the dam.
2. Some rocks in the masonry work on the top of the dam have been washed away.
Seepage is emerging from the rocks on the left abutment.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures.
In order to ensure the safety of the dam, we request'that you retain, by December 15, 1995. the
services of a qualified, registered engineer or engineering firm to prepare and submit a plan for repairing or
breaching the dam. Plans, specifications, and design calculations bearingf the responsible engineer
must be filed with the Division of Land Resources for approval pursuant to Title 15, Subchapters 2K of the
North Carolina Administrative Code.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Melvin C. Law
November 14, '.995
Page 2
Failure to comply with this request will result in the issuance of a Dam Safety Order requiring that the
dam be breached or repaired.
Please advise me of your intended action in this matter. If I do not receive notification on or before
December 15. 1995 of your intent to voluntarily undertake the action requested in this letter, I shall present
the case information to the Attorney General's Office and request that a Dam Safety Order be issued calling
for the repair or removal of the dam.
If you have any questions regarding this matter, please contact either Dennis Owenby or me at
704/251-6208.
Sincerely, i
Q
Richard A. Phillips, P.E.
Regional Engineer
RAP:a
cc: Mr. Jim Leumas, P.E.

c State of North Cui ylina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Asheville Regional Office
WATER QUALITY SECTION
July 29, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dr. James Schobel, President
Lees -McRae College
Post Office Box 128
Banner Elk, North Carolina 28604
Subject: Notice of Recommendation for
Enforcement
Lees -McRae College
Avery County
Dear Dr. Schobel:
This letter is to notify you that the Asheville Regional
Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of the
Division of Water Quality. The recommendation concerns the
violation by Lees -McRae College of North Carolina General Statute
143-215.1, (Water Quality Standard for turbidity).
If you have an explanation for this violation that you wish
to present, please respond in writing to me within ten (10) days
following receipt of this Notice. Your explanation will be
reviewed and if an enforcement action is still deemed
appropriate, your explanation will be forwarded to the Director
with the enforcement package for his consideration.
If you have any questions concerning this matter, please
contact Mr. Mike Parker at 704/251-6208.
Sincerely,
Roy M. avis, Regional Supervisor
Division of Water Quality
xc: Compliance/Enforcement Group
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

s
P 877 594 225
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No Insurance Coverage Provided
ur+rtEo srArEs DO not use for International Mail
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Division of Environmental Management
/
CHAIN OF CUSTODY RECORD C` ` - ' —1
For Investigation of ce c_ r�t (t,. ,(J 1o,Js /e-eS 114e. -A"P �U(
Samples
collected and DMI forms completed by: �
ab Oril3r
Lab'No.
Station.
No.
Station Location
Date
Time
No. of
Bottles
7�3
IA-�2;�•�ti ,����� 3�140
ZI M
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Re eived b (Signature):
Date / Time
el
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Rec b
Ref
Rec by
Rel
Rec by (Lab)
/
thod of
Shipment:
e�L41 �L A,)
Security
Seal b Broken by:
a and Condition: Lock b en by:
f •n 7fnfl A1RV
Lab No.
From Through
No.
Containers
Lcu+
Analysis
Relinquished by
Received by.
Date Time
7.Ss�
T Rn
;7 6 !d ,00.
4"
J

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIE.. -LAB FORM (DM1)
COUNTY PRIORITY
RIVER BASIN ❑AMBIENT ❑ QA
REPORT TO�±R FRO MRO RRO WaRO WIRO WSRO TS
AT BM
Other ❑COMPLIANCE ❑ CHAIN
OF CUSTODY
Shipped by; Bus Courier, ff ther ❑EMERGENCY
COLLECTOR(S): a�f�ctiJ
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑
SAMPLE TYPE
STREAM
❑ LAKE
❑ ESTUARY
❑
EFF0
LUENT
❑
INFLUENT
Fnr i.ah nee r%mr v
Lab Number:
3
Date Received. 7/r�
p7
/ Time: �/t
r
Rec'd by: <9itir
From: Bus -Court -Hand De
DATA ENTRY BY:
4'~ CK:
DATE REPORTED:
% — /D — c
STATION LOCATION:
/
REMARKS:
Chloride 940 mg/1
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/1
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/I
Formaldehyde 71880 mg/I
Grease and Oils 556 mgA
Hardness Total 9900 mg/I
Specific Cond. 95 2
uMhos/cm
MBAS 38260 mg/I
Phenols 32730 ug/1
Sulfate 945 in
Sulfide 745 mg/I
NH3 as N 610 mg/l
TKN as N 625 mgA
NO2 plus NO3 as N 630 mgA
P: Total as P 665 mg/I
PO4 as P 70507 mgA
P: Dissolved as P 666 mgA
CdCadmium 1027 ugA
Cr-ChromiurmTotal1034 ugA
Cu-Copper 1042 ug/l
Ni-Nickel 1067 ugA
Pb-Lead 1051 ugA
Zn-Zinc 1092 ugA
Ag-Silver 1077 ugn
AI-AIuminum 1105 ug/i
Be-Berynium 1012 ug/I
Ca -Calcium 916 mg/1
Co -Cobalt 1037 ugA
Fe -Iron 1045 ugn
Li -Lithium 1132 ug/1
Mg -Magnesium 927 mg
Mn-Manganese 1055 ug/I
Na-Sodium 929 mgA
Arsenic:Total 1002 ug/1
Se -Selenium 1147 ug/1
Hg-Mercury 71900 ugA
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
PurgeaAe Organics (VOA bottle reg'd
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature (C)
D.O. mgA
pH
Alkalinity
pH 8.3 pH 4.5
Acidity
pH 4.5 pH 8.3
Air Temperature (C)
2
94
Salinity %
10
Precipition Wday)
300 .
Cloud Cover %
400 .
Wind Direction (Deg)
82244 1 431
Stream Flow Severity Turbidity Severity
82243 182242
Wind Velocity M/H can Stream Depth ft.
20
Stream Width ft-
480 1
45
32
36
1351 1350 1
35 64 14
DMI/Revised 10/86

DIVISION OFF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIL---.-LAB FORM (DM1)
COUNTY //
(j/
PRIORITY
SAMPLE TYPE
RIVER BASIN p
❑AMBIENT ❑
❑
REPORT TO AR RO MRO R
WaRO WiRO WSRO TS QA
STREAM
EFFLUENT
AT BM
❑ COMPLIANCE ❑ CHAIN
❑ LAKE
❑
Other
Other
INFLUENT
OF CUSTODY
Shipped by: Bus Courie Sta f Other ❑ EMERGENCY ❑ ESTUARY
COLLECTOR(S):
Estimated BOD anger 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION:
Seed: Yes ❑ No ❑ Chlorinated: Yes ElNo ❑ REMARKS:
Fnr Lab IT.. nNr v
Lab Number:
Date Received:
Time:
Rec'd by: 6k-1L7 I From: Bus-Courie and Del
DATA ENTRY BY:
4—CK: OWl—
DATE REPORTED:
%
itation # Date Begin (yy/mm/dd) Time Begin Date End Time End I Depth DM DB DBM Value Type Composite Sample T
()r — 7 CI ! 3� A H L T S B C GNXX
1
13UUS Slu mg/I
2
COD High 340 mgA
3
COD Low 335 mg/l
4
Coliform: MF Fecal 31616 /100m1
5
Coliform: MF Total 31504 /100ml
6
Coliform: Tube Fecal 31615 /loom]
7
Coliform: Fecal Strep 31673 /100m1
8
Residue: Total 500 mg/l
9
Volatile 505 mg/l
10
Fixed 510 mg/l
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/l
13
Fixed 540 mg/l
14
pH 403 units
15
Acidity to pH 4-5 436 mg/I
16
Acidity to pH'8.3 435 mg/l
17
Alkalinity to pH 8.3 415 mg/1
18
Alkalinity to pH 4.5 410 mg/1
19
TOC 680 mg/I
20
--)�
Turbidity 76 i1 S O c NTU
Chloride 940 mg/I
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/1
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/1
Formaldehyde 71880 mg/l
Grease and Oils 556 mgA
Hardness Total900 mg/l
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/l
Phenols 32730 u9/1
Sulfate 945 mg/1
Sulfide 745 mg/I
NH3 as N 610 mgA
TKN as N 625 mgA
NO2 plus NO3 as N 630 m9A
P: Total as P 665 mgA
PO4 as P 70507 mgA
P: Dissolved as P 666 mgA
Cd-Cadmium 1027 ugA
Cr-Chromium:Total1034 ugA
Cu-Copper 1042 ug/1
Ni-Nickel 1067 ugA
Pb-Lead 1051 ugA
Zn-Zinc 1092 ugA
Ag-Silver 1077 ug/I
Al -Aluminum 1105 ug/1
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mg/I
Co -Cobalt 1037 ugA
Fe -iron 1045 ugA
Li -Lithium 1132 ug/1
Mg -Magnesium 927 mg/
Mn-Manganese'1055 ug/I
Na-Sodium 929 mg/l
Arsenic -Total 1002 ug/1
Se -Selenium 1147 ug/1
Hg-Mercury 71900 ugA
Organochlorine Pesticides
Oiganophosphorus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature
D.O. mg/l
pH
Alkalinity
Acidity
Air Temperature (C)
pH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 1.
400 .
82244 431
82243 182242
20
Salinity %
Precipition (in/day)
Cloud Cover %
Wind Direction O)eg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
Mean Stream Depth fL
Stream Width fL
480
45
32
36
1351
1350
35
64
4
DM1/Revised 10/86

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FI AB FORM (DM1)
COUNTY PRIORITY SAMPLE TYPE 3
RIVER BASIN p� ✓ �c4 ❑ 56 ❑ REPORT T . ARO RO MRO
Other 'RO WaRO WIRO WSRO TS ❑AMBIENT QA
AT BM ❑COMPLIANCE El CHAIN
Other OF CUSTODY
Shipped by: Bus Courler taff Other ❑EMERGENCY
COLLECTOR(S):
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑
STREAM
❑ LAKE
❑ ESTUARY
EFFLUENT
❑ INFLUENT
F— i soh rice r\Nr V
Lab Number:
j 5-
%/
Date Received: 7/ ,�/S
C7 Time:
Rec'd by: ,k44_
I From: Bus-Courie and Del
t,
Cl— )
C
DATA ENTRY BY:
CK: LA
DATE REPORTED: %
STATION LOCATION: 44. -0/R.
REMARKS:
r7�i
Date Begin (yy/mm/dd)
Time Begin
Date End
Time End
Depth DM DB DBM
Value Type
Composite
Sample T e
o
1, s-Z)
A H L
T S B
CGNXX
1
BOD5 310
mg/1
2
COD High 340
mg/1
3
COD Lode 335
mg/l
4
Coliform: MF Fecal 31616
/100ml
5
Coliform: MF Total 31504
/100ml
6
Coliform: Tube Fecal 31615
/100ml
7
Coliform: Fecal Strep 31673
/100ml
8
Residue: Total 500
mg/I
10
Fixed 510 mg/1
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/1
13
Fixed 540 mg/I
14
PH 403 units
15
Acidity to pH 4.5 436 mg/1
16
Acidity to pH 8.3 435 mg/1
17
Alkalinity to pH 8.3 415 mgA
18
Alkalinity to pH 4.5 410 mg/1
19
TOC 680 mg/1
20
Turbidity 76 (� '7 NTU
Chloride 940 mg/I
Chi it: Tri 32217 ug/l
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color -.(PH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/1
Formaldehyde 71880 mg/1
Grease and Oils 556 mgA
Hardness Total900 mg/l
Specific Cond. 95 2
uMhos/cm
MBAS 38260 mg/l
Phenols 32730 ug/I
Sulfate 945 mgA
Sulfide 745 mg/I
NH3 as N 610 mgA
TKN as N 625 mg/l
NO2 plus NO3 as N 630 mg/l
P: Total as P 665 mg/1
PO4 as P 70507 mgA
P: Dissolved as P 666 mg/1
Cd-Cadmium 1027 ugA
Cr-Chromium:Total1034 119/1
Cu-Copper 1042 ug/1
Ni-Nickel 1067 ugA
Pb-Lead 1051 ugA
Zn-Zinc 1092 ugA
Ag-Silver 1077 uSA
AI -Aluminum 1105 ug/1
Be-Berylium 1012 ug/I
Ca -Calcium 916 mg/I
Co -Cobalt 1037 ugA
Fe -Iron 1045 ug/1
Li -Lithium 1132 ugA
Mg -Magnesium 927 m!
Mn-Manganese 1055 ug/I
Na-Sodium 929 mg/1
Arsenic:Total 1002 ug/I
Se -Selenium 1147 ug/I
Hg-Mercury 71900 ug/I
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd`
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature
D.O. mg/l
pH
Alkalinity
Acidity
Air Temperature (C)
PH 83 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 1•
400 .
82244 431
82243 182242
20
Salinity %
Precipition On/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth ft.
Stream Width fL
480
45
32
36
1351
1350
35
64
4
DM1/Revised 10/86

Division of Environmental Management
CHAIN OF CUSTODY RECORD
For Investigation of er
Samples collected and DMI forms completed by:
2L
Lab Ori13►
Lab'No.
Station.
No.
Station Location
Date
Time
No. of
Bottles
,el ,ei v to cg.N S n- t.� Z-
1 I s
Relin i
hed y( ig
.
to
Re eived by Si ture):
71n
Date / Time
Rel
V
Rec by
Rel
Rec by
Rel
Rec by (Lab)
/
Method of Shipment:
v� Q�•�^-
Pecurity
Sell by:
Type and Condition: Lock b
Broken by:
en by:
LAB USE ONLY
Lab No.
From Through
No.
Containers
Analysis
Relinquished by
Received by,
Date Time

Division of Environmental Management
CHAIN OF CUSTODY RECORD
h
i
;d
� Ili
,( •a..s ,�oC�� Cal!c.� � ��f�i
For Investigation of ,�..�0•� "�' (—; PS fia= A:2� 4&—
Samples collected and
DMI forms completed
by:
ab Orily.
Lab'No.
Station.
No.
Station Location
Date
Time
No. of
Bottles
S Z
�e.0 00 UJj
w clay,,
30
Re i shad b (ana
)•
R
eived b (Signaturg):
Date /Time
el
Rec
by"'
Rel
Rec
by
Rel
Rec
by (Lab)
/
Method of Shipment:
Seal by:
Security a and Condition: Lock b
Broken by:
en by:
Lab No.
From Through
No.
Containers
LAi7 YaG
Analysis
Va\La
Relinquished b
Received b
Date Time
f

DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY
FIE..J-LAB FORM (DM1)
COUNTY ✓ii
PRIORITY
SAMPLE TYPE
0
RIVER BASIN
❑AMBIENT
❑
❑
REPORT T . ARO RO MRO O WaRO WTRO WSRO TS
QA
STREAM
EFFLUENT
AT BM
❑
COMPLIANCE ❑ CHAIN
❑ LAKE
ID INFLUENT
Other
Other
W— t .t, rt.e nntr V
Lab Number: �� Z
r
Date Received— j0—Jo A Time: �� V V
Rec'd by: From: Bus-Couri -Hand Del
/+ �f
DATA ENTRY BY: W f CK:
OF CUSTODY /
Shipped by; Bus Cour r, Staff they ❑EMERGENCY ❑ESTUARY DATE REPORTED 5— . 1
COLLECTOR(S):
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus
STATION LOCATION://� ��i ✓`� / %/u J Q p
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Station �7
Date Begin (yy/mm/dd)
Time Begin
Date End
Time End
Depth DM DB DBM
Value Type
Composite
Sample Ty e
el
A.,
A H L
T S B
C t, GNXX
1
BOD5 310 mg/1
2
COD High 340 mg/l
3
COD Low 335 mg/I
4
Coliform: MF Fecal 31616 /loom,
5
Coliform: MF Total 31504 /100ml
6
Coliform: Tube Fecal 31615 /100m1
7
Coliform: Fecal Strep 31673 /100m1
8
Residue: Total 500 mg/I
9
Volatile 505 mg/1
10
Fixed 510 mg/1
11
Residue: Suspended 530 mg/I
12
Volatile 535 rng/l
13
Fixed 540 mg/1
14
pH 403 units
15
Acidity to pH 4.5 436 mg/1
16
Acidity to pH 8.3 435 mg/1
17
Alkalinity to pH 8.3 415 mg/l
18
Alkalinity to pH 4.5 410 mg/I
19
TOC 680 mgA
20
Turbidity 76 i NTU
Chloride 940 mg/1
Chi a: Tri 32217 ug/1
Chl a: Corr 32209 ug/I
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/I
Formaldehyde 71880 mg/I
Grease and Oils 556 mgA
Hardness Total900 mg/1
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/l
Phenols 32730 ugA
Sulfate 945 mgA
Sulfide 745 mg/1
NH3 as N 610 mgA
TKN as N 625 mg/1
NO2 plus NO3 as N 630 m9A
P: Total as P 665 mg/1
PO4 as P 70507 mgA
P: Dissolved as P 666 mg/I
Cd•Cadmium 1027 ugA
CrChromium:Tota, 1034 ugA
Cu-Copper 1042 ug/1
Ni-Nickel 1067 ug/,
Pb-Lead 1051 ugA
Zn-Zinc 1092 ugA
Ag-Silver 1077 ugA
AI -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/1
Ca -Calcium 916 mgA
Co -Cobalt 1037 ugA
Fe -iron 1045 ugA
Li -Lithium 1132 ug/1
Mg -Magnesium 927 mg
Mn-Manganese 1055 ug, .
Na-Sodium 929 mgA
Arsenic -Total 1002 ug/1
Se -Selenium 1147 ug/I
Hg-Mercury 71900 ug/I
Organochlorine Pesticides
Orgatwphospfwrus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature
D.O. mg/I
pH
Alkalinity
Acidity
Air Temperature (C)
pH 8 3 _pH 4.5
pH 4.5 pH 8.3
2
94
10
300 10
400 1.
82244 431
82243 182242
20
Salinity %
Precipition On/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth ft.
Stream Width fL
480
45
132
136
11351
1350
135
64
14
10/86

DIVISION QF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIE.... -LAB FORM (DM1)
0
COUNTY ,�
PRIORITY
SAMPLE TYPE
RIVER BASIN RL416 Lr
❑AMBIENT ❑
❑
❑
REPORT TO R FRO MRO R� WaRO W►RO WSRO TS
QA
STREAM
EFFLUENT
AT BM
❑COMPLIANCE El CHAIN .
❑LAKE
❑INFLUENT
Other
OF CUSTODY
Shipped by: Bus Co ier, ta�ff Other ❑EMERGENCY ❑ESTUARY
COLLECTOR(S): , df✓(
BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION:/ % // �KJ /V ��% --A—
Estimated
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Fnr f.ah rleo nNr.v
Lab Number:
- (U
Date Received:,5r30—
J lO
Time: �n D
Rec'd by: 6LZI�l
From: Bus-Courie and I,
DATA ENTRY BY:
�w(�
CK:
DATE REPORTED:
,`,' �
�j % — �'j• (�
Statian
Date Begin (yy/mm/dd)
Time Begin
Date End
Time End
Depth DM DB DBM
Value Type
Composite
Sample T
�-' �-b
// ,%JJ
_
T S B
C G GNXX
1
BOD5 310 mg/I
2
COD High 340 mgA
3
COD Low 335 mg/I
4
Coliform: MF Fecal 31616 /looml
5
Coliform: MF Total 31504 /loom]
6
Coliform: Tube Fecal 31615 /loom!
7
Coliform: Fecal Strep 31673 /loom]
8
Residue: Total 500 mg/I
9
Volatile 505 mg/I
10
Fixed 510 mg/1
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/1
13
Fixed 540 mg/I
14
pH 403 units
155
Acidity to pH 45 436 mg/1
16
Acidity to pH 8.3 435 mg/I
17
Alkalinity to pH 8.3 415 mgA
18
Alkalinity to pH 4.5 410 mg/1
19
TOC 680 mg/l
20
Turbidity 76 T NTU
Chloride 940 mg/I
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/1
Formaldehyde 71880 mg/I
Grease and Oils 556 mgA
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/1
Phenols 32730 ug/I
Sulfate 945 mg/1
Sulfide 745 mg/I
NH3 as N 610 mg/1
TKN as N 625 mgA
NO2 plus NO3 as N 630 m9A
P: Total as P 665 mg/l
PO4 as P 70507 mg/I
P: Dissolved as P 666 mgA
Cd•Cadmium 1027 ug/I
CrChromium:Total1034 ugA
Cu-Copper 1042 ug/1
Ni-Nickel 1067 ug/I
Pb-Lead 1051 ugA
Zn-Zinc 1092 ugA
Ag-Silver 1077 ugA
Ai -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mg/1
Co -Cobalt 1037 ugA
Fe -Iron 1045 ugA
Li -Lithium 1132 ug/1
Mg -Magnesium 927 m;
Mn-Manganese 1055 us..
Na-Sodium 929 mgA
Arsenic:Total 1002 ug/I
Se -Selenium 1147 ug/I
Hg-Mercury 71900 ugA
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phymplankton
Sampling Point %
Conductance at 25 C
Water Temperature
D.O. mgA
pH
Alkalinity
Acidity
Air Temperature (C)
pH 83 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 •
400 .
82244 431
82243 82242
20
Salinity %
Precipition Qn/day)
Cloud Cover %
Wind Direction Q)eg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth ft.
StreamWidth ft.
480
45
32
36
1351
1350
35
64
4
DMl/Revised 10/86

For.Investigation of
Division of Environmental Management
CHAIN OF CUSTODY"
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Samples -collected and DMI forms completed by:
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DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY FIELD -LAB FORM (DM1)
COUNTY � /i
PRIORITY
%
SAMPLE TYPE /
RIVER BASIN /t
❑AMBIENT
❑
❑
REPORT T FRO MRO
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QA
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❑
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LAKE INFLUENT
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Shipped by: Bus Courie S Other ❑ EMERGENCY ❑ ESTUARY
COLLECTOR(S): /Z/ �� �/� � '-
Estimated BOD anger 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: / ��- �^� A� C J
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Pn rAh rr.e r%Wf V
Lab Number:
Date Received: %
— /O — S�o Time: 'ti - 0 O
Rec'd by; "�
From: Bus -Courier Hand Del
DATA ENTRY BY:
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DATE REPORTED:
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Station # Date Begin (yy/mm/ ) TimeBeginDate End Time End Depth DM DB DBM Value Type Composite Sample Ty
7& , 01 .. / A H L T S B, / A H T S B C 0 GNXX
1
DUVa .51U mg/I
2
COD High 340 mgA
3
COD Low 335 mg/I
4
Coliform: MF Fecal 31616 /100mi
5
Coliform: MF Total 31504 /100ml
6
Coliform: Tube Fecal 31615 /100ml
7Coliform:
Fecal Strep 31673 /100ml
8Residue:
Total 500 mg/I
9
Volatile 505 rng/I
101
Fixed 510 mg/I
11
Residue: Suspended 530 mg/l
12
Volatile 535 mg
13
Fixed 540 mg/I
14
pH 403 units
15
Acidity to pH 4.5 436 mg/I
16
Acidity to pH 8.3 435 mg/I
17
Alkalinity to pH 8.3 415 mgA
18
Alkalinity to pH 4.5 410 mg/1
19
TOC 680 mgA
20
Turbidity 76 L/ • 1 NTU
Chloride 940 mg/1
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/1
Pheophytin a 32213 ug/l
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/l
Fluoride 951 mgA
Formaldehyde 71880 mg/I
Grease and Oils 556 mgA
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/I
Phenols 32730 ug/I
Sulfate 945 mgA
Sulfide 745 mg/I
NH3 as N 610 mgA
TKN as N 625 mgA
NO2 plus NOS as N 630 mgA
P: Total as P 665 mg/I
PO4 as P 70507 mgA
P: Dissolved as P 666 mgA
Cd-Cadmium 1027 ugA
Cr-Chromium:Total1034 ugA
Cu-Copper 1042 ug/l
Ni-Nickel 1067 ugA
Pb-Lead 1051 ugA
Zn-Zinc 1092 ug/I
Ag-Silver 1077 ugA
Al -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mgA
Co -Cobalt 1037 ugA
Fe -Iron 1045 ugA
Li -Lithium 1132 ugA
Mg -Magnesium 927 mgA
Mn-Manganese 1055 ug/1
Na-Sodium 929 mg/I
Arsenic. -Total 1002 ug/1
Se -Selenium 1147 ug/1
Hg-Mercury 71900 ug/I
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature (
D.O. mgA
pH
Alkalinity
Acidity
Air Temperature (C)
pH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 .
400 •
82244 431
82243 82242
20
Salinity %'
Precipition (in/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H[eon
Stream Depth ft.
Stream Width fL
480
45
32
36
1351
1350
35
4
4

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
COUNTY
PRIORITY SAMPLE TYPE
RIVER BASIN
REPORT TO: RO MRO R O WaRO WiRO WSRO TS ❑AMBIENT ❑ QA STREAM ❑EFFLUENT
AT BM
Other ❑COMPLIANCE ❑ CHAIN rEE31 LAKE ❑ INFLUENT
OF CUSTODYSitipped by: Bus Couri • Staff Other EMERGENCY ESTUARY
OLLECTOR(S):
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: E� f�► 27,Z� —?/-) n /J
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Station # Date Be in
g (yy/mm/d�) Time B In Date End
77
�•�
1 BOD5 310 malt
-e._
For Lab Use ONLY
[EDate
umber: %
Received: %- /D _'F(o Time: LJ C 0
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DATA ENTRY BY: CK:
DATE REPORTED:
Time EndlDepth DM DB DBM Value Type
IJ A H L
nposite Sample T
T S B C AGNXX
Dmi/Revised 10/86

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Asheville Regional Office
MEMORANDUM
.0A_
[DEiHNF7
WATER -QUALITY SECTION
October 11, 1996
TO: Dianne Williams Wilburn
Compliance and Enforcement Group
THROUGH: Forrest R. Westall
Water Quality Regiona visor
FROM: Michael R. Parker M
Environmental Chemist
SUBJECT Enforcement Action
Findings and Decision
Civil Penalties
Lees -McRae College
Avery County ,
Please fin
Lees -McRae
questions,
Enclosure
d enclosed a package for assessment of civil penalties for
College, Banner Elk, North Carolina. If you have any
please call me at 704/251-6208.
01 Interchange Building, 59 Woodfin Place Nof
FAX [phone]
Asheville, North Carolina 28801 C An Equal Opportunity/Affirmative Action Employer
Voice 704-251-6208 _ 50% recycles/ 10% post -consumer paper

Division of Water Quality
Enforcement Case Assessment Factors
Type: Water Quality Standard Violations
Violator: Lees -McRae College, Incorporated
Address: Post Office Box 128, Banner Elk, N. C. 28604
Registered Agent: William B. Farthing
Same address as the college.
1. Dearee and extent of harm and risk of harm caused by the
violation(s):
2
The mill pond was drained on two occasions, May 23, 1996 and
again on July 8 1996. Staff of the Asheville Regional
Office received numerous complaints concerning the sediment
and turbidity it the Elk River. Also, the Wildlife
Resources Commission received similar complaints and
notified the ARO. Mr. Tom Laws, President, Elk River Falls
Fishing Club, call and reported the incident and advised
that the Club had stocked the Elk River with 2000 lbs of 9
inch brown and rainbow trout in April 1996. Mr. Laws
indicated that this incident killed numerous 3-4 inch native
brown and rainbow trout and some of the recently stocked
larger brown and rainbow trout.
Additionally, tons of silt were washed downstream filling in
pools, killing fish and other aquatic organisms, as
evidenced by the amount of silt observed in the pools below
the dam and the sloughing off of silt into the stream
flowing through the mill pond. As indicated above, Mr. Laws
observed the dead fish.
Number of violations:
Three (3) measured violations of the water quality standard
for turbidity in trout waters which is an increase in 10
NTU's. Refer to Attachment A for the results.
3. Duration of violation(s)-
Violations of the turbidity standard apparently occurred
each day the gates to the dam were open. The first time the
gates were opened was from May 23, 1996 through June 1,
1996.

DWQ Enforcement Case Assessment Factors
I. D. Number
Page Two
The second time it was opened was on July 8, 1996 and lasted
until July 10, 1996.
However, there is long term damage to the aquatic
environment, due to the tons of silts lost downstream, that
will extend onward to some unknown time when the fish
populations and macroinverterbrate communities are
reestablished and are able to reproduce.
4. Degree and extent of violation(s)•
Tons of silt were washed downstream from the mill pond and
resulted in this silt being deposited in the pools of the
Elk River.
Many brown and rainbow trout were killed because of the
siltation of the stream. There were both stocked and native
fish. The fish kill was observed by members of the Elk
River Falls Fishing Club. No dead fish were observed by
staff of the Division. Some long term effects on the fish
and benthic ecosystems are anticipated. Refer to the
photographs of the Elk River and mill pond in Attachment B.
5. Cause of violation(s) (Intentional Negligence or
Otherwise):
The draining that occurred during May 23, 1996, through June
3, 1996, was intentional: however; personnel of the College
may have not known that the siltation would be that extreme.
This is unlikely because the dam had been drained in
previous years with the same result.
The draining that occurred on July 8, 1996, through July 10,
1996, was intentional. A meeting was held on June 12, 1996,
at Lees -McRae College between Dr. James A. Schobel,
President of the College, Mr. Tom Macon, Vice -President of
Finance, Roy Davis, Regional Supervisor, Division of Water
Quality and Mike Parker, Environmental Chemist, Division of
Water Quality, Mr. Dennis Owenby, Division of Land Quality,
and Mr. Bill Beck, Division of Land Quality, to discuss
draining the mill pond, the problems it was causing related
to water quality and.steps the college could take to
minimize impacts to the Elk River. The meeting started in
Dr. Schobel's office and was moved to the mill pond dam.
Water Quality staff discussed several options that were
available to the college to minimize the impacts of draining

\
ATTACHMENT A
WATER QUALITY VIOLATIONS
DATE
PARAMETER
VALUE
UNITS
LOCATION
05/30/96
TURBIDITY
6.9
NTU
ABOVE LAKE AT NCSR 1342
05/30/96
TURBIDITY
210
NTU
200 FEET BELOW DAM
07/08/30
TURBIDITY
4.3
NTU
ABOVE LAKE AT NCSR 1342
07/08/30
TURBIDITY
2500
NTU
200 FEET BELOW DAM
07/08/30
TURBIDITY
97
NTU
ELK RIVER AT BANNER
ELK WWTP
07/10/96
TURBIDITY
4.9
NTU
ABOVE LAKE AT NCSR 1342
07/10/96
TURBIDITY
140
NTU
200 FEET BELOW DAM
*NOTE: TURBIDITY FOR TROUT WATERS IS AN INCREASE IN 10
NTU'S.

DWQ Enforcement
I. D. Number _
Page Three
Case Assessment Factors
the pond. These included constructing a coffer dam in the
pond and piping the water around the dam to prevent silt
from being carried downstream, maintaining a pool behind the
dam to minimize siltation, installing sediment controls and
lastly, conduct the evaluation and not draining the dam.
Personnel with the college kept insisting that the engineers
were requiring them to drain the dam prior to the
evaluation. The engineers were not present during this
meeting.
Dr. Schobel indicated they would take our suggestions under
advisement and would notify the Division before they began
draining the pond again. Refer to Attachment C for the
written response from Dr. Schobel after the June 21, 1996,
meeting.
6. Economic benefit gained bv violator by non-com liance:
By opening the gates in the dam the college was able to
reduce the volume of material contained behind the dam
instead of removing the material by dredging and disposing
of the material in an manner that would not affect the
environment or allow the silt to reenter surface waters.
There is no estimate of how much silt and sediment was lost
due to draining the pond; however, it has to be hundreds of
tons, based on visual observations.
7. Type of violator and general nature of business (i.e._,_
individual vs. large corporation)•
Lees -McRae College is a small four year college located in
Banner Elk, North Carolina.
8. Violator's history of com-pliance of non-com liance:
There are no known Water Quality non-compliance issues
related to Lees -McRae College.
The Air Quality Section has previously assessed penalties
against the College for failure to submit quarterly air
quality reports.

DWQ Enforcement Case Assessment Factors
I. D. Number
Page Four
Violator's decree of cooperation (including efforts to
prevent or restore or recalcitrance•
The college appeared to be somewhat cooperative during
discussion; however, when it came time for the engineers to
perform their evaluation the college appeared to disregard
the water quality related regulatory requirements, (ie.
turbidity, sediment, 404 permits, etc.). Lees -McRae
College, maintenance personnel, installed a silt fence below
the dam prior to draining the dam on July 8, 1996; however,
very little silt was caught by this fence. Modifications
were made to the silt fence to help capture silt which did
provide some filtering effect. After the dam was closed on
July 10, 1996, the silt fence was removed but none of the
silt captured in the pool was ever removed. So the efforts
of installing the silt fence to trap sediment and protect
the surface waters, was apparently just for show and not to
remove sediment.
10. Costs of detecting violation defining its extent and
bringing enforcement action•
a. Investigator's cost (22 HRS. @ $ 24.72) $543.84
b. State vehicle miles 461 @ $ 0.28 per mile 129.08
c. Regional WQ Supervisor's review and ARO costs 100.00
d. Laboratory costs 35.70
d. Central Office costs 100.00
TOTAL $908.62
11. Mitigating circumstances such as non-compliance
attributable to Government or factors bevond violator's
control:
The mill pond dam was damaged by resulting flood waters
caused by hurricane Opal in October 1995. Subsequently,
Lees -McRae college was required by the Land Quality Section
to have a certification and dam inspection by a registered
engineer. A copy of the Land Quality Section letter is
attached as Attachment D.
12. The contact person title and correct address of the
assessable party.

DWQ Enforcement Case Assessment Factors
I. D. Number
Page Five
Dr. James A Schobel, President
Lees -McRae College
Post Office Box 128
Banner Elk, North Carolina 28604-0128
13. The current status of the facility which should include any
recent inspections meetings SOC negotiations etc
On July 10, 1996, Mr. Robert Johnson, Corps of Engineers,
Ms. Stephanie Goudreau, Wildlife Resources Commission and
Mike Parker met at the dam site with Mr. Kenneth Rusten,
Assistant Director, Physical Plant, Lees -McRae College, Mr.
Keith Webb, McGill Associates and Mr. Woody Kloesel, Kloesel
Engineering. All parties discussed the draining of the pond
and dredging that was to take place. The Corps of Engineers
initially refused to grant permission for any dredging
because the College had not submitted an application for a
404 permit. These discussions became somewhat heated.
After further discussions Mr. Woody Kloesel indicated that
only a small portion of the sediment behind the dam would
have to be removed for his inspection. Approximately, five
(5) tandem dump truck loads of sediment were removed from
behind the dam. Refer to Attachment E, Mr. Kenneth Rusten's
letter on plans to drain the mill pond on July 10, 1996.
As it turns out, if adequate planning had taken place
between the college and its engineers, complete draining of
the mill pond would not have been necessary and the
excessive siltation of the Elk River could have been
avoided. The college failed to properly plan their actions
and were trying to act as they have in the past, by ignoring
the regulatory process.
This is not the first time the college has been advised by
the Corps of Engineers that it needed a 404 Permit prior to
dredging in the lake.
The mill pond gate was closed on July 10, 1996, and has not
been opened since. Refer to Attachment F, Mr. Tom Macon's
response to proposed enforcement action.
14. Do not assess for violations which are beyond the most
Current 12 month window.
Not Applicable

DWQ Enforcement Case Assessment Factors
I. D. Number
Page Six
Investigator Michael R. Parke
Regional Supervisor Roy M. Davis
Date

STATE OF NORTH CAROLINA
COUNTY OF AVERY
IN THE MATTER OF:
LEES-McRAE COLLEGE,
INCORPORATED
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE 143-215.1
AND
15A NCAC 2B .0200
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH AND
NATURAL RESOURCES
FILE No.
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statues (G.S.) 143-
215.6A, I, A. Preston Howard, Jr., Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS•OF FACT:
A. Lees -McRae College is a corporation organized and existing
under the laws of the State of North Carolina. Lees -McRae
College owns and operates a college and property which
includes a dam and mill pond on the Elk River which is
classified as C-trout waters.
B. After receiving several telephone complaints concerning the
Elk River DWQ staff inspected the Elk River on May 30,
1996. The gates at the mill pond dam were found to be open
and the pond had been drained. Excessive amounts of
sediment was washing downstream filling the pools in the
river and causing excessive turbidity in a normally clear
trout stream.
C. On May 30, 1996, DWQ staff took turbidity samples in the
Elk River. The turbidity in the Elk River was measured at
6.9 NUT's at the upper end of the mill pond at NCSR 1342
and 210 NTU's 200 feet below the dam. The stream turbidity
standard is 10 NTU's, as set forth in 15A NCAC 2B .0211 (b)
(3) (K) .
D. On July 8, 1996 DWQ staff inspected the Elk River including
the mill pond and stream below the dam, in the Town of
Banner Elk and observed that the pond had drained and the
water below the dam was extremely turbid and excessive
amounts of silt was washing out of the lake bed and down
the Elk River.
C. DWQ staff took turbidity samples in the Elk River. The
turbidity in the Elk River was measured at 4.3 NTU's at the
upper end of the mill pond at NCSR 1342, 2500 NTU's 200
feet below the dam and 97 NTU's approximately 5000 feet

below the dam. The stream turbidity standard is 10 NTU's,
as set forth in 15A NCAC 2B .0211 (b) (3) (K).
D. On July 10, 1996, DWQ staff inspected the Elk River
including the mill pond and stream below the dam, in the
Town of Banner Elk and observed that the pond had been
drained and the water was very turbid and contained
excessive amounts of silt washing out of the lake bed.
E. DWQ staff took turbidity samples in the Elk River.
The turbidity in the Elk River was measured at 4.9 NTU's at
the upper end of the mill pond at NCSR 1342 and 140 NTU's
200 feet below the dam. The stream turbidity standard is
10 NTU's as set forth in 15 A NCAC 2B .0211 (b) (3) (K).
F. The violations were the result of personnel with Lees -McRae
College willfully opening valves and gates to drain the
lake for an inspection of the dam as instructed by their
engineer.
G. Staff costs and expenses associated with detecting the
violation, defining its nature and extent and bringing the
enforcement action totaled $908.62.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Lees -McRae College is a "person" within the meaning of G.S.
143-215.6A pursuant to G.S. 143-212-(4).
B. Lees -McRae College violated G.S. 143-215.1 and 15A NCAC 2B
.0211 (b) (3) (K) on May 30, 1996, because of stream
turbidity violations for Class C-trout waters
C. Lees -McRae College violated G.S. 143-215.1 and 15A NCAC 2B
.0211 (b) (3) (K) on July 8, 1996, because of stream
turbidity violations for Class C-trout waters.
D. Lees -McRae College violated G.S. 143-215.1 and 15A NCAC 2B
.0211 (b) (3) (K) on July 10, 1996, because of stream
turbidity violations for Class C-trout waters..
E. General Statute 143-215.6A (a) (1) provides that a civil
penalty of not more than ten thousand dollars per day may
be assessed against a person who violates any
classification, standard, limitation, or management
practice established pursuant to G.S. 143-214.1, 143-214.2
or 143-215.
F. General Statue 143-215.3(a) (9) provides that the
reasonable costs of any investigation, inspection or
monitoring survey may be assessed against a person who
violates any regulations, standards, or conditions of any
permit issued to G.S. 143-215.1, or special order or other
document issued pursuant to G.S. 143-215.2.

2e -

G. The Director, Division of Water Quality pursuant to G.S.
143-215.6A (h), has the authority to assess civil
penalties.
Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION•
Pursuant to G.S. 143-215.6A in determining the amount of the
penalty, I have taken into account the Findings of Fact and
Conclusions of Law and considered the factors listed in G.S.
143-282.1.
Accordingly, Lees -McRae College is hereby assessed a civil
penalty of:
$ for one violation of G.S. 143-215.1 and
15A NCAC 2B .0211 on May 30, 1996.
$ for one violation of G.S. 143-215.1 and
15A NCAC 2B .0211 on July 8, 1996.
$ for one violation of G.S. 143-215.1 and
15A NCAC 2B .0211 on July 10, 1996.
$ TOTAL CIVIL PENALTY which is
percent of the maximum penalty
authorized by G.S. 143-215.6A (a)
$_ $908.62 Enforcement costs.
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of
the penalty I have considered the factors listed in G.S.143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the -
State., to the public health, or to private property resulting
from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or
on air quality;
(4) The cost of rectifying the damage;

(5) The amount of money saved by non-compliance;
(6). Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
DATE) A. Preston Howard, Jr., P._E., Director
Division of Water Quality

i
i
CERTIFICATION PAGE
I certify that the information in this report is
true to the'best of my knowledge. All violations of self -
monitoring data have been verified by hard copy review of
the monthly reports (if applicable) and the appropriate
permit (if applicable) .
Signature of Principal Investigator(s):
DATE: �� •� 4 .94

ON
M

ATTACHMENTS - 2
July 10, 1996 - Elk River upstream side of dam at gate.
July 10, 1996 - Elk River 200 feet downstream of dam.

ATTACHMENT B - .3
July 10, 1996 - Elk River 30 feet below dam showing silt
fence installed by Lee's-McRae College.
July 10, 1996 - Elk River approximately 1000 feet downstream
of dam.

ATTACHMENT C
Lees -McRae
C O L L E G
June 21, 1996
N.C. Department of Environment, Health
& Natural Resources
Roy Davis
Water Quality Division
Interchange Building
59 Woodfin Place
Asheville, NC 28801
Dear Mr. Davis:
This letter is written to provide a general overview of events, participants
and management issues pertaining to the Mill Pond dam on the campus of Lees -
McRae College. Electric power was the benefit provided to the Banner Elk
community by innovative residents who long ago constructed the Mill Pond
dam. Today the benefits to the community are recreation and a unique
entrance to a singular North Carolina mountain village. Unfortunately the dam
and its impoundment sustained serious damage in October, 1995 as a result of
flash flooding caused by hurricane Opal.
For years the Mill Pond dam has held back siltation from Shawneehaw Creek
and the upper reaches of the Elk River from one of it's sources in the Sugar
Mountain area, where it is called Sugar Creek. The basin of the pond is now
nearly filled with sediment, and heavy siltation from farming and urban
development continues unabated. This condition exacerbates opening the dam
sluiceway. .
On November 14, 1995 the College received instructions from the Land Quality
Section of the North Carolina Department of Environment, Health and Natural A Christian,
Resources to retain engineering services to inspect the dam and ensure
compliance with the North Carolina Dam Safety Law of 1967. Liberal Arts,
Winter descended upon the Mill Pond, and on December 6, 1995, the College Baccalaureate
advised NCDEHNR that McGill Associates in Ashville, North Carolina had been
retained. On January 3, 1996 McGill Associates visually inspected the dam. College.
The engineers requested that the College drain the pond and excavate behind
the dam to permit a thorough inspection.
P.O. Box 128
On March 8, 1996, representatives of the Federal Emergency Management
Agency and the North Carolina Division of Emergency Management visited the Banner Elk
site to assess damage and the potential for financial assistance from FEMA.
Subsequently the College submitted applications for FEMA assistance and North Carolina
developed plans to inspect the dam. The plans required coordinating
schedules of the consulting engineers and a construction company equipped 28604-0128
to excavate. The plans for inspection also required FEMA approval.
704-898-5241
Fax [phone]

On May 23, 1996 I learned that the sluiceway had been opened by Lees -McRae
physical plant personnel to prepare for the inspection. Upon inquiry I was
informed that the inspection was scheduled for Monday, June 3, 1996. During
the intervening week local residents expressed concern over the loss of the
aesthetically pleasing Mill Pond, and members of the Elk River Fishing Club
met with College officials to express concern about the detrimental effect
opening the dam had on trout fishing in the Elk River. College officials are
very sensitive to both of these concerns and include them in deliberations.
On Saturday, June 1, 1996 the sluiceway was closed and the pond basin
quickly filled. Evidence indicated an unknown person or persons closed the
sluiceway rather than the sluicegate accidentally falling into a closed position.
The inspection has been rescheduled for the week beginning June 24, 1996.
The College has informed the U. S. Army Corps of Engineers of its intention
to re -open the dam and requested that McGill Associates coordinate its
inspection with the Corp of Engineers. The exact dates of the re -opening of
the dam, excavation and inspection are presently being determined. When we
are advised about the schedule of work, we will advise you. It is important
that we proceed with minimal delay because our mountain climate directly
affects the amount of time available for this type of project.
Representatives of the Water Quality Section of the North Carolina Department
of Environment Health and Natural Resources also met with College officials.
Their concern lies with the detrimental effect a second release of impounded
silt would have on the downstream Elk River eco-system. The Water Quality
Section of NCDEHNR has requested a copy of plans to re -open the sluiceway
before it is opened. Realizing the importance of protecting the delicate
mountain environment, College officials will strive to minimize downstream
siltation in the Elk River.
There are prescribed procedures which must be followed to comply with the
North Carolina Safe Dams Program as well as FEMA procedures which must be
followed to be eligible for funding. Plans must be prepared and various
Federal and State agency approvals must be obtained before corrective action
is taken. If a decision is made to dredge the pond basin, the U. S. Army
Corps of Engineers will have jurisdiction and require a plan which must be
acceptable before a dredging permit will be issued. All of these factors, not
to mention the availability of funds, influence the College's decisions and the
schedule with which the work is carried forward.
Almost everyone recalls the natural beauty of the Mill Pond which has been
lost. It is our hope that the area can be restored, but for now we must
proceed according to advise of various governmental agencies. I shall do my
best to keep you informed, and I'll appreciate your keeping me informed. My
telephone number is [phone].
Sincerely,
Thomas N . Macon, Jr.
Vice President for Business and Finance

Federal Emergency Management Agency
U.S. Army Corp of Engineers
Jeff Hartel
Regulatory Field Office
Suite 140
Steve Chapin
1365 Peachtree Street
Grove Arcade Building
Atlanta, GA 30309
Room 75
37 Battery Park
Federal Emergency Management Agency
Asheville, NC 28801-2714
Joe S. Drewry, Jr., P.E.
Drewry & Associates, Inc.
Michael Brooks
6640 Williamson Drive, N. E.
Banner Elk Town Manager
Atlanta, Georgia 30328
P.O. Box 156
200 Park Avenue
N.C. Division of Emergency Management
Banner Elk, NC 28604
Tim D . Miller
3305-15 16th Ave. S.E.
Elk River Development Corp.
Suite #306
A. P. Perkinson, Jr.
Conover, NC 28613
P.O. Box 1555
Banner Elk, NC 28604
N.C. Department of Environment, Health
& Natural Resources
Elk River Fish Club
Richard A. Phillips, P.E.
c/o Joe B. Perry
Regional Engineer
Banner Elk, NC 28604
Interchange Building
59 Woodfin Place
Elk River Fish Club
Asheville, NC 28801
Jimmy Street, President
Box 293
N.C. Department of Environment, Health
Banner Elk, NC 28604
& Natural Resources
Dennis Ownsby
Dr. James Schobel, President
Interchange Building
Lees -McRae College
59 Woodfin Place
P.O. Box 128
Asheville, NC 28801
Banner Elk, NC 28604
N.C. Department of Environment, Health
Dr. Diana Martin
& Natural Resources
V.P. Institutional Advancement
Roy Davis
Lees -McRae College
Water Quality Division
P.O. Box 128
Interchange Building
Banner Elk, NC 28604
59 Woodfin Place
Asheville, NC 28801
Richard Huber
Director, ARAMark Physical Plant
McGill Associates, P.A.
Lees -McRae College
John T. Coxy, P.E.
P.O. Box 128
P.O. Box 2259
Banner Elk, NC 29604
Asheville, NC 28802
Elk River P.O. A.
Wildlife Resources Commissioner
Joe Johnson, President
Stephanie Gondreau
P.O. Box 2200
320 S . Garden Street
Banner Elk, NC 28604
Marion, NC 28752
Elk River Club
Tom Laws, Commissioner
Tim Lewis, General Manager
Avery County Court House
P.O. Box 1238
Newland, NC 28657
Banner Elk, NC 28604

N . C . Division of Emergency Management
Calvin Jefferies
116 W . Jones Street
Raleigh, NC 27603-1335

ATTACHMENT E
ar
Water Quality Division
N.C. Department of Environment,
Health and Natural Resources
Interchange Building
59 Woodfin Place
Asheville, NC 28801
5 July, 1996
Kenneth L. Rusten
Assistant Director, Physical Plant
Lees -McRae College
P.O. Box 128
Banner Elk, NC 28604
Dear Mr. Parker:
This letter is provided to brief you on our plan to drain the Mill Pond on Lees -McRae campus in
order to inspect the Mill Pond Dam. As you will undoubtably note, we are taking great measures
to prevent an inordinate amount of silt to run downstream.
As you know, the dam and its impoundment sustained serious damage in October, 1995 as a
result of flash flooding caused by hurricane Opal. The Engineering firm hired by the college to
inspect the dam, McGill Associates in Asheville, NC, have inspected the areas of the dam not
covered by water. In order to inspect the complete dam, they have requested the Mill Pond be
drained. Their inspection will occur on 10 July, 1996.
To comply with the Engineers request, the Mill Pond will be drained on Monday, 8 July, 1996,
starting at 10:00 am. The pond will be drained in such a way as to minimize the amount of silt
released downstream.
Our plan to drain the pond is broken into several parts. Part one is the notification of all parties
with an interest in the Mill Pond and the Elk River. Specifically, Richard Phillips and Dennis
Ownsby of the N.C. Dept. of Environment, Health and Natural Resources; Tim Lewis, General
Manager of the Elk River Club; Jim Street, president of the Elk River Fishing Club; Mike Brooks,
Banner Elk Town Hall; Steve Chapin, U.S. Army Corps of Engineers and Mr. Anderson, Water
Quality division, N.C. Dept. of Environment, Health and Natural Resources. Each person was
notified on Wednesday, 3 July, 1996. In addition, a press release was prepared by Dr. Martin,
Vice President of Institutional Advancement, Lees -McRae College.
Part two is preparation for draining. In order to prevent an excessive amount of silt from running
downstream, we will place wire fence covered with a silt screen along the concrete pillars of the

behind the dam. We intend to support the wire fence and silt screen to withstand the
flow of water and catch the bulk of the silt.
Part three is opening the gates. The first gate will allow the draining of the top half of the pond.
By opening this gate first, we can release a large amount of water with little concern of escaping
silt. The second gate however, will release water toward the bottom of the pond. Therefore, in
order to minimize the silt flow, we intend to open the gate slowly, over a period of two hours, to
prevent a large rush of water and silt.
We expect this plan to reduce the amount of silt washed downstream in two ways. First, by
slowing the rate of water out of the pond, we believe our wire fence and silt screen system will
catch the bulk of the silt. Second, upon inspection of the gates, we discovered that the bottom
gate was not completely, closed. In fact, it was releasing a steady stream of clear water,
suggesting that much of the silt may already be washed away.
On site Monday morning to complete the plan will be two Lees -McRae employees and myself as
project supervisor. If you have any questions, I can be reached at [phone], in addition to
the address above.
Sincerely,
Kenneth L. Rusten
Assistant Director, Physical Plant

ATTACHMENT I+
Lees -McRae
August 5, 1996
Roy M. Davis, Regional Supervisor
N . C . Department of Environment Health and Natural Resources
Interchange Building, 59 Woodfin Place
Ashville, North Carolina 28801
Dear Mr. Davis:
Your letter to Dr. James Schobel advising us of consideration of an
enforcement action .regarding the opening of the Mill Pond dam on the campus
of Lees -McRae College has been referred to me for reply. Thank you for
providing an opportunity to submit an explanation.
In October, 1995 the dam sustained damage from hurricane Opal. The
college was directed by the land quality division of DENHR to retain
consulting engineers to conduct an inspection. As a prerequisite the
engineers asked that the pond be drained. The inspection is now complete,
and we await a report. If a decision is made to repair the dam and restore the
pond, we expect to receive FEMA assistance.
The initial opening of a lower sluicegate by a now former employee was not
authorized. News of the event was a complete surprise. A second surprise
came when the open sluicegate was surreptitiously closed thus preventing
inspection- I instructed plant management to reopen the dam only after
receiving proper authority.
New plant management took steps to properly reopen the dam. Our intention
to comply with the general statutes of the State of North Carolina is evidenced
by our retaining competent consulting engineers who oversaw the project,
notifying the U. S. Army Corps of Engineers who issued the excavation
permit, and informing DENHR division of water quality. These parties were
briefed by plant management. Some representatives were on site at various A Christian,
times during the entire process. It was our intention that the presence of
these knowledgeable individuals would help ensure a satisfactory procedure. Liberal Arts,
Sources of the problem are beyond the control of Lees -McRae College. Baccalaureate
Siltation continues, and were it not for impoundment on the Lees -McRae
campus, the Elk River might frequently have been a muddy stream. The College.
college has acted consistently with its mission and responsibly within the
availability of resources. It has in no way purposefully and flagrantly chosen
to ignore environmental statutes of North Carolina. P.O. Box 12s
Banner anner Elk
n��-0 �n 7 North Carolina
,1'�� �� D u v g
Thomas N. Macon, Jr. E s ( 28604-0128
Vice -President for Business and Finance AUG — 6 1996 `
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704-898-5241
WATER QUALITY SECTION
ASHEVILL REGIONAL OFFICE Fax [phone]

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February 26, 1997
MEMORANDUM
TO: Roy D via sI VReg i -on aI Super-vrso_ _r�--j
fi1Q--ivo9ion ®P Wa-ibrr_-Q� Quality
;4sheville-Regiorial.Office_ 4
FROM: James K. Leumas, P. E.
State Dam Safety Engineer
Division of Land Resources
Land Quality Section
Raleigh Central Office
RE: Mill Pond Dam
Avery County
AVERY-023
RECEIV[?�
MAR 0 4 1997
LAAID QUALITY SECTION
ASHEVILLE
Per my recent discussions with you and Mike Parker with the Division of Water Quality, this
memorandum serves to offer information regarding the referenced dam. Also, I have discussed
events which occurred at the dam with members of the Land Quality Section staff in the Asheville
Regional Office in preparing this memorandum. The following presents some data and my
understanding of what has happened at the dam:
1. The Mill Pond Dam is located near Banner Elk, North Carolina. The dam is owned by Lees -
McRae College. The dam is located on the Elk River at approximate coordinates 360 9'
29" latitude/81 ° 52' 22" longitude.
2. The dam has a drainage area of approximately 7,146 acres. The area of the lake is
approximately 1.9 acres. The ratio of surface area to drainage area is 0.266 x 10-3.
3. The dam is a masonry structure which is approximately 16 feet in structural height. The
hydraulic height of the dam is the same as the structural height of the dam. The crest
length of the dam is approximately 75 feet. The dam is currently classified as a low hazard
(Class A) structure because a failure of the dam has a low probability for loss of life or
significant property damage downstream from the dam.
4. An inspection of the dam was made on November 7, 1995 by staff of the Land Quality
Section following Hurricane Opal. Rainfall from the hurricane had caused a considerable
amount of flooding in the Elk River watershed. During inspection of the dam, several
deficiencies were noted which were required to be addressed by the owner of the dam in
order to ensure the safety of the structure. These problems were outlined in a letter dated
November 14, 1995 to the owner.
The letter required that the owner retain the services of a professional engineer to prepare
plans for either repairing or breaching the dam to remedy the observed deficiencies and to
bring the dam into compliance with the Dam Safety Law of 1967. This letter did not require
the owner to drain the lake.

Memorandum to Roy Davis
Mill Pond Dam
Avery County
AVERY-023
February 26, 1997
Page Two
5. From our discussions, it is my understanding that following receipt of the November 14,
1995 letter, the owner of the dam retained an engineer to investigate the conditions
observed at the dam. As part of this investigation, it is my understanding that the engineer
had the owner open the bottom drain so that a visual inspection of the upstream face of the
dam could be inspected. In doing so, a lot of sediment was discharged into the Elk River
downstream from the dam.
6. Following the incident described in Item 5 above, a meeting was held at Lees McRae College
with members of the Division of Water Quality, Land Quality Section, and Lees McRae
College on June 12,1996 to discuss the opening of the bottom drain and the resulting
sedimentation and turbidity in the Elk River. It is my understanding that the meeting was
initiated because of a complaint from a trout fishing club that fishes in the Elk River
downstream from the dam.
7. On one or two occasions following the meeting on June 12, 1996, the dam's bottom drain
was opened again resulting in additional downstream sedimentation and turbidity in the Elk
River. It is unclear as to why the bottom drain was opened again.
Per 15A NCAC 2K .0210, devices for sediment control during drainage of a reservoir are to
be provided, with an exception for emergency drainage of a reservoir which is approved by the
Director of the Division of Land Resources. It is likely, based on the age of the dam, its height, and
its drainage area, that the dam had a large volume of sediment accumulation retained in the lake
bed and that the lake had land presently has) a small impoundment volume.
Because of the width and depth of the Elk River downstream from the dam and the normal
base flow of the Elk River at this location, it is my opinion that installation of downstream sediment
measures, such as a rock filter dam, would have been difficult to construct across the wide
downstream channel, and would likely have minimal retention capacity of sediment because of the
large base flow. Such sediment measures are normally installed where drainage areas are limited to
five acres or less, and they are not recommended to be installed directly in channels because
construction of such measures can cause downstream sedimentation. Further, such measures
would likely have washed out during normal base flows downstream from this dam and invariably
would have washed out during storm events.
Also, draining of the lake by siphon would have been impractical because of the inflow to
the dam. Based on the hydrology of the watershed, the lake would re -fill for just about any rainfall
event within the watershed. In order to minimize downstream sedimentation, the owner of the dam
may have been able to dredge the lake or dip the lake with "clam shell" equipment prior to opening
the bottom drain, but access would have been difficult. Also, it is questionable whether a
satisfactory job could have been accomplished using these methods.

Memorandum to Roy Davis
Mill Pond Dam
Avery County
AVERY-023
February 26, 1997
Page Three
Thus, while sediment measures are required to be provided for drainage of a reservoir, this
dam presents a case where such a requirement is difficult to achieve or may not be able to be
achieved. This is a complex situation balancing dam safety concerns and water quality concerns
concurrently. It is unclear whether a satisfactory solution for both issues is possible. If you or your
staff have some other suggestions as to available methodologies .for draining of a lake without
causing off -site sedimentation, I would appreciate your office passing on such information so that
our staff can advise owners of dams when asked.
Thank you for your assistance in this matter. Please advise if I may answer any questions
concerning this memorandum. I may be contacted at telephone number [phone].
JKL/
cc: Richard A. Phillips, P. E.