Bu.Co. Historic Incident 2

G s 1
COSTA CAROLINA INC.
an affiliate of
r' I
LJ Contillo
1468 Bear Creek Road o Leicester,NC 28748
Phone: [phone] o Fax: [phone]
Email: [e-mail]
on talAssociates,LLC IMARTIN.&SLAGLE
828.669.3929
ROBERT L. MARTIN, LG -828.669.5289 Fax
Principal Geologist PO Box 1023
Black Mountain NC 28711
I

Subject: RE: Costa Project
Date: Fri, 17 Sep 2004 17:18:24 -0400
From: "LJ Contillo" <[e-mail]>
To: "Kara Cassels" <[e-mail]>,
"PE Jeff Young \(E-mail\)" <[e-mail]>, <[e-mail]>
CC: <christine.slag le@martinandslag le.com>,
"Bill Mims" <[e-mail]>,
"Mike Reidy" <[e-mail]>, <[e-mail]>
Jeff& Larry,
The original message with the pictures is either larger than your
current systems limits are or your mailbox is full?
LJ
-----Original Message-----
From: LJ Contillo
Sent: Friday, September 17, 2004 3:44 PM
To: 'Kara Cassels'; PE Jeff Young (E-mail); '[e-mail]'
Cc: [e-mail]; Bill Mims; Mike Reidy; Mane
Smith ([e-mail])
Subject: RE: Costa Project
Kara, Jeff& Larry,
I wish all was well, but I know we have all been challenged with
the tremendous weather events we have seen in WNC over the past couple
of weeks.
I want to let you all know that Costa Nursery Farms, our parent
company of Costa Color/Carolina, has been in a State of Emergency for
the past several weeks. With all the Tropical related weather events
that have been occurring throughout the entire South Eastern U.S. and
are yet to occur"Jeanne"? (Doesn't look good for Central Florida right
now!)We have been paralyzed from a business standpoint. Not to mention,
we were hit extremely hard in Florida last week, when "Francis"
destroyed one of our Foliage locations in North Palm Beach County. Also,
Both "Francis &"Charlie"the previous storm, took off several
greenhouse roofs at Costa Color in Miami. And, yesterday we took heavy
damage to our stock farms down in the Dominican Republic, when "Jeanne"
rolled in and destroyed shade houses and greenhouses. We know we are in
a weather volatile business, but we have never seen anything like this
in the company's history, where storm after storm has actually hit the
U.S. and wrecked havoc all over the South East. Of course we were
totally wiped out when "Andrew" destroyed our entire operation, back in
'92. The positive aspect is that , Thank God, we haven't had any
injuries to our employees thus far.
In response to your email, I would like to say we are eager to get
moving on our project. When the topographic survey is complete, we would
like to meet, with Christine Slagle present, and go over our-plan of
action together. As we have understood, the State and County will
provide minimal requirement plans of improvement and Costa Carolina,
with Martin & Slagle, would be willing to look at improving upon this
plan if deemed appropriate and approved by State and County. Just let us
know when you would like to get together and move forward.
In all the chaos in weather over the past few weeks I have not
provided any of you with an update of what we have done out here at the
1 of 3 9/20/2004 4:01 PM

P ' p
farm. I apologize for this. The following is an update as of today.
- End of July, Ray Rodgers grading came out and cleared our retention
pond
at the bottom of the South West corner of the property.
- End of July, we repaired drainage pipe and back filled with dirt on
the
South East corner of the property, behind the greenhouses.
- Beginning of August, we sowed grass seed around the retention pond and
areas adjacent where equipment disrupted vegetative growth.
We seemed to make it through "Francis"with no problem, but with
"Ivan"we are not having the same success. Obviously, the rain fall last
week and this week has been an extreme event!
In touring the property this morning the retention pond has held
ok, but the trench we put in and filled with ballast rock last year has
opened up and rock has flowed down the drainage path and created a"Rip
Rap"effect leading to the retention pond. I am enclosing some pictures
for viewing.
Also, in walking the South East side of the property this morning,
which appeared to be ok at 9:15 am, including the drainage pipe we
repaired back six weeks ago. This changed dramatically a couple of hours
later when our neighbor behind us on the South East side of the property
came over madder than ----! Shouting, "Why are we allowing our water and
soil contaminated with ammonia to flow into their property and creek?
and "it is. going to kill our cows!" Bill Mims and I went down there and
meet with them and took a look. We found a very small amount of soil and
a very small amount of airlite, which they thought the airlite was
ammonia, had carried down stream onto their property. They realized they
were incorrect about the ammonia, after we showed and explained to them
what it was. Pictures enclosed. At that time, I made it very clear to
them that we are not intentionally allowing this to happen and that
their previous neighbor, Velvet Ridge, had not prepared this property
for sediment runoff in accordance with the County or State, and that we
were working with the County and State to repair the problems it was
causing, for not only them but for our other neighbors and for
ourselves. I explained to them that they could call the County for
verification of this and any other information that they might need.
They said they hadn't seen anything like this since 1977 when the runoff
from what is now are property had flooded into their property. This
would have been before the land was manipulated by Velvet Ridge. Our
neighbor pointed out to the previous owners of Velvet Ridge issues with
runoff which they said Velvet Ridge never did anything about, except
tear up their fence. I also explained to them.that the County and State
might require them to keep their cows out of the creek, since this is an
issue with rutting out the creek itself. Anyways, while we were down
their visiting with our neighbors, they pointed out that the bank on the
South East side of the property was having trouble with mud sliding.
They were correct. Pictures enclosed. The drainage pipe repair is still
ok, but as you will see the vegetative growth that had been there is
gone and exposed bare soil is now showing. We are going to have to sow
some grass seed in there quickly and get it growing ASAP.
Also enclosed are some pictures of some gutter damage we
sustained, from wind more than likely, on the North East corner of the
Greenhouses.
Once again, sorry for the delay in correspondence.
If you have any questions, let me know.
LJ Contillo
2 of 3 9/20/2004 4:01 PM

PPPPFP
-----Original Message-----
From: Kara Cassels [mai Ito:kara.cassels(a-)-buncombecountv.om
Sent: Monday, September 13, 2004 10:49 AM
To: [e-mail]
Cc: LJ Contillo; PE Jeff Young (E-mail)
Subject: Costa Project
Good morning Ms. Slagle,
I hope you are well. It certainly has been busy that last couple of
weeks with the flooding and heavy rains. Let's just hope some sunlight
will come soon!
Jeff Young and I surveyed the greenhouse area on August 27, 2004. He is
working to provide a topographic survey for you. I wanted to find out
what kind of a role you would like to play in this process of developing
the plans. Would you be able to assist with design work after the
survey design is complete?
As soon as Jeff has completed the topographic designs, we will forward
them to you.
Thank you,
Kara M. Cassels
Newfound Watershed Resource Coordinator
Buncombe County Soil and Water Conservation
155 Hilliard Ave. Suite 204
Asheville, NC 28801
828-250-4792 (phone)
828-251-4908 (fax)
[e-mail]
3 of 3 9/20/2004 4:01 PM

V
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross,Jr., Secretary
Alan W. Klimek, P.E., Director
SURFACE WATER PROTECTION SECTION
July 23, 2004
Mr. Bill Mims
Costa Carolina Inc.
1486 Bear Creek Road 3
Leicester, North Carolina 28748
Subject: July 22, 2004 - Site Visit
Mud and Sediment Discharge from
Bear Creek Road Greenhouses
Buncombe County
Dear Mr. Mims:
This letter is a follow up to my site visit of July 22, 2004 to your Bear Creek Road
facility. I wanted to thank you for your cooperation and site tour. It was very
enlightening. I, also, thought it would be beneficial to follow up in writing as to your
agreed to goals for addressing stormwater on your site.
I was pleased to meet your consultant Ms. Christine Slagle and to find out that
you have already taken steps to improve your site. I would appreciate a written monthly
update, beginning with August 2004, for the next 3 months, please include, description
of plans and timing for installation/completion.
I will be contacting Ms. Slagle in August to set up a sampling date for nutrients.
Thank you for your attention to this matter. If you have any questions please contact me
at [phone].
Sincerely,
ry Frost
En ironmental Chemist
xc: Christine Slagle, Martin & Slagle, PO Box 1023, Black Mountain, NC 28711
Kara Cassels, Buncombe County Soil and Water, 155 Hillard Street, Asheville, NC 28801
Asheville Regional Office One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone: [phone]/FAX: [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Natumily

FiLE4r� Q -Mihaely;_ r
William G.Ross Jr.,Secretary
\� G North Carolina Department of Environment and Natural Resources
I_ Alan W.Klimek,P.E.Director
—i Division of Water Quality
O C Coleen H.Sullins,Deputy Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
July 1, 2004
Costa Carolina Inc.
22290 SW 162nd Avenue
Miami, Florida 33170-3906
Subject: Request for Telephone Contact
Mud and Sediment Discharge from
Bear Creek Road Greenhouses
Buncombe County
Dear Sirs:
This letter is to request that you contact me within the next few days at this office; telephone
[phone] (7:30 A.M. to 4:30 P.M.) so that I may complete my investigation of a reported
discharge of mud and sediment from your greenhouse site at Bear Creek Road. I believe that
containment structures on your site have failed such that mud and sediment has been discharged
onto adjacent properties and jurisdictional waters of the State.
If my information is correct, I would request that you correct the problem and thereby cause
this discharge to cease. I would hope that the repairs to your site can be competed with little
difficulty.
Please be prepared to discuss the following issues regarding your site:
• Stormwater discharges
• Nutrient discharges
• Site inspection
Please understand that such a discharge constitutes a violation of North Carolina General
Statute (NCGS) 143-215.1; enforceable under provisions of NCGS 143-215.6A as administered by
this Agency. You are requested to take all action necessary and proper to correct the problem and
eliminate the discharge.
2090 U.S.70 Highway Swannanoa,North Carolina 28778 Telephone[phone] Fax[phone] Customer Service 1-877-623-6748

F +
7
r
Page 2
Costa Carolina Inc.
July 1, 2004
Thank you for your attention to this matter. I look forward to hearing from you at your earliest
convenience.
L Sincerely,
Lar rost
ironmental Chemist
EAF
2090 U.S.70 Highway Swannanoa,North Carolina 28778 Telephone[phone] Fax[phone] Customer Service 1-877-623-6748

FW:Greenhouse results
s
Subject: FW: Greenhouse results
Date: Thu, 1 Jul 2004 11:48:57 -0400
From: "Kara Cassels" <[e-mail]>
To: <[e-mail]>
Larry,
Here are the results from the greenhouse sample I took. I think I took them on
Tuesday, June 8, 2004 . The sample was taken right at that culvert where you and I
first met this morning. Next to the trailer. I went down to the area where we saw
that white cat.
This was the only sample we took but I would be more than happy to take a few more.
I think Marilyn Westphal would not charge us for the extra sampling, but will check.
Kara M. Cassels
Newfound Watershed Resource Coordinator
Buncombe County Soil and Water Conservation
155 Hilliard Ave. Suite 204
Asheville, NC 28801
828-250-4792 (phone)
828-251-4908 (fax)
[e-mail]
-----Original Message-----
From: mjwestphal [mailto:[e-mail]]
Sent: Monday, June 14, 2004 10:38 AM
To: Kara Cassels
Subject: Greenhouse results
Kara,
Here are those nasty results for the Greenhouse site (all in mg/L) .
orthophosphate = 1.73
ammonia-N = 0.22
nitrate-N = 12.5
Marilyn
Marilyn Westphal
Environmental Quality Institute
University of North Carolina-Asheville
One University Heights
Asheville, NC 28804
828/251-6823
[e-mail]
1 of 1 7/2/2004 9:48 AM

Page 1 of 3
BAT
****** PARCEL AND OWNERSHIP DATA ****** ----------------------------------------------------------------------
PARCEL ID. . . . . . . . . . : 9711.01-05-8126.000 ACCOUNT # . . . . . . : 008167805
ROUTING #. . . . . . . . . . : 10800 OWNER NAME . . . . . : COSTA CAROLINA INC
PREVIOUS PARCEL ID. : 971101059101000
PARCEL STATUS. . . . . . : A ACTIVE
SITUS ADDRESS. . . . . . : 01468 BEAR CREEK RD MAILING ADDRESS 22290 SW 162ND AVE
SR/CITY/WARD/TSHP. . : / /17 /LEICESTER MIAMI , FL 33170-3906
ASSESSED ACRES. . . . . : 34.83
PROPERTY CLASS. . . . . : 440 COMM/WHSE-STORAGE CNTY CODE . . . . . : BUN BUNCOMBE COUNTY
CITY CODE . . . . .
FIRE CODE . . . . . : FLE LEICESTER FIRE
SANI
SCHL CODE . . . . .
DEED DATE. . . . . . . . . . : 04-24-2002
DEED BOOK/PAGE/INST: 2781/0077-WDT
PLAT BOOK/PAGE. . . . . : 0000/0000
SUBDIVISION NAME. . . : VELVET RIDGE GREENHOUSES INC
SUBDIV BLK/SECT/LOT:
WATERSHED. . . . . . . . . . : 0 NONE
****** FINAL APPRAISED/ASSESSED VALUE ****** -----------------------------------------------------------------
SYSTEM SYSTEM ASSESSED VALUE ADJ EXEMPTED AMOUNT * FINAL
APPRAISED ASSESSED * ASSESSED
VALUE VALUE * VALUE
LAND -----------> 391,800 391, 800 * 391, 800
BUILDING(S) ----> 888,300 888, 300 * 888, 300
STRUCTURE(S) ---> * 0
----------- ----------- ----------- ----------- * -----------
TOTAL ----------> 1,280, 100 1,280, 100 0 0 * 1,280, 100
****** ASSESSEMENT HISTORY ****** ----------------------------------------------------------------------------
TAX YR ACCOUNT # ACRES LAND BUILDINGS STRUCTURES EXEMPTION DEFERRED TAXABLE
2003 008167805 34.83 391, 800 888,300 1,280,100
2002 008091491 34.83 391, 800 888, 300 346, 900 933,200
http://www.buncombegis.org/propeards/9711/971101058126000.txt 6/21/2004

Page 2 of 3
2001 008091491 34 .83 392, 600 795, 500 350, 000 838, 100
2000 008091491 34 .83 392, 600 795,500 350, 000 838, 100
1999 008091491 34 .83 392, 600 795,500 350, 000 838, 100
****** SALES HISTORY ****** ONLY QUALIFIED SALES ARE USED FOR VALUATION PURPOSES
DATE OF DEED DEED DEED QUALIFIED DISQUALIFY DATA VACANT @ TIME
SALE BOOK PAGE INST SALE (Y/N) CODE SOURCE OF SALE (Y/N) SALE PRICE SALE NOTE
04 24 2002 2781 0077 WDT N P SLR N FORCED SALE 005
CONT. PARCEL ID: 9711.01-05-8126.000 PAGE 2 08/23/2003
******
****** LAND DATA ****** --------------------------------------------------------------------------------------
REC REC FF OR UNIT APPRAISED APPRAISED
NO TYPE UNITS TYPE VALUE/MRK USE VALUE
001 M 34.83 AC 391, 838 0
TOTAL ACRES -----> 34 .83 LAND VALUE -> 391, 838 0
CONT. PARCEL ID: 9711.01-05-8126.000 PAGE 3 08/23/2003
****** BUILDING CHARACTERISTICS ****** -----------------------------------------------------------------------
BLDG # . : 01 YEAR BUILT. : 1996 ADJUST. . :
BLDG CLS: P PREFAB STL ACTUAL AGE. : 07 YEARS FUNC DEP:
GRADE. . . : D PHY DEP. . . . : 4 % 60YR ECON DEP:
COND. . . . : N NORMAL OCCUPANCY . : F02 STORAGE WAREHOUSE FACTOR . : 1.00
****** BUILDING SECTIONS ******-------------------------------------------------------------------------------
SECT YEAR STORY BAS AREA PERM HGT UNITS RATE VALUE
01 1996 1.00 Y 46000 860 STRUCTURE UPM UNF PREFAB MTL BLDG 46, 000 SF 11.49 528,540
14 WALL TYPE 100% PFB PREFAB METAL SIDING 12, 040 SF 4.45 53,578
INT FINISH 100% F02 STORAGE WAREHOUSE 46, 000 SF 5.04 231, 840
02 1996 1.00 N 3300 170 STRUCTURE FC1 SHED, FRAME 3, 300 SF 8 .26 27,258
--------- BUILDING REFINEMENTS DESCRIPTION AND VALUATION ---------
+230-------------------------------+30--+
I I 1 ---------------- BUILDING VALUATION SUMMARY --------------
I I 1 UNADJUSTED COST NEW 46, 000 SF 18.29 841,216
I 0 - PHYSICAL DEPREC 4 % 33, 649
I I I RCNLD 17.56 807,567
http://www.buncombegis.org/propcards/9711/971101058126000.txt 6/21/2004

Page 3 of 3
I I I UNADJ. MARKET VALUE 17.56 807,567
I I I X NEIGHBORHOOD ADJ. 10 %
I IS02 I MARKET VALUE 888, 324
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*--30+
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+-------------------------------230+
http://www.buncombegis.org/propeards/9711/971101058126000.txt 6/21/2004

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Page 1 of 3
BAT
****** PARCEL AND OWNERSHIP DATA ****** ----------------------------------------------------------------------
PARCEL ID. . . . . . . . . . : 9711.01-05-8126.000 ACCOUNT # . . . . . . : 008167805
ROUTING #. . . . . . . . . . : 10800 OWNER NAME . . . . . : COSTA CAROLINA INC
PREVIOUS PARCEL ID. : 971101059101000
-PARCEL STATUS. . . . . . : A ACTIVE
SITUS ADDRESS. . . . . . : 01468 BEAR CREEK RD MAILING ADDRESS 22290 SW 162ND AVE
SR/CITY/WARD/TSHP. . : / /17 /LEICESTER MIAMI , FL 33170-3906
ASSESSED ACRES. . . . . : 34.83
PROPERTY CLASS. . . . . : 440 COMM/WHSE-STORAGE CNTY CODE . . . . . : BUN BUNCOMBE COUNTY
CITY CODE . . . . .
FIRE CODE . . . . . : FLE LEICESTER FIRE
SANI
SCHL CODE . . . . .
DEED DATE. . . . . . . . . . : 04-24-2002
DEED BOOK/PAGE/INST: 2781/0077-WDT
PLAT BOOK/PAGE. . . . . : 0000/0000
SUBDIVISION NAME. . . : VELVET RIDGE GREENHOUSES INC
SUBDIV BLK/SECT/LOT:
WATERSHED. . . . . . . . . . : 0 NONE
****** FINAL APPRAISED/ASSESSED VALUE ****** -----------------------------------------------------------------
SYSTEM SYSTEM ASSESSED VALUE ADJ EXEMPTED AMOUNT * FINAL
APPRAISED ASSESSED * ASSESSED
VALUE VALUE * VALUE
LAND -----------> 391,800 391, 800 * 391,800
BUILDING(S) ----> 888,300 .888, 300 * 888, 300
STRUCTURE (S) ---> * 0
----------- ----------- ----------- ----------- * -----------
TOTAL ----------> 1,280, 100 1,280, 100 0 0 * 1,280, 100
****** ASSESSEMENT HISTORY ****** ----------------------------------------------------------------------------
TAX YR ACCOUNT # ACRES LAND BUILDINGS STRUCTURES EXEMPTION DEFERRED TAXABLE
2003 008167805 34.83 391, 800 888,300 1,280, 100
2002 008091491 34. 83 391, 800 888,300 346, 900 933,200
http://www.buncombegis.org/propeards/9711/971101058126000.txt 6/17/2004

Page 2 of 3
2001 008091491 34 .83 392, 600 795, 500 350, 000 838, 100
2000 008091491 34 .83 392, 600 795, 500 350, 000 838, 100
1999 008091491 34 .83 392, 600 795, 500 350, 000 838, 100
****** SALES HISTORY ****** ONLY QUALIFIED SALES ARE USED FOR VALUATION PURPOSES
DATE OF DEED DEED DEED QUALIFIED DISQUALIFY DATA VACANT @ TIME
SALE BOOK PAGE INST SALE (YIN) CODE SOURCE OF SALE (YIN) SALE PRICE SALE NOTE
04 24 2002 2781 0077 WDT N P SLR N FORCED SALE 005
CONT. PARCEL ID: 9711.01-05-8126.000 PAGE 2 08/23/2003
******
****** LAND DATA ****** --------------------------------------------------------------------------------------
REC REC FF OR UNIT APPRAISED APPRAISED
NO TYPE UNITS TYPE VALUE/MRK USE VALUE
001 M 34 .83 AC 391, 838 0
----------- ------------ ------------
TOTAL ACRES -----> 34 .83 LAND VALUE -> 391, 838 0
CONT. PARCEL ID: 9711.01-05-8126.000 PAGE 3 08/23/2003
****** BUILDING CHARACTERISTICS ****** -----------------------------------------------------------------
BLDG # . : 01 YEAR BUILT. : 1996 ADJUST. . :
BLDG CLS: P PREFAB STL ACTUAL AGE. : 07 YEARS FUNC DEP:
GRADE. . . : D PHY DEP. . . . : 4 % 60YR ECON DEP:
COND. . . . : N NORMAL OCCUPANCY . : F02 STORAGE WAREHOUSE FACTOR . : 1.00
****** BUILDING SECTIONS ******-------------------------------------------------------------------------------
SECT YEAR STORY BAS AREA PERM HGT UNITS RATE VALUE
01 1996 1.00 Y 46000 860 STRUCTURE UPM UNF PREFAB MTL BLDG 46, 000 SF 11.49 528,540
14 WALL TYPE 100% PFB PREFAB METAL SIDING 12, 040 SF 4.45 53, 578
INT FINISH 100% F02 STORAGE WAREHOUSE 46, 000 SF 5. 04 231, 840
02 1996 1. 00 N 3300 170 STRUCTURE FC1 SHED, FRAME 3,300 SF 8.26 27,258
--------- BUILDING REFINEMENTS DESCRIPTION AND VALUATION ---------
+230-------------------------------+30--+
1 ---------------- BUILDING VALUATION SUMMARY --------------
I I 1 UNADJUSTED COST NEW 46, 000 SF 18 .29 841,216
I 0 - PHYSICAL DEPREC 4 % 33, 649
' I RCNLD 17.56 807,567
• http://www.buncombegis.org/propcards/9711/971101058126000.txt 6/17/2004

Page 3 of 3
I I UNADJ. MARKET VALUE 17 .56 807, 567
X NEIGHBORHOOD ADJ. 10 %
I IS02 I MARKET VALUE 888,324
I I I
I I I
I I I
I 1 I
Sol 1 I
0 I
*--30+
I I
I I
I I
I I
I I
I I
I I
2
0 I
0
+-------------------------------230+
J
http://www.buncombegis.org/propcards/9711/971101058126000.txt 6/17/2004

NOTIFICATION OF LAND DISTURBING ACTIVITY
EQUAL TO OR EXCEEDING 1 ACRE
Date: January 8,2010
From: CITY OF ASHEVIILE-STORMWATER SERVICES DIVISION
PROJECT INFORMATION
Project Name: American Precast Concrete
Property PIN#: 9617.52-9908
Project Address: 144 Jacob Holm Way
Property Owner Fletcher Partners, LLC
PROJECT CONTACT INFORMATION
Financially Responsible Person: Kenneth Murphy
Mailing Address: P.O. Box 6215,Asheville,NC 28816
Telephone Number: 828-667-4526
Fax Number:
PLAN INFORMATION
Permit# 09-5434
Plan Reviewer: Chuck Watson
Telephone Number: 828-259-5456
NOTICE TRANSMITTAL INFORMATION
SENT TO:
BCSWCD via US Mail @
BUNCOMBE COUNTY SOIL&WATER CONSERVATION DISTRICT
COMMUNITY SERVICES CENTER
155 HILLIARD AVENUE, SUITE 204
ASHEVILLE,NC 28801
ATTN: GARY HIGGINS
NCDENR Division of Water Quality via e-mail @
Linda.Wiggsp_ncmail.net
MSD via e-mail @
[e-mail]

q g
CITY OF ASHEVILLE
Immediate Fine Notification
Report by: Danny Gibson Date of inspection: 4/16/2009
Project Name 545 Pond Road. Project/Permit Number:Pin#96264E 01V 5rrs-
Time arriving on site:9:30am Time leaving site: 9:45am
1. Date of last inspection_N/A or Initial inspection
I
2. Weather and soil conditions: Rain❑ or Clear® and Wet❑ or Dry
3.Were Pictures Taken Yes® No❑
3. Is site currently under notice of violation? Yes❑ No
4. Is the site in compliance with Soil and Erosion Control Regulations and Current Approved Plan? Yes:❑ No:
If no,check violations below:
5. Violations Violations
®_.Grading without permit ❑--Sedimentation of surface waters
®_Water body buffer zone violate
❑_Sediment on public road surface
❑_Sediment on adjacent property
6. Has sedimentation damage occurred since last inspection? Yes[:] No®
If yes,where?(Check all that apply) ❑ Lake/natural watercourse on the tract ❑_Lake/natural watercourse off the tract ❑_other property:
Brief Description:
Degree of damage: (Use best judgment with the following information as guide lines)
❑_slight:Area of damage up to 500 S.F.or approximately up to 4 man hours to correct with hand tools j
0—moderate:Area of damage greater than 500 S.F.and up to 5,000 S.F.or approximately greater than 4 man hours to correct with hand tools
but less than 16 man hours to correct with hand tools.
[]—severe: Area of damage greater than 5,000 S.F.or approximately greater than 16 man hours to correct with hand tools.
7. Contact made with:Lucy Crowell Title:Property Owner Via:Personal or Phone [phone]
8. Potential NPDES Permit Violation? Yes:® No:❑ Briefly Describe:Runoff potential into Pond Road and Pond Branch.
9. Any corrective and/or maintenance actions needed: Stop work until grading permit is obtained.Install erosion control measures as
required by the City of Asheville.Remove unsuitable fill material.Installing Silt fence will be required within 7 days and Temporary
ground cover will be required within 14 days of receiving this notice.
10. 56,788 sf of disturbed area grading without a permit,with 2500 sf of the total in a water body buffer zone. i
CommentsTroperty Owner:
Lucy Crowell
545 Pond Road
Asheville NC '
alto 15,
Others present:N/A
I
i
i

CITY OF ASHEVILLE
Immediate Fine Notification
I
Report by: Danny Gibson Date of inspection: 4/16/2009
Project Name 545 Pond Road. Project/Permit Number:Pin#962649141000
Time arriving on site: 10:15am Time leaving site: 10:30am
1. Date of last inspection_N/A or Initial inspection
2. Weather and soil conditions: Rain❑ or Clear® and Wet® or Dry❑
3.Were Pictures Taken Yes® No❑
3. Is site currently under notice of violation? Yes❑ No
4. Is the site in compliance with Soil and Erosion Control Regulations and Current Approved Plan? Yes:❑ No:ED
If no,check violations below:
i
5. Violations Violations
®_Grading without permit ❑_Sedimentation of surface waters
®_Water body buffer zone violate
❑_Sediment on public road surface
❑_Sediment on adjacent property
6. Has sedimentation damage occurred since last inspection? Yes[] No®
If yes,where?(Check all that apply) ❑ Lake/natural watercourse on the tract ❑_Lake/natural watercourse off the tract ❑_other property:
Brief Description:
Degree of damage: (Use best judgment with the following information as guide lines)
❑_slight:Area of damage,up to 500 S.F.or approximately up to 4 man hours to correct with hand tools
❑_moderate:Area of damage greater than 500 S.F.and up to 5,000 S.F.or approximately greater than 4 man hours to correct with hand tools
but less than 16 man hours to correct with hand tools. I
0—severe: Area of damage greater than 5,000 S.F.or approximately greater than 16 man hours to correct with hand tools. j
7. Contact made with:Lucy Crowell Title:Property Owner Via:Personal or Phone [phone]
I
8. Potential NPDES Permit Violation? Yes:® No:[I Briefly Describe:Runoff potential into Pond Road and Pond Branch.
i
9. Any corrective and/or maintenance actions needed: Stop work until grading permit is obtained.Install erosion control measures as
required by the City of Asheville.Remove unsuitable fill material.Installing Silt fence will be required within 7 days and Temporary
ground cover will be required within 14 days of receiving this notice.
10. 3,450 sf of disturbed area grading without a permit,and water body buffer zone violation.
comments:Property Owner:
Lucy Crowell
545 Pond Road
Asheville NC 1
i
I
Others present:N/A
I
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OF WAT4c
\O� 9QG Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
November 7,2007
Progress Energy Carolinas,Inc.
Raymond L. Davis,Jr.
Post Office Box 1981,TPP 18
Raleigh,North Carolina 27602-1981
Subject: Post-Construction Notification
Project ID:BUNCO 2008-007
Project:Avery Creek 115kV Substation
Buncombe County,North Carolina
Dear Mr.Davis:
A review of the Financial Responsibility/Ownership(FRO) form required under the
Sedimentation Pollution Control Act received on September 19,2007,has determined that the Avery
Creek I I5kV Substation project may be subject to a State Stormwater Permit for Post-construction.
Unless excluded under the provisions of Session Law 2006-246, Section 8,you must submit
within 30 days a schedule for the project or an application for a Post-Construction Stormwater Permit to:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
Post-Construction Application
1617 Mail Service Center
Raleigh,NC 27699-1617
The Post-construction permit is in addition to a North Carolina General Permit(NCGO 10000)
permit received for construction activity from the Division of Water Quality. For more information
regarding MSI Post-Construction and Phase II Session Law 2006-246 please visit:
http://h2o.enr.state.ne-us/su/NPDES Phase II Stormwater Program.htm
If you have any questions concerning this matter please feel free to call me at 919-733-5083 x545
or e-mail me at [e-mail].
Sincerely,
Mike Randall
cc: Asheville-Regional-Office '
Stormwater Permitting Unit Files
N�os,�e Carolina
�/Vll�llCQ��if
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone[phone] Customer Service
Internet: wwwmcwaterguality org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post consumer Paper

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
December 11, 2009
Ms. Susan Hardy, Executive Director
Stone Mountain School
126 Camp Elliott Road
Black Mountain,NC 28711
Subject: Follow-up to Notice of Violation and Recommendation for Enforcement
Stone Mountain School
NOV-2009-SS-0003
Buncombe County
Dear Ms. Hardy:
The Division of Water Quality (Division) received the Final Post-Construction Report for the
Stream.Enhancement and Sediment Removal submitted by McGill Associates, P.A. dated October
29, 2009.
Chuck Cranford and I, of this office, conducted a follow-up site visit on December 4, 2009. During
the site visit, it was noted that one of the structures (the third structure down from the spillway) had
failed and must be repaired. In addition, the vegetated buffer is not yet complete with plantings in
the 25 foot Trout buffer area. The Division understands that Stone Mountain School will continue
to work with McGill Associates in resolving these issues.
The stream enhancement work and sediment removal, along with anticipated completion of the
additional corrections stated above, will satisfactorily resolve the subject Notice of Violation and
Recommendation for Enforcement. I will conduct another site visit in the spring of 2010 to ensure
that the corrections have been completed.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 North Carolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 J�,/J
Internet: www.ncwaterquality.org I aturallty
An Equal Opportunity\.Affirmative Action Employer

Ms. Hardy
December 11,2009
Page 2 of 2
This letter in no way precludes this Office for taking action on this or any other violation.
Violations are subject to civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding these matters, please contact me at (828) 296-
4500.
Sincerely,
Susan A. Wilson, P.E.
Surface Water Protection Section
cc: ARO File Copy
DWQ Central Files
Dale Pennell, PE, PLS, McGill Associates
Buncombe County Planning
Liz Hair, USACE Asheville Office
G:\WPDATA\DEMWQ\Buncombe\Complaints\StoneMtnSchool\NOV Response Closure 12 2009.doc

MCGM
th�''
A S S 0 C I A T E S i ®� V
October 30, 2009 { 'I `1984-2009
r
Ms. Liz Hair I OCT 3 0 2009
L
Asheville Regulatory Field Office T _�
US Army Corps of Engineers WATER QUALITY C IT oN ,
151 Patton Avenue E ASHEVILLE REGIONAL OFFICE
Room 208Jr
Asheville,North Carolina 28801-5006s
RE: Submittal of Final Report for
Notice of Violation NOV-2009-SS-0003
Stone Mountain School
Buncombe County,North Carolina
Dear Ms. Hair:
On behalf of Stone Mountain School, we are herein providing one (1) copy of the final
report associated with the "Stone Mountain School Stream Enhancement and Sediment
Removal Plan': This submittal is in response to the Notice of Violation (NOV) dated February
3, 2009 received by our client for the above property. The contents of the final report are based
on the Plan submitted May 15th, 2009 and approved by NCDENR DWQ on July 20th, 2009 and
NCDENR DLR on July 3l't, 2009. We have incorporated all requirements of the NOV and the
approval documents into the final report,to the best of our knowledge.
We look forward to your review and concurrence with this final report. Please do not
hesitate to contact me, J.P. Johns, or Forrest Westall if we can be of assistance.
Sincerely,
McGILL ASSOCIATES, P.A.
DALE E. PENNELL, PE, PLS
Senior Project Manager
Cc: 'Mr.:Ro-ge Ed_wdds,NCDENR.DW-Q (w/enclosur-e)_
Ms. Janet Boyer,NCDENR Asheville Regional Office (w/enclosure)
Mr. John Hennessy,NCDENR Wetlands and Stormwater Branch(w/enclosure)
Mr. Sam Moore, Stone Mountain School (w/enclosure)
Mr. Forrest Westall, McGill Associates (w/enclosure)
Mr. J.P. Johns, McGill Associates (w/enclosure)
P:\2006\06165\Letters\Final—Report-10-29-09.docx
E n g i n e e r i n g P l a n n i n g F i n a n c e
McGill Associates, P.A. - P.O. Box 2259, Asheville, NC 28802 - 55 Broad Street, Asheville, NC 28801
828-252-0575 - Fax: [phone]

apt
�. f (:4hLj
;2McGffl
A S S O C I A T E S
October 30, 2009 ;`' E C E8
19 009
�.� O C T 3 0 2009 I �`
Mr. John Hennessy
North Carolina Department of I 11
WATER QUALITY SECTION 1
Environment and Natural Resources
ASHEVILLE REGIONAL OFFICE
Division of Water Quality
Wetlands and Stormwater Branch
1617 Mail Service Center Raleigh,North Carolina 27699-1617
RE: Submittal of Final Report for
Notice of Violation NOV-2009-SS-0003
Stone Mountain School
Buncombe County,North Carolina
Dear Mr. Hennessy:
On behalf of Stone Mountain School, we are herein providing one (1) copy of the final
report associated with the "Stone Mountain School Stream Enhancement and Sediment
Removal Plan': This submittal is in response to the Notice of Violation (NOV) dated February
3, 2009 received by our client for the above property. The contents of the final report are based
on the Plan submitted May 15th, 2009 and approved by NCDENR DWQ on July 20th, 2009 and
NCDENR DLR on July 31", 2009. We have incorporated all requirements of the NOV and the
approval documents into the final report, to the best of our knowledge.
We look forward to your review and concurrence with this final report. Please do not
hesitate to contact me, J.P. Johns, or Forrest Westall if we can be of assistance.
Sincerely,
McGILL ASSOCIATES, P.A.
DALE E. PENNELL, PE, PLS
Senior Project Manager
Cc: 1Vlr:Roger_Edw7ar-ds,-NCDE-NR DWQ-(w/enclosures},.;
Ms. Liz Hair, USACE (w/enclosure)
Ms. Janet Boyer,NCDENR DLR Asheville Regional Office (w/enclosure)
Mr. Sam Moore, Stone Mountain School (w/enclosure)
Mr. Forrest Westall, McGill Associates (w/enclosure)
Mr. J.P. Johns, McGill Associates (w/enclosure)
P:\2006\06165\Letters\Final Report_I0_29_09.docx
E n g i n e e r i n g o P l a n n i n g F i n a n c e
McGill Associates, P.A. • P.O. Box 2259, Asheville, ArC 28802 • 55 Broad Street, Asheville, AtC 28801
828-252-0575 ^ Fax: [phone]

McGM :
A S S 0 C I A T E S �Ec
October 30, 2009
OCT 3 0 2009
Ms. Janet Boyer WATER QUALITY SECTION
North Carolina Department of ASHEVILLE REGONAL21-L��
Environment and Natural Resources
Division of Land Resources
2090 U.S. Highway 70
Swannanoa,North Carolina 28778
RE: Submittal of Final Report for
Notice of Violation NOV-2009-SS-0003
Stone Mountain School
Buncombe County,North Carolina
Dear Ms. Boyer:
On behalf of Stone Mountain School, we are herein providing one (1) copy of the final
report associated With the "Stone Mountain School Stream Enhancement and Sediment
Removal Plan". This submittal is in response to the Notice of Violation (NOV) dated February
3, 2009 received by our client for the above property. The contents of the final report are based
on the Plan submitted May 15 th, 2009 and approved by NCDENR DWQ on July 20th, 2009 and
NCDENR DLR on July 31st, 2009. We have incorporated all requirements of the NOV and the
approval documents into the final report, to the best of our knowledge.
We look forward to your review and concurrence with this final report. Please do not
hesitate to contact me, J.P. Johns, or Forrest Westall if we can be of assistance.
Sincerely,
McGJILL ASSOCIATES, P.A.
'15ALE E. ENNELL, PE, PLS
Senior Project Manager
Cc: M-r-.-j-Wger--E,d-w.ards---NC.D.ENR:D'W-Q---(2L/(LnLcL
Mr. John Hennessy,NCDENR Wetlands and Stormwater Branch(w/enclosure)
Mr. Sam Moore, Stone Mountain School (w/enclosure)
Mr. Forrest Westall, McGill Associates (w/enclosure)
Mr. J.P. Johns, McGill Associates (w/enclosure)
P:\2006\06165\Letters\Final—Report—I 0-29-09.doex
E n g i n e e r i n g @ P I a n n 1 n g F i n a n c e
McGill Associates, P.A. - P.O. Box 2259, Asheville, NC 28802 - 55 Broad Sheet, Asheville, A7C 28801
828-252-0575 - Fax: [phone]

Bart Zink- 104 Farida Drive
Subject: Bart Zink- 104 Farida Drive
From: "Bart Zink" <[e-mail]>
Date: Fri, 27 Jun 2008 12:04:53 -0400
To: [e-mail]
Dear Chuck,
Thank you for taking the time to meet me at my property.today. It was a pleasure speaking with you.
Based on our conversation, I will move the silt fences to the point higher up on property to'catch the
sediment well above the creek as we discussed. Also, I will contact my consultant regarding the
erosion below my home to stabilize the area. I will also install a long silt fence directly below the area
to be graded as to catch any run-off that may be headed for the creek. I plan to have these silt fences
installed by next Wednesday evening as I will be in New York and will not be returning to town until
Tuesday evening.
I plan to begin the initial grading and stabilizing of the large slope below my home when I return next
week. Please contact Mr. Roper and Mr. Briggs regarding today's conversation. I appreciate your
consideration regarding this matter.
Sincerely,
Bart Zink
1 of 1 7/1/2008 8:14 AM

Bart Zink Page 2 of 2
June 5,2008
I. Stream Standard - Other Waste (In-Stream Sediment)
a. Please submit a plan detailing actions to stabilize the gullied slope and prevent any
further loss of sediment to the receiving stream. The plan should be submitted to
the Division of Water Quality for review prior to implementation. You are
encouraged to secure a professional experienced in erosion control-work to assist
you with development of the plan in order to achieve compliance. It is
recommended that your consultant contact Chuck Cranford of the Asheville
Regional Office for additional guidance during plan development. The erosion
control plan should.include the following:
• A narrative explaining how your property will be stabilized to prevent any
further loss of sediment to the receiving stream.
• A proposed schedule with dates that indicate when you expect to begin and
complete the stabilization.
b. Once the stabilization project has been completed, a final report documenting
erosion control efforts should be submitted to Chuck Cranford.
The DWQ has decided that the above course of action(i.e., implementation of erosion control
measures without stream sediment removal) is most appropriate considering the size of the stream
involved and the existing riparian vegetation that would have to be disturbed to gain stream access
by restoration professionals. However, continued impacts to the receiving stream from sediment
losses associated with your property may cause additional, more aggressive efforts to be.
warranted.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford or myself at (828)
296-4500.
Sincerely,.
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Hennessy—NPS Assistance and Compliance Oversight Unit
DWQ Central Files
Buncombe County Planning
Stuart Roper

Bart Zink Property
NA
a
`•*, � '' Y_^ti,. '1 """� _ per _�'L
smr
n �=
JA
a
1 inch equals 1,000 feet Roper
® Zink

North Carolina Division of Water Quality-Strearn.IdentiPic.ation Form versions 3.•1
Date: . -Cf-�� - Project: ��� ^ '-' _ Latitude: -
Evaluate^ S r I t/ l 5 Site: n Longitude:
i offal Points: Other - - -
Stream is at least intern ttent County: (�
II if Z 19,r erennial if>_30. �C e.g., Quad Name:
t �...�-.w r -
t A. (3e0morphology_(Subtotal_ _) Absent -_ Weak Moderate _ Str ng -
1'. Continuous bed and Lank 0 _ 1 2 3
2. Sinuosity _ 0 1 2_ 3
3: In-channel structure: riffle-pool sequence 1 2 3
4. Soil texture or stream substrate sorting 0 1 .3
l 5. Active/relic floodplain 1 2 3
6. Depositional bars or benches 0 1 ' 2 3
7. Braided channel 1 2 T 3 i
8.-Recent alluvial deposits _ 1 _ _ 2 _ _3
_9 a'Natural levees 0 1 - 2 3 _
10. Hdadcuts <ZOJ 1 2 -_ 3
i 11. Grade controls 0.5 _ 1 1.5
12. Natural valley or drainageway 0 0.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented I No=0 A Yes=3
evidence.. -- -�
°Man•rnade ditches are not rand;see discussions in manual
ia,dr6lans (Subtotal = )
1t> �ifiJU:fC.l'.!Rterfl0:i„C'il"aillarC�e U�' 1 i 2
j 15.V'Vater in channel and>48 hrs since rain, or r,
I lNat inner in channel--dry or 2Low season 0 1 2 I 3
i6. t_eaflittPr ---- ------- 1.5 -- 0.5 ^_
17. Sediment on plants or debris 0 - 0.5 _ 1
5 18. O!ganlc debris lines or piles(Wrack lines) 0 - 0.5 -- 1.5
H dric soils redoximor hic features resent? No=0
7/3 C: Biology (Subtatal= -
20 . Fibrous roots in channel 3 2 1 0
! 21b. Rooted plants in,channel 3 2 i 0
22:Crayfish 0 0.5 1 1.5
23: Bivalves C0� J1 2 _ 3
24. Fish � -- ----- - 0.5 _ --- 1 _1.5
--- -- - -
25.Amphibiahis -I 0 0.5 1 _ 1.5
26 Macrobenthos(tote diversity and abundance) 0 i 0.5 I 1 1.5
r2-1. Filamentous algae; periphyton1.5
2f� iron oxidizing bacteria/fungus. 0, - 0-5_-�_ 1 --_1_5
2ft") Wetland plants in streambed_ :AC=0.5; F_AC_W=0.75; GBL.= 1.5_S_A_V=2.0; Other-0'
items 20 and 21 focus on the presence of upland plants,lien)29 focuses on the presence of aquatic or wetland plants.
Notes_ (use hack side-ot this form for additional notes.) - Sketch:

Tax Information Acceptance Page 1 of 1
4 a County of Buncombe, North Carolina
d Web Property Record Card
9732.17-00-3897.000
4`Cn Q+luAl�'�' t
�O
Owner Information Parcel Information 2008 Total Property Value:263,500
Status: Active
Owners: BART WILLIAM ZINK Account: 8213532
Address:' Deed Date: 8/11/2006
104 FARIDA DR Deed Book/Page: 4267/0965
ASHEVILLE NC,28804 Plat Book/Page: 0000/0000
Property Location: 104 FARIDA DR Legal Reference: QUITCLAIM DEED
Taxing Districts Location: 104 FARIDA DR
County: Buncombe County Class: SINGLE FAMILY RES.
City: Neighborhood: RES/AVG/UNPLAN 27
Fire: Woodfin Subdivision:
School: Sub Lot:
Zoning:
Conservation/Easement: N
Flood: N
Ownership History
Date Price Legal Ref Deed Book/Page Qual Vacant Seller
8/11/2006 $0 QUITCLAIM DEED 4267/0965 N-N N 8149289- BART WILLIAM ZINK&PAULA MARIE
8/16/2000 $82,000 QUITCLAIM DEED 2323/0773 Y Y 8137241 - JOHN EDWIN DAVIS&CONNIE F
/6/1999 $50,000 QUITCLAIM DEED 2128/0419 Y Y 7962104- MORTEZA GHASSEMIEH&ARGHAVAN B
Assessment History
Year Acct Acres Land Bldgs Other Impr Assessed Desc Exemptions Deferred Taxable
2008 8213632 8.97 146800 116700 0 263500 0 0 263500
2007 8213532 8.97 146800 116700 0 263500 0 0 263500
2006 8149289 8.97 146800 116700 0 263500 0 0 263500
005 8149289 8.97 69100 97200 0 166300 0 0 166300
004 8149289 8.97 69100 97200 0 166300 0 0 166300
2003 W49289 8.97 69100 97200 0 166300 0 0 166300
002 8149289 8.97 69100 97200 0 166300 0 0 166300
2001 8149289 8.97 55900 84900 0 140800 0 0 140800
Land Data Total Acres: 8.97 2008 Land Value: 146,800 Other Improvements 2008 Value: 0
Segment# Units Description Improv# Description Year Units
1 1 Each HOME SITE
2 8.97 Acres CLASS 1
Building Structures
Res. Building ID Style Sq Feet Bsmt SgFt Bsmt Finished Year Built Grade Condition Value
1 MODULAR 1456 0 0 2000 C N 116700
Refinement Description Built-Ins Units
Foundation PIERS-WD/STIUMSNY Full Bath(s) 2
Roof TY/MT GABLE W/COMP.SHGL. Fireplace/Gas Log 1
Roof Structure WOOD JOIST Bedrooms(s) 3
Floor Finish W/W CARPET
Interior Finish DRYWALL/SHEETROCK
Heating FORCED AIR
Air Condition FORCED AIR/AC SYSTEM
zoom
Section SgFt#Stories
BASE AREA 1456 1.00
WOOD DECK 16 1.00 HAS
WOOD DECK 16 1.00 52
2008 Total Building Value: 116,700
http://www.buncombetax.org/lookup/asp/GeneratePropertyCard.asp?mainCat=Parcels&su... 5/28/2008

Page 1 of 2
BUNCOMBE COUNTY, NORTH CAROLINA
13473'
mo - 3.097
. r
7
6725 8725 '° Al3498
y _ J
I >_ !95,135
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0027.
This,DA'ip Wa a dB Bunagmt�s Coon. MC
http://gis.buncombecounty.org/servlet/com.esri.esrimap.Esrimap?ServiceName=sid3&For... 5/28/2008

Nov - ������ �
' A Incident Report
Report Number: 200801016
Incident Type: Complaint On-Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 03/28/2008 Company Name:
County: Buncombe Phone:
City: Pager/Mobile Phone: /
Farm#:
Responsible Party: Reported By:
Owner: First/Mid/Last Name: Stuart Roper
Permit: Company Name:
Facility: Address: ' 621,
First Name:
Middle Name: City/State/Zip:
Last Name: Phone: [phone]
Address Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty.lbs. Reportable Qty.kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: 15 piney hill rd
Address:
City/State/Zip 28804
Report Created, 03/31/08 08:00 AM Page I

Cause/Observation: Directions:
pipe of unknown substance is entering his tdb and causing Riverside drive(hwy 215)to Morrow Farm Rd,this road will fork,stay left
impacts at the forks to culdesac and go left on piney hill road to#15. Please call
Mr Roper.....Mr Roper will be out of town April 13 thru the 30th,do site
visit while he is in town so he can show yo the pipe.
Action Taken: Comments:
Incident Questions:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Event Type Event Date Due Date Comment
Report Received
Referred to Regional Office-Primary Contact
Report Entered 2008-03-31 08:59:31
Incident Start 2008-03-28 03:30:00
Report Created 03/31/08 08:00 AM Page 2

and Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Linda S Wiggs Linda S Wiggs
Phone:
Date/Time: 2008-03-31 08:59:31 AM
Referred Via:
Did DWQ request an additional written report?
If yes,What additional information is needed?
Report Created 03/31/08 08:00 AM Page 3

Map Output 15T 1`EA A 5 Page 1 of 2
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Herron Property
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S:\SWP\Buncombe\Complaints\Herron Property 1431 Brevard Rd\NOV-2010-OP-0024.Herron Property1431 Brevard Rd.04 2010.doc

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7property
County Tax Lookup - Property Card Page 1 of 2
T has work in progress -A property with WORK IN PROGRESS means that the
ps currently being reviewed because of some type of change.The changes could include
a of ownership, a split parcel, a combined parcel, an acreage change, etc.. Because the
property may have a change in value due to these or other changes a value or Property Record
Card can not be displayed.After the property is reviewed and a value is placed on the property
the WORK IN PROGRESS status will change to a'N'.At this point a value and Property Record
Card will be available.
COUNTY OF BUNCOMBE, NORTH CAROLINA
V Web Property Record Card
9721.03-31-5154.000
Owner Information `) Parcel Information 2oo8 Total Property Value: o
Status: Active
Owners: ERIC IJOHNSONAccount: 8081600
Address: Deed Date: 6/2/2006
1140 OLIVETTE RD Deed Book/Page: 4232/ io98
ASHEVILLE NC 28804 Plat Book/Page: 0000/ 0000
Property Location:1140 OLIVETTE RD Legal Reference: SPECIAL WARRANTY ENTIRE TRACT
Taxing Districts Location: 1140 OLIVETTE RD
Class: SINGLE FAMILY>10 AC
County: Buncombe County Neighborhood: RES/AVG/UNPLAN 17
City: Subdivision:
Fire: West Buncombe Sub Lot: SOUTH PTN
School: Zoning:
Conservation/Easement:N
Flood: Y
Ownership History
Sale Price Legal Reference Deed Deed Qual Vacant Account Seller Names
Date Book Page
SPECIAL JOHNSON TONY L
06/02/06 $o WARRANTY ENTIRE 4232 1098 N False 8189578 CUNNINGHAM
TRACT SANDRA J
Assessment History
Year Account Acres Land Bldgs Other Assessed Desc Exemptions Deferred Taxable
2oo8 8o8i600 20.08 243,000 152,500 31,800 427,300 0 203,300 224,000
2007 8o816o 20.08 243,000 152,500 31,800 427,300 0 203,300 224,000
Land Data Total Acres: 0 20o8 Land Other 20o8 Value: o
Value: o jImprovements
Building Structures
Res. Sq Bsmt Bsmt Year
Building ID Style Feet SgFt Finished Built Grade Condition Value
1 1'5-STY 1158 0 0 1920 C P 24019
CONVENTIONAL
Refinement Description
Foundation PIERS-WD/STL/MSNY
Roof TY/MT GABLE W/METAL
Roof Structure WOOD JOIST
http://www.buncombetax.org/PropertyCard.aspx 11/19/2008

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Floor Finish SOFTWOOD
Interior Finish WALLBOARD
Heating NO CENTRAL SYSTEM
Air Condition NONE(NO CENTRAL A/C)
Section SgFt # Stories Zoom
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BASE AREA 712 1.50
OPEN PORCH30 1.00
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ID Feet SgFt Finished Built
2 RANCH 16o8 16o8 0 1961 C N 128492
Refinement Description
Foundation CONVENTIONAL
Roof TY/MT GABLE W/ COMP. SHGL.
Roof Structure WOOD JOIST
Floor Finish HARDWOOD
Interior Finish PLYWD/HARDBOARD PNL
Heating FORCED AIR
Air Condition NONE(NO CENTRAL A/C)
Built-Ins Units
Full Bath(s) 2
Bedrooms(s) 3
Section SgFt # Stories Zoom
BASE AREA 16o8 i,0014
"
PATIO 8 1.00 $As
TERRACE 126 i.00
MASONRY STOOP o 11.00
20o8 Total Building Value: o
http://www.buncombetax.org/PropertyCard.aspx 11/19/2008

© 0�WA � Incident Report
Report Number: 200803273
Incident Type: Complaint On-Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 09/01/2008 Company Name:
County: Buncombe Phone:
City: Pager/Mobile Phone: /
Farm#:
Responsible Party: Reported By:
Owner: First/Mid/Last Name: Hartwell Carson
Permit: Company Name:
Facility: Address:
First Name: Eric
Middle Name: City/State/Zip:
Last Name: Johnson Phone:
Address 1140 Olivette Rd Pager/Mobile Phone: /
City/State/Zip: Woodfin NC 28804
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty.lbs. Reportable City.kgs.
DD:MM:SS Decimal Position Method: Geodetic quality Global Posn Syst Survey
Latitude: +36°33'03" 36.550800 Position Accuracy: Nearest IOth Of Second
Longitude: --82°37'23" -82.623000 . Position Datum: NAD83
Location of Incident: Old Leceister Hwy
Address: Olivette Rd
City/State/Zip Asheville NC 28804
Report Created 10/07/09 10:22 AM Page 1

Cause/Observation: Directions:
Erosion Riverside Drive to Old Leceister Hwy. Right Flynn Branch.To Olivette to
site on Left. Large clear,eroding slope.
Action Taken: Comments:
Site visit. Significant sediment loss to stream.
Incident Questions:
Did the Material reach the Surface Water? Yes Conveyance:
Surface Water Name? Lee Creek
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted: Unknown
Event Type Event Date Due Date Comment
Incident closed
Requested Additional Information
Referred to Regional Office-Primary Contact
Report Entered 2008-12-11 12:42:16
Report Created 10/07/09 10:22 AM Page 2

Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
2

Wilson, Susan A
From: Young, Jeff
Sent: Thursday, October 08, 2009 4:03 PM
To: Wilson, Susan A
Subject: RE: Eric Johnson site
Susan-
Preliminary drawings for stream restoration on the Johnson property were complete in August. A copy was sent via
USPS to Mr.Johnson's Olivette Road address. With it were instructions for completing and submitting a PCN for the
restoration work. The length of impact requires both a 404 permit and 401 certification.
As a designer, I do not encourage restoration work during hurricane season. However with the season drawing to a
close, now is a perfect time for construction before the window for seed germination closes. Woody vegetation planted
as livestakes must be done while the plant is dormant, so those plants can't be installed until late December through
March.
Do you need a copy of the preliminary plans for your files? They were marked as"preliminary" in case Mr.Johnson did
not approve of the new stream channel locations. I will stamp them "final" upon his approval. In the meantime,
preliminary drawings can be used for PCN submittals.
-Jeff
Jeff Young, PE [e-mail]
NC Department of Environment and Natural Resources
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Wilson, Susan A
Sent: Thursday, October 08, 2009 9:36 AM
To: Young, Jeff
Subject: Eric Johnson site
Jeff-the county has been getting complaints on this site again (he's the guy with the pasture and has mini horses on it).
Chuck told me you're working on a stream restoration for this one. What's the status? Sounds like it's getting bad
again, although I have not been out there. Thanks!
Susan A. Wilson [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality-Surface Water Protection
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
1

Report Received 2008-09-02 08:00:00
Incident Start 2008-09-01 08:00:00
Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Chuck Cranford Chuck Cranford Chuck Cranford
Phone:
Date/Time: 2008-09-02 08:00:00 AM 2008-12-11 12:42:16 PM
Referred Via: email
Did DWQ request an additional written report?
If yes,What additional information is needed?
Report Created 10/07/09 10:22 AM Page 3

Michael F. Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Cony Division of Water Quality
t
Asheville Regional Office
SURFACE WATER PROTECTION
December 12, 2008
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 9548
Mr. Eric Johnson
1140 Olivette Rd
Woodfin,NC 28804
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-SS-0049
Stream Standard Violation - Other Waste (In-stream sediment),
Removal..of Best Usage.
Buncombe County
Response deadline: January 9, 2008 or 30 days from receipt
Dear Mr. Johnson
On November 24, 2008, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality(DWQ) conducted a site inspection at 1140 Olivette Road in Buncombe County.
Darlene Kucken from the NC Division of Land Resources was present.
Stream standards violations were noted during the inspection due-to sediment deposition in an
unnamed tributary of Lee Creek classified as C waters. Approximately 700 feet of stream has been
impacted by sediment upwards of 17 inches in depth.
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f- Greater than 700 feet of an unnamed tributary of Lee Creek classified as C waters
was impacted by sediment deposition upwards of 17 inches throughout the stream reach,
representing Water,Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
REQUIRED RESPONSE
This Office requests that you respond in writing within 30 days of receipt of this Notice. Your
response should be sent to both to the attention of Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swannanoa,NC 28778 and to the attention of Mr. John Hennessy at the
Wetlands and Stormwater Branch,NPS Assistance and Compliance Oversight Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617. Your response should address the following items:
One
NorthCarolina
atura!!r�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC 28778 Phone[phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone] 1-877-623-6748'
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

Eric Johnson
Page 2 of 3
December 12,2008
1. Stream Standard - Other Waste (in StreamSediment)
a. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response.
ph su in ntR mo val Stre�iri�Restoration lari t I us o. cc or --——
review and approval. The Plan must address removal of the accumulated sediment
from unnamed tributary of Lee Creek and be submitted to the DWQ for review and
approval prior to implementation. You are encouraged to secure an environmental
consultant experienced in stream restoration to assist you with your developing your
plan and authorization necessary to achieve compliance. It is recommended that
your consultant contact Chuck Cranford of the Asheville Regional Office for
additional guidance during restoration plan development. The Plan should include
the following:
0- A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
o A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
c. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Chuck Cranford.

ou for your attention to this matter. This Office is considering sending a recommendation
foreement to the Director of the Division of Water Quality regarding these issues and any
ture/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit'
AR&Fi WC;" _ y
DWQ Central.Files
Division of.Land Resources
Buncombe County Planning
G:\WPDATA\DEMWQ\Buncombe\ComplaintsVohnson\NOV-2008-SS-0049.doc

ilENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name X and address on the reverse ' ' ❑Addressee
so that we can return the card to you. B. Received by( nted Name) C. Dat of �i eery
■ Attach this card to the back of the mailpiece, �Z
or on the front if space permits.
D. Is delivery address different from item 1? Yes
I. Article Addressed to: If YES,enter delivery address below: ❑ No
ERIC JOHNSON
1140 OLIVETTE ROAD ;tcertifiedice Type
WOODFIN NC 28804 --- Mail ❑Express Mail
egistered Return Recelp f �erchandlsE
❑Insured Mail ❑C. .D:
4. Restricted Delivery?(Extra Fee)
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WATER QUALITY SECTION
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