Transylvania Co. - Complaints

A'14,117iE71rILE COPY
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
MEMORANDUM
February 9, 2011
To: Eric Fleek '
Through: Roger C. Edward
From: Linda Wiggs
Division of Water Quality
Coleen H. Sullins
Director
SUBJECT: ARO Request for Benthic Sampling Related to Landfills
ARO Request for Benthic Sampling Related to Landfills
Dee Freeman
Secretary
The Asheville Regional Office is requesting benthic sampling in the vicinity of landfills draining
small watersheds. The.benthic evaluation will assist in determining impacts from landfills that
have headwater streams located at or adjacent to their disposal cells.
Two landfills have been chosen, the Transylvania County landfill and the Caldwell County
landfill. Both landfills are contained within watersheds of approximately 0.8 square miles.
Transylvania County
The Transylvania County landfill is located at/on the headwaters of the Woodruff Branch
watershed. Woodruff Branch is classified C,Trout and flows into the West Fork of the French
Broad River. Please see the Rosman Topographic map below indicating the Woodruff Branch
watershed. Woodruff Branch needs to be sampled near the mouth of the watershed. ARO is not
requesting benthic sampling of the West Fork of the French Broad River in association with the
Woodruff Branch sampling at this time. ARO is only requesting berithic sampling of Woodruff
Branch near the mouth of the branch. The Woodruff branch watershed is extremely steep and is
not easily accessible. Therefore it is recommended Woodruff Branch be accessed via private
property either from across or adjacent to the West Fork French Broad. ARO is willing to
contact the landowner to secure access, but will need to be notified in a timely manner of
sampling date to gain permission.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity IAffirmative Action Employer
NofthCarolina
Naturally

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WaterResources
ENVIRONMENTAL QUALITY
December 31, 2015
Dustin Merrill
Merrill Well & Pump -Company
99 Cascade Lake Road
Penrose NC 28766
Subject: Stream Turbidity Complaint Investigation
15 Falls Creek Road
Transylvania County
Dear Mr. Merrill:
PAT MCCRORY
Govemor
—DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
This letter is to summarize the results of a complaint investigation performed by the Division of Water
Resource's Asheville Regional Office at the subject address on December 10, 2015.
The complainant alleged that the stream running along Falls Creek Road was turbid and whitish in color.
By the time I arrived at the site the stream had cleared up of any turbidity. However, I spoke with the
property owner at 233 Falls Creek Road (upstream of 15 Falls Creek Road) and she indicated that Merrill
Well & Pump had drilled a well on her property that day.
This letter serves as a reminder ofthe following regulation: Per Title 15A of the North Carolina
Administrative Code (NCAC) subchapter 02H .0106(f)(7), discharges of groundwater generated
during well construction are deemed permitted provided that no water quality standards are
contravened.
The Fresh Surface Water Quality Standard for Class C waters for turbidity is found in 15A NCAC
02B .0211(21):.the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters;- for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25
NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level
shall not be increased.
If you should have any questions regarding this matter, please do not hesitate to contact me at (828) 296-
4685.
Sincerely,
Beverly Pric e
Environmental Senior Specialist
,=mCo Ash 1_P1E'l
G:\WR\WQ\Transylvania\Complaints\Merrill Well Drilling complaint.docx
State of North Carolina 1 Environmental Quality I Water Resources
2090 U.S. Hwy 70 1 Swannanoa, North Carolina 287781
828 2964500

Price, Bev
From:
Price, Bev
Sent:
Monday, April 28, 2014 9:43 AM
To:
Lane, Ervin
Cc:
Laverty, Brett
Subject:
Woodruff Landfill Spill
Hi Irvin,
I responded to this spill and just wanted to follow up with you. The ARO WQROS staff have reviewed the limited
assessment information submitted in response to the leachate release at the Trans. Co. landfill. Based on site
observations after the incident, it appears that the bulk of the leachate soaked into the ground at the spill site, which is
the headwaters of Woodruff Branch. In reviewing the soil data, it is not apparent if leachate impacted soil remains; thisi
could be a product of the manner in which the leachate was released from a broken pipe instead of a ruptured tank
coupled with limited soil sampling. DWR's remaining concern is if any leachate will remerge as baseflow in the adjacent,
stream through groundwater discharge since this is a headwaters stream. We would recommend DWM consider
requiring downstream and upstream surface water samples for parameters that match those found in the leachate. We
acknowledge that this approach has limitations as well, including having sufficient water to sample above the crash site
and if analytes are detected, connecting those to the release will be difficult.
If you wish to discuss further, please contact Brett Laverty [phone]. Thank you for your consideration in this
matter.
Bev Price
Bev Price - [e-mail]
DENR - Division of Water Resources
Water Quality Regional Operations Section
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.

ms (")C- �e��_ -* 00/ � W 5- -7 3
Harrison, Troy bto Flamm 4�
k)ogd.rv.9��
Subject: Spill reporting - leachate release Transylvania County /�yav�S������
Entry Type: Phone call 1I^
Company: EOC emergency response ` 9D 41D'
Start: Fri 3/14/2014 1:57 PM
t3revo,�-d
End: Fri 3/14/2014 2:03 PM
Duration: 6 minutes
Robin Dail — with EOC 24 Hr Emergency Management called — reporting a Kevin Shook, with Transylvania emergency
management — reporting a spill. The waste water truck hauling away from the landfill went off road - 4000 gallons
leachate dumped, absorbed into ground. 828 553 9793 (Kevin)
Trying to get local contacts in touch with correct SW folks
Hasn't reached any surface water. Woodruff Road, road to county landfill. Rosman. a%
AK — DA — TH: Let Chuck with DWQ know — let Jason and Michael know. We stated we would contact Kevin Shook
directly.
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NCDENR
NORTH CARMINA DEPARTMENY OF
ENVIRONMENT AND NATuiA.L RE_90llRGE9
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section r
_
Lined
MSWLF
X
LCID
YW
Transfer
Compost
SLAS
COUNTY: Transylvania
PERMIT NO.: 88-07
FILE TYPE: COMPLIANCE
MSWLF
IIIIW
White
nods
Incin
T&P
FIRM
CDLF
TireT&P/
Collection
Tire
Monofill
Industrial
Landfill
DEMO
SDTF
Date of Site Inspection: March 14, 2014 Date of Last Inspection: November 20, 2013
FACILITY NAME AND ADDRESS:
Transylvania Municipal Solid Waste Landfill Facility
500 Howell Road
Brevard, NC 28712
GPS COORDINATES: N: 35.11860 E:-82.8466
FACILITY CONTACT NAME AND PRONE NUMBER:
Name: Jeff Brookshire, Transylvania County Solid Waste Director
Telephone: [phone]
Email address: [e-mail]
FACILITY CONTACT ADDRESS:
500 Howell Road
Brevard, NC 28712
PARTICIPANTS:
Troy Harrison, Environmental Senior Specialist, Solid Waste Section
Jeff Brookshire, Transylvania County Solid Waste Director
Pete Stamey, Transylvania County Solid Waste -Landfill Manager
Mr. Kevin Shook, Transylvania County Emergency Management
STATUS OF PERMIT:
Active
Deadline to submit application for amendment or modification: January 16, 2018
Permit expiration date: July 16, 2018
PURPOSE OF SITE VISIT:
Emergency response to overturned leachate truck
STATUS OF PAST NOTED VIOLATIONS:
OBSERVED VIOLATIONS:
1. 15A North Carolina Administrative Code 13B .1626 (2)(a) states: "Except as provided in Sub -Item (b) of this
Item, the owners or operators of all MSWLF units must cover disposed solid waste with six inches of earthen
material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors,
fires, odors, blowing litter, and scavenging."
Transylvania County Municipal Solid Waste Facility (Transylvania County) was in violation of 15A North
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://portal.nodenr.org/web/wm/sw
An Equal Opportunity \ Affirmative Action Employer

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste,Management
w
Solid Waste Section`
Page 2 of 4
Carolina Administrative Code 13B .1626 (2) (a) in that on March 14, 2014; The tarp used as an alternative daily
cover (ADC) at the end of the working day was not adequate to cover the waste not covered by dirt. In addition,
the ADC was not securely weighted down and allowed wind to blow underneath.
In order to achieve compliance, Transylvania County must immediately cover all exposed waste in the daily cover
area of the landfill with six inches of earthen material and maintain that cover with six inches of cover or an ADC.
2. 15A North Carolina Administrative Code 13B .1626 (11) (c) states: "Appropriate methods such as fencing and
diking shall be provided within the area to confine solid waste subject to be blown by the wind. At the conclusion
of each day of operation, all windblown material resulting from the operation shall be collected and returned to
the area by the owner or operator."
Transylvania Co. was in violation of 15A North Carolina Administrative Code 13B .1626 (11) (c) in that on
March 14, 2014; There was windblown litter scattered throughout the landfill and in trees and fence at the edge of
the property boundary.
In order to achieve compliance, Transylvania Co. must immediately collect all windblown material from the cap
of the landtlll and return the material to the working tace at the end of each
The item(s) listed above were observed by Section staff and require action on behalf of the facility in order to come into or maintain compliance
with the Statutes, Rules, and/or other regulatory requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22, an
administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit,
or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further, the facility and/or all responsible parties may be subject to
enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and
any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules.
ADDITIONAL COMMENTS
All Photographs were taken by Troy Harrison on 3/14/14.
Leachate Spill
1. On Friday, March 14, 2014, Andrea Keller, Solid Waste Section -Asheville Regional Office (SWS-ARO)
received a call from Robin Dail — with EOC 24 Hour Emergency Management in Raleigh, reporting that
Kevin Shook, with Transylvania Emergency Management had called to report a spill. A waste water truck
hauling away from the landfill went off the road and 4000 gallons of leachate was dumped. Mr. Shook
reported that the leachate had absorbed into ground and hasn't reached any surface water. The accident
happened on Woodruff Road, which is the entrance road to the landfill.
2. Mr. Troy Harrison (the writer), SWS-ARO called Mr. Shook at approximately 2:10. Mr. Shook was on site
and "repelling" to the overturned tanker truck. He said that all of the leachate (4000 gal) had spilled out of
the truck but had already soaked into the ground and was not near any stream. Mr. Shook asked if they could
remove the truck and I told him that SWS approval was not necessary to remove the truck. I spoke with Bev
Price, Division of Water Quality-ARO and relayed the information from Mr. Shook.
3. Mr. Harrison arrived on site at approximately 4:00 PM. The truck cab and frame had already been removed.
The tank was still in the ravine but cables were attached and the removal process had begun. Mr. Jeff
Brookshire, Transylvania County Solid Waste Director was on site. The tank appeared to be empty and the
main valve was sheared off. According to Mr. Brookshire, the driver had driven too close to the edge of the
dirt road which gave way. The truck rolled about three times down a steep embankment and came to rest
about 80 feet from the road. A small stream approximately 10 feet from where the tank had previously come
to rest. Mr. Harrison immediately called Ms. Price and told her the information given by Mr. Shook was
incorrect and there was a small stream located next to where the tank came to rest. Mr. Brookshire said that
the gasoline tanks were emptied by hand in containers and carried to the road. There was evidence where
leachate had entered the stream. There appeared to be a small amount of leachate in the displaced dirt where
the tank had previously come to rest. Mr. Brookshire was instructed that soil and water sampling must be

4. On Monday, March 17, 2014, Mr. Brookshire sent photos of the stream before and after soil removal. He
stated that shovels were used to remove 5 buckets of brown colored silt in the area where the tank emptied
out. The silt was taken to the landfill. The correspondence also said that samples taken by the landfill would
be analyzed by Pace Labs.
Landfill
5. While on site, Mr. Harrison spoke with Pete Stamey, Landfill Manager, and he said that the working face had
been covered. While at the Landfill office, at approximately 5:30 PM, garbage could be seen around the tarp
that was being used as an ADC. At the working face it was observed that the tarp was not covering all of the
waste. In addition, the wind was blowing under -the tarp. The only thing that held the tarp in place was the
heavy equipment. Odors were observed. Birds were observed feeding on the waste. In addition, a new road
had been cut in the landfill exposing waste and had not been covered. An unused tarp was observed on the
landfill. No wind barriers were observed around the working face to collect windblown debris. Windblown
debris was observed on the landfill, the trees and collected at the property boundary fence.
Exposed waste from new entrance road
On Saturday, March 15, 2014 the Section received photographs of the working face area that had been
properly covered with the ADC and soil. Photographs of the area where the road was cut and waste exposed
indicated that had also been repaired.
Repaired road area

FACILITY COMPLIANCE INSPECTION REPORT � ~ j
Division of Waste Management _
Solid Waste Section; "
Page 4 of 4
Please contact me if you have any questions or concerns regarding this inspection report.
Troy �V Digitally cn— roy Harrison,ed y Troy Harrison
1' DN:cn=Troy Hao=Solid
Waste Section, ou=NC DENR-
PWM,
I ema,[e-mail],
Harrison- --5 -,
?-i Date: 2014.03.20 17:15:40 -04'00' Phone: [phone]
Troy Harrison
Environmental Senior Specialist
Regional Representative
Sent on: March 20, 2014 1 X I Email: Hand Delivery US Mail Certified No. f�
ec: Jason Watkins, Western District Supervisor — Solid Waste Section
Sarah Rice, Compliance Officer — Solid Waste Section
Michael Scott, Chief -Solid Waste Section
Ervin Lane, Hydrogeolgist, Solid Waste Section
Bev Price, Division of Water Quality

Incident Report
Report Number: 201400573
Incident Type: Spill (Oil, Chemical, non -sewage)
On -Site Contact:
Category: Incident
First/Mid/Last Name:
Jeff Brookshire
Incident Started: 03/14/2014
Company Name:
Woodruff Landfill
County: Transylvania
Phone:
City: Brevard
Pager/Mobile Phone:
/ [phone]
Farm #:
Responsible Party:
Reported By:
Owner: Jeff Brookshire
First/Mid/Last Name:
Troy Harrison
Permit:
Company Name:
Facility: Woodruff Landfill
Address:
2090 US Hwy 70
First Name: Jeff
Aro Solid Waste Section
Middle Name:
City/State/Zip:
Swannanoa NC 28778
Last Name: Brookshire
Phone:
[phone] 4701
Address 500 Howell Rd
Pager/Mobile Phone:
/ [phone]
City/State/Zip: Brevard NC 28712
Phone:
Material Category: Estimated Qty: UOM
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Other 4000 gal
DD:MM:SS
Decimal
Position Method: Unknown
Latitude:
+35°07'23"
35.123000
Position Accuracy: Unknown
Longitude:
—82°51'15"
-82.854100
Position Datum: Unknown
Location of Incident: Transylvania Municiple
Solid Waste Landfill
Address:
Woodfuff Rd
City/State/Zip
Rosman
NC
28772
Report Created 03/21/14 09:28 AM
Page 1

Cause/Observation:
Wastewater tanker hauling leachate away from the landfill went
off the road, overturned and rolled down a steep embankment.
4000 gallons of leachate spilled out of the tank. The tanker had
been removed from the wreckage site by the time that I arrived.
The tanker came to rest approximately 10' from a small stream
(unnamed tributary to Woodruff Branch).
Action Taken:
Contacted Kevin Shook (Transylvania County Emergency
Management) for more information prior to heading out to the
site. Site visit on Friday 3/14/14. 1 met with Jeff Brookshire,
Director,Transylvania Co. Solid Waste at the accident site. I
requested analytical data from stream samples collected by Mr
Brookshire. Also requested that the brown residue be removed
from the stream. I also requested that he remove what
appeared to be a small amount of leachate still on the ground.
After meeting with Mr. Brookshire, I went to an area just below
the confluence of Woodruff Branch and the West Fork of the
French Broad River. There was no sign of a fishkill.
3/20 - requested most recent analytical data for the landfill
lechate.
Incident Questions:
Did the Material reach the Surface Water? Yes
Surface Water Name? Unnamed tributary to Woodruff Br
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Yes
Water Supply Wells within 1500ft: Unknown
Directions:
Hwy 64 West out of Brevard toward Rosman. Turn left on to Woodruff
Rd.(landfill road)just past MB Industries. Go through the gate and
continue for approximately 1 mile. Accident occurred on the left side of
the road.
Comments:
On Friday 3/14/14 a tanker truck hauling landfill leachate away from the
landfill overturned. The tanker rolled down a steep bank and the contents
of the tank (4000 gallons of leachate) spilled out. EOC emergency
response contacted ARO Solid Waste Section and reported that 4000
gals. of leachate spilled out onto the ground. Troy Harrison (SW Section)
then contacted me concerning the spill. The initial report from Mr. Shook
was that no leachate had reached surface water, that it absorbed into the
ground. In a followup conversation with Mr. Shook, he indicated that it
soaked into the ground like a sponge. Mr. Shook also indicated that no
diesel fuel spilled onto the ground.
Mr. Harrison upon arriving at the site called me to report that leachate
had entered a stream.
It appeared that some leachate did enter the stream but it was impossible
to determine the volume. There was brown residue on the edges of the
stream at the spill site which appeared to be leachate. There appeared to
be a small amount of leachate on the ground where the tanker had
previously come to rest
Mr. Brookshire sent photos of the steam before and after cleanup of the
residue.
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Report Created 03/21/14 09:28 AM Page 2

e
)sed
Requested Additional Information
Report Entered
Report Received
Referred to Regional Office - Primary Contact
Incident Start
Standard Agencies Notified:
Agency Name Phone
Solid and Hazard Waste [phone] Ext.
Event Date
2014-03-20 12:00:00
2014-03-19 08:31:00
2014-03-14 02:30:00
2014-03-14 02:30:00
2014-03-14 01:57:00
First Name
Troy
Due Date Comment
Requested copy of the latest anal
M.I. Last Name Contact Date
Harrison
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By:
Report Entered By:
Regional Contact:
Beverly Price
Beverly Price
Beverly Price
Phone:
Date/Time: 2014-03-14 02:30:00 PM
2014-03-19 08:31:00 AM
2014-03-14 02:30:00 PM
Referred Via: Phone
Phone
Did DWQ request an additional written report?
2014-03-20 12:00:00 AM
If yes, What additional information is needed?
Requested copy of the latest analytical data for leachate.
Report Created 03/21/14 09:28 AM
Page 3

Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
April 09, 2014
Mr. Jeff Brookshire
Transylvania Co.
500 Howell Rd.
Brevard, NC 28712
RE: Project: Spill3/15/14
Pace Project No.: 92193457
Dear Mr. Brookshire:
Enclosed are the analytical results for sample(s) received by the laboratory on March 15, 2014. The
results relate only to the samples included in this report. Results reported herein conform to the
most current TN standards and the laboratory's Quality Assurance Manual, where applicable, unless
otherwise noted in the body of the report.
Analyses were performed at the Pace Analytical Services location indicated on the sample analyte
page for analysis unless otherwise footnoted.
If you have any questions concerning this report, please feel free to contact me.
Sincerely,
Jam
Tabitha M Dacal
[e-mail]
Project Manager
Enclosures
cc: Ms. Vickie Guy, Transylvania County Solid Waste
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
eoaa ,
without the written consent of Pace Analytical Services, Inc.. Page 1 of 42

aceAnalXiol .
vnnvpacelabs_com
Pace Analytical Scrvices, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
CERTIFICATIONS
Project: Spill3/15/14
Pace Project No.: 92193457
Charlotte Certification IDs
9800 Kincey Ave. Ste 100, Huntersville, NC 28078
Florida/NELAP Certification #: E87627
North Carolina Drinking Water Certification #: 37706
Kentucky UST Certification #: 84
North Carolina Field Services Certification #: 5342
West Virginia Certification #: 357
North Carolina Wastewater Certification #: 12
Virginia/VELAP Certification #: 460221
South Carolina Certification #: 99006001
Asheville Certification IDs
2225 Riverside Dr., Asheville, NC 28804
Florida/NELAP Certification #: E87648
Massachusetts Certification #: M-NC030
North Carolina Drinking Water Certification #: 37712
North Carolina Wastewater Certification #: 40
South Carolina Certification #: 99030001
West Virginia Certification #: 356
Virginia/VELAP Certification #: 460222
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc.. Page 2 of 42

SAMPLE ANALYTE COUNT
Project: Spill3115/14
Pace Project No.: 92193457
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Lab ID
Sample ID
Method
Analysts
Analytes
Reported
Laboratory
92193457001
#1 Upstream of Spill
EPA 6010
NJZ
7
PASI-A
EPA 7470
MTS
1
PASI-A
SM 521013
MCR
1
PASI-A
u
i
EPA 300.0
SAE
1
PASI-A
EPA 365.1
JDA
1
PASI-A
92193457002
#2 Spill Site SL
EPA 6010
NJZ
7
PASI-A
EPA 7471
MTS
1
PASI-A
EPA 8260
DLK
70
PASI-C
ASTM D2974-87
ZAK
1
PASI-C
EPA 365.1
JDA
1
PASI-A
92193467003
#2 Spill Site WT
EPA 6010
NJZ
7
PASI-A
EPA 7470
MTS
1
PASI-A
EPA 8260
MCK
63
PASI-C
SM 5210B
MCR
1
PASI-A
EPA 300.0
SAE
2
PASI-A
EPA 365.1
JDA
1
PASI-A
92193457004
#3 Downstream WT
EPA 6010
NJZ
7
PASI-A
EPA 7470
MTS
1
PASI-A
EPA 8260
MCK
63
PASI-C
SM 5210B
MCR
1
PASI-A
EPA 300.0
SAE
2
PASI-A
EPA 365.1
JDA
1
PASI-A
92193457005
#3 Downstream SL
EPA 6010
NJZ
7
PASI-A
EPA 7471
MTS
1
PASI-A
EPA 8260
DLK
70
PASI-C
ASTM D2974-87
ZAK
1
PASI-C
EPA 365.1
JDA
1
PASI-A
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
Page 3 of 42

aceAnalytical
w�yiv pacelsbS:com
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Project: Spill3/15/14
Pace Project No.: 92193457
Sample: #1 Upstream of Spill Lab [D: 92193457001 Collected: 03/15/14 09:45 Received: 03/15/14 12:30 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qua]
6010 MET ICP
Arsenic
Barium
Cadmium
Chromium
Lead
Selenium
Silver
7470 Mercury
Mercury
5210B BOD, 5 day
BOD, 5 day
300.0 IC Anions 28 Days
Sulfate
365.1 Phosphorus, Total
Phosphorus
Date: 04/09/2014 10:03 AM
Analytical Method: EPA 6010 Preparation Method: EPA 3010
ND ug/L
10.0
1
03/20/14 09:50
03/20/14 18:32
7440-38-2
MU19L4
5.0
1
03/20/14 09:50
03/20/14 18:32
7440-39-3
ND ug/L
1.0
1
03/20/14 09:50
03/20/14 18:32
7440-43-9
ND ug/L
5.0
1
03/20/14 09:50
03/20/14 18:32
7440-47-3
ND ug/L
5.0
1
03/20/14 09:50
03/20/14 18:32
7439-92-1
ND ug/L
10.0
1
03/20/14 09:50
03/20/14 18:32
7782-49-2
ND ug/L
5.0
1
03/20/14 09:50
03/20/14 18:32
7440-22-4
Analytical Method: EPA 7470 Preparation Method:
EPA 7470
ND ug/L
0.20
1
03/17/1419:10
03/20/1412:17
7439-97-6
Analytical Method: SM 5210B
ND mg/L
2.0
1
03115/1416:30
03120/1411:45
Analytical Method: EPA 300.0
ND mg/L
2.0
1
03/25/1411:51
14808-79-8
Analytical Method: EPA 365.1
ND mg/L
0.050
1
03/23/1412:37
7723-14-0
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
Page 4 of 42

ANALYTICAL RESULTS
Project: Spill3/15/14
Pace Project No.: 92193457
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Sample: #2 Spill Site SL Lab ID: 92193457002 Collected: 03/15/14 09:55 Received: 03/15/14 12:30 Matrix: Solid
Results reported on a "dry -weight" basis
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qua]
6010 MET ICP Analytical Method: EPA 6010 Preparation Method: EPA 3050
Arsenic
ND mg/kg
1.4
1
03/19/1411:50
03/21/1417:23
7440-38-2
Barium
ND mg/kg
0.70
1
03/19/1411:50
03/21/1417:23
7440-39-3
Cadmium
ND mg/kg
0.14
1
03/19/1411:50
03/21/1417:23
7440-43-9
Chromium
ND mg/kg
0.70
1
03/19/1411:50
03121/1417:23
7440-47-3
Lead
ND mg/kg
0.70
1
03/19/1411:50
03/21/1417:23
7439-92-1
Selenium
ND mg/kg
1.4
1
03/19/1411:50
03/21/1417:23
7782-49-2
Silver
ND mg/kg
0.70
1
03/19/1411:50
03/21/1417:23
7440-22-4
7471 Mercury
Analytical Method: EPA 7471 Preparation
Method:
EPA 7471
Mercury
ND mg/kg
0.0058
1
03/17/1415:30
03/19/1415:45
7439-97-6
8260/5035A Volatile Organics
Analytical Method: EPA 8260
Acetone
t2.-2 ug/_.k
101
1
03/23/14 13:54
67-64-1
Benzene
ND ug/kg
5.0
1
03/23/14 13:54
71-43-2
Bromobenzene
ND ug/kg
5.0
1
03/23/14 13:54
108-86-1
Bromochloromethane
ND ug/kg
5.0
1
03/2311413:54
74-97-5
Bromodichloromethane
ND ug/kg
5.0
1
03/23/14 13:54
75-27-4
Bromoform
ND ug/kg
5.0
1
03/2311413:54
75-25-2
Bromomethane
ND ug/kg
10.1
1
03/23/14 13:54
74-83-9
2-Butanone (MEK)
ND ug/kg
101
1
03/23/14 13:54
78-93-3
n-Butylbenzene
ND ug/kg
5.0
1
03/23/14 13:54
104-51-8
sec-Butylbenzene
ND ug/kg
5.0
1
03/23/14 13:54
135-98-8
tert-Butyl benzene
ND ug/kg
5.0
1
03/23/14 13:54
98-06-6
Carbon tetrachloride
ND ug/kg
5.0
1
03/23/14 13:54
56-23-5
Chlorobenzene
ND ug/kg
5.0
1
03/23/14 13:54
108-90-7
Chloroethane
ND ug/kg
10.1
1
03/23/14 13:54
75-00-3
Chloroform
ND ug/kg
5.0
1
03/23/14 13:54
67-66-3
Chloromethane
ND ug/kg
10.1
1
03/23/14 13:54
74-87-3
2-Chlorotoluene
ND ug/kg
5.0
1
03/23/14 13:54
95-49-8
4-Chlorotoluene
ND ug/kg
5.0
1
03/23/14 13:54
106-43-4
1,2-Dibromo-3-chloropropane
ND ug/kg
5.0
1
03/23/14 13:54
96-12-8
Dibromochloromethane
ND ug/kg
5.0
1
03/23/14 13:54
124-48-1
1,2-Dibromoethane (EDB)
ND ug/kg
5.0
1
03/23/14 13:54
106-93-4
Dibromomethane
ND ug/kg
5.0
1
03123/1413:54
74-95-3
1,2-Dichlorobenzene
ND ug/kg
5.0
1
03/23/14 13:54
95-50-1
1,3-Dichlorobenzene
ND ug/kg
5.0
1
03/23/14 13:54
541-73-1
1,4-Dichlorobenzene
ND ug/kg
5.0
1
03/23/14 13:54
106-46-7
Dichlorodifluoromethane
ND ug/kg
10.1
1
03/2311413:54
75-71-8
1,1-Dichloroethane
ND ug/kg
5.0
1
03/23/14 13:54
75-34-3
1,2-Dichloroethane
ND ug/kg
5.0
1
03/23/14 13:54
107-06-2
1,1-Dichloroethene
ND ug/kg
5.0
1
03/23/14 13:54
75-35-4
cis- 1,2-Dichloroethene
ND ug/kg
5.0
1
03/23/14 13:54
156-59-2
trans- 1,2-Dichloroethene
ND ug/kg
5.0
1
03/23/14 13:54
156-60-5
1,2-Dichloropropane
ND ug/kg
5.0
1
03/23/14 13:54
78-87-5
1,3-Dichloropropane
ND ug/kg
5.0
1
03/23/14 13:54
142-28-9
Date: 04/09/2014 10:03 AM
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
Page 5 of 42

5.a&eAnalyfical
vnvwpacelabs com
ANALYTICAL RESULTS
Project: Spill3/15114
Pace Project No.: 92193457
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Sample: #2 Spill Site SL Lab ID: 92193457002 Collected: 03/15/14 09:55 Received: 03/15/14 12:30 Matrix: Solid
Results reported on a "dry -weight" basis
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
$260/5035A Volatile Organics Analytical Method: EPA 8260
2,2-Dichloropropane
ND ug/kg
5.0
1
03/23/14 13:54
594-20-7
1,1-Dichloropropene
ND ug/kg
5.0
1
03/2311413:54
563-58-6
cis-1,3-Dichloropropene
ND ug/kg
5.0
1
03/23/14 13:54
10061-01-5
trans- l,3-Dichloropropene
ND ug/kg
5.0
1
03/23/14 13:54
10061-02-6
Diisopropyl ether
ND ug/kg
5.0
1
03/23/14 13:54
108-20-3
Ethylbenzene
ND ug/kg
5.0
1
03/23/14 13:54
100-41-4
Hexachloro-1,3-butadiene
ND ug/kg
5.0
1
03/23/14 13:54
87-68-3
2-Hexanone
ND ug/kg
50.3
1
03/23/14 13:54
591-78-6
Isopropylbenzene (Cumene)
ND ug/kg
5.0
1
03/23/14 13:54
98-82-8
p-Isopropyltoluene
ND ug/kg
5.0
1
03/23/14 13:54
99-87-6
Methylene Chloride
ND ug/kg
20.1
1
03/23/14 13:54
75-09-2
4-Methyl-2-pentanone (MIBI)
ND ug/kg
50.3
1
03/23/14 13:54
108-10-1
Methyl-.tert-butyl ether
ND ug/kg
5.0
1
03/23/14 13:54
1634-04-4
Naphthalene
ND ug/kg
5.0
1
03/23/14 13:54
91-20-3
n-Propylbenzene
ND ug/kg
5.0
1
03/23/14 13:54
103-65-1
Styrene
ND ug/kg
5.0
1
03/23/14 13:54
100-42-5
1,1,1,2-Tetrachloroethane
ND ug/kg
5.0
1
03/23/14 13:54
630-20-6
1,1,2,2-Tetrachloroethane
ND ug/kg
5.0
1
03/23/14 13:54
79-34-5
Tetrachloroethene
ND ug/kg
5.0
1
03/23/14 13:54
127-18-4
Toluene
ND ug/kg
5.0
1
03/23/14 13:54
108-88-3
1,2,3-Trichlorobenzene
ND ug/kg
5.0
1
03/23/14 13:54
87-61-6
1,2,4-Trichlorobenzene
ND ug/kg
5.0
1
03/23/14 13:54
120-82-1
1,1,1-Trichloroethane
ND ug/kg
5.0
1
03/23/14 13:54
71-55-6
1,1,2-Trichloroethane
ND ug/kg
5.0
1
03/23/14 13:54
79-00-5
Trichloroethene
ND ug/kg
5.0
1
03/23/14 13:54
79-01-6
Trichlorofluoromethane
ND ug/kg
5.0
1
03/23/14 13:54
75-69-4
1,2,3-Trichloropropane
ND ug/kg
5.0
1
03/23/14 13:54
96-18-4
1,2,4-Trimethylbenzene
ND ug/kg
5.0
1
03/2311413:54
95-63-6
1,3,5-Trimethylbenzene
ND ug/kg
5.0
1
03/2311413:54
108-67-8
Vinyl acetate
ND ug/kg
50.3
1
03/23/14 13:54
108-05-4
Vinyl chloride
ND ug/kg
10.1
1
03/23/14 13:54
75-01-4
Xylene (Total)
ND ug/kg
10.1
1
03/23/14 13:54
1330-20-7
m&p-Xylene
ND ug/kg
10.1
1
03/23/14 13:54
179601-23-1
o-Xylene
ND ug/kg
5.0
1
03/23/14 13:54
95-47-6
Surrogates
Toluene-d8 (S)
115 %
70-130
1
03/23/14 13:54
2037-26-5
4-Bromofluorobenzene (S)
86 %
70-130
1
03/23/14 13:54
460-00-4
1,2-Dichloroethane-d4 (S)
85 %
70-132
1
03/23/14 13:54
17060-07-0
Percent Moisture Analytical Method: ASTM D2974-87
Percent Moisture 35.1 % 0.10 1 03/19/14 14:38
365.1 Phosphorus, Total Analytical Method: EPA 365.1
Phosphorus ND mg/kg 6.7 1 03/23/14 13:33 7723-14-0
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full.
Date: 04/09/2014 10:03 AM without the written consent of Pace Analytical Services, Inc..
Page 6 of 42

Analytical
W�W..pacelebs_coiri
ANALYTICAL RESULTS
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Project: Spill3/15/14
Pace Project No.: 92193457
Sample: #2 Spill Site WT Lab ID: 92193457003 Collected: 03/15/14 09:59 Received: 03/15/14 12:30 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
6010 MET ICP
Analytical Method: EPA6010 Preparation Method: EPA3010
Arsenic
ND ug/L
10.0
1
03/20/14 09:50
03/20/14 18:35
7440-38-2
Barium
29e8 ug/L
5.0
1
03/20/14 09:50
03/20/14 18:35
7440-39-3
Cadmium
ND ug/L
1.0
1
03/20/14 09:50
03/20/14 18:35
7440-43-9
Chromium
ND ug/L
5.0
1
03/20/14 09:50
03/20/14 18:35
7440-47-3
Lead
6.2 u i
5.0
1
03/20/14 09:50
03/20/14 18:35
7439-92-1
Selenium
ND ug/L
10.0
1
03/20/14 09:50
03/20/14 18:35
7782-49-2
Silver
ND ug/L
5.0
1
03/20/14 09:50
03/20/14 18:35
7440-22-4
7470 Mercury
Analytical Method: EPA 7470 Preparation Method: EPA 7470
Mercury
ND ug/L
0.20
1
03/17/1419:10
03/20/1412:26
7439-97-6
8260 MSV Low Level
Analytical Method: EPA 8260
Acetone
ND ug/L
25.0
1
03/20/14 00:25
67-64-1
Benzene
ND ug/L
1.0
1
03/20/14 00:25
71-43-2
Bromobenzene
ND ug/L
1.0
1
03/20/14 00:25
108-86-1
Bromochloromethane
ND ug/L
1.0
1
03/20/14 00:25
74-97-5
Bromodichloromethane
ND ug/L
1.0
1
03/20/14 00:25
75-27-4
Bromoform
ND ug/L
1.0
1
03/20/14 00:25
75-25-2
Bromomethane
ND ug/L
2.0
1
03/20/14 00:25
74-83-9
2-Butanone (MEK)
ND ug/L
5.0
1
03/20/14 00:25
78-93-3
Carbon tetrachloride
ND ug/L
1.0
1
03/20/14 00:25
56-23-5
Chlorobenzene
ND ug/L
1.0
1
03/20/14 00:25
108-90-7
Chloroethane
ND ug/L
1.0
1
03/20/14 00:25
75-00-3
Chloroform
ND ug/L
1.0
1
03/20/14 00:25
67-66-3
Chloromethane
ND ug/L
1.0
1
03/20/14 00:25
74-87-3
2-Chlorotoluene
ND ug/L
1.0
1
03/20/14 00:25
95-49-8
4-Chlorotoluene
ND ug/L
1.0
1
03/20/14 00:25
106-43-4
1,2-Dibromo-3-chloropropane
ND ug/L
5.0
1
03/20/14 00:25
96-12-8
Dibromochloromethane
ND ug/L
1.0
1
03/20/14 00:25
124-48-1
1,2-Dibromoethane (EDB)
ND ug/L
1.0
1
03/20/14 00:25
106-93-4
Dibromomethane
ND ug/L
1.0
1
03/20/14 00:25
74-95-3
1,2-Dichlorobenzene
ND ug/L
1.0
1
03/20/14 00:25
95-50-1
1,3-Dichlorobenzene
ND ug/L
1.0
1
03/20/14 00:25
541-73-1
1,4-Dichlorobenzene
ND ug/L
1.0
1
03/20/14 00:25
106-46-7
Dichlorodifluoromethane
ND ug/L
1.0
1
03/20/14 00:25
75-71-8
1,1-Dichloroethane
ND ug/L
1.0
1
03/20/14 00:25
75-34-3
1,2-Dichloroethane
ND ug/L
1.0
1
03/20/14 00:25
107-06-2
1,1-Dichloroethene
ND ug/L
1.0
1
03/20/14 00:25
75-35-4
cis- 1,2-Dichloroethene
ND ug/L
1.0
1
03/20/14 00:25
156-59-2
trans-1,2-Dichloroethene
ND ug/L
1.0
1
03/20/14 00:25
156-60-5
1,2-Dichloropropane
ND ug/L
1.0
1
03/20/14 00:25
78-87-5
1,3-Dichloropropane
ND ug/L
1.0
1
03/20/14 00:25
142-28-9
2,2-Dichloropropane
ND ug/L
1.0
1
03/20/14 00:25
594-20-7
1,1-Dichloropropene
ND ug/L
1.0
1
03/20/14 00:25
563-58-6
cis-1,3-Dichloropropene
ND ug/L
1.0
1
03/20/14 00:25
10061-01-5
trans-1,3-Dichloropropene
ND ug/L
1.0
1
03/20/14 00:25
10061-02-6
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
Date: 04/09/2014 10:03 AM without the written consent of Pace Analytical Services, Inc.. Page 7 of 42

aceAr�alytical _.
w�vw.p�celabs.cam
ANALYTICAL RESULTS
Project: Spill3/15/14
Pace Project No.: 92193457
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Sample: #2 Spill Site WT Lab ID: 92193457003 Collected: 03/15/14 09:59 Received: 03/15/14 12:30 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
8260 MSV Low Level Analytical Method: EPA 8260
Diisopropyl ether
ND ug/L
1.0
1
03/20/14 00:25
108-20-3
Ethylbenzene
ND ug/L
1.0
1
03/20/14 00:25
100-41-4
Hexachloro-1,3-butadiene
ND ug/L
1.0
1
03/20/14 00:25
87-68-3
2-Hexanone
ND ug/L
5.0
1
03/20/14 00:25
591-78-6
p-Isopropyltoluene
ND ug/L
1.0
1
03/20/14 00:25
99-87-6
Methylene Chloride
ND ug/L
2.0
1
03/20/14 00:25
75-09-2
4-Methyl-2-pentanone (MIBI)
ND ug/L
5.0
1
03/20/14 00:25
108-10-1
Methyl-tert-butyl ether
ND ug/L
1.0
1
03/20/14 00:25
1634-04-4
Naphthalene
ND ug/L
1.0
1
03/20/14 00:25
91-20-3
Styrene
ND ug/L
1.0
1
03/20/14 00:25
100-42-5
1,1,1,2-Tetrachloroethane
ND ug/L
1.0
1
03/20/14 00:25
630-20-6
1,1,2,2-Tetrachloroethane
ND ug/L
1.0
1
03/20/14 00:25
79-34-5
Tetrachloroethene
ND ug/L
1.0
1
03/20/14 00:25
127-18-4
Toluene
ND ug/L
1.0
1
03/20/14 00:25
108-88-3
1,2,3-Trichlorobenzene
ND ug/L
1.0
1
03/20/14 00:25
87-61-6
1,2,4-Trichlorobenzene
ND ug/L
1.0
1
03/20/14 00:25
120-82-1
1,1,1-Trichloroethane
ND ug/L
1.0
1
03/20/14 00:25
71-55-6
1,1,2-Trichloroethane
ND ug/L
1.0
1
03/20/14 00:25
79-00-5
Trichloroethene
ND ug/L
1.0
1
03/20/14 00:25
79-01-6
Tdchlorofluoromethane
ND ug/L
1.0
1
03/20/14 00:25
75-69-4
1,2,3-Trichloropropane
ND ug/L
1.0
1
03/20/14 00:25
96-18-4
Vinyl acetate
ND ug/L
2.0
1
03/20/14 00:25
108-05-4
Vinyl chloride
ND ug/L
1.0
1
03/20/14 00:25
75-01-4
Xylene (Total)
ND ug/L
2.0
1
03/20/14 00:25
1330-20-7
m&p-Xylene
ND ug/L
2.0
1
03/20/14 00:25
179601-23-1
o-Xylene
ND ug/L
1.0
1
03/20/14 00:25
95-47-6
Surrogates
4-Bromofluorobenzene (S)
97 %
70-130
1
03/20/14 00:25
460-00-4
1,2-Dichloroethane-d4 (S)
109 %
70-130
1
03/20/14 00:25
17060-07-0
Toluene-d8 (S)
98 %
70-130
1
03/20/14 00:25
2037-26-5
5210E BOD, 5 day
Analytical Method: SM 5210B
BOD, 5 day
ND mg/L
2.0
1
03/15/14 16:30 03/20/14 11:45
300.0 IC Anions 28 Days
Analytical Method: EPA 300.0
Fluoride
ND mg/L
0.50
1
03/22/14 09:37
16984-48-8
Sulfate
2.3 mg/L
2.0
1
03/22/14 09:37
14808-79-8
365.1 Phosphorus, Total
Analytical Method: EPA 365.1
Phosphorus
ND mg/L
0.050
1
03/23/1412:37
7723-14-0
Date: 04/09/2014 10:03 AM
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consentof Pace Analytical Services, Inc..
Page 8 of 42

Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Project: Spill3/15/14
Pace Project No.: 92193457
Sample: #3 Downstream WT Lab ID: 92193457004 Collected: 03/15/14 10:18 Received: 03/15/14 12:30 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
6010 MET ICP Analytical Method: EPA6010 Preparation Method: EPA3010
Arsenic
ND ug/L
10.0
1
03/20/14 09:50
03/20/14 18:38
7440-38-2
Barium
A 4. ug/L
5.0
1
03/20/14 09:50
03/20/14 18:38
7440-39-3
Cadmium
ND ug/L
1.0
1
03/20/14 09:50
03/20/14 18:38
7440-43-9
Chromium
ND ug/L
5.0
1
03/20/14 09:50
03/20/14 18:38
7440-47-3
Lead
ND ug/L
5.0
1
03/20/14 09:50
03/20/14 18:38
7439-92-1
Selenium
ND ug/L
10.0
1
03/20/14 09:50
03/20/14 18:38
7782-49-2
Silver
ND ug/L
5.0
1
03/20/14 09:50
03/20/14 18:38
7440-22-4
7470 Mercury
Analytical Method: EPA7470 Preparation Method: EPA7470
Mercury
ND ug/L
0.20
1
03/17/1419:10
03/20/1412:28
7439-97-6
8260 MSV Low Level
Analytical Method: EPA 8260
Acetone
ND ug/L
25.0
1
03/21/14 13:50
67-64-1
J(HS)
Benzene
ND ug/L
1.0
1
03/21/14 13:50
71-43-2
J(M1)
Bromobenzene
ND ug/L
1.0
1
03/21/14 13:50
108-86-1
Bromochloromethane
ND ug/L
1.0
1
03/21/14 13:50
74-97-5
Bromodichloromethane
ND ug/L
1.0
1
03/21/14 13:50
75-27-4
Bromoform
ND ug/L
1.0
1
03/21/14 13:50
75-25-2
Bromomethane
ND ug/L
2.0
1
03/21/14 13:50
74-83-9
2-Butanone (MEK)
ND ug/L
5.0
1
03/21/14 13:50
78-93-3
Carbon tetrachloride
ND ug/L
1.0
1
03/21/14 13:50
56-23-5
Chlorobenzene
ND ug/L
1.0
1
03/21/14 13:50
108-90-7
J(M1)
Chloroethane
ND ug/L
1.0
1
03/21/14 13:50
75-00-3
Chloroform
ND ug/L
1.0
1
03/21/14 13:50
67-66-3
Chloromethane
ND ug/L
1.0
1
03/21/14 13:50
74-87-3
2-Chlorotoluene
ND ug/L
1.0
1
03/21/14 13:50
95-49-8
4-Chlorotoluene
ND ug/L
1.0
1
03/21/14 13:50
106-43-4
1,2-Dibromo-3-chloropropane
ND ug/L
5.0
1
03/21/14 13:50
96-12-8
Dibromochloromethane
ND ug/L
1.0
1
03/21/14 13:50
124-48-1
1,2-Dibromoethane (EDB)
ND ug/L
1.0
1
03/21/14 13:50
106-93-4
Dibromomethane
ND ug/L
1.0
1
03/21/14 13:50
74-95-3
1,2-Dichlorobenzene
ND ug/L
1.0
1
03/21/14 13:50
95-50-1
1,3-Dichlorobenzene
ND ug/L
1.0
1
03/21/14 13:50
541-73-1
1,4-Dichlorobenzene
ND ug/L
1.0
1
03/21/14 13:50
106-46-7
Dichlorodifluoromethane
ND ug/L
1.0
1
03/21/14 13:50
75-71-8
1,1-Dichloroethane
ND ug/L
1.0
1
03/21/14 13:50
75-34-3
1,2-Dichloroethane
ND ug/L
1.0
1
r
03/21/14 13:50
107-06-2
1,1-Dichloroethene
ND ug/L
1.0
1
03/21/14 13:50
75-35-4
J(M1)
cis- 1,2-Dichloroethene
ND ug/L
1.0
1
03/21/14 13:50
156-59-2
trans- 1,2-Dichloroethene
ND ug/L
1.0
1
03/21/14 13:50
156-60-5
1,2-Dichloropropane
ND ug/L
1.0
1
03/21/14 13:50
78-87-5
1,3-Dichloropropane
ND ug/L
1.0
1
03/21/14 13:50
142-28-9
2,2-Dichloropropane
ND ug/L
1.0
1
03/21/14 13:50
594-20-7
1,1-Dichloropropene
ND ug/L
1.0
1
03/21/14 13:50
563-58-6
cis- 1,3-Dichloropropene
ND ug/L
1.0
1
03/21/14 13:50
10061-01-5
trans-1,3-Dichloropropene
ND ug/L
1.0
1
03/21/14 13:50
10061-02-6
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
Date: 04/09/2014 10:03 AM without the written consent of Pace Analytical Services, Inc.. Page 9 of 42

aceAlnalyfcal .
ww�w.p8gelab&cbn,
ANALYTICAL RESULTS
Project: Spill3/15114
Pace Project No.: 92193457
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Sample: #3 Downstream WT Lab ID: 92193457004 Collected: 03/15/14 10:18 Received: 03/15/14 12:30 Matrix: Water
Parameters Results Units Report Limit DF Prepared Analyzed CAS No.. Qua[
8260 MSV Low Level
Diisopropyl ether
Ethylbenzene
Hexachloro-1,3-butadiene
2-Hexanone
p-Isopropyltoluene
Methylene Chloride
4-Methyl-2-pentanone (MIBK)
Methyl-tert-butyl ether
Naphthalene
Styrene
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
Tetrachloroethene
Toluene
1,2,3-Trichlorobenzene
1,2,4-Trichlorobenzene
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethene
Tdchlorofluoromethane
1,2,3-Trichloropropane
Vinyl acetate
Vinyl chloride
Xylene (Total)
m&p-Xylene
o-Xylene
Surrogates
4-Bromofluorobenzene (S)
1,2-Dichloroethane-d4 (S)
Toluene-d8 (S)
5210E BOD, 5 day
BOD, 5 day
300.0 IC Anions 28 Days
Fluoride
Sulfate
365.1 Phosphorus, Total
Phosphorus
Date: 04/09/2014 10:03 AM
Analytical Method: EPA 8260
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND ug/L
ND 'ug/L
ND ug/L
ND ug/L
98 %
101 %
98 %
Analytical Method: SM 5210B
ND mg/L
Analytical Method: EPA 300.0
ND mg/L
? mF.
Analytical Method: EPA 365.1
ND mg/L
1.0
1
03/21/14 13:50
108-20-3
1.0
1
03/21/14 13:50
100-41-4
1.0
1
03/21/14 13:50
87-68-3
5.0
1
03/21/14 13:50
591-78-6
1.0
1
03/21/14 13:50
99-87-6
2.0
1
03/21/14 13:50
75-09-2
5.0
1
03/21/14 13:50
108-10-1
1.0
1
03/21/14 13:50
1634-04-4
1.0
1
03/21/14 13:50
91-20-3
1.0
1
03/21/14 13:50
100-42-5
1.0
1
03/21/14 13:50
630-20-6
1.0
1
03/21/14 13:50
79-34-5
1.0
1
03/21/14 13:50
127-18-4
1.0
1
03/21/14 13:50
108-88-3
1.0
1
03/21/14 13:50
87-61-6
1.0
1
03/21/14 13:50
120-82-1
1.0
1
03/21/14 13:50
71-55-6
1.0
1
03/21/14 13:50
79-00-5
1.0
1
03/21/14 13:50
79-01-6 J(M1)
1.0
1
03/21/14 13:50
75-69-4
1.0
1
03/21/14 13:50
96-18-4
2.0
1
03/21/14 13:50
108-05-4
1.0
1
03/21/14 13:50
75-01-4
2.0 .
1
03/21/14 13:50
1330-20-7
2.0
1
03/21/14 13:50
179601-23-1
1.0
1
03/21/14 13:50
95-47-6
70-130
1
03/2111413:50
460-00-4
70-130
1
03/21/14 13:50
17060-07-0
70-130
1
03/21/14 13:50
2037-26-5
2.0
1
03/15/1416:30 03/20/1411:45
0.50 1
2.0 1
0.050 1
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, Inc..
03/22/14 10:09 16984-48-8
03/22/14 10:09 14808-79-8
03/23/1412:38 7723-14-0
Page 10 of 42

Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
ANALYTICAL RESULTS
Project: Spill3/15/14
Pace Project No.: 92193457
Sample: #3 Downstream SL
Lab ID: 92193457005 Collected: 03/15/14 10:20 Received: 03/15/14 12:30 Matrix: Solid
Results reported on a "dry -weight"
basis
Parameters
Results Units
Report Limit
DF Prepared
Analyzed
CAS No.
Qua[
6010 MET ICP
Analytical Method: EPA6010
Preparation Method: EPA3050
Arsenic
ND mg/kg
1.1
1 03/19/1411:50
03/21/1417:27
7440-38-2
Barium
ND mg/kg
0.57
1 03/19/1411:50
03/21/1417:27
7440-39-3
Cadmium
ND mg/kg
0.11
1 03/19/1411:50
03/21/1417:27
7440-43-9
Chromium
ND mg/kg
0.57
1 03/19/1411:50
03/21/1417:27
7440-47-3
Lead
ND mg/kg
0.57
1 03/19/1411:50
03/21/1417:27
7439-92-1
Selenium
ND mg/kg
1.1
1 03119/1411:50
03/21/1417:27
7782-49-2
Silver
ND mg/kg
0.57
1 03/19/1411:50
03/21/1417:27
7440-22-4
7471 Mercury
Analytical Method: EPA 7471
Preparation Method:
EPA 7471
Mercury
ND mg/kg
0.0045
1 03/17/1415:30
03/19/1415:53
7439-97-6
826015035A Volatile Organics
Analytical Method: EPA 8260
Acetone
VA09101
62.9
1
03/23/14 14:14
67-64-1
Ell
Benzene
ND ug/kg
3.1
1
03/23/14 14:14
71-43-2
Bromobenzene
ND ug/kg
3.1
1
03/23/14 14:14
108-86-1
Bromochloromethane
ND ug/kg
3.1
1
03/23/14 14:14
74-97-5
Bromodichloromethane
ND ug/kg
3.1
1
03/23/14 14:14
75-27-4
Bromoform
ND ug/kg
3.1
1
03/23/14 14:14
75-25-2
Bromomethane
ND ug/kg
6.3
1
03/23/14 14:14
74-83-9
2-Butanone (MEK)
ND ug/kg
62.9
1
03/23/14 14:14
78-93-3
n-Butylbenzene
ND ug/kg
3.1
1
03/23/14 14:14
104-51-8
sec -Butyl benzene
ND ug/kg
3.1
1
03/23/14 14:14
135-98-8
tert-Butylbenzene
ND ug/kg
3.1
1
03/23/14 14:14
98-06-6
Carbon tetrachloride
ND ug/kg
3.1
1
03/23/14 14:14
56-23-5
Chlorobenzene
ND ug/kg
3.1
1
03/23/14 14:14
108-90-7
Chloroethane
ND ug/kg
6.3
1
03/23/14 14:14
75-00-3
Chloroform
ND ug/kg
3.1
1
03/23/14 14:14
67-66-3
Chloromethane
ND ug/kg
6.3
1
03/23/14 14:14
74-87-3
2-Ch[orotoluene
ND ug/kg
3.1
1
03/23/14 14:14
95-49-8
4-Ch[orotoluene
ND ug/kg
3.1
1
03/23/14 14:14
106-43-4
1,2-Dibromo-3-chloropropane
ND ug/kg
3.1
1
03/23/14 14:14
96-12-8
Dibromochloromethane
ND ug/kg
3.1
1
03/23/14 14:14
124-48-1
1,2-Dibromoethane (EDB)
ND ug/kg
3.1
1
03/23/14 14:14
106-93-4
Dibromomethane
ND ug/kg
3.1
1
03/23/14 14:14
74-95-3
1,2-Dichlorobenzene
ND ug/kg
3.1
1
03/23/14 14:14
95-50-1
1,3-Dichlorobenzene
ND ug/kg
3.1
1
03/23/14 14:14
541-73-1
1,4-Dichlorobenzene
ND ug/kg
3.1
1
03/23/14 14:14
106-46-7
Dichlorodifluoromethane
ND ug/kg
6.3
1
03/23/14 14:14
75-71-8
1,1-Dich[oroethane
ND ug/kg
3.1
1
03/2311414:14
75-34-3
1,2-Dichloroethane
ND ug/kg
3.1
1
03123/1414:14
107-06-2
1,1-Dichloroethene
ND ug/kg
3.1
1
03/23/14 14:14
75-35-4
cis-1,2-Dichloroethene
ND ug/kg
3.1
1
03/23/14 14:14
156-59-2
trans- 1,2-Dichloroethene
ND ug/kg
3.1
1
03/23/14 14:14
156-60-5
1,2-Dichloropropane
ND ug/kg
3.1
1
03/23/14 14:14
78-87-5
1,3-Dichloropropane
ND ug/kg
3.1
1
03/23/14 14:14
142-28-9
REPORT OF LABORATORY
ANALYSIS
This report shall
not be reproduced, except in full,
Date: 04/09/2014 10:03 AM
without the written consent of Pace Analytical
Services, Inc..
Page 11 of 42

aceAnalytical
vnrNpacelebs.som
r
ANALYTICAL RESULTS
Project: Spill3/15/14
Pace Project No.: 92193457
Pace Analytical Services, Inc.
2225 Riverside Dr.
Asheville, NC 28804
[phone]
Sample: #3 Downstream SL Lab ID: 92193457005 Collected: 03/15/14 10:20 Received: 03/15/14 12:30 Matrix: Solid
Results reported on a "dry -weight" basis
Parameters Results Units Report Limit DF Prepared Analyzed CAS No. Qual
826015035A Volatile Organics Analytical Method: EPA 8260
2,2-Dichloropropane
ND ug/kg
3.1
1
03/23/14 14:14
594-20-7
1,1-Dichloropropene
ND ug/kg
3.1
1
03/23/14 14:14
563-58-6
cis- 1,3-Dichloropropene
ND ug/kg
3.1
1
03/23/14 14:14
10061-01-5
trans-1,3-Dichloropropene
ND ug/kg
3.1
1
03/23/14 14:14
10061-02-6
Diisopropyl ether
ND ug/kg
3.1
1
03/23/14 14:14
108-20-3
Ethylbenzene
ND ug/kg
3.1
1
03/23/14 14:14
100-41-4
Hexachloro-1,3-butadiene
ND ug/kg
3.1
1
03/2311414:14
87-68-3
2-Hexanone
ND ug/kg
31.4
1
03/23/14 14:14
591-78-6
Isopropylbenzene (Cumene)
ND ug/kg
3.1
1
03/23/14 14:14
98-82-8
p-Isopropyltoluene
ND ug/kg
3.1
1
03/23/14 14:14
99-87-6
Methylene Chloride
ND ug/kg
12.6
1
03/23/14 14:14
75-09-2
4-Methyl -2-pentanone (MIBK)
ND ug/kg
31.4
1
03/23/14 14:14
108-10-1
Methyl-tert-butyl ether
ND ug/kg
3.1
1
03/23/14 14:14
1634-04-4
Naphthalene
ND ug/kg
3.1
1
03/23/14 14:14
91-20-3
n-Propylbenzene
ND ug/kg
3.1
1
03/23/14 14:14
103-65-1
Styrene
ND ug/kg
3.1
1
03/23/14 14:14
100-42-5
1,1,1,2-Tetrachloroethane
ND ug/kg
3.1
1
03/23/14 14:14
630-20-6
1,1,2,2-Tetrachloroethane
ND ug/kg
3.1
1
03/23/14 14:14
79-34-5
Tetrachloroethene
ND ug/kg
3.1
1
03/2311414:14
127-18-4
Toluene
ND ug/kg
3.1
1
03/2311414:14
108-88-3
1,2,3-Trichlorobe nzene
ND ug/kg
3.1
1
03/23/14 14:14
87-61-6
1,2,4-Trichlorobenzene
ND ug/kg
3.1
1
03/23/14 14:14
120-82-1
1,1,1-Trichloroethane
ND ug/kg
3.1
1
03/23/14 14:14
71-55-6
1,1,2-Trichloroethane
ND ug/kg
3.1
1
03/23/14 14:14
79-00-5
Trichloroethene
ND ug/kg
3.1
1
03/23/14 14:14
79-01-6
Trichlorofluoromethane
ND ug/kg
3.1
1
03/23/14 14:14
75-69-4
1,2,3-Trichloropropane
ND ug/kg
3.1
1
03/23/14 14:14
96-18-4
1,2,4-Trimethyl benzene
ND ug/kg
3.1
1
03/23/14 14:14
95-63-6
1,3,5-Trimethylbenzene
ND ug/kg
3.1
1
03/23/14 14:14
108-67-8
Vinyl acetate
ND ug/kg
31.4
1
03/23/14 14:14
108-05-4
Vinyl chloride
ND ug/kg
6.3
1
03/23/14 14:14
75-01-4
Xylene (Total)
ND ug/kg
6.3
1
03/23/14 14:14
1330-20-7
m&p-Xylene
ND ug/kg
6.3
1
03/23/14 14:14
179601-23-1
o-Xylene
ND ug/kg
3.1
1
03/23/14 14:14
95-47-6
Surrogates
Toluene-d8 (S)
ill %
70-130
1
03/23/14 14:14
2037-26-5
4-Bromofluorobenzene (S)
88 %
70-130
1
03/23/14 14:14
460-00-4
1,2-Dichloroethane-d4 (S)
97 %
70-132
1
03/23/14 14:14
17060-07-0
Percent Moisture Analytical Method: ASTM D2974-87
Percent Moisture 25.5 % 0.10 1 03/19/14 14:38
365.1 Phosphorus, Total Analytical Method: EPA365.1
Phosphorus ND mg/kg 3.4 1 03/23/1413:34 7723-14-0
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
Date: 04/09/2014 10:03 AM without the written consent of Pace Analytical Services, Inc.. Page 12 of 42

S,treamMentification Form Version 4.11
Date:
Project/Site: 5AA6l.L /,"Wl
Latitude:
Evaluator:
County: �' 7W41/ 14
Longitude:
Total Points: �/
Stream is at least intermittent J
Stream Determination (circle one)
Ephemeral Intermittent Perennial
Other
Name:
if >_ 19 or perennial if >_ 30'
e.g. Quad
A. Geomorphology (Subtotal =�
Absent
Weak
Moderate
Strong
,a* Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
1 0.5
1
Of5
11. Second or greater order channel
No - 0
Yes = 3
"artificial ditches are not rated; see discy�sions in manual
B. Hvdroloav (Subtotal = `7 1 -
12. Presence of Baseflow
0
1
2
6)
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes T3
C. Bioloav (Subtotal = rul-) 1
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
d
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1,
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other = 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
1� /�,is RIV %---'o 7-0/­ 2/i9- 00 0
/00 001yV1_44 l U4-boaZ 6140

is County, NC -- Printable Map
Transylvania County, NC
Page 1 of 1
DISCLAIMER: The information contained on this page is NOT to be construed or used as a 'legal description". Map information is
believed to be accurate but accuracy is not guaranteed.
Parcels
Pin: 9507-01-2199-000
Owner:
SNELL ROBERT M &
DIANE H
100 MOUNTAIN LAUREL RD
PISGAH FOREST,NC 28768
Sale Date: 199612
Sale Price: $100,000
Acres: 19.058
Township: Brevard Outside
Deed Book: 00409
Deed Page: 0519
Sale Inst: WD
Sale Imp: V
Other Attributes
at point 900409, 571228
Zoning: Map Grid:
None Tile Name: 950717
Zoning:
Land Value: $175,900
Bldg Value: $315,090
XFOB Value: $15,220
Assessed Value: $506,210
Legal Address: OFF DAVIDSON RVR
CEM RD
Year Built: 2000
Heated Sq.Ft.: 2508
http://www.webais.net Anderson & Associates, Inc, htto://www.andassoc.r-om
htt,o:Harcims.webizis.net/nc/transylvania/-Printable2.as-D 11/1/2012

JJP'0770,',Swannanoa, NC 28778 to 100 Mountain Laurel Ln, Pisgah Forest, NC 287... Page 1 of 1
Directions to 100 Mountain Laurel Ln, Pisgah
Forest, NC 28768
37.4 mi — about 1 hour 4 mins
2090 U.S. 70, Swannanoa, NC 28778
70 1. Head southwest on US-70 W toward New Salem Rd
About 3 mins
2..Turn left onto Porters Cove Rd
About 1 min
3. Turn right onto the Interstate 40 W ramp to Asheville
About 46 secs
' 4 Merge onto 1-40 W
About 3 mns
_.,
5- Take exit 51 for Sweeten Creek Rd/U.S 25A toward Asheville
go 0.3 mi
total 6.6 mi.
84 7: US-25A S turns slightly right and becomes N Carolina 280 W/Airport Rd go 18.1 mi
Continue to follow N Carolina 280 W total 31.6 mi
About 28 mins
8 Conttnue stralght'onto US 276 S - go 0.2 ml'
216 About rn'm total 31.8 rr�j'
9. Turn left onto Ecusta Rd
About 3 mins
q 11. Turn left onto Wilson Rd
About 5 mins
13. Slight left onto Fernwood Dr
15. Turn left onto Skyland Dr
About 2 mins
100 Mountain Laurel Ln, Pisgah Forest, NC 28768
go 1.4 mi
total 33.1 mi
go 2.4 mi
total 35.6 mi
go 0.1 mi
total 36.7 mi
go 0.4 mi
total 37.3 mi
These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause
conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your
route.
Map data ©2012 Google
I Directions weren't right? Please find your route on maps.google.com and click "Report a problem" at the bottom left.
http://maps.google.com/maps?mod&source=s d&saddr=2090+U.S.+70,+Swannanoa,+NC... 11/1/2012

Wiggs, Linda
From: Edwards, Roger [[e-mail]]
Sent: Wednesday, February 23, 2011 12:16 PM
To: [e-mail]
Subject: FW: Move To Reclassify Boylston Creek May Be Swimming Upstream
Attachments: ATT00001..c; ATT00001..c
FYI...... Boylston Creek legislation????
Roger Edwards - [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]
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.
From: Massengale, Susan [mailto:[e-mail]]
Sent: Wednesday, February 23, 2011 11:00 AM
To: denr.dwq.clips@.lists.ncmail.net-
Subject: Move To Reclassify Boylston Creek May Be Swimming Upstream
From the Carolina Journal
(Move To Reclassify Boylston Creek May Be Swimming Upstream
General Assembly looking skeptically at trout stream designation
By Karen Welsh
February 23, 2011
BREVARD — Concerns that state environmental regulators are seeking to take property along streams in Western North Carolina
without compensating property owners has drawn attention from the General Assembly. Rep. David Guice, R-Transylvania, introduced
House Bill 62 to stop the reclassification of Bolyston Creek from a Class C to Class C Trout stream in Transylvania County.
Should the reclassification take place, landowners along the designated areas of the creek would have to leave a 25-foot buffer of the
creek bank undisturbed and could, in the view of critics, invite trout fishermen to trespass on private property included in the buffer. The
bill is scheduled for consideration Thursday in the House Environment Committee. A companion bill, Senate Bill 64, has not been
placed on the Senate schedule.
Bolyston Creek resident Gerry Hunsicker is glad the bill is moving through the legislature. Still, he wants to help other "victims" across
the state who unwittingly have been affected after their waterways were reclassified without their knowledge.
Brown Mill Creek resident and landowner Robin Crowe is one of them. He had owned land in Rosman for many years when he decided
to clean out the silt choking the waterway that ran through his land. He said repairs were needed because a landfill located upstream
produced muddy waters that settled on his lowland property.
While working to solve the problem, however, Crowe received a call from the N.C. Department of Environment and Natural Resources

office in Asheville and was informed he had violated the conditions of the Class C Trout waters and was threatened with a fine of up to
$50,000. The only problem was, this lifelong resident of the area was never informed the water running through his property was
reclassified.
"They didn't ask us," he said. "There was no public meeting, no vote. They just did what they wanted to do and that was that. I didn't
know the law. No one told me anything until they came after me."
Although Crowe didn't have to pay a fine, he spent $7,000 out of his own pocket to restore the banks of the stream to DENR's
specifications.
Mills River Mayor Roger Snider said the general suspicion comes as no surprise after government agencies were secretive in the
reclassification process. "They were almost two years into the study of the creek when I happened to find out about it," Snider said. "No
one called me. They should have."
Besides the distrust of all the government agencies involved, Hunsicker believes there are hidden agendas for naming trout streams
across the state. This came after he read an article in the March 2004 edition of Wildlife in North Carolina magazine stating the N.C.
Wildlife Commission was looking to acquire corridors and easements for trout fishermen throughout the state at little cost to the agency.
"One million people come to North Carolina to fish each year," he said. "There are big lobbies out there that are trying to get the land
open. They don't have to buy the property to take total control of it through the Class C Trout Classification."
Susan Massengale, a spokeswoman for DENR, said there are 1,153 Class C Trout Waters throughout the state. The first designation
was made in 1957.
Massengale said that although fishing is permissible in Class C Trout streams, the classification does not allow trespassing or the
provision for access to streams on either public or private lands. "Nor does it regulate fishing activities, including seasons, size limits,
creel limits and bait and lure restrictions," she said. "That is handled by the N.C. Wildlife Resources [Commission]."
Hunsicker said that means it's still at the discretion of a government agency, which ultimately might allow fisherman to use the 25-foot
buffer zone to enter someone's property to fish. Snider agreed, saying most fishermen won't wait for permission to use the buffer zone
to fish on private property.
"All of these trout streams are published in books, magazines, and online," he said. "It is a concern. The advertisement of this being a
trout. stream will induce others to trespass. They will have fishermen walking up and down private property without asking permission."
Karen Welsh is a contributor to Carolina Journal.
Susan Massengale
Public Information Officer
DENR- Division of Water Quality
1617 MSC, Raleigh, NC 27699-1617
[phone]; fax [phone]
Please note: my e-mail address has changed to [e-mail]
E-mail correspondence to and fi om this address may be subjecl to the
North Carolina Public Recorcls Law and may be disclosed to third parlies.

Incident Report
Report Number: 201002204
Incident Type: Complaint
Category: Surface Water
Incident Started: 07/30/2010
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name.
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Lambs Crk
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name:
Company Name:
Address:
City/State/Zip:
Phone:
Pager/Mobile Phone: /
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
7)
it
Y+-
Report Created 07/30/10 11:55 AM �/ Page I

Cause/Observation:
Lambs Crk running turbid. Possibly from Camp Carolina Horse
pasture?
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Directions:
Turn Right on Lambs Crk road (dirt road).
Comments:
Event Type Event Date
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2010-07-30 11:53:44
Incident Start 2010-07-30 11:00:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted
Due Date
Unknown
Comment
Report Created 07/30/10 11:55 AM Page 2

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Incident Report
Report Number: 200900922
Incident Type: Complaint
Category: Surface Water
Incident Started: 04/01/2006
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name: James
Middle Name:
Last Name: Crockett
Address
City/State/Zip:
Phone: [phone]
Material Category: Estimated Qty: UOM
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone:
/
Reported By:
First/Mid/Last Name:
Merrill
Whitener
Company Name:
Address:
1 Macmahon Ln
City/State/Zip:
Penrose NC
28766
Phone:
[phone]
Pager/Mobile Phone:
/
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: eggs ven Drive
Address: Moosehaven Dr
QP�e�nrose
City/State/ZipNC 28766
/3,
Report Created 04/02/09 03:06 PM Page 1

0
Cause/Observation:
Road scraping filling creek art culvert and stream is bypassing
out of channel.
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Directions:
280 to Pisgah forest light turn LEFT to Penrose RIGHT on Crab Creek
RIGHT Island Cove Road First house on RIGHT wrap around porch and
angel.
Fo,ON /�(Ac!►�tac� r�!
Comments:
Event Type Event Date
Incident closed
Requested Additional Information
Referred to Regional Office - Primary Contact
Report Received 2009-04-02 04:00:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 04/02/09 03:06 PM Page 2

tered
art
Standard Agencies Notified:
Agency Name
Other Agencies Notified:
2009-04-02 03:56:03
2006-04-01 08:00:00
Phone First Name M.I. Last Name Contact Date
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
Phone:
DatelTime: 2009-04-02 04:00:00 PM 2009-04-02 03:56:03 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 04/02/09 03:06 PM
Page 3

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Transylvania County, NC — Printable Map
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DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is
believed to be accurate but accuracy is not guaranteed,
Parcels
Pin: 9515-98-9956-000
Owner:
NICHOLSON DAGMAR A
PO BOX 417
PENROSE,NC 28766
Sale Date: 0
Sale Price: $0
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at point 920004,558938
Map Grid:
Tile Name: 952501
K:= '37% Anderson & Associates, Inc.
http://arcims.webgis.net/nc/transylvania/printable2. asp
Zoning:
Land Value: $30,000
Bldg Value: $165,330
Year Built: 2008
XFOB Value: $440
Assessed Value: $195,770
Legal Address: STATE ROAD 1532
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Transylvania County, NC -- Printable Map
Page 1 of 2
Transylvania County, NC
Parcels
Pin: 9515-99 7080-000
Owner:
WHITENER B MERRIL_L & DORIS C
1 MCMAHON LN
PENROSE,NC 0
Sale Date: 0
Sale Price: 0
Acres: 1.50702657195
Township: 9
Deed Book:
Deed Page: 0
Sale Inst:
Sale Imp:
Zoning:
Land Value: $32,000
Bldg Value: $99,620
Year Built: 1958
XFOB Value:. $0
Assessed Value: $131,620
Legal Address: OFF SR # 1532
Other Attributes
at'point'919480, 558882
Zoning:
http: //arcims.webgis.net/ncltransylvanialprintable. asp?process=id&x2=919479. 869723 024... 4/28/2009

Transylvania County, NC -- Printable Map
Page 2 of 2
None
Map Grid:
Tile Name: 951502
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal
description". Map information is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims. webgis.net/nc/transylvanialprintable. asp?process=id&x2=919479. 869723 024... 4/28/2009

i u,
NCDENK
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
July 16, 2009
Moose Haven Subdivision
Mark Ambrose
PO Box 119
Penrose, NC 28766
Division of Water Quality
Coleen H. Sullins
Director
SUBJECT: Loss of Best Use -NC DWQ Stream Standard
Moose Haven Subdivision
Transylvania County
Dear Mr. Ambrose:
Dee Freeman
Secretary
The Division of Water Quality received a complaint of a dry stream channel. A site visit was
conducted on April 14, 2009, The stream channel is dry due to a clogged/damaged culvert under
the road, which serves as access for Moose Haven Subdivision. This culvert is in place to carry
the streamflow from one side of the road to the other so the streamflow remains in its natural
channel. Because the culvert is clogged/damaged the streamflow has left its natural channel and is
now flowing in a roadside ditch along the subdivision access road. The removal of flow to the
natural channel is a violation of 15A NCAC 02B .0211 (2), Removal of Best Use; The waters shall
be suitable for aquatic life propagation and maintenance of biological integrity, wildlife,
secondary recreation, and agriculture; sources of water pollution which preclude any of these uses
on either a short-term or long-term basis shall be considered to be violating a water quality
standard. It is required that the residents (or responsible parties) of Moose Haven Subdivision put
the flow back into its natural stream channel.
Please respond to me within thirty (30) days of this letter confirming what actions have been taken
to put the stream flow back into it natural channel.
Sincerely,
Linda Wiggs
Environmental Specialist
Surface Water Protection
-R,Q File Copy
SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Nb hCarolina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 Naturally
Internet: www.ncwaterquality.org
An Equal Opportunity+Affirmative Action Employer

('
��U1I q
Wiggs, Linda
From: Wiggs, Linda
Sent: Tuesday, June 29, 2010 4:04 PM
To: [e-mail]
Cc: Harrison, Troy; Aja, Deborah; Allen, Spring; Burch, Brent; Edwards, Roger
Subject: FY10-75113-3708-CV
Araceli,
Regarding a recent complaint about the Glen Cannon Country Club in Pisgah Forest NC, a joint
site visit took place on June 25, 2010 by NC Division of Water Quality, and NC Division of
Waste Management (Solid Waste and Hazardous Waste personnel). I am responding with regard to
Division of Water Quality findings.
The complaint stated the following:
dumping and burial of mass quantities of unused chemicals at brush pile adjacent to the
thirteenth tee box in
wooded area. with runoff into creek or water source.
No chemical dumping was noted. The area observed did not reveal materials that would
adversely impact nearby waterways or warrant further action at this time from Division of
Water Quality.
Solid Waste and Hazardous Waste can inform you of their finding as it relates to their laws.
Thank you, Linda
-----Original Message -----
From: [e-mail] [mailto:[e-mail]]
Sent: Thursday, June 24, 2010 8:27 AM
To: Edwards, Roger
Cc: [e-mail]
Subject: Fw: (RCRA/Solid Waste - FY10-75113-3708-CV) Referred to Region - North Carolina
Roger,
I am forwarding you the complaint below for follow-up. If you could let
me know the outcome of your investigation into the complaint, I would
greatly appreciate it.
Thank you,
Araceli Bonilla
Environmental Engineer
East NPDES Enforcement Section
Clean Water Enforcement Branch
US EPA Region 4
61 Forsyth St.
Atlanta, GA 30303
tel. [phone]
fax [phone]
email: bonilla.araceli(@eoa.eov
'CONFIDENTIALITY NOTICE'
This message is intended exclusively for the individual(s) or entity(s)
to which it is addressed. This communication may contain information
that is proprietary, privileged, or confidential or otherwise legally
1

exempt from disclosure. If you are not the named addressee, you are not
authorized to read, print, retain, copy, or disseminate this message or
any part of it. If you have received this message in error, please
notify the sender immediately by email or delete all copies of this
message.
----- Forwarded by Araceli Bonilla/R4/USEPA/US on 06/24/2010 08:26 AM
From: Serdar Ertep/R4/USEPA/US@EPA
To: Nancy McKee/R4/USEPA/US@EPA
Cc: Araceli
Bonilla/R4/USEPA/US@EPA
Date: 06/23/2010 03:34
PM
Subject: FWD: (RCRA/Solid Waste - FY10-75113-3708-CV) Referred to Region - North
Carolina
06/23/2010
SUBJECT: FWD: (RCRA/Solid Waste - FY10-75113-3708-CV) Referred to Region - North
Carolina
FROM:
[e-mail]
TO:
[e-mail]
CC:
[e-mail]
z

Wiggs, Linda
From: Edwards, Roger
Sent: Thursday, June 24, 2010 9:59 AM
To: Wiggs, Linda; Burch, Brent; Aja, Deborah
Cc: [e-mail]
Subject: FW: (RCRA/Solid Waste - FY10-75113-3708-CV) Referred to Region - North Carolina
Linda,
This compliant indicates stormwater is flowing to surface waters resulting in impacts by this
dumping. Please work with Deborah Aja(solid waste) and Brent Burch (Haz. Waste) on this
complaint. There agencies may have regulations that are applicable to the complaint. Please
remember we have a 10 day response time back to EPA.
Thanks,
Roger Edwards - [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]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and therefore may be disclosed to third parties.
-----Original Message -----
From: [e-mail] [mailto:[e-mail]]
Sent: Thursday, June 24, 2010 8:27 AM
To: Edwards, Roger
Cc: [e-mail]
Subject: Fw: (RCRA/Solid Waste - FY10-75113-3708-CV) Referred to Region - North Carolina
Roger,
I am forwarding you the complaint below for follow-up. If you could let
me know the outcome of your investigation into the complaint, I would
greatly appreciate it.
Thank you,
Araceli Bonilla
Environmental Engineer
East NPDES Enforcement Section
Clean Water Enforcement Branch
US EPA Region 4
61 Forsyth St..
Atlanta, GA 30303
tel. [phone]
fax [phone]
email: [e-mail]
'CONFIDENTIALITY NOTICE'
1

This message is intended exclusively for the individual(s) or entity(s)
to which it is addressed. This communication may contain information
that is proprietary, privileged, or confidential or otherwise legally
exempt from disclosure. If you are not the named addressee, you are not
authorized to read, print, retain, copy, or disseminate this message or
any part of it. If you have received this message in error, please
notify the sender immediately by email or delete all copies of this
message.
----- Forwarded by Araceli Bonilla/R4/USEPA/US on 06/24/2010 08:26 AM
From: Serdar Ertep/R4/USEPA/US@EPA
To: Nancy McKee/R4/USEPA/US@EPA
Cc: Araceli Bonilla/R4/USEPA/US@EPA
Date: 06/23/2010 03:34 PM
Subject: FWD: (RCRA/Solid Waste - FY10-75113-3708-CV) Referred to Region - North
Carolina
06/23/2010
SUBJECT: FWD: (RCRA/Solid Waste - FY10-75113-3708-CV) Referred to Region - North Carolina
FROM: [e-mail]
TO: [e-mail]
CC: [e-mail]
Please use your discretion regarding the appropriate follow up and send me an email within
30 days of the complaint date
6/16//2010 stating the action taken. Thanks, Serdar
-----Original Message-----
6/16/2010 9:49 AM
HQ LEAD NUMBER: FY10-75113-3708-CV
SUBJECT: Referred to Region - North Carolina
FROM: [e-mail]
TO:
rJ

Name: robert ruffner
Address: 3616 wilson road
City: pisgah forest
State: North Carolina
Zip: 28768
Phone: [phone]
Alleged Violator's Name: marvin holland
Alleged Violator's Address: 337 glen cannon dr.
Alleged Violator's City: pisgah forest
Alleged Violator's State: North Carolina
Alleged Violator's Zip: 28768
Tip or Complaint: dumping and burial of mass quantities of unused chemicals at brush pile
adjacent to the thirteenth tee box in
wooded area. with runoff into creek or water source.myself and jason davis were instructed
to dump these materials by maintenance
superentendent marvin holland.we were informed that that this practice has been going on for
years.marvin stated we should not
tell anyone about this activity. also the chemical logs were falsified as to how chemicals
were used on the golf coarse.
Specific Directions: glen cannon country club 337 glen cannon dr. pisgah forest nc 28768.
go to tee box number. 13,follow cart
path approx. 120 yards. on the left of cart path there is a wooded area with a brush pile,
and on the backside of pile dumping has
occured on many occassions. also asphalt has been dumped into the same water source from the
number twelve side of the woodline.
Violation Still Occurring? Yes
State DEP/DEQ/DEM Notified? No
3

Incident Report
Report Number: 201001596
incident Type: Complaint
Category: Surface Water
Incident Started: 05/04/2010
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:.
First/Mid/Last Name: Jeff Parker Trans
Company Name:
Address:
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: /
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: GW whitmire Johnny powell rd
Address:
City/State/Zip
Reportable City. lbs. Reportable Qty. kgs.
Report Created 05/04/10 10:35 AM Page I

Cause/Observation:
sediment getting to stream from land disturbance. Old borrow pit.
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type
Report Received
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Directions:
Comments:
reffered to DLR 5/4 in email. Will wait to for DLR findings.
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Date Due Date Comment
2010-05-04 10:34:58
2010-05-04 10:00:00
Report Created 05/04/10 10:35 AM Page 2

OfVN\41A7'�eR�
a
Incident Report
Report Number: 201001597
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 05/04/2010
Company Name:
County: Transylvania
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name: Loiuse Padgett
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone: [phone]
Address
Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS
Decimal Position Method:
Latitude:
Position Accuracy:
Longitude:
Position Datum:
Location of Incident: Lorenz property -Middle Frk Rd
Address:
City/State/Zip
Report Created 05/04/10 10:42 AM Page 1

Cause/Observation:
Log structure put in middle fork J
. � 1
Action Taken:
Incident Questions:
Directions:
hwy 178 to middle fork road on left, cross birdge driveway on right is Mr
Lorenz 966-9533
Comments:
Left message for Mr Lorenz to call me.
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Event Type
Report Received
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Event Date
2010-05-04 10:41:25
2010-05-04 10:30:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 05/04/10 10:42 AM Page 2

U�oF WATER Incident Report
Cause/Observation: Directions:
y r Caller stated that [he neighhor, Jimmy Lance (828-8624214) From %Woad take Hwy 64 to Rosman.
=1 had been installing a culvert en his property and the construction Take Hwy 178 (Pickens Hwy), take right at red light.
t was making the creek muddyy (no silt fence). This has been Go through second red light.
Report Number: 2OU`Q23y1 going on far some lime and he has also been busy doing other Go 2 miles on Pickens Hwy. and will see 2607 address.
projects on the property.
Incident Type; Complaint On -Site Contact: The creek is a UT to Middle Fork Creek (which goes to the
French Broad).
Category: Surface Water First/Mid/Last Name:
Caller stated that JeR Parker of the Health Dept.(828-884-3230)
Incident Startle 0(06/2009 told her to call us about the silt in the creek end also the suds
Company Name: she has seen in the creek. She stated Parkerwould checkon --7
the construction of the culvert. (I didn'tknow he was in charge of
County: Tranayivafda Phone: that type of incident.)
City: Pager/Mobile Phone:
Farm
Responsible Party: Action Taken: Comments;
Reported By:There are ti issues: J—�r�_-f�
Owner. First/Mid/Last Name: Jessica Bradley 1. Bradle 1/
installation ra culvert �-
2. silt in the stream l
Permit: Company Name: 3, suds in the stream
Facility: Address: 2607 Pickens Hwy
First Name:
Middle Name: City/Slale2ip: Rosman NC 28772 GFj ii / Vim✓ `_ �� "- (� /r ' •//(/
Last Name: Phone: D�•tiJ Jl AyIL. �i7�- J l'`�r••.�
Address PagerlMobile Phone: / [phone] (
"l (S SlN2.
City/Slale2ip: Incident Questions: �
Phone:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?
Material Category: Estimated Qty; UOM Chemical Name Reportable Qty. lbs. Reportable Qty. kgs. Did the Spill result in a Fish Kill? Unknown Estimated Number offish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
DD:MM:SS Decimal Position Method: Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: on property owned by Jimmy Lance
Address: Next To 2607 Pickens Hwy
CitylState/Zip Rosman NC 28772
Report Created 10/06/09 02:24 PM
Page I
Event Type Event Date Due Date
Referred to Regional Office - Primary Contact
Report Entered 2009-10-06 02:00:37
Report Created 10/06/09 02:24 PM
Comment
Page 2

Report Received 2009-10-06 01:32:00
Incident Start 2009-10-06 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:
Janet Cantwell Janet Cantwell
Phone:
Date/Time: 2009-10-06 01:32:00 PM 2009-10-06 02:00:37 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 10106/09 02:24 PM
Page 3

04A7' q�
Incident Report
o
T
3
� Y
-
Report Number.. 2Csg494
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
FirstfMidfLasl Name:
Incident Starte 11 421,2009,
Company Name:
County: Transytvania
Phone:
City:
Pager/Mobile Phone:
!
Farm #:
Responsible Party:
Reported By:
Owner.
Fimt/MidfLast Name:
Crarit Biaflard
Permit:
Company Name:
Facility:
Address:
Gwynn Valley Camp
First Name:
301 Gwynn My Trl
Middle Name:
City/State/Zip:
Brevard NC 28712
Last Name:
Phone:
[phone]
Address
Pager/Mobile Phone:
!
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name
Reportable Qty. Ibs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Latitude:
Position Accuracy:
Longitude: Position Datum:
Location of Incident: 177.0S-71eei
Address: 1-a0=v'Yth V.lyttrgs
City/Statelzip dBteevr"°ard, _ NCtt, 28712
Report Created 10112/09 05:09 PM Page 1
Cause/Observation
THERE ARE TWO SEPARATE ISSUES
(1) Caller, who awns Gwynn Camp, had noticed while hiking by
Carson Creek that an orange substance had appeared on the
rocks. The ureter itselfwas dear. He is wonied as to what it is.
Carson Creek runs through Gwynn Camp.
No dead fish were observed.
(2) Caller also is concemed about turbidity in Carson Creek
when the three lakes above his property discharge into Carson
Creek. The lakes are: Atagahi Lake, Ticoa, and Lake Taroga.
They discharge several times per year and they tum Carson
Creek into a "diluted milk color."
Directions:
From Brevard: go 276 S (� 4 12 miles.
Turnright on Is.
Fard Raad & go 1.4 miles
Tum left into Gwynn Camp and fallow driveway up to the office.
Action Taken: Comments'
I explained the orange color on the rocks was probably an iron Orson, �C�:cax�is�atlass 3, Tea:rtsteam.
eatng bacteria which is common in the streams. �' .' �._ ,
r Botiar would like to talk with someo-neWoutthe discharging lakes
above his property which cause turbidity in Carson Creek.
Mr. Bullard would like to discuss the regulations for discharging lakes.
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Conveyance:
Estimated Number offish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Type Event Date Due Date
Referred to Regional Office - Primary Contact
Report Entered 2009-10-12 04:49:52
Report Received 2009-10-12 03:32:00
Report Created 10/12/09 05:09 PM
Comment
Page 2

Incident Start 2009-10-12 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:
Janet Cantwell Janet Cantwell
Phone:
DateTme: 2009-10-12 03:32:00 PM 2009-10-12 04:49:52 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 10112/09 05:09 PM
Page 3

i
i
i
l�

V_
JarP,��
Incident Report
*DLUa
Report Number: 200901691
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 06/24/2009
Company Name:
County: Transylvania
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name: Mary Ellen Williams
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone: [phone]
Address
Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: Lake Toxaway Development-Trib to lake
Address:
City/State/Zip
Report Created 06/24/09 05:16 PM Page 1

"4N
Cause/Observation:
Creek is drying up, not receiving flow due to catch basins and
pond upstream at Porgers Property
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Directions:
64 to Lake TOxaway entrance, go left on fairway dr @ frk stay right.
Williams is #456, Porges #468
i
Ilk
Comments:
Event Type Event Date
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2009-06-24 05:13:02
Incident Start 2009-06-24 04:00:00
Conveyance:
Estimated Number offish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 06/24/09 05:16 PM Page 2

JA FT1ET S. PORG ES, P.A.
Ai-L-fornney at 1Latis
1205 Manatee Aenue West
Bradenton, FlloraJa 34205
Te.leplione: [phone]
{ Tcicfam, Q94i11➢ 749-0327 ' .
Also Arnittril to pr..Grm. in North CAmlinn
February13, 2006
Dr. and Mrs. Richard D. Schultz
41 Bay Colony Drive
Ft-. Lauderdale, FL" 33308
RC: Sedimentation issucs: 468 Fairway"Drivc
Dear- Dr. and Mrs. Schultz:
.My husband, Greg, and I own the above property .which is just downst.rcam.'and across" .
Fairway Driver from"the property you purchased from Ralph Morgan -in ,luly, 2004: We regret
we have no' ( met prior t0 this time'but xvc'a1 c not oftcil at the house ill the SLIill111Cr. ]do
understand that Angilee is a friend of my,dear childhood li-iend, Nancy Arnold 13arbcr.
l and writing in 1=egard to continuing sedimentation, issucs cnlanating fi-orll your properly."
Unfortunately, our property has received significalit and unremitting silt since the construction of
the road on your property beginning in late 2002, early 2003. This resulted, initially, in extensive
damage to our trout, -pond and property. Prior to the road, construction our j)ond was'so clear that'
it was, said that one could read `Titleist' on the golf balls -lolled into the pond. After- the road
construction the pond was so, milkv'with silt it. looked like coffee con lechc and all the trout died.
Although improved by the measures described below, it has never achieved its prior clarity.
We do not know whether -YOU are aware of these issues. Thus, the following is a history
of the.situation to date.
The creek, which guns along the north edge of the road through your.property has carried
the sedimentation from the'road and its edges since construction. " If is this creek that runs wider
the road, exits onto our property through a culvert and flows to our trout pond. The yolunle of
silt deposited was enormous prior to theroad being paved. The volume has abated somewhat,
although - the edges continue to;erode and the turbidity is enhanced by the sleep grade of the road;
such that the creek continuously deposits significant amounts of silt"and sediment on our
property..

Page Two.
Dr. and Mrs. Schultz.
February 9; 2006
We had.bcen in contact with Ralph Morgan regarding this issue from the outset. As a
�'• result of our concerils, and after Ilially attOnlits oil ollr part to have the problem adequately
addressed, we finally reached settlement in an atteinpl to mitigate lhe•damage caused by the
silting problems. On May 4, 2005 we signed an ag'recinciit releasing Mr. Morgan and. the Lake
Tox away, Company From further liability in exchange for payment of almost $34,000.00 - t.}le
cost of rcrilediation to (Hat point.. Last spring.Sno.w Creek Landscaping was engaged to drain
the pond; dredge toils ofsllt front Its bottom and sides; construct an extension to the existing.
earthen dam to contain tale resulting spoil; and Construct all extensive retention basil( and release
system along the border of our property which abuts that of Mary Ellen Williams. The basin and
release system is designed to reduce turbidity, capture sediment and prevent sediment from
running into the pond.
Prior to settlelilcnt, we had secured the services of Civil Design Concepts, P.A. of
Asheville to inspect the properly and propose solutions to the sedimentation problems. in his
recommendations of December 17, 2004, Mike L,ovoy;,P.E. stated [lie following:
"The property owner of the.ups•lrcanl development should install and rnaintaiil erosion
control measures that are in accordance with NCDENR Erosion and Sediment Control
Planning and Design Manual, and NCAC Title l 5A.Chaptcr 4. We would rcconlniend
that the sediment basins be designed and constructed such that the basins will have a
settling" efficiency of at least 80 percent forthe 40 micron,(.04mm) sire soil particle
transported into the basin by the runoff produced by the design storm. Provisions should
be made to control the turbidity Ill the storm Water runoff prior to leaving the site. The
design should meet the water quality requirements for turbidity and other parameters
specified in 15A N.CAC 0213.021 1."
This recornmendation was in conjunction with construction of the"retention basin system.
It was Mr. Lovoy's recommendatiolis which we followed in the restoration project on our
property
We were hoperul that the catch basin and release systems constructed on our property
would totally, recti fy [lie problem along with the larger erosion control measures and road paying
which occurred on your property. Although the silt volume running'into our trout pond has been
Mitigated due to the catch basins installed on our property, ongoing problems persist. We must
pay our caretaker $25.00 each time he, flushes the system which, because of the continuing
significant amounts of sediment deposition, is necessitated Iweekly or biweekly. _ In •addition; the
Pushed sediment has been accumulating in large amounts on Mary Ellen's property and ours,
obstructing creek flow and obscuring the stone -lined creek beds. During periods of heavier rain,
before the system can be fluslied,-so much sill accumulates in the basins that they overflow,
depositing silt, again, in the pond, in the creek and alongside both the properties. This
continuing degradation' of the pond.threats to kill, once more, the trout; grass carp and other and

Page Three.
Dr. and Mrs. Schultz-. _
February 9, 2006 _
life.. which we so cnj0y. .
Greg.aild I are up at the house aboilt ever six weeks Oi' so. We have been`.moni.toring the
pfoblern consistently and it appears that; given the steep grade of the road, the turbidity is
unslaked and the erosion, urn`enlitting: Among othcr catiscs.of silt production, ,there remains,a
deepening erosion of the paved road hcd itself about 2/3-of the way to the top approx,imately4' x .
-6' in surface size.and"at least 2' deep which results in cOl7tinuous.silting to our shared creek._ The' ,
th'Ought ofany furiher.'construction on',your property is daunting, given Our Caperience oCiIC post
`three plus years.
We have exhausted all mea►is.of dealing with the continuing sedinienlalion probleiwon
Our property. 'We have been advised -by local Counsel and out' engineer's that NorthSCarolina law
mandates that upstream' property owners retain responsibility for damage.duc tq sedimentation to .
downstream owners. Given the research we have undertaken and the lllf0l-rn- 'oil we have been
provi�ded we believe the.only resolution is construction o,Fa retention basin/pondon°your
property -sufficient -to provide control or tile silt. and scclinlcnl (lowing f-' your property.and
aCCI'Ulllg on,Our property and that of Mary Ellett wilha171S. Any i'6171Cdy7S110U1d; of CottrSC, .
comply with NCDENR standards as noted by. )lair. Lovoy.
We are writing to ask, y011t' aSSistancc In finding an answer to tills Ongoing problem. We r
arc open to -discussion regarding solutions and would welcome hearing of any additional
recommend an engineering firlll you might engage. We can"be reached at the above .
address and phone number oi-at our home phone [phone]) or by c-mail, at
Istod>?cllPta?aol.com or j c%. hktllgw.conl.,1n-addition, should you wish to sleet us at.Our
property at a,rriutually convenient tinle;.we would be llios( willing to do so.,
We regret we. nitist `meet' udder these circutllstanccs but .l am certain you understand our `
dilemma. ' Thank you for your'attention to this matter and we look forward to hearing rroni -yott.
it 1ely o s
Sice ryttr
cc: Mary,Ellen Williams

C�
Incident Report
Report Number: 200901969
Incident Type: Complaint
Category: Surface Water -
Incident Started: 08/03/2009
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name. -
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone:
/
Reported By:
First/Mid/Last Name:
Rebecca Gell
Company Name:
Address:
207 Meadowlark Ln
City/State/Zip:
Sapphire NC 28774
Phone:
[phone]
Pager/Mobile Phone:
/
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: off 207 Meadowlark Lane, Bearwallow community park
Address: 207 Meadowlark Ln
City/State/Zip Sapphire NC 28774
Report Created 08/03/09 05:15 PM I Page 1

Cause/Observation:
upstream neighbor is damming creek, digging in embankment
and creating flow/sediment problems
Action Taken__ _------------- -.
She's going to e-mail me pits - I'll pass them along. She'll also
find out accused neighbors address.
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name? Bear Wallow Creek
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Directions:
64 to Sapphire, from 281 south, left on Meadowlark Lane, 207
Meadowlark lane is her address (but damage at Bear Wallow community
park?) apparently damage is not so much on her property, but at the
community park. Ms. Gell was unsure who to contact re. park property.
Comments:
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Type
Event Date Due Date
Report Entered
2009-08-03 05:10:11
Referred to Regional Office - Primary Contact
2009-08-03 05:05:00
Incident Start
2009-08-03 05:00.-00
Report Received
2009-08-03 05:00:00
Report Created 08/03/09 05:15 PM
Comment
Page 2

Standard Agencies Notified:
Agency Name
Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Susan A Wilson Susan A Wilson Linda S Wiggs
Phone:
Date/Time: 2009-08-03 05:00:00 PM 2009-08-03 05:10:11 PM 2009-08-03 05:05:00 PM
Referred Via: Phone Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 08/03/09 05:15 PM Page 3

Incident Report
o�oFwnr�9o�
p Y
Report Numb..5O9�4f2434
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started, 10Z09f2009
Company Name:
County: Trssyd, raaja
Phone:
City:
Pager/Mobile Phone: !
Farm #:
Responsible Party:
Reported By:
Owner.
First/Mid/Last Name:
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/Stale0p:
Last Name:
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: IIIIIEN 178F ON I/2miSe ua Iet3 befoz R.3-11
EM,Issa
Address: Yckens:F?'uy
City/StatelZip Rosman .G " _8,72
Report Created 10109/00 04:b8 PM
Page I
CauselObservation
Caller stated that someone has been digging in the creek and
taking out rocks in Middlefork Creek; he has 2 trackhoes and a
dozer in the creek. Property is owned by the Finkles.
Callerwants to know if they have a permit to do that.
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage lank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Directions:
Take Pickens H1 go 4 miles south of Rosman.
After crossing 2n bridge, is 1l2 mile on the left before the Red Line Inn.
Comments:
Conveyance:
Estimated Number offish?
(Above Ground or Under Ground)
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Jr
J
U
Event Type Event Date Due Date
Referred to Regional Office - Primary Contact
5
Report Entered 2009-10-09 04:06:42
Report Received 2009-10-09 03:49:00
Incident Start 2009-10-09 08:00:00
Report Created 10/09109 04:08 PM
n
Comment
Page 2

Standard Agencies Notified:
Agency Name Phone
Other Agencies Notified:
Agency Name Phone
DWQ Information:
Report Taken By:
Janet Cantwell
First Name M.I. Last Name Contact Date
First Name M.I. Last Name Contact Date
Report Entered By: Regional Contact:
Janet Cantwell
Phone:
Date/Time: 2009-10-09 03:49:00 PM 2009-10-09 04:06:42 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 10/09/09 04:08 PM Page 3

Incident Report
Report Number: 200901738
Incident Type: Complaint
Category: Surface Water
Incident Started: 07/01/2009
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
VIA�
�j
co
1, `_
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: Page Lemel
Company Name:
Address:
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: /
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Keystone Camp for Girls
680 Cashes Creek
Brevard NC 28712
clzsk-p_� I/
Report Created 07/01/09 11:44 AM Page I

Cause/Observation:
Creek running dark brown
Action Taken:
Incident Questions:
Directions:
call
Comments:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Event Type
Report Received
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Event Date
2009-07-01 11:40:31
2009-07-01 11:00:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 07/01/09 11:44 AM Page 2

Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Chuck Cranford Chuck Cranford
Phone:
Date/Time: 2009-07-01 11:40:31 AM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 07/01/09 11:44 AM Page 3

''PlA
Incident Report
C�
Report Number: 200901482
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 06/05/2009
Company Name:
County: Transylvania
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name:
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone:
Address
Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Chemical Name . Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
former French Broad Trailer Park site, Old hwy 64, Rosman
b lil
Rosman NC 28772
vq� Pv�'f
Report Created 06/05/09 05:00 PM Page 1

Cause/Observation:
Sediment running into culvert under old Hwy 64 through ditch to
French Broad River.
Action Taken:
Incident Questions:
Directions:
64W to Rosman, turn left take Old 64 to Rosman, site it on the right
before Rosman High School. Former trailer park has construction
ongoing. Sediment may be going across baseball field to French Broad
River
tj I iV'r\,�.� Cq..' I
Comments: C,q4
Did the the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Type
Event Date Due Date
Report Entered
2009-06-05 03:51:56
Incident Start
2009-06-05 02:30:00
Report Received
2009-06-05 02:30:00
Referred to Regional Office - Primary Contact
2009-06-05 02:30:00
Report Created 06/05/09 05:00 PM
Comment
Page 2

FF
9tndard Agencies Notified:
Agency Name
Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
. Report Taken By: Report Entered By: Regional Contact:
Susan A Wilson Susan A Wilson Linda S Wiggs
Phone:
Date/Time: 2009-06-05 02:30:00 PM 2009-06-05 03:51:56 PM 2009-06-05 02:30:00 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 06/05/09 05:00 PM Page 3

Figgs, Linda
From: Wait, Jeff
Sent: Thursday, June 11, 2009 4:48 PM
To: Wiggs, Linda; Riddle, Shawna
Subject: RE: trailer park rosman?
Hey Linda,
We do have a plan for this site and I inspected it on 6/9 and sediment is washing off site. It didn't appear that it was
reaching the river yet, but it is heading that direction through a drainage ditch. I discussed the problems with the
grading contractor and told him I would do a re -inspection on 6/24 and if corrective actions had not be taken by then I
would issue an NOV. I sent the inspection report to the owner saying the same thing. Let me know if you need anything
else.
Jeff
Jeff Wait - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Land Resources, Land Quality Section
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: Wiggs, Linda
Sent: Thursday, June 11, 2009 1:43 PM
To: Riddle, Shawna
Cc: Wait, Jeff
Subject: trailer park rosman?
Hey Girl,
I know you no longer have Trans Co, but may have been involved with this in the recent past. I have a complaint (6/5/09)
about the trailer park that is being expanded in Rosman. Basically the concern is they are losing'sediment via culvert to
French Brd Rvr. When I called Mike Thomas with Trans Co he said he believed this to be a permitted site with DLR and
you may have been out there recently?? Do I need to be involved with this or do you guys have this covered??
Thanks Linda
Linda Wiggs - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.

vFv
Incident Report
Report Number: 200902118
Incident Type: Complaint
Category: Surface Water
Incident Started: 08/24/2009
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Kim Miller Rd -Pond
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone:
Reported By:
First/Mid/Last Name: Bramley
Company Name:
Address:
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: /
Fisher
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Report Created 08/24/09 02:22 PM Page 1

Cause/Observation:
Pond is receiving sediment and turbidity from neighbors
driveway that is gullied out.
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Directions:
64 pass rosman to Right on Kim Miller rd, go up over mountain on
downside on right is ponds, barn. near #2436.
Comments:
Landowner Brandon Jones.
DLR notified.
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted
Event Type Event Date Due Date
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2009-08-24 02:21:36
Incident Start 2009-08-24 10:30:00
Unknown
Comment
Report Created 08/24/09 02:22 PM Page 2

pprof
2436 Kim Miller Rd Lake Toxaway, NC by MapQuest
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2436 Kim Miller Rd F4dit
Lake Toxaway, NC 28747-6779
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G:\WPDATA\DEMWQ\Yancey\Burnsville Collection System\Little Crabtree Creek.09.doc

I
From: Mccall, Ray
Sent: Wednesday, April 15, 2009 11:34 AM
To: 'buck4ever2001 @yahoo.com'
Cc: 'Roger Edwards'; 'Roy Davis'
Subject: RE: Dirty Water
Mr. Buckner we will get someone out to check out this problem. Can you relay me a telephone
number so I can contact you and discuss? Please feel free to call me at the number below.
Ray
Ray McCall - [e-mail]
North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division
of Environmental Health - Public Water Supply 2090 U.S. 70 Highway Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and therefore may be disclosed to third parties.
-----Original Message -----
From: Buckner David[mailto:[e-mail]]
Sent: Wednesday, April 15, 2009 10:01 AM
To: [e-mail]
Subject: Dirty Water
Hi, I live 67 Sam Fox Rd in Mars Hill N.C. and some body dont have a septic or its overflowin
up towards the end of road. and about twice a day the creek turns white and sometimes smells
of sewage. This creek was a nice clean creek but now its dead and have to stay on my children
to staty out of it. Its also in the weaverville water shed hate to be a tattle tail but we
all have live down stream. Not sure if you are the one to report this to. If not do you have
the agency I should report this to. Thanks D,Buckner
1

Subject: Re: Stream Complaint
From: Buckner David <buck4ever2001 @yahoo.com>
Date: Thu, 16 Apr 2009 10:29:22 -0700 (PDT)
To: Roy Davis <[e-mail]>
Take Future I-26 or 19/23 to Exit 9 the burnsville exit which puts you on hwy 19 go
about two miles and there will a feed store on your right and Sam fox rd will be on
your left. Its not a very big creek. Im trying to be secret about this and don't
want noboby to be mad at me that lives on my road. But I worry about my children
getting near the creek. Because the more you tell them to stay out the more they
want to play in the water. Thanks D.Buckner
--- On Thu, 4/16/09, Roy Davis <[e-mail]> wrote:
From: Roy Davis <[e-mail]>
Subject: Stream Complaint
To: [e-mail]
Date: Thursday, April 16, 2009, 8:17 AM
Mr. Buckner: Ray McCall forwarded your E-mail message to
Can you give me directions to Sam Fox Road so someone can
check the nearby creek. Thanks, Roy Davis
-- Roy Davis - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may
be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
1 of 1 4/16/2009 2:57 PM

Subject: FW: Dirty Water
From: "Mccall, Ray" <ray. mccall@ncdenr. gov>
Date: Fri, 17 Apr 2009 13:35:31 -0400
To: Roy Davis <[e-mail]>
Roy: Mr. Buckner's contact information.
Ray
Ray McCall - [e-mail]
North Carolina Dept. of Environment and Natural
Asheville Regional Office
Division of Environmental Health - Public Water
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Resources
Supply
Notice: E-mail correspondence to and from this address may be subject to the North
Carolina Public Records Law and therefore may be disclosed to third parties.
-----Original Message -----
From: Buckner David[mailto:[e-mail]]
Sent: Wednesday, April 15, 2009 6:24 PM
To: Mccall, Ray
Subject: RE: Dirty Water
Thanks for your reply, You Can contact me at my cell at [phone] or my home
phone at [phone]. Thanks D,Buckner
--- On Wed, 4/15/09, Mccall, Ray <[e-mail]> wrote:
From: Mccall, Ray <[e-mail]>
Subject.: RE: Dirty Water
To: "[e-mail]" <[e-mail]>
Cc: "Roger Edwards" <[e-mail]>, "Roy Davis"
<[e-mail]>
Date: Wednesday, April 15, 2009, 11:33 AM
Mr. Buckner we will get someone out to check out this
problem. Can you relay me a telephone number so I can
contact you and discuss? Please feel free to call me at the
number below.
Ray
Ray McCall - [e-mail]
North Carolina Dept. of Environment
Asheville Regional Office
Division of Environmental Health -
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
and Natural Resources
Public Water Supply
Notice: E-mail correspondence to and from this address may
be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
-----Original Message -----
From: Buckner David[mailto:[e-mail]]
Sent: Wednesday, April 15, 2009 10:01 AM
To: [e-mail]
Subject: Dirty Water
1 of 2 4/20/2009 8:09 AM

Hi, I live 67 Sam Fox Rd in Mars Hill N.C. and some body
dont have a septic or its overflowin up towards the end of
road. and about twice a day the creek turns white and
sometimes smells of sewage. This creek was a nice clean
creek but now its dead and have to stay on my children to
staty out of it. Its also in the weaverville water shed hate
to be a tattle tail but we all have live down stream. Not
sure if you are the one to report this to. If not do you
have the agency I should report this to. Thanks D,Buckner
2 of 2 4/20/2009 8:09 AM

PPV
'U,ra,�-�c
Incident Report
ReportNumber: 200801998
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 07/22/2008
Company Name:
County: Transylvania
Phone:
City:
Pager/Mobile Phone:
/
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name:
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone:
Address
Pager/Mobile Phone:
/
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name
Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Decimal Position Method:
Position Accuracy:
Position Datum:
2/3ds of the way between Old Rosman Highway and French Broad River
Report Created 02/11/09 04:53 PM
Page I

'NN
Cause/Observation: Directions:
stream blockage Old Rosman Highway to between Hnederson Greenhouse and Vitalie
Manufacturing
Action Taken: Comments:
had vitalie move sawdust piles 25 feet away from stream and come up
with a plan to deal with dust. This was not the cause of the blockage. The
stream is blocked for unknown reasons. It also stops at a small wetland.
The channel at the FrB is very incised and ends at the wetland feature
also. S&W applying for stream work on this area of FrB, requested they
include this stream channel in that plan and reconnect it to FrB.
Incident Questions:
Did the Material reach the Surface Water? Yes
Surface Water Name? FRENCH BROAD RIVER
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type
Requested Additional Information
Report Received
Referred to Regional Office - Primary Contact
Incident closed
Event Date
2009-02-11 12:00:00
Conveyance: Unnamed tributary
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 02/11/09 04:53 PM Page 2

PPV
Report Entered
Incident Start
Standard Agencies Notified:
Agency Name
2008-07-22 03:42:00
2008-07-22 03:32:00
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:
Kevin H Barnett Kevin H Barnett Linda S Wiggs
Phone:
Date/Time: 2008-07-22 03:42:00 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 02/11/09 04:53 PM Page 3

Incident Report
Report Number: 200801998
Incident Type: Complaint
Category: Surface Water
Incident Starte : 07/22/2008
County: ETransylvan�a
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name:
Company Name:
Address:
City/State/Zip:
Phone:
Pager/Mobile Phone: /
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: 2/3ds of the way between Old Rosman Highway and French Broad River
Address:
City/State/Zip
Report Created 07/23/08 01:48 PM
Page 1
rM

Cause/Observation:
stream blockage
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Yes
Surface Water Name? FRENCH BROAD RIVER
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Directions:
Old Rosman Highway to between Hnederson Greer
Manufacturing
Comments:
Conveyance: Unnamed tributary
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Type Event Date Due Date Comment
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2008-07-22 03:42:58
Incident Start 2008-07-22 03:32:00
Report Created 07/23/08 01:48 PM Page 2 ,

tified:
Other Agencies Notified:
Agency Name
Phone First Name M.I. Last Name Contact Date
Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By:
Kevin H Barnett Kevin H Barnett
Phone:
Date/Time: 2008-07-22 03:42:58 PM
Referred Via:
Did DWQ request.an additional written report?
If yes, What additional information is needed?
Report Created 07/23/08 01:48 PM
Regional Contact:
Page 3

County
n Creek in Transylvania County
as" <[e-mail]>
)08 14:32:53 -0400
To: <[e-mail]>
Kevin, this is a follow up on my phone call of last week. I would like to discuss a situation in a small creek in
Transylvania County. The creek is an unnamed tributary to the French Broad River and is' located just outside
the town limits of Rosman between Henderson Greenhouses and Vitalie Manufacturing. The creek has clogged
up about 2/3 of the way from the Old Rosman Highway to the FB River.
The material clogging the stream appears to be a combination of sediment and sawdust. The creek is spilling
into the adjacent fields and creating a wetlands in a previously dry field.
I was asked to by the County Manager to look into this after a complaint from the owner of the now wet field. We
would like to determine if there is any corrective action that would be appropriate or required in this situation.
Is there anytime in the future you might be in Transylvania County and could look at this situation with me (boots
and field clothes recommended due to the creek banks being overgrown) and advise me whether there is any
particular remedy I could pursue.
Thanks,
Mike Thomas
Planner - Transylvania County
828-884-3205
1 of 1 7/22/2008 3:02 PM

RE: Visit to Transylvania County
Subject: RE: Visit to Transylvania County
-�
Y tY
From: "Mike Thomas" <[e-mail]>
Date: Thu, 18 Sep 2008 15:21:35 -0400
To: "Linda Wiggs" <[e-mail]>
Linda,
Tues. 913:01-at-1:15-100 will work fine. My office is located in the
Community Services Building at the corner of Gaston and Morgan Streets
in Brevard. From the Asheville area come to the Courthouse in the heart
of Brevard at the corner of Main Street and Broad Street. Continue on
South Broad Street past the Courthouse. At the 2nd traffic signal past
the Courthouse turn left on Morgan Street. Go one block to a 4 way stop
intersection. The Community Services building is across the 4 way stop
on the right. My office is on the second floor at the opposite end from
the entrance.
See you next Tuesday.
Thanks,
Mike Thomas's
,-Blanner - Transylvania County
828-8"84=
-----Original Message -----
From: Linda Wiggs [mailto:[e-mail]]
Sent: Thursday, September 18, 2008 11:44 AM
To: Mike Thomas
Subject: Re: Visit to Transylvania County
Mike,
How about Tues 9/30 at 11:00? Would you like me to come to your
office? If so, I will need directions.
Linda
Mike Thomas wrote:
Linda, Tuesday 9/30 would work for me. I have an 8am appointment but am
available anytime after 10. Let me know a time loam or after that will
work for you.
Thanks,
Mike Thomas
Planner - Transylvania County
828-884-3205
-----Original Message -----
From: Linda Wiggs [mailto:[e-mail]]
Sent: Wednesday, September 17, 2008 2:55 PM
To: Mike Thomas
Subject: Re: Visit to Transylvania County
Sorry about that, yes I meant Fri 9/26. I could do the following Tues
9/30, are you available that day?
Mike Thomas wrote:
Linda, Do you mean -Friday 9/26? I am in Raleigh next Wed. - Fri.
Would sometime the following Monday through Thursday (9/29 - 10/2) be
1 'of 3 9/29/2008 2:10 PM

RE: Visit to Transylvania County
possible?
Thanks,
Mike Thomas
Planner - Transylvania County
828-884-3205
-----Original Message -----
From: Linda Wiggs [mailto:[e-mail]
Sent: Wednesday, September 17, 2008 12:49 PM
To: Mike Thomas
Subject: Re: Visit to Transylvania County
Hi Mike,
I am in training all week, but next week looks better. Perhaps next
Friday (9/16) would work, are you available?
Linda
Mike Thomas wrote:
I*Linda, as a follow up to our phone conversation on Sept. 3, how does I
your schedule look now for a visit to Transylvania County? I would
like to schedule a get together to look at the creek between Vitalie
and Henderson Greenhouses.*
* *
*Thanks, *
* *
*Mike Thomas*
*Planner - Transylvania County*
*828-884-3205*
* *
Linda Wiggs - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
2 of 3 9/29/2008 2:10 PM'

" C-
1p '19

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
October XX, 2008
Mr. Robert Sisserson
211 Tellico Trail
Brevard, North Carolina 28712
Subject: Sanitary Sewer Overflows
Connestee Falls
Permit No. WQCS00219
Wastewater Collection System
Transylvania County
Dear Mr. Sisserson:
This is in response to your September 3, 2008 e-mail to Roy Davis of our Asheville
Regional Office in which you express concern about the Sanitary Sewer Overflows
(SSOs) that have occured at Connestee Falls.
Section II
relating to Infiltration/Inflow (I & 1) 1 is only completed when the SSO being reported is
the result of I & I. None of the SSOs reported by Transylvania Utilities since 2005 were
the result of I & I. A review of five-day reports submitted by Transylvania Utilities for
that time period indicates that the appropriate portion of Part II was completed in each
instance.
In accordance with your request, I am sending you copies of the Public Notices printed
by the Transylvania Times in response to the SSOs occurring at Connestee Falls on
May 24, 2005 and March 28, 2008. *, r
The Division of Water Quality does not require that copies of pump station i4 peetiom
logs be submitted. Staff notes from the January 3, 2008 collection system inspection at
Connestee Falls indicate that pump station floats are inspected monthly. Monthly float
inspections are considered satisfactory.
Mailing Address Phone [phone] Location NOo�thCazo]
1617 Mail Service Center Fax [phone] N. Salisbury St. QtCarol i
Raleigh, NC 27699-1617 Raleigh, NC 27604
a
Internet: www.ncwaterouality.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

JAMES & JAMES ENVIRONMENTAL MANAGEMENT
PO BOX 1354
MOUNTAIN28758
i w 1 1 w
Attention:E7clr, ^` Date:�/fX.�r►'l�
;*� NUMBER OF PAGES
company: P+�► O �U�rl� INCLUDING COVER;
Fax Number:. ,2.q 4 - 70#-j
Voice Number: 17 "60
From:
Company: JAMES & JAMES ENV. MGT, INC
Fax Number: 828-697-0065
Voice Number: 828-697-0063
Subject:
EFloR
CEovE
NOV 14 2008
1, L��
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
It V<e.PO r-#
TOO18 SRQVPN2RIVH 9CL6969999 XVA OT:LT 900Z/CT/TT

1L/J.3/200B .1.2 , 13' FAX r.�286970065
lul NOU
I, III h & JAM..H.6 ENV,
4 2008 1
0002/00ri
Farm CS -SSG)
aelivctipll Symtem Sanitary Sewer overflow Reportiru,� Form
WATER QUALITY SECTION
w ASH���ILLE REGIONAL OFF_.-C —I
PART
,mis farm shall be subrr ided to the pWpf+ ate. DWCI RAgic nai Office W t n five -goys of the first knowledge of
the sanitary sewwer twerflowlsso).
Permit Number: _ (WCICS,# If active, othertylse use tra&tmpnt plant NCAVQ#)
Source of SSO (check applicable) : 0 Sanitary Mower pump Station
SPECIFIC bacation of tho ;+.$b (boa consistent In deserlption from pt�st Imports or dUCU
Mfsrihole at We5tal) & 9raFlfl Str>btet, etc , Z S o !L'e+,
Latitude (da<jtt>sAglrra#nutQ1_second): �.««. M.. w
incident Started M. a09 11Ma --Q%11..s,a
imm-dd.-yyyy) rth:mm AMIPM
Estia'nated volume of the SSO. �� 0C90 I gallons
Incident # --- -----� --.� - --� -. �-e
+zc [om. 1 W....
County: 1'_„____�„
Frump Stntlon 6,
I.,ongItude(degreealminute/seaond); -----=.......•�, - --- ,
Incident End pt;,, I I %�' Tlrrle;_.`
(min-rid-yyyy) hh:mm MPM
Estimated Duration (Round to nearest hour).- t '.'
Describe hQw tho volume was determined: -�-- ` 'fuC A Jo_h �,�fs *,Cd&4s„_ s f , lwr 15r 0^4
Weather conditions during $SO ev • h 4e Yry `/
Did Ye ON o Unkntwi n volume reaching surface waters (gallons):
Surfoce water name: `
Old the SSO result In a fish kill? C3 Yes 11 �n If Yet; what is Te gg heated nurnbar of ilea Q>ed?
�SJ�nS dF� Ay oo.^ Fad .,1 drool( c,-aak � ek so W�s era✓o�
SPCCIFIC cause Q of the $SO: a,�t
Severe Natural Condkimn Csrease� Roots
Inflow and Inrtt mtlon Pump Station Equipment Failure Power outage
Vandalism C*brN in line CJ Other (Pk)aso axplain In Pleat II)
Immodiate 24-hour verbal notification reported to:
fO DWO F= Emergency Mgmt,
Data (Irtm-ad-yyyy);
Time (hh:Mm AM/PM): ) L3%=tri
If an SSO is ongoing, please notify Regional Office on a daily basis until S130 can be stop pad
Per G.S.1 43-216,1 C(b), the responsible pparty of a discharge of 1,000 gallons or more of untreated WaStOdater to surface
waters shall issue a Mire! wk4tin 8-hours of first knowledge to all print and eiectronk: news media providing general
coverage In the county w ere t e discharge occurred, when 18,000 gallons or more of untreated wastewater enters surface
waters, a public" notice shall be published within 10 drays and proof of publication shall be provided to the Division within 30 days,
Refer to the refereneW wrote for further detail,
The Dlrectat, Diviskm of water QuaAt)►, may take anrcxt<ement action for SSOs, that are rRguirereclulred to be rQQprteti to 171vision unless it
1) tho dlsch>atga was caused by severe natural condttlomi sled there were no feasible atbernatives to the discharga; or
2) the discharge was exc;Wlonal, unintentional, temporary and caused by factors beyond the reasonable contmT of tha Pormlttee
and/or owner, and the discharge could not hava been pravonWd lly the oxemise of reasonable control.
Patt 11 must be emmpkmd to provide a Ju tifkct{on claim for eater of the above s#tuatiorss. This Information will be the basis
for the a featertoinatkln of Orly enforcement action. Therefore, it Is Imponant to be as oomplete as possible,
WHETHER OR NOT PAW It IS COMPLETED, A SIGNATURE IS k5QUIREa AT THE END OF THIS FORM.
cs-sto Form October g, 2W3 Page 1
zoo In saNvrAziuv I 9CL69699Z9 YU OT : LT 900Z/CT/TT

11/t3/20o8 12:14 FAX [phone] ,TAMES & JAMES ENV. �^i�j068/Uou
Heys edi amti"I mails about grease bean dPstt bAad In the past? DYX Nm NA DNS
When?
and to whom?
Explain?'
If the SSO occurred at a pump OSdon, when was the wet wel and pumps last checked Car grease ? 1
ecemulatlon?
Were the fioeas dean?
Comments -
Do you have on acdn root contra! program?
BY NaONACINE
DYNoDNADNE
Have ciean4tg and inspections ever been Increased at this ftadrn'1 because of roots? Y No NA Nt
explain: .
WhA =rQ Wvs mlons have been accomplished at the SSO location (and surreunding system it
associated with the SSQ)?
�il�✓tl I�r—i ,i i i I I win r � � r—�___ ,.... ...Iw..��
What Corrective adns are planned at tha SSA bCoWn to redrloa rnnt ftusion7
Has the Mne bedn Sfi'iLiM WSW ar viftned within the pest per? Y No NA NE
If Yes, when?
CQrrunerlts:
I wll Y q sue. 1, r'
Inflow gnd 1111#Ifxt33i®rt
Are.yau dander en SOC (Spe lai Order by CortseM or do you have a sChadute in any permit that Mo4krioOmADme
addresses th?
CS' SSO Form October 9, 2W8 Page 3
C00ln Saxvfl uuvH 9CL69698Z9 YVA TT:LT 9009/CT/TT

11/13/2008 12:1.5 FAX [phone] JAMES & JAKES ENV. C�1j00A/005
Explain if Yes:
What cweative actions have been taken to reduce or shminsato i do I related overflows at this spilt location
within the last yea
WtQ n S e) rp . i n nr6 4 v es 5 T71 ro j Per n I 1 m �7 C d�a�9i tin Qi � Y ► i1 Q 1�i! ]/i li P V � ieC� Q.
Has dwe bean any flow studias to deterfithe UI problems In the collection syg erri at the SSO location? vYeA4 No
if Yes, when was the study compioed and what actions till It rommrnend?
Has the Ins been smoke tested or videosd within the past year? Ye Nn NA NF
If Yes, when and Indicam what salons are necessary and the status of such actions:
Ate tt M NI related protects in yaur Capital tlnprovement Alan? 12YONZELTAIDNE
If Yes. explain:
Have there been any grant or loan application for UI raductlen pmjam? MOM No[]; NE
If Yes, expW ne
Do you suspoct any major snurcx* at irlllaw or cross connections with Morro sewers? OYO Na 0 NA M Nip
if Yes, explain:
Have all Ones vontecttng � 1rfa,ce waters li the SSO ktcatlon and upstream teen Inspected recently? Ye NO NA NE
If Yes, axpldln:
what other 4ortacdva actions are planned Ib prevent future In related SSOs at this location? (' 14 n -)r, -ko
C.r-
commanla: fis (�T'sSternr s kn � "e.tdJ 61,e_ -tat - WVm rlohe- _TL) rnI"i4 iV"q4
YbnyAeh( 1roal"4 cllAV- 4b heiWYr i d-ou &firi%,,h 4 1,01,-4m rmPd-u6 {�rat,a heir &P"ea &4+sxuL
What kind at noftationfMarm systems are present?
Auto-dIOWAA ematry (one-way commcrnicaWo)
.J"e&.
Dye,
G97SSO Form 4cflaber 9, 2f103 Page 4
b00ln SaXVrAHHVH 8EL6969M %V,d TT:LT 8009/ET/TT

11/13/2008 17:11 FAX [phone] HARRYJA➢fES
Ia 005
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u0000 .. 'ANA S'l-IM71' V 9:-Ilk l' a90046UHI? \'1!-1 S I 'r'. I 9007./ V I / I I

Incident Report
Report Number: 200802714
Incident Type: Complaint
Category: Surface Water
Incident Started: 09/24/2008
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone:
/
Reported By:
First/Mid/Last Name:
Steve
Company Name:
Address:
City/State/Zip:
Phone:
[phone]
Pager/Mobile Phone:
/
Chemical Name
Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Location of Incident: Golden Road off of Silverstein Road
Address:
City/State/Zip
i
Rosman 1 ' !
Report Created 09/24/08 09:48 AM Page 1

Cause/Observation:
Developer clearing brush and grading stream bank.
Action Taken:
Incident Questions:
Directions:
From Bervard take 64 west to Silverstein Road. Take Left onto Golden
Road, disturbance isOccuring just past first bridge on Golden.
Comments:
Caller would like to stay anonymous but would like to be updated on any
progress made.
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Event Type
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Report Received
Event Date
2008-09-24 09:47:27
2008-09-24 09:15:00
2008-09-24 09:15:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 09/24/08 09:48 AM Page 2

PPPI-Pp"
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:
Jeff Menzel Jeff Menzel
Phone:
Date/Time: 2008-09-24 09:15:00 AM 2008-09-24 09:47:27 AM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 09/24/08 09:48 AM Page 3

Q.
�'j�
}
Incident Report
Report Number: 200802714
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 09/24/2008
Company Name:
County: Transylvania
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner: t)A !r•'o in:I
First/Mid/Last Name: Steve
Permit:
Company Name:,
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone: [phone]
Address
Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: Golden Road off of;Silverstein-Roar
Address:
City/State/Zip Rosman 'Pill
-b
Report Created 09/24/08 09:48 AM Page 1

Cause/Observation: , Directions:
Developer clearing brush and grading stream bank. From Bervard take 64 west to Silverstein Road. Take Left onto Golden
Road, disturbance isdccuring just past=first_bridge=on=Golden.
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Report Received
Event Date
Comments:
Caller would like to stay anonymous but would like to be updated on any
progress made.
Conveyance:
2008-09-24 09:47:27
2008-09-24 09:15:00
2008-09-24 09:15:00
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 09/24/08 09:48 AM Page 2

Incident Report
Report Number: 200802683
Incident Type:
Complaint
Category:
Surface Water
Incident Started:
09/15/2008
County:
Transylvania
City:
Farm #:
Responsible Party:
Owner:
Ran (
&Ly)y) Ql fju /
Permit:
NJ
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
Latitude:
Longitude:
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name:
Company Name:
Address:
City/State/Zip:
Phone:
Pager/Mobile Phone: /
i
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Location of Incident: Rosman
Address: 1600 Pickens Hwy
City/State/Zip Rosman NC
Report Created 09/22/08 04:48 PM
Position Accuracy:
Position Datum:
y ; ,1 I
28772 k O
0, Page 1
--j TO
Vr
C

Cause/Observation:
Track hoe working in creek. Rocks and sediment piled next to
creek
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Directions:
1 mile south of Rosman on 178 just past East Fork Road. On left just
past field with bam. Hillside gardens across street on Right.
Comments:
Event Type Event Date
Referred to Regional Office - Primary Contact
Report Entered 2008-09-22 04:47:32
Report Received 2008-09-22 04:00:00
Incident Start 2008-09-15 08:00:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 09/22/08 04:48 PM Page 2

Standard Agencies Notified:
Agency Name Phone
Other Agencies Notified:
Agency Name Phone
DWQ Information:
Report Taken By:
Chuck Cranford
Phone:
First Name M.I. Last Name Contact Date
First Name M.I. Last Name Contact Date
Report Entered By: Regional Contact:
Chuck Cranford Linda S Wiggs
Date/Time: 2008-09-22 04:00:00 PM 2008-09-22 04:47:32 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 09/22/08 04:48 PM Page 3

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ania County, NC -- Printable Map Page 1 of 2
Transylvania County, NC
Parcels
Pin: 8552-74-8785-000
Owner:
CROWE ROBERT SAMUEL ETAL
PO BOX 1043
ROSMAN,NC 28772
Sale Date: 199203
Sale Price: 21000
Acres: 0.58161334881
Township: 6
Deed Book: 349
Deed Page: 254
Sale Inst: WD
Sale Imp: I
Zoning:
Land Value: $13,000
Bldg Value: $35,630
Year Built: 1960
XFO B. Val ue:- $720
Assessed Value: $49,350
Legal Address: HWY 178
Other Attributes
at point 857863, 524740
Zoning:
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nF\,N A
Paul Seagle
208 Osborne Road
F7FBI nPV
Michael F. Easley, Governor
,L.
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
SURFACE WATER PROTECTION SECTION
October 1, 2008
Coleen H. Sullins, Director
Division of Water Quality
Brevard, NC 28712
0ti
Deer Track Homeowners Association Id 0
Nancy Elliott (w@ 0i4t.,. r-IT v
196 Resada Drive G
Brevard, NC 28712
Subject: Discharge of Solid Waste from
Deer Track Subdivision
Transylvania County .
Dear Mr. Seagle and Ms. Elliott:
This office received a complaint alleging the discharge of waste into a stream
adjacent to Deer Track Subdivison. This letter is to request that you contact me within the
next few days at this office; telephone [phone]so that. I may complete my
investigation of a reported discharge of solid waste (yard waste) from Deer Track
Subdivision into an adjacent stream.
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 understand that such a discharge may constitute 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.
Thank you for your attention to this matter. I look forward to hearing from you at
your earliest convenience.
Sincerely,
�.2�
Linda Wiggs
Environmental Specialist
ose
NCarolina
,Vatu,mllry
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Transylvania\Complaints\deertrack.doc
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

M
Incident Report
Report Number: 200802033
Incident Type: Complaint On -Site Contact:
Category: Su as Water First/Mid/Last Name:
Incident Started:07/25/2008
Company Name:
County:'"Transylvania---7 Phone:
City: V Pager/Mobile Phone: /
Farm #:
Responsible Party: Reported By:
Owner: First/Mid/Last Name: Ken Bockman
Permit: Company Name:
Facility: Address:
First Name:
Middle Name: City/State/Zip:
Last Name: Phone: [phone]
Address Pager/Mobile Phone: /
City/State/Zip:
Phone: i
fk&h
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: Fb'eaverdam rd at Mr Lawtons p or petty—p
Address:
City/State/Zip
Report Created 07/25/08 09:09 AM Page 1

Cause/Observation:
land disturbing with no measures in place, propably less than an
acre. Damming up the creek bearwallow Tr, HQW
Directions:
64 pass brevard, pass Lake Toxaway, turn left at BP on 281 South, take
1st left on Water McNeely rd, stay straight onto Beaver rd, property is on
right after 1ot76. Look for disturbed land, stream is on this property.
Action Taken: r����Comments:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Event Type
Report Received
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Event Date
2008-07-25 09:08:33
2008-07-25 09:07:00
Report Created 07/25/08 09:09 AM
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date
Comment
Page 2

PV
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:
Linda S Wiggs Linda S Wiggs
Phone:
Date/Time: 2008-07-25 09:08:33 AM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 07/25/08 09:09 AM Page 3

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Transylvania County, NC -- Printable Map x
Transylvania County, NC /V
Pin: 8534-61-5374-000
Owner:
WATEREE CONSTRUCTION CO INC
PO BOX 7509
SUMTER,SC 29150
Sale Date: 199306
Sale Price: 120000
Acres: 14.2367873714
Township: 7
Deed Book: 363
Deed Page: 193
Sale Inst: WD
Sale Imp: V
Zoning:
Land Value: $230,670
Bldg Value: $59,710
Year Built: 1993
XFOB Value: $3,750
Assessed Value: $294,130
Legal Address: SILVERSTEEN ROAD
Parcels
age 1 of 2
61r) z s
Vo
Other Attributes
at point 836695, 541447
Zoning: cfv a°cf l `j -365 O
http://arcims.webgis.net/nc/transylvania/printable. asp?process=id&x2=836694.565347826... 9/25/2008

Incident Report
Report Number: 200802150
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started 08/11/2008
�
Company Name:
County: �fTransylvariia__7
Phone:
City:
Pager/Mobile Phone:
/
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name:
Jimmy Bennett
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone:
[phone]
Address
Pager/Mobile Phone:
/
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
Chemical Name
Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal
Latitude:
Longitude:
Position Method:
Position Accuracy:
Position Datum:
Location of Incident: 4097_Silversteen Ro`ad�
Address: 4097 Silverstecn Rd \� n
City/State/Zip Brevard NC 28712
Report Created 08/11/08 03:41 PM Page I

Cause/Observation:
Pond built off-line. creek has dropped two feet since new 14
inch pipe to creek was installed.
Action Taken:
Please call Mr. Bennett prior to a site visit to arrange a meeting.
He would like to remain anonymous.
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Directions:
take 64 W out of Brevard. Go approximately 12 miles to right on
Silversteen Road. Go 2 miles to green house with brown trim.
Comments:
Event Type Event Date
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2008-08-11 03:40:31
Incident Start 2008-08-11 09:50:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 08/11/08 03:41 PM Page 2

Standard Agencies Notified:
Agency Name Phone
Other Agencies Notified:
Agency Name Phone
DWQ Information:
Report Taken By:
Starr Silvis
First Name M.I. Last Name Contact Date
First Name M.I.
Report Entered By:
Starr Silvis
Phone:
Date/Time: 2008-08-11 03:40:31 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Last Name Contact Date
Regional Contact:
Report Created 08/11/08 03:41 PM Page 3

Incident Report
Report Number: 200802695
Incident Type: Complaint
Category: Surface Water
Incident Started: 09/23/2008
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident: near 409lLSilverstein�rd,,
Address:
City/State/Zip
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: James z!: Bennett'
Company Name:
Address:
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: /
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Report Created 09/23/08 11:06 AM Page I

Cause/Observation:
neighbor reworked pond intake and outfall now creek has low
flow
Action Taken:
Incident Questions:
Directions:
hwy 64 past rosman to citgo, turn right on silverstien road, travel 4 miles
on left is #4097 go past this after bend in road turn left at barn (gated
drive)
Comments:
call james back with findings
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.
Containment? Unknown
Cleanup Complete? Unknown
(Above Ground or Under Ground)
Water Supply Wells within 1500ft : Unknown Groundwater Impacted
Event Type Event Date Due Date
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2008-09-23 11:06:18
Incident Start 2008-09-23 11:00:00
Unknown
Comment
Report Created 09/23/08 11:06 AM Page 2

Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Linda S Wiggs Linda S Wiggs Linda S Wiggs
Phone:
Date/Time: 2008-09-23 11:06:18 AM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 09/23/08 11:06 AM Page 3

Page 1 of 1
Vh Carolina Secretary of State: Search Business Filings
.......... .... .................................._...:............................._..........._.._.._........................
WATEREE CONSTRUCTION CO., INC.
Note: This online database was last updated on 10/2/2008 6:04:36 PM.
See our Disclaimer.
DOMESTIC / FOREIGN:
STATUS:
STATE OF INCORPORATION
/ ORGANIZATION:
REGISTERED AGENT INFORMATION
.... ... ....... _..........._............... ............... ............._.........._............. .............. ....
REGISTERED AGENT NAME:
ADDRESS:
CITY:
STATE:
ZIP:
SECOND ADDRESS:
FILE DATE:
EFFECTIVE DATE:
DISOLVED DATE:
..... ............ ............. ... ........................ ........ .._.................... .......... ..... ....... .............. ........ .:.....
Corporation History Records
CODE
Incorporation
FILE DATE
11/12/1982
Domestic
Good Standing
Sc
Profit
....... .... ........................_..I..........._....
H S BOOZER III
511 MIMOSA RD SUMTER SC
11/12/1982
11/12/1982
//
COMMENT
ART
Document
Film
Disclaimer: The South Carolina Secretary of State's Business Filings database is provided as a convenience to our customers to
research information on business entities filed with our office. Updates are uploaded every 48 hours. Users are advised that the
Secretary of State, the State of South Carolina or any agency, officer or employee of the State of South Carolina does not
guarantee the accuracy, reliability or timeliness of such information, as it is the responsibility of the business entity to inform the
Secretary of State of any updated information. While every effort is made to insure the reliability of this information, portions may
be incorrect or not current. Any person or entity who relies on information obtained from this database does so at his own risk.
Physical Address H Edgar Brown Building - 1205 Pendleton Street Suite 525 Columbia, SC 29201
Postal Address H P.O. Box 11350 Columbia, SC 29211
http://www.scsos.com/index.asp?n=18&p=4&s=18&corporateid=348981 10/3/2008

Incident Report.
Report Number: 200801333
Incident Type: Complaint
Category: Surface Water
Incident Starte 05/01/200
County: Transylvan a
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Ever' ette Farm Rd,
Penrose
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone:
/
Reported By:
First/Mid/Last Name:
Joan Buchannan
Company Name:
Address:
Everette Farm Rd
City/State/Zip:
Penrose NC 28766
Phone:
[phone]
Pager/Mobile Phone:
/
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Penrose NC 28766
Report Created 08/13/08 03:52 PM
t
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Page i

Standard Agencies Notified:
Agency Name
Other Agencies Notified:
Agency Name
DWQ Information:
Report Taken By:
James R Reid
Phone
First Name
M.I.
Last Name
-Contact Date
Phone
First Name
M.I.
Last Name
Contact Date
Report Entered By:
James R Reid
Regional Contact:
Phone:
Date/Time: 2008-05-01 10:00:00 AM 2008-05-01 10:27:36 AM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
'9
rt
( F
Report Created 08/13/08 03:52 PM Page 3

rCauselobservation: Directions:
Construction of pond upstream of complainant. The pond owners Hwy 280 to Pisgah Forest. Left on Ecusta Rd to end Left on Old Hwy 64.
are located in the Reserve Development; names are Ty & Katie Right on Everette Farm Rd cross bridge. At the 6th turn to the right (red
Hendrix (ph 877-4470) & black mailbox), take the center of the 3 drives to the top of the hill.
CIO
woob
Action Taken: Comments:
Incident Questions:
Did the Material reach the Surface Water? Yes
Surface Water Name? Crab Creek
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
d
y0
Event Type
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Report Received
-C:;,
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Date Due Date
2008-05-01 10:27:36
2008-05-01 10:00:00
2008-05-01 10:00:00
Comment
Report Created 08/13/08 03:52 PM / j=!, Page 2

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Incident Report
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Report Number: 200802018
Incident Type: Complaint
Category: Surface Water
Incident StartedOff/15/2008
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name: Thomas
Middle Name:
Last Name: Harrison
Address 4030 S Carroll Rd
City/State/Zip: Wanamaker IN 46239
Phone: [phone]
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident: Puncheon Creel
Address: 420 Ken Owen Pass
City/State/Zip Cedar Mountain
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone:
/
Reported By:
First/Mid/Last Name:
Ken Owen
Company Name:
Address:
651 Ken Owen Pass
City/State/Zip:
Cedar MountaNC 28718
Phone:
[phone]
Pager/Mobile Phone:
/
Chemical Name Reportable Qty. lbs. Reportable City. kgs.
Position Method:
Position Accuracy:
Position Datum:
NC 28718
Report Created 07/23/08 04:46 PM
Page 1

Cause/Observation:
Impoundment construction
Action Taken:
Incident Questions:
Directions:
280 to Brevard to 276 S. 18 miles to Cedar Mtn Fire Dept. LE
Cascade Lake Road. RIGHT Reasonover. 5 miles Blue Ridge Bapt.
Church. RIGHT Ken Owen Pass. First white gate on RIGHT.
Comments:
Called and left message at owner's home in Indiana to stop work and call.
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type
Incident closed
Requested Additional Information
Referred to Regional Office - Primary Contact
Report Entered
Event Date
2008-07-23 04:44:23
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 07/23/08 04:46 PM Page 2

araiwaru P%utntcies Notified:
Agency Name
Other Agencies Notified:
Agency Name
2008-07-23 04:30:00
2008-07-15 09:00:00
Phone First Name M.I. Last Name Contact Date
Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By:
Chuck Cranford
Report Entered By: Regional Contact:
Chuck Cranford
Phone:
Date/Time: 2008-07-23 04:30:00 PM 2008-07-23 04:44:23 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
1Ip
Report Created 07/23/08 04:46 PM
Page 3

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Incident Type: Complaint
Category: Surface Water
Incident Started /19l2008
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Incident Report
Report Number: 200801724
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Inciderit.---895-Wilssoon Road
Address:
City/State/Zip
Report Created 06/19/08 12:23 PM
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: Maryann Duvall
Company Name:
Address:
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: /
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Page 1

Cause/Observation:
Mr Loi is rerouting creek
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type
Report Received
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Event Date
Directions:
Please call Ms Duvall when visiting site. Take 280 towards BrEva
the Lowes turn Left onto Ecusta Rd. At end of road turn Right, then
immediately turn Left onto Wilson Rd, go -2 miles to #895 on right.
Comments:
Conveyance:
2008-06-19 12:23:19
2008-06-19 12:23:00
N
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted
Unknown
Due Date Comment
Report Created 06/19/08 12:23 PM Page 2

ancies Notified:
e
Other Agencies Notified:
Agency Name
Phone
Phone
First Name M.I. Last Name Contact Date
First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By:
Linda S Wiggs Linda S Wiggs
Phone:
Date/Time: 2008-06-19 12:23:19 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Regional Contact:
Report Created 06/19/08 12:23 PM Page 3

Incident Report
Report Number: 200800792
Incident Type: Complaint
Category: Surface Water
Incident Started: 03/12/2008
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident: Flat Valley Creek Road
Address: Flat Vly Creek Rd
City/State/Zip Brevard NC 28712
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name:
Company Name:
Address:
City/State/Zip:
Phone:
Pager/Mobile Phone: /
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Report Created 03/12/08 10.46 AM Page 1

Cause/Observation:
Mud onto road
Directions:
Take Hwy 64 to Flat Valley Creek Road
Turn onto Flat Valley Creek Road
go approximately 1.5 miles to Flat Creek Ridge Subdivision
Mud in road and in ditch will be visible
Action Taken: ,� Comments:
1
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t
t
t�
t
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.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type
Report Received
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Date Due Date Comment
2008-03-12 11:45:35
2008-03-12 10:00:00
Report Created 03/12/08 10:46 AM Page 2

V
Standard Agencies Notified:
Agency Name Phone First Name M.I.
Other Agencies Notified:
Agency Name Phone First Name M.I.
DWQ Information:
Report Taken By: Report Entered By:
Starr Silvis Starr Silvis
Phone:
DatelTime: 2008-03-12 11:45:35 AM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Last Name Contact Date
Last Name Contact Date
Regional Contact:
Report Created . 03/12/08 10:46 AM Page 3

Incident Report
Report Number: 200800880
Incident Type: Complaint
Category: Surface Water
Incident Started: 03/17/2008
County: Transylvania
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident: 231 Tanasee Gap Rd
Address:
City/State/Zip
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: Local Nres S&W
Company Name:
Address:
City/State/Zip:
Phone:
Pager/Mobile Phone: /
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Report Created 03/17/08 03:20 PM Page 1

Cause/Observation: Directions:
sediment washing into creek from field. A phone call to owner 64 past Rosman, turn right on HWY 215, travel into Balson Grove
may be enough to gain compliance. phone # [phone] William community. Pass fire dept turn Left on Tanasee Gap rd. Go over 3
Reed Bridge, field is on left just past 3rd bridge.
Y
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Action Taken: Comments:
NRCS has complaints that large amounts of sediment are entering
stream from this field.
7 Lie,
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type Event Date
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2008-03-17 04:18:28
Incident Start 2008-03-17 08:15:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 03/17/08 03:20 PM Page 2

V
Standard Agencies Notified:
Agency Name Phone
Other Agencies Notified:
Agency Name - Phone
First Name M.I.
First Name M.I.
DWQ Information:
Report Taken By: Report Entered By:
Linda S Wiggs Linda S Wiggs
Last Name Contact Date
Last Name Contact Date
Regional Contact:
Phone:
Date/Time: 2008-03-17 04:18:28 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 03/17/08 03:20 PM Page 3

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Michael F. Easley, Governor
B r I L[ C O ®�/ William G. Ross Secretary
r L r �lorth Carolina Department of Environment and Natural
Resources
Coleen H. Sullins, Director
Division of Water Quality
March 13, 2008
CERTIFIED MAIL
RETURN RECEPIT REQUESTED - , 7006 3450 0002 7064 8754.
Mr. Gregory Lee Galloway
Post Office Box 217
Balsam Grove, North Carolina 28708-0217
Subject: Notice of Violation -Notice of
Recommendation for Enforcement
NOV-2008-SS-0013
Unnamed Tributary to Shoal Creek
Transylvania County, `North Carolina
Dear Mr. Galloway:
On February 13, 2008, representatives of the North Carolina Division of Water
Quality documented violations of State Law and Regulation at property off Shoal Creek
Road. The Registry of Transylvania County previously revealed Mr. James Tritt to have
been the property owner; the property transfer resulted in delay in providing this notice to
the current owner. The Asheville Regional Office of the Division of Water Quality is
considering sending an enforcement recommendation to the Director of the Division of
Water Quality.
The condition resulting in consideration of enforcement is deposition of sediment in
depths of 2-9 inches throughout a length of approximately 350 feet of an unnamed
tributary to Shoal Creek (class C, trout waters). The Administrative Code of North Carolina
[Title 15A NCAC .02B.0211 (2)] prohibits wastes in amounts that would impair waters for
designated uses. Sediment in the amount observed on February 13, 2008 impaired the
unnamed tributary to Shoal Creek. Sediment existed in the stream as a; result of
excavation and land disturbing activity on a parcel of land. owned by the addressee.
In addition to the above -cited violation of the Administrative Code, the excessive
sediment in the stream evidenced violation of State Law found at Section 143-215.1 of the
General Statutes of North Carolina. The cited law prohibits any discharge of waste without
a permit; existence of the above -described sediment demonstrated an un-permitted
discharge. The General Statutes of North Carolina provide enforcement procedures for Noithcaroiina
Xaturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swann anoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
G:\WPDATA\DEMWQ\Transylvania\Miscellaneous-Complaints\Galloway-Trio NOV-Notice of Intent.doc

Mr. Gregory Lee Galloway
March 13, 2008
Page 2
each day on which any violation exists. Timely remedy of the violations is therefore
recommended.
If there is an explanation to present for the above -described conditions, please
respond in writing (to the address near the bottom of the letterhead page) within ten (10)
days following receipt of this letter. The explanation will be reviewed and if enforcement
action is deemed appropriate, the explanation will be forwarded to the Director along with
the enforcement package.
For any questions concerning this matter, please contact Mr. James Reid at
telephone number 828-296-4500
s
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Xc: Non -Point Source Compliance Enforcement Unit
NC Division of Land Resources

p,,9n Michael F. Easley, Governor
y Ff f: E QPY William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
P & C Coleen H. Sullins, Director
Division of Water Quality
February 15, 2008
CERTIFIED MAIL
RETURN RECEPIT REQUESTED — 7002 0460 0001 9899 6777
Mr. James V. Tritt
787 Shoal Creek Road
Balsam Grove, North Carolina 28708-9605
Subject: Notice of Violation - Notice of
Recommendation for Enforcement
Unnamed Tributary to Shoal Creek
Transylvania County, North Carolina
Dear Mr. Tritt:
On February 13, 2008, representatives of the North Carolina Division of Water
Quality documented violations of State Law and Regulation at property off Shoal Creek
Road. The Registry of Transylvania County shows the addressee to be owner of the
property. The Asheville Regional Office of the Division of Water Quality is considering
sending an enforcement recommendation to the Director of the Division of Water Quality.
The condition resulting in consideration of enforcement is deposition of sediment in
depths of 2-9 inches throughout a length of approximately 350 feet of.an unnamed
tributary to Shoal Creek (class C, trout waters). The Administrative Code of North Carolina
[Title 15A NCAC .0213.0211 (3)(f)] prohibits wastes in amounts that would impair waters for
designated uses. Sediment in the amount observed on February 13, 2008 impaired the
unnamed tributary to Shoal Creek. Sediment existed in the stream as a result of
excavation and land disturbing activity on a parcel of land owned by the addressee.
In addition to the above -cited violation of the Administrative Code, the excessive
sediment in the stream evidenced violation of State Law found at Section 143-215.1 of the
General Statutes of North Carolina. The cited law prohibits any discharge of waste without
a permit; existence of the above -described sediment demonstrated an un-permitted .
discharge. The General Statutes of North Carolina provide enforcement procedures for
each day on which any violation exists. Timely remedy of the violations is therefore
recommended.
Noe Carolina
. �turally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone. [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
G:\WPDATA\DEMVVQ\Transylvania\Miscellaneous-Complaints\Tritt NOV-Notice of Intent.doc

Mr. James V. Tritt
February 15, 2008
Page 2
If there is an explanation to present for the above -described conditions, please
respond in writing (to the address near the bottom of the letterhead page) within ten (10)
days following receipt of this letter. The explanation will be reviewed and if enforcement
action is deemed appropriate, the explanation will be forwarded to the Director along with
the enforcement package.
For any questions concerning this matter, please contact Mr. James Reid at
telephone number 828-296-4500
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Xc: Point source Compliance Enforcement Unit
NC Division of Land Resources

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nsylvania County, NC -- Printable Map Page 1 of 1
Transylvania County, NC
Parcels
Pin:8546-97-6808-000
Owner:
TRITT JAMES V HLTE-
787 SHOAL CREEK RD
BALSAM GROVE,NC 28708
Sale Date: 200608
Sale Price: 0
Acres: 5.49834863191
Township: 7
Deed Book: 364
Deed Page: 187
Sale Inst: WD
Sale Imp: I
Zoning:
Land Value: $69,470
Bldg Value: $75,380
Year Built: 1954
XFOB Value: $4,800
Assessed Value: $149,650
Legal Address: SR 1327
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal
description". Map information is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims.webgis.net/nc/transylvania/printable.asp?process=idl &x2=849680.4615&y2... 2/14/2008

FrSylvania County, NC -- Printable Map Page 1 of 1
Transylvania County, NC
Parcels
Pin: 8546-9 7-6 808-000
Owner:
TRITT JAMES V HLTE
787 SHOAL CREEK RD
BALSAM GROVE,NC 28708
Sale Date: 200608
Sale Price: 0
Acres: 10.6415742863
Township: 7
Deed Book: 364
Deed Page: 187
Sale Inst: WD
Sale Imp: I
Zoning:
Land Value: $69,470
Bldg Value: $75,380
Year Built: 1954
XFOB Value: $4,800
Assessed Value: $149,650
Legal Address: SR 1327
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal
description". Map information is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims.wcbgis.net/nc/transylvania/printable.asp?process=idl &x2=850101.5625&y2... 2/14/2008

Sylvania County, NC -- Printable Map - Page 1 of 1
,Transylvania County, NC
Parcels
Pin:8546-97-6808-000
Owner:
TRITT JAMES V HLTE
787 SHOAL CREEK RD
BALSAM GROVE,NC 28708
Sale Date: 200608
Sale Price: 0
Acres: 5.49834863191
Township: 7
Deed Book: 364
Deed Page: 187
Sale Inst: WD
Sale Imp: I
Zoning:
Land. Value: $69,470
Bldg Value: $75,380
Year Built: 1954
XFOB Value: $4,800
Assessed Value: $149,650
Legal Address: SR 1327
DISCLAIMER: The information contained on this page is NOT to be construed or used, as a 'legal
description". Map information is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims.webgis.net/nc/transylvania/printable.asp?process=idl &x2=849680.4675&y2... 2/14/2008

Incident Report
� Z_,
Report Number: 200800384
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 02/06/2008
Company Name:
County: Transylvania
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name:
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone:
Address
Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
feeder stream to Shoal Crk
Report Created 02/07/08 03:49 PM
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Page 1

)bservation:
rbance with no erosion measures, blowing out silt
ladden water
Directions:
hwy 280, go right onto hwy 276, go —7 miles take left at forest road 475,
toward hatchery -stay left on this road it will go to gravel, then back to
pavement. After it goes back to pavement look for 2nd mailbox on right
#787, the feeder stream is here and you should see disturbance.
9
Action Taken: Comments: ,} //j
Incident Questions:
Did the Material reach the Surface Water? Yes
Surface Water Name? Shoal Creek
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type Event Date
Report Received
Referred to Regional Office - Primary Contact
5-Day Report Entered 2008-02-07 03:47:03
Incident Start 2008-02-06 10:00:00
Report Created 02/07/08 03:49 PM
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Page \ 2

Agencies Notified:
ame
Other Agencies Notified:
Agency Name
Phone
Phone
First Name M.I.
First Name M.I.
Last Name Contact Date
Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Linda S Wiggs Linda S Wiggs
Phone:
Date/Time:
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 02/07/08 03:49 PM
Page 3

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
April 10, 2008
Andres R. Baez, Sr.
P.O. Box 9448
Tavernier, FL 99070
SUBJECT: Acknowledgment of Receipt of Pa grit, , } "{ j 1 2008 1` I
Case No. WQ-2007-0021
Baez Property
vk� TL ,, CTIOi,1
Jackson County
Dear Mr. Baez:
This letter is to acknowledge receipt of check # 2010 dated 3/19/08 from Andres R. Baez in the amount
of $3,447.45 received on 3/25/08. The balance of the penalty is $0.00.
This payment satisfies in full the civil penalty assessment for case number WQ-2007-0021 and upon check
clearance this enforcement case will be closed.
Payment of this penalty in no way precludes further action by this Division for continuing or
future violations. You are encouraged to contact Roger Edwards or Jim Reid with the DWQ
Asheville. Regional Office at [phone] if you need assistance in achieving compliance at the
site.
If you have any questions please call Shelton Sullivan at [phone] ext. 544.
Sincerely,
Shelton Sullivan
NPS Assistance & Compliance Oversight Unit
cc: Ro: Edwards-/ Jim -Reid = DWQ Asheville -Regionals fee S:uperv_. isor
� PS Assistance & Compliance Oversight Unit — File Copy
DWQ Central Files
Noe Carolina
Ntura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 ' Phone [phone] Customer Service
Internet: www.ncwaterauality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

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Page' 1 of 2
http://gis.buncombecounty.org/servlet/com.esri.esrimap.Esrimap?ServiceName=sid3 &Form... 4/4/2008

NCOENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
Land Quality Section
March 26, 2008
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL-7005 1820 0002 9207 2225
RETURN RECEIPT REQUESTED
Phillip D. & Julie A. Aiken
HC 71, Box 43
Rosman, NC 28772
Michael F. Easley, Governor
William G. Ross Jr., Secretary
1
MAR 2 6 2008�
1
WATER QUA LIT`( GEC TIO� _7
qc Evl _LE ICr.IF L c-L.I—E -
RE: Project Name: Aiken Property
Project ID: TRANS-2008-025
County: Transylvania
Compliance Deadline: April 29, 2008, or 30 days from receipt
Dear Mr. & Mrs. Aiken:
On March 12, 2008, personnel of this office inspected a project located off Shoal Creek Road, in
Balsam Grove Township in Transylvania County, North Carolina. This inspection was performed
to determine compliance with the North Carolina Sedimentation Pollution Control Act (Act) of
1973. The inspection revealed a land -disturbing activity of approximately 2+ acres being
conducted.
It is our understanding that you and/or'your firm are responsible for this land -disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the'�,Act,
G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel
that you are not responsible for the following violations, please notify this office immediately.
The following violations correspond to those outlined on the attached Sedimentation Inspection
Report. The violations that were found are:
5a. Failure to file an erosion and sedimentation control plan with this office 30 or more days
prior to initiating any land -disturbing activity that will disturb more than one acre on a tract,
failure to secure this office's prior approval of the plan for any land -disturbing activity prior
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
One
www.enr.state.nc.us NOfthCarofind
An Equal Opportunity / Affirmative Action Employer )tmraii

IV
Notice of Violations
Phillip D. & Julie A. Aiken
March 26, 2008
Page 2 of 3
to beginning the land -disturbing activity, G.S. 113A-54(d)(4), G.S. 113A-57(4) and 15A
NCAC 4B.0107(c). Approximately 2+ acres were disturbed without first obtaining an
approved erosion control plan.
5e. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on
a tract, to install sedimentation and erosion control devices sufficient to retain the sediment
generated by the land -disturbing activity within the boundaries of the tract during
construction upon and development of the tract, G.S. 113A-57(3). Insufficient erosion
control measures were installed to restrain erosion and retain sediment on site.
5f. Failure to take all reasonable measures to protect all public and private property from
damage by such land -disturbing activities, 15A NCAC 4B .0105. All reasonable
measures were not taken to prevent sediment from washing off site and' onto
adjacent property.
To correct these violations, you must:
File an acceptable erosion and sedimentation control plan with this office, have approved
by this office, and implement on the site. Until the required plan has been approved,
temporary measures must be provided immediately to control erosion, prevent
sedimentation damage and comply with all provisions of the Sedimentation Pollution
Control Act and rules adopted thereunder. Any additional land disturbing activities
conducted without an approved erosion and, sedimentation control plan will constitute
additional violations of the Act. Following our review of the plan, this office will notify you
that the plan has been approved, approved with modifications or disapproved. '
2. Install measures sufficient to restrain erosion and retain sediment on site
3. Take all reasonable measures necessary to prevent sediment from washing off site and
onto adjacent property.
4. Establish a ground cover on all bare areas sufficient to restrain erosion and retain sediment
on site.
The violations cited herein may be referred to the Director of the Division of Land Resources
(Director) for appropriate enforcement action, including civil penalty assessments for an initial one -
day violation and/or a continuing violation. The penalty for an initial one -day violation may be
assessed in an amount not to exceed $5,000.00. The Division of Land Resources is not required
to provide a time period for compliance before assessing a penalty for the violations cited herein.
Please be advised that a civil penalty may be assessed for the violations regardless of whether
the violations are corrected within the time period set out below.
In addition, if the violations cited herein are not corrected within 30 days of receipt of this notice or
before April 29, 2008, whichever term is longer, this office may request that the Director take
appropriate legal action against you for continuing violations pursuant to NCGS 113A-61.1 land

IV
Notice of Violations
Phillip D. & Julie A. Aiken
March 26, 2008
Page 3 of 3
113A-64. A penalty may be assessed from the date of the violation, pursuant to NCGS 113A-
64(a)(1), and for each day of a continuing violation in an amount not to exceed $5,000.00 per day.
Please be advised that any new land -disturbing activity associated with this project should not
begin until the area presently disturbed is brought into compliance with the Act. When corrective
actions are complete, you should notify this office so that work can be inspected. You should not
assume that the project is in compliance with the Act until we have notified you. After installation,
all erosion control measures must be maintained in proper working order until the site is
completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be
sent to you upon request. Should you have questions concerning this notice or the requirements
of the Act please contact either Rick Allred or me at your earliest convenience.
Sincerely,
J-S . �!4
Janet S. Boyer, PE
R gional Engineer
and Quality Section
Enclosures: Sedimentation Inspection Report
Financial Responsibility Form
Erosion Control Plan Checklist
cc: Gray Hauser, PE, State Sedimentation Specialist -
�Roger_Edwatd—s R-egional-Water_Q.uality='Supervisof7

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITY SECTION: 2090 US Hwy 70, Sivannanoa„ NC 28778 [phone]
County: Transylvania Project: Aiken Property River Basin: French Broad
Person Financially Responsible: Phillip D. &,Julie A. Aiken Project #
Address: H C 71 Box 43, Rosman, NC 28772
1. Project Location: off Shoal Creek Rd. Pictures: Yes Type: Digital
2. Weather and Soil Conditions P. Cloudy, Damp 60's
3. Is site currently under Notice of Violation? No
4. Is site in compliance with the S.C.P.A. and the rules? No If no, check the violations below:
5. Violations:
® a. No approved plan. G.S. 1 13A-57(4) and 15A NCAC 04B.0107(c) ❑ g. Inadequate buffer zone, G.S. 113A-57(1)
❑, b. Failure to follow approved plan, G.S. 113A-57 (5) ❑ h. Graded slopes and fills too steep, G.S. 113A-57(2)
❑ c. Failure to submit revised plan, G.S. 1 13A-54.1(b) and or 15A NCAC 0413.0124(d)
15A NCAC 0413.0118(a) ❑ i. Unprotected exposed slopes, G.S. 1 13A-57(2)',
❑ d. Failure to provide adequate groundcover, G.S. I I3A-57(3) and ❑ j. Failure to maintain erosion control measures,
15A NCAC 0413.0107(b) or 15A NCAC 04B.0124(e) 15A NCAC 0413.01 13
® e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ❑ k. Other (describe)
® f. Failure to take all reasonable measures, 15A NCAC 0413.0105
6. Potential NPDES Permit Violation? Yes Describe violations above
7. Has sediment damage. occurred since last inspection? Initial Inspection If yes, where? Other property
Description Sediment has washed off site and onto adjacent property due lack off adequate measures Degree of Damage
Moderate
8. Contact made with Phillip and Julie Aiken Title owner
Inspection report ❑given to or ®sent to Person Financially Responsible Date given/sent: sent w/NOV
9. Corrective Actions Needed:
A. Submit an approvable erosion control plan
B. Install measures sufficient to restrain erosion and retain sediment on site
C. Take all reasonable measures necessary to prevent sediment from washing off site
and onto adjacent property
D. Establish a ground cover on all bare areas sufficient to restrain erosion and retain
sediment on site
10. Comments:
A. No additional land disturbing activity is allowed other than installing erosion
control devices and establishing a ground cover on all bare areas sufficient to
restrain erosion and retain sediment on site until an erosion control plan is received
and appr
I
Report by: Rick Allred Others Present
Date of Inspection: 3/12/2008 ime arriving at site: 1:00 pm Time leaving site: 3:16 pm
Cc:

C % �0F A TF9Q Michael F. Easley, Governor
E3FILE
William G. Ross Jr., Secretary
r14Nt11 C rolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 11, 2008
CERTIFIED MAIL 'Q /
RETURN RECEIPT REQUESTED - 7002 0460 0001 9899 7545
Mr. Gregory Lee Galloway
Post Office Box 217
Balsam Grove, North Carolina 28708-0217
Subject: Notice of Violation - Notice of
Recommendation for Enforcement
NOV-2008-SS-0013
Unnamed Tributary to Shoal Creek.
Transylvania County, North Carolina
Dear Mr. Galloway:
The Division of Water Quality, on April 3, 2008, received the attached certified letter,
"unclaimed". Failure to claim the letter does not constitute the Division of Water Quality's
failure to deliver it. The period during which the letter remained unclaimed exposes the
property owner to additional liabilities, as each day on which a violation exists constitutes a
separate offense for which penalties could be assessed.
If there are questions concerning this or matters discussed ,in the attached letter,
please contact Mr. James Reid at telephone number 828-296-4500
Sincerely,
Roger C. Edwards, R g onal�upervisor
Surface Water Protection Section
Xc: Non -Point Source Compliance Enforcement Unit
NC Division of Land Resources
Noce Carolina
Ntura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28779 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
G:IWPDATAIDENIWQ1TransylvanialMiscellaneous-ComplaintslGalloway-Tritt NOV-Notice of Intent 2.doc

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Michael F. Easley, Governor
FILE C rg William Ross. Secretary
�" orth Carolina Department of Environment and Natural
Resources
March 13, 2008
CERTIFIED MAIL
RETURN RECEPIT REQUESTED — .: 7006 3450 0002 7064 8754.
Mr. Gregory Lee Galloway
Post Office Box 217
Balsam Grove, North Carolina 28708-0217
Dear Mr. Galloway:
Coleen H. Sullins, Director
Division of Water Quality
Subject: Notice of Violation - Notice of
Recommendation for Enforcement
NOV-2008-SS-0013
Unnamed Tributary to Shoal Creek
Transylvania County, North Carolina
On February 13, 2008, representatives of the North Carolina Division of Water
Quality documented violations of State Law and Regulation at property off Shoal Creek
Road. The Registry'bf Transylvania County previously revealed Mr.. James Tritt to have
been the property owner; the property transfer resulted in'delay in providing this notice to
the current owner. The Asheville Regional Office of the Division of Water Quality is
considering sending an enforcement recommendation to the Director of the Division -of
Water Quality.
The condition resulting in. consideration. of enforcement is deposition of sediment in
depths of 2-9 inches throughout a length of approximately 350 feet of an unnamed
tributary to Shoal Creek (class C, trout waters). - The Administrative Code of North Carolina
[Title 15A NCAC .02B.0211 (2)] prohibits wastes in amounts that would impair waters for
designated uses. Sediment in the amount observed on February 13, 2008 impaired the
unnamed tributary to Shoal Creek. Sediment existed in the stream as a result of
excavation and land disturbing activity on a parcel of land owned by the addressee.
In addition to the above -cited violation of the Administrative Code, the excessive
sediment in the stream evidenced violation of State Law found at Section 143-215.1 of the
General Statutes of North Carolina. The cited law prohibits any discharge of waste without
a permit; existence of the above -described sediment demonstrated an un-permitted
discharge. The General Statutes of North Carolina provide enforcement procedures for No"ithcarolina
Vat11ra11y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
G:IWPDATAIDEMWQ1TransylvanialMiscellaneous-ComplaintslGalloway-Trio NOV.-Notice of Intent.doc

March 13, 2008
Page 2
each day on which any violation exists. Timely remedy of the violations is.therefore
recommended.
If there is an explanation to present for the above -described conditions, please
respond in writing (to the address near the bottom of the letterhead page) within ten (10)
days following receipt of this letter. The explanation will be reviewed and if enforcement
action is deemed appropriate, the explanation will be forwarded to the Director along with
the enforcement package.
For any questions concerning this matter, please contact Mr. James Reid at
telephone number 828-296-4500
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Xc: Non -Point Source Compliance Enforcement Unit
NC Division of Land Resources

7006 3450 oey:
VS
6
il . �MTNEY BOWES
1 4 2 0 U-S- POSTAGE PB5559422
02..75$05.210 MAR .'13 2008
3 6 13 MAILED FROM ZIP CODE 28778
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
NCDENR
Surface Water Protection Section
2090 U.S. Highway 70, Swannanoa, NC 28776
ad
GREGORY LEE GALLOWAY
POST OFFICE BOX 217
CERTIFIED MAIL BALSAM GROVE NC 28708-0217
RETURN RECEIPT REQUESTED

- "r7.
June 17, 2008
Division of Water Resources
NC Department of Environmental and Natural Resources
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
R D EID
�UI
JUN 2 3 2008
ASHEVILLE REGIONAL OFFIC
Dear Sirs:
I noticed that the gentleman living at 883 Windover Drive in the Windover Farms
neighborhood in Brevard, NC has brought in heavy equipment to dig trenches to reroute
the French Broad River behind his house.
I am concerned about the impact on the river

pp.pppp,p-
Incident Report
Report Number: 200800090
Incident Type: Complaint
Category: Surface Water
Incident Started: 01/08/200
County:, Tran§yvania
City:
Farm
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
wilson road
Brevard
Report Created 01/08/08 12:36 PM
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: Nick Freeman
Company Name:
Address:
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: /
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
��e— P✓aA
1j
Page 1

Michael F. Easley, Governor
William G. Ross Jr., Secretary
ME" ®I L rL C ®P Trth Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 23, 2008
Everett and Sonya Shipman
1254 Lyday Creek Road
Pisgah forest, NC 28768-8797
Subject: Sediment Control
Dear Mr. And Mrs. Shipman:
This letter is in follow up to the site visit I conducted on April 14, 2008 at which time I
inspected the ponds below your property as well as the conditions within your horse corral.
Your efforts to improve the conditions that led to the loss of sediment to Mr. Salter's ponds
were noted and appear to have succeeded in reducing the level of erosion that had occurred
in the past. However, additional measures should be employed to prevent further damage to
the surface water adjacent to your property.
The following items are recommended:
• Establish and maintain vegetative cover within the horse corral.
• Establish and maintain vegetative cover along all berm surfaces.
■ Maintain the existing silt fencing (i.e., remove the sediment deposited along the
fence and reestablish proper vertical alignment).
• Monitor the stormwater runoff during storm events to determine if the actions taken
are adequate to prevent further sediment impacts to the creek and ponds.
• If impacts are identified during monitoring, determine and implement a course of
action to prevent said impacts.
Preventing further damage to the adjacent surface water from the horse corral will require an
on -going effort and maintaining proper vegetative cover will be the primary measure for
success.
Please understand that additional sediment deposition to the stream and ponds could lead to
violations and enforcement actions by the Division of Water Quality.
Noii- hCarolina
naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Mr. And Mrs. Shipman
April 23, 2008
Page 2 of 2
Thank you for speaking with me during my site visit and your attention to this matter is
greatly appreciated. Contact me at the letterhead phone number if you have any questions or
I can be of any assistance whatsoever.
Sincerely,
Chuck Cranford
Environmental Specialist
cc: Mr. and Mrs. Salter
1180 Lyday Creek Road
Pisgah Forest, NC 28768

Memo To File
To: Steve McNabb Complaint
Author. Chuck Cranford
Date: 3/4/2008-~
Re: Findings and Communication
Two site visits were conducted.
1) January 15, 2008 Starr Silvis and Chuck Cranford
■ Interviewed Mr. McNabb and inspected his pond and facility
■ Inspected the Vulcan Quarry stormwater controls and interviewed the site environmental
representative.
■ No indications of possible impact to Mr. McNabb's property were noted.
2) February 11, 2008 Brett Laverty and Chuck Cranford
■ Interviewed Mr. McNabb and inspected his pond and facility
■ Walked upstream from McNabb property and investigated possible stream impacts.
■ Typical erosion noted. Creek sediment appeared similar to sediment found in McNabb's
pond.
The findings of the two sites visits and discussion with other NC DENR personnel weref
■ No evidence existed that Vulcan Quarry activities in Penrose were having any impact on Mr.
McNabb's pond.
■ The sediment collecting in Mr. McNabb's pond appeared to be generated from the source
stream and sloughing of the pond sidewalis.
Mr. McNabb was contacted by Chuck Cranford on March 4, 2008 and provided with the enclosed
findings.
1

MINE BLASTING COMPLAINT FORM
NAME OF PERMITTEE: Vulcan Materials
MINE NAME/MINING PERMIT NUMBER: Vulcan Materials - previously Penrose
Quarry
COUNTY: Transylvania
COMPLAINANT=S NAME: Steve McNabb
ADDRESS:
1:10MI01�:�•
APPROX. DISTANCE OF COMPLAINANT=S RESIDENCE TO MINE:
approximately 2,000 ft
DATES OF SEVERE BLASTS. unknown, ask Mr. McNabb
WEATHER CONDITIONS DURING THE BLASTS IN QUESTION, IF KNOWN:
NATURE OF COMPLAINT/COMMENTS Mr. McNabb states that his computer
walks across his desk during blasting activity. Also his roof has failed twice, and
he has vertical cracks through concrete blocks (not along mortar joints) in multiple
areas around his building.
INVESTIGATOR=S NAME: Starr Silvis and Chuck Cranford DWQ SWP
DATE COMPLAINT RECEIVED: 01/07/2008 site visit 1/15/2008

Re: Blasting complaint
Subject: Re: Blasting complaint
From: Judy Wehner <[e-mail]>
Date: Thu, 17 Jan 2008 10:28:44 -0500
To: Starr Silvis <[e-mail]>
I'm so sorry. I thought you were one of LQS staff. Thanks for doing
that! I will contact Mr. McNabb and VCM. TShanks again.
Starr Silvis wrote:
I have filled out and attached the form as
Judy Wehner wrote: .
> When you get a blasting complaint, please
attached form and send > it back to me.
> Starr Silvis wrote:
>> Judy,
you requested.
complete the
>> We received a complaint recently from a Mr. Steve McNabb
of Transylvania >> County. Mr. McNabb lives near the
Vulcan Quarry on HWY 64. His number is >> 828-884-4809.
Please feel free to contact me if you have any questions.
>> Thanks,
>> Starr
Starr Silvis, P.E. - [e-mail]
Environmental Engineer
North Carolina Dept. of Environment
Asheville Regional Office
Division of Water Quality - Surface
Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
and Natural Resources
Water Protection
"If there is magic on this planet, it is contained in
water."
Loren Eiseley
1 of 1 1/17/2008 2:22 PM

Vulcan Quarry Complaint
Subject: Vulcan Quarry Complaint
From: Starr Silvis <[e-mail]>
Date: Thu, 17 Jan 2008 14:21:55 -0500
To: Landon Davidson <Landon.Davidson@ncmail. net>
CC: Chuck Cranford <[e-mail]>, Starr Silvis
<[e-mail]>, [e-mail]
Landon,
Chuck and I went out to the Mr. McNabb complaint site. He does indeed have a large
amount of sediment that he has removed from his pond. We are planning to walk the
stream upstream from his pond as soon as we can secure permission from the adjacent
property owners. It is unclear if the sediment is coming from upstream or from
subsurface fissures. Do you think it is possible that sediment is traveling from Vulcan to
the pond via subsurface flow paths? The pond is at least 2,000 feet from the Vulcan site.
One other item of interest is that the Vulcan ponds did not go dry this summer even
during the drought. David Cade with Vulcan stated that the ponds did not lose water over
the previous summer. We have maps if you want to take a look. Any input or thoughts
on this are appreciated.
Starr
Starr Silvis, P.E. - [e-mail]
Environmental Engineer
North Carolina Dept. of Environment
Asheville Regional Office
Division of Water Quality - Surface
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
and Natural Resources
Water Protection Section
"If there is magic on this planet, it is contained in water.'"
Loren Eiseley
Starr Silvis, P.E. <Starr.Silvis(a-ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Surface Water Protection Section
1 of 1 1/17/2008 2:22 PM

f4i] XMIL-io -- ------
--------���------'---------------------------'--~--^�

0 VIAT Incident Report
Report Number,: 200800774 -_-�
Incident Type: . Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name. -
Incident Started: 03/11/2008
Company Name:
County: Transylvania-` q
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name: Denise Guthy
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone: I �1
Address
Pager/Mobile Phone: % 8 8712771
City/State/Zip:
Phone:
Material Category:
Estimated Qty: UOM
DD:MM:SS Decimal
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Latitude:
Position Accuracy:
Longitude: Position Datum:
Location of Incident: Lake Toxaway
Address: Main St
City/State/Zip Lal€e'-Toxaway /7 NC 28747
Report Created 03/11/08 04:05 PM Page I

Cause/Observation:
Directions:
Caller observed that Lake Toxaway was green. No dead fish
were observed. Caller had just gotten back into town and found
the lake was green in color. I explained that it might be from a
product called "Shade" which is used to prevent sunlight from
reaching into the water and which prevents the growth of algae.
Someone may have put it in a pond and it has gradually flowed
into Lake Toxaway.
Action Taken:
Incident Questions:
Comments:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Event Type
Incident closed
Requested Additional Information
Referred to Regional Office - Primary Contact
Report Entered
Event Date
2008-03-11 03:57:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 03/11/08 04:05 PM Page 2

PpRep7ortRe6eived
Incident Start
Standard Agencies Notified:
Agency Name
2008-03-11 03:25:00
2008-03-11 12:00:00
Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Janet Cantwell Janet Cantwell
Phone:
Date/Time: 2008-03-11 03:25:00 PM 2008-03-11 03:57:00 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 03/11/08 04:05 PM Page 3

Cause/Observation:
Caller observed that Lake Toxaway was green. No dead fish
were observed. Caller had just gotten back into town and found
the lake was green in color. I explained that it might be from a
product called "Shade" which is used to prevent sunlight from
reaching into the water and which prevents the growth of algae.
Someone may have put it in a pond and it has gradually flowed
into Lake Toxaway.
Action Taken:
Jim'Re d_attempted-to-contact complainant-but•thelphone
number -was incorrect on the -complaint -form: - —�
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Directions:
Comments:
Wait for additional calls=or_complaints. The callers information described
nothing�within D1NQ's jurisdiction.
Event Type Event Date
Incident closed
Requested Additional Information
Referred to Regional Office - Primary Contact
Report Entered 2008-03-11 03:57:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 04/02/08 09:25 AM Page 2

Potential Water Quality Violation
Subject: Potential Water Quality Violation
From: "John"<[e-mail]>
Date: Wed, 23 May 2007 16:53:02 -0400
To: <[e-mail]>
Kevin,
I was given your name as someone who would likely be willing to check out some grading/pond building
activity in a stream near DuPont State Forest. I got your voicemail today and decided this email may be
the best way to reach you this week.
The landowner has graded the sides of a draw and is putting an in -line pond in a tributary to Shoal
Creek. I see no erosion control efforts and have noticed silt downstream, and was told by some folks
who would know that the project is clearly not being built according to a permit; I suspect that no
permits have been obtained.
I am hoping that you'll be willing to check it out and do whatever you can to encourage the landowner to
correct any problems you see.
I am part of a group that owns the land containing the reach of Shoal Creek that is just downstream from
this parcel. We are working toward doing some stream restorations and other conservation
easements in the fields we own off of Sky Valley Road and in the fields off of Shoal Falls Road, and we
are concerned about the damage to the stream that might be created by the work I described above.
The property where the grading work is taking place is in Henderson County, and the parcel number is
9525778865. Please let me know if you need any more information. To access the property, you would
go from Crab Creek Road to DuPont Road, turn left on Sky Valley Road, and take the first left onto Old
Pace Farm Lane. Proceed up the hill for a few hundred feet and you will see the activity on your left.
For reasons you can imagine, I would like to remain anonymous in my reporting this potential violation
you you. If it is not possible to remain anonymous, please let me know this before you go out to the site.
Thank you in advance for your time and consideration.
John Witherspoon
Conservation Advisors of North Carolina
27 West Main St.
Brevard, North Carolina 28712
phone - 828-877-6404
facsimile - 828-877-6405
1 0 ' 1 10/25/2007 3:43 PM

�)S.S3- SAD �-
/000

u
Beginning on December.1, 2007 civil penalties may be assessed for SSOs based on
volume, volume reaching surface waters, duration, gravity, impacts to public health, fish
kills, or recreation area closures. Other factors considered in determining the amount of
the civil penalty are the violator's spill history, the cost of rectifying the damage, whether
the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this NOV or our policy relating to issuance of NOVs
or Civil Penalties for SSOs please contact Roy Davis in our Asheville Regional Office at
828-296-4659.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Asheville Region
Cc: PERCS Unit
Surface Water Protection Section Central Files
Barry Cook, CSORC, MSD
Roy Davis
NOV-2008-DV-0053
MSD.Collection System
Buncombe County

NC DENR - DIVISON OF WATER QUALITY
.0304 FRENCH BROAD RIVER BASIN
213 .0300
Class
Name of Stream
Description
Class
Date
Index No.
`Boylston Creek
From a point 0.3 mile
IV
08/01/98
6-52-(6.5)
upstream of Murray Branch
_
to French Broad River
jLyday Lake
Entire lake and connecting
WS-IV__
04/01/96
6-52-7
-
stream to Boylston Creek
Murray Branch
From source to Boylston
WS-IV
04/01/96
6-52-8
Creek
Crawford Branch
From source to Boylston
WS-IV
04/01/96
6-52-9
Creek
McKinney Branch
From source to Boylston
WS-IV
04/01/96
6-52-10
Creek
Sweetwater Branch
From source to Boylston
WS-IV
08/03/92
6-52-11
Creek
FRENCH BROAD RIVER
From a point 0.6 mile
WS-IV,B;CA
08/01/02
6-(52.5)
upstream of Mills River to
Mills River
Innisfree Lake
Entire lake and connecting
WS-IV;CA
04/01/96
6-53
stream to French Broad River
Mills River
From source to a point 0.5
WS-II;Tr,HQW
08/03/92
6-54-(1)
mile upstream of N.C. Hwy.
191
North Fork Mills River
From source to
WS-I;HQW
08/03/92
6-54-2-(1)
(Hendersonville Reservoir)
Hendersonville Water Supply
Dam
Big Creek
From source to
WS-I;HQW
08/03/92
6-54-2-2
Hendersonville Reservoir,
North Fork Mills River
Bee Branch
From source to Big Creek
WS-I;HQW
08/03/92
6-54-2-2-1
Fletcher Creek
From source to
WS-I;HQW
08/03/92
6-54-2-3
Hendersonville Reservoir,
North Fork Mills River
Spencer Branch
From source to Fletcher
WS-I;HQW
08/03/92
6-54-2-3-1
Creek
Middle Fork
From source to Fletcher
WS-I;HQW
06/03/92
6-54-2-3-2
Creek
North Fork Mills River
From Hendersonville Water
WS-II;Tr,HQW
08/03/92
6-54-2-(4)
Supply Dam to Rocky Fork
Long Branch
From source to North Fork
WS-II;Tr,HQW
08/03/92
6-54-2-5
Mills River
Wash Creek
From source to North Fork
WS-II;Tr,HQW
08/03/92
6-54-2-6
Mills River
Bad Fork
From source to Wash Creek
WS-II;Tr,HQW
08/03/92
6-54-2-6-1
Bear Branch
From source to Wash Creek
WS-II;Tr,HQW
08/03/92
6-54-2-6-2
North Fork Mills River
From Rocky Fork to North
WS-II,B;Tr,HQW
08/03/92
6-54-2-(7)
Fork Mills River Recreation
Area Swimming Pool Intake
24

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Proposed Wastewater Treatment Plant
Subject: Proposed Wastewater Treatment Plant
From: Roy Davis <[e-mail]>
Date: Tue, 12 Feb 2008 15:51:13 -0500
To: [e-mail], Roy Davis <[e-mail]>
A person has approached me asking if a treated wastewater discharge to a Boylston Creek tributary in
Henderson County is possible. Boylston Creek is classified WS-IV at that point. Wonder if you could
ride out with me to take a look at the site? Thanks, Roy Davis
Roy,Davis - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Roy Davis <[e-mail]>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
1 of 1 2/12/2008 3:51 PM

ws IV discharge
Subject: ws IV discharge
From: Susan Wilson <[e-mail]>
Date: Wed, 13 Feb 2008 09:24:23 -0500
To: Roy Davis <[e-mail]>
No problem (other than the usual) with discharges to WS IV. when the permit gets noticed - we send a
copy to DEH/PWS for review/comment. we can't approve the permit without their concurrence (which i
would not anticipate a problem with as long as it's not in a critical area).
Susan A. Wilson, P.E.
Supervisor, Western NPDES Program
(919) 733 - 5083, ext. 510
1617 Mail Service Center
Raleigh, NC 27699-1617
1 of 1 2/13/2008 10:00 AM

Incident Report
Report Number 2C0800075=
Incident Type: Complaint
Category: Surface Water
Incident Started: 01/07/2008
County: T�=ransylvanial
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip: Brevard NC 28712
Phone:
Material Category: Estimated Qty: UOM
l
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: Thomas McAuley
Company Name:
Address:
City/State/Zip: Brevard NC 28712
`_' / Phone: [phone] CXt234
Pager/Mobile Phone: /
6#)
Chemical Name . Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: Behind the Strykes Again Bowling Center in Brevard
Address: 37 Rosman Hwy
City/State/Zip Brevard NC 28712
Report Created 01/07/08 10:28 AM Page 1

0
Cause/Observation:
Caller is concerned about the sewage pipe (from the bowling
alley) which spans Bushy Creek and connects with city sewer; it
appears to be in bad shape and has been patched. It is alleged
that the City of Brevard has required the owner of the bowling
alley to replace the sewage pipe across the creek and also to
install a pump station for the bowling alley.
Caller is worried about the construction of the pump station
which has been started (August '07) about 3-4 feet from the
edge of Bushy Creek.
Owner is constructing this in phases.
Caller stated that the City of Brevard said the pipe had been
damaged/washed out during the last flooding of the creek.
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Event Type Event Date
Incident closed
Requested Additional Information
Referred to Regional Office - Primary Contact
Directions:
Comments:
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Report Created 01/07/08 10:28 AM Page 2

k '
1
5-Day Report Entered 2008-01-07 09:58:43
Incident Start 2008-01-07 09:30:00
Report Received 2008-01-07 09:30:00
Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Janet Cantwell
Phone:
Date/Time: 2008-01-07 09:30:00 AM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 01/07/08 10:28 AM Page 3

JAI �°
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E
QUARTERLY REPORT
15t Quarter
This represents the 1st Quarter report for the time period of October 1; 2007 to
December 31, 2007 for the team made up of Roy, Keith, Wanda and Janet.
ACCOMPLISHMENTS:
Inspections 33
NOVs 48 -"�' �
CPAs 42� 1-t��
Complaints 9
Fast Track Permits 46
Cc: Keith Haynes
Wanda Frazier
Janet Cantwell
1st Quarter Report, 07-08
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Directions from Jeremy Owen
Subject: Directions from Jeremy Owen
From: "Jeremy Owen" <[e-mail]>
Date: Wed, 17 Oct 2007 15:12:35 -0400
To: <[e-mail]>
Hi Kevin,
Directions to the property in question are:
PAN d owo-ez
64W through Brevard to Right on Hwy 215N. Right on Clinic Rd to immediate Left onto Shoal
Creek Rd. Property begins just past church and cemetery on Right. Large sign with 'Sweetwater
Ridge' and Steve Owen and Associates 'Lots for Sale' at entrance.
Continue on main road to bridge to see creek bed. Intake is accessible just across bridge and to
the left.
Thank you, and let me know if there's anything I can do to help. I'd be happy to meet you there
if needed.
Jeremy
Jeremy S. Owen
Steve Owen and Associates
22 West Main St.
Brevard, NC 28712
www.jeremysowen.com
[e-mail]
828.877.6006 Ext. 24 Office
828.877.6606 Fax
828.507.1485 Mobile
1 of 1 10/25/2007 3:43 PM

n Wood Products
Subject: Cold Mountain Wood Products
From: Chris Scott <[e-mail]
Date: Mon, 24 Sep 2007 15:20:13 -0400
To: Linda Wiggs <[e-mail]
Here are pictures from a facility that DAQ has received some complaints about. I just finished a draft
of a report documenting what I saw related to air quality. That report, with a few more pictures is on
the LAN, here:
G:\WPDATA\DEMAQ\PRSSyyAi\UNPERMIT\Cold Mountain Wood Products
The lot that this company occupies has been cleared within a few feet of Bearwallow Creek, but I don't
think the current owner did the clearing. Pictures IMG_0058 and IMG 0058 show the creek crossing under
Hwy 64 and within maybe 5 feet of the gravel lot. IMG_0061 is the lot line along the creek. I meant
for IMG_0067 to show the tendency of rainwater to run towards the back of the property and into the
creak. but I'm not sure how useful any of these pictures are if you have not been there. Feel free to
stop by or call if you have questions. My gut feeling is that sawdust and maybe other waste is washing
down into the creek, but I don't know if this could be a significant source of lead. The main pile is
sawdust is nearly the most distant corner of the property from the creek.
I'm waiting
pass this on
for additional information so we can determine if they need an air permit. I also want to
the Brent Burch in case this is a haz waste issue.
Chris Scott, Environmental Engineer I
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Air Quality
2090 US70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
www.ncair.org
/kc �1
1 of 4 10/2/2007 10:43 AM

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[Fvid: Re: Lumber Mill/Lead Paint[Fwd: Fw: Saphire NC]]
Subject: [Fwd: Re: Lumber Mill/Lead Paint[Fwd: Fw: Saphire NC]]
From: Chris Scott <[e-mail]>
Date: Tue, 02 Oct 2007 11:23:56 -0400
To: Linda Wiggs <[e-mail]>
Linda,
Here's that email from yesterday. You weren't copied
Brent said: "We are going to issue an NOV to the facility requesting them to
conduct a waste determination on the sawdust pile generated from the resaw."
Chris Scott, Environmental Engineer I
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Air Quality
2090 US70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
www. . ricai r . orq
Subject: Re: Lumber Mill/Lead Paint[Fwd: Fw: Saphire NC]
From: Brent Burch <[e-mail]>
Date: Mon, 01 Oct 2007 10:53:43 -0400
To: Steve Lewis <[e-mail]>
CC: [e-mail], Keith Haynes <[e-mail]>,
[e-mail], Deborah Aja <[e-mail]>, Chris Scott
<[e-mail]>, Robert Nelms <[e-mail]>
I visited the site on 9/25/07. The facility has what they refer to as a resaw which is used to removed
the skin off of any beams, boards, etc. with paint on them. Due to the age of the beams and boards,
the paint could be lead based. The skins are sold "as is" for reuse by persons wanting to use them for
a weathered/original/rustic look, while the remaining unpainted beam or board is also sold for reuse.
Depending on the shape of the beam or board, or if a side is painted, the resaw blade could potentially
come in contact with paint. We are going to issue an NOV to the facility requesting them to conduct a
waste determination on the sawdust pile generated from the resaw. This was the only area
determined to have potential hazardous waste issues..... Brent.
Steve Lewis wrote:
Forwarded from an attorney at EPA. If there's anything to it, let me know and I'll get back to her.
Thanks.
Subject:
Fw: Saphire NC
From: Rhame.Kenneth(a-),epamail.epa.gov
1 of 4 10/2/2007 1:13 PM

[F-A: Fie: Lumber Mill/Lead Paint[Fwd: Fw: Saphire NC]]
Date: Wed, 12 Sep 2007 17:45:00 -0400
To: james.bateson(c ncmail.net, robert.nelms(-)ncmail.net, steve.lewispncmail.net
To: james.bateson(&,,ncmail.net, robert.nelms(a,ncmail.net, steve.lewis(a ncmail.net
This is a email from a Region 4 EPA attorney ,Lisa Ellis. I'm not sure
if this is a waste issue, air issue???
Maybe not an issue???
Not quite sure what's going on here.
----- Original Message -
From: Lisa Ellis
Sent: 09/12/2007 04:29 PM
To: Kenneth Rhame
Subject: Re: Saphire NC
Hey Ken
Thanks for offering to help with checking this out. Here is the
information I have: there is a lumber mill in Sapphire called Cold
Mountain Wood Products that is operated by Anne Ramey and the number for
the mill is 828-885-5162. The mill is on the main road going through
town, Route 64, and it is downtown. It is located next to a lower
income neighborhood and it blows sawdust and possibly other particulates
all over the neighborhood. An elderly lady lives next door and her
house is covered with the sawdust. She recently had to get her roof
replaced. The mill has been in operation for about a year and it uses
reclaimed lumber which it chops up to use as decorative material in
houses being built in the area. Some of the wood is from old barns and
other buildings that are covered with lead paint. A citizen of the
town, Jo Brooks (phone number 828-884-6011) went to the hardware store
and bought a test to use on a piece of wood the mill was using to see if
it would test posively for lead. It did. The mill does not have a
containment system for its sawdust and there are piles of it on the
property. The facility is located next to a stream and milling
operations are conducted in close proximity to the stream. There is an
exhaust pipe that directs sawdust from inside the building to the
outdoors. It has broken loose from the building twice in the last three
months and the neighborhood next door has been covered with sawdust.
When the pipe breaks off of the building, it is repaired with a type of
"saran wrap" which has not been an effective way to reattach the pipe.
Residents are concerned about what might be in the mill's sawdust that
is scattered all over their neighborhood and also about what might be
going into the adjacent waterway.
Thanks for any information you can uncover. I'll look forward to
finding out what you discover.
Lisa Ellis
Associate Regional
U.S. Environmental
61 Forsyth Street
Atlanta, GA 30303
tel: [phone]
fax: [phone]
Counsel
Protection Agency
Kenneth
Rhame/R4/USEPA/U
S
Lisa Ellis/R4/USEPA/US@EPA
09/12/2007 03:49
To
cc
2 of 4 10/2/2007 1:13 PM

[Fwd: Re: Lumber Mill/Lead Paint[Fwd: Fw: Saphire NQ
PM
Subject
Saphire NC(Document link: Lisa
Ellis)
SAPHIRE:
Let me know the details and I will have someone look into it or I will
do it myself and get back to you.
----- Original Message -----
From: Lisa Ellis
Sent: 09/10/2007 11:34 AM
To: Kenneth Rhame
Cc: Jim McGuire; Suzanne Rubini
Subject: Re: Goodyear: GOOD NEWS!!!
Great - could you please send it to me first? Then, I'll forward it to
their attorney.
Thanks.
Lisa Ellis
Associate Regional Counsel
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, GA 30303
tel: [phone]
fax: [phone]
Kenneth
Rhame/R4/USEPA/U
S To
Lisa Ellis/R4/USEPA/US@EPA,
09/10/2007 11:24 [e-mail],
AM [e-mail]
cc
Subject
Re: Goodyear: GOOD NEWS!!!
(Document link: Lisa Ellis)
I can have a scope of work to them by the end of the week.
--- Original Message -----
3 c F 4 10/2/2007 1:13 PM

[Fwd: Re: Lumber Mill/Lead Paint[Fwd: Fw: Saphire NC]]
From: Lisa Ellis
Sent: 09/10/2007 11:04 AM
To: Kenneth Rhame; Annette Hill;
Rubini
Subject: Goodyear: GOOD NEWS!!!
i
Tony Moore; Jim McGuire; Suzanne
i
l
Goodyear called and said they reviewed all the 104e responses we
received and, like us, they saw no smoking guns about other PRPs at the
Site. Therefore, they are willing tolenter into negotiations on an AOC
to do the work at the Site. They asked to see a detailed Scope of Work
before we begin talking about the terms of the AOC. I said I would call
Goodyear back when I found out when we could have something like that
sent to them. So, please let me know:
Lisa Ellis
Associate Regional
U.S. Environmental
61 Forsyth Street
Atlanta, GA 30303
tel: [phone]
fax: [phone]
Counsel
Protection Agency
Brent Burch <Brent.Burch(a,ncmail.net>
Western Area Compliance Supervisor
NCDENR - Hazardous Waste Section
Chris Scott <Chris.Scott(a,ncmail.net>
NC DENR - Asheville Regional Office
Division of Air Quality
Re: Lumber Mill/Lead Paint[Fwd: Fw: Saphire NC].eml Content -Type: message/rfc822
Content-Enco ding: 7bit
4 of 4 10/2/2007 1:13 PM

�l
CERTIFIED MAIL
RETURN RECEIPT REQUESTED.
Ms. Eveline DeVoto
P. O. Box 702
Etowah, North Carolina 28729
Dear Ms. DeVoto:
M'i hael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 5, 2006
7005 0390 00013552 9371.
Subject: NOTICE OF VIOLATION
NOV-2006-WQ-0005
401 Certification Violation
Transylvania County
Several months ago Ms. Kerry Becker of the Division of Water Quality investigated a
complaint regarding fencing that had been installed in King Creek. Upon learning that you
were the owner of the fence, she spoke with you directly of the need to remove the fence from
the creek re-establishing it further up the creek bank. A 401 certification is required prior to the
construction and installation of structures in surface waters and failure to obtain this
certification is a violation of 15A N. C. Administrative Code 21-1.0500. To date no certification
exists for this project.
You should also be aware that the fence is obstructing the flow of water during storm events
resulting in the flooding of neighboring properties. This is a violation of North Carolina
General Statute 77-14 regarding obstruction of streams and is enforceable by local law
enforcement agencies as well as officers of the N. C. Wildlife Resources Commission. In
addition to this, flooding of neighboring properties as a result of your actions subjects you to
civil action by those neighbors.
Please provide written correspondence within 10 days receipt of this letter stating the time
frame in which the fence will be relocated out of the creek. Failure to respond to this notice or
to remove the. fence from the creek will result in the initiation of enforcement proceedings
against you. If you should have any questions, please contact Ms. Becker at 828-296-4500.
Sincerely,
f-ogaerxEdwards, Supervisor
Surface Water Protection
cc: N. C. Wildlife Resources
Transylvania County Sheriff's Dept.
Danny Smith, NPS Compliance and Assistance Unit
U. S. Army Corps of Engineers NorthCarolin
vvatlrrallil
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Customer Service
Internet: www.ncwaterquality.org FAX [phone]-
C� 623-6748
/�//� An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

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_ _ �;���
1� fI
�' I
��.'
'��l
. 1�� ' i;
�� �.�
''
i t.
�I
iI
I �'

June 1, 2007
N.C. Division of Water Quality
512 N. Salisbury St.
Raleigh. NC 27604
Gentlemen:
OR"17 Jrj` . a
'F.
�...j
%RATER C1�i� Li-
R St nil; walae
'There is a situation that we feel should be brought to your attention.
Recently we took a drive up Glady Fork Road (State Rd. 1153) outside Brevard in
'frasyLr. We were somewhat dismayed to see that someone had cut a road
down and across the river bed and up the side of the mountain on the other side. This is
just above Lil Buttermilk Falls. Already there has been some erosion from the road
leading up the mountain.
We are not engineers but we can foresee major problems when we start getting our
summer rainfalls (hopefully).. Having lived in the area we know what has happened when
there have been heavy rains.
Hopefully someone has already brought this matter to your attention. But we are
concerned as to what might develop in the future unless it is addressed.
Sincerely,
Concerned Residents
W4
i
a1
/�c/11i/'rivU
5
Ca'f

NC Division of Water Quality Laboratory Section Results
Loc. Descr.:
NO LOCATION CODE
Location ID:
AROAPNLC
Sample ID:
AB02030
County:
TRANSYLVANIA
PO Number #
6W1616
River Basin
VisitlD
Report To
AROSP
Region:
ARO
Date Received:
03/1012006
Collector:
L WIGGS
Time Received:
08:40
Sample Matrix:
Surfacewater
Labworks LoginlD
DSA
Loc. Type:
RIVER/STREAM
Date Reported:
04/03/2006
Sample Depth
Collect Date:
03/08/2006
Collect Time::
12:00
nalyte Name PQL Result Qualifier Units Approved By
LAB
Sample temperature at receipt by lab
VOL
Benzene
Toluene
Ethylbenzene
m,p-Xylene
o-Xylene
2-Chloroethyl vinyl ether
Methyl-tert-butyl ether
0.9
°C JGOODWIN
1 Not detected
ug/L
RKELLING
1 Not detected
ug/L
RKELLING
1 Not detected
ug/L
RKELLING
2 Not detected
ug/L
RKELLING
1 Not detected
ug/L
RKELLING
- X
ug/L
RKELLING
5 Not detected
ug/L
RKELLING
0�a
y 1'-s 10P�
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
Page 1 of 1

DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Water Quality
W❑ SAMPLE TYPE
COUNTY TRANSLYVANIA
PRIORITY
RIVER BASIN:
AMBIENT QA
l STREAM
EFFLUENT
REPORT TO ARO Regional Office
X❑ COMPLIANCE CHAIN OF CUSTODY
LAKE
INFLUENT
Other _
EMERGENCY VISIT ID
ESTUARY
COLLECTOR(S) : L WIGGS
Lab Number
AB02030
Date Received :
3/102006
Time Received :
8:40 AM
Received By
HMW
�
n
Data Released
SM
Date Reported :
3/31 /2006
Estimated BOD Range: Station Location: UT BELOW
Seed: Chlorinated: Remarks:
Station # Date Begin (yy/mm/dd) Date End (yy/mm/dd) Time Begin Time End I Depth - DM, DB, DBM Value Type- A, H, L Composite-T, S, Sample Type
20060308 1 1200
BOD 310 mg/L
COD High 340 mg/L
COD Low 335 mg/L
Coliform: MF Fecal 31616 /loom[
Coliform: MFTotal 31504 /loom[
Coliform: tube Fecal 31615 /looml
Colifomt: Fecal Strep 31673 /loom]
Residue: Total 500 mg/L
Volatile 505 mg/L
Fixed 510 mg/L
Residue: Suspended 530 mg/L
Volatile 535 mgfL
Fixed 540 mg/L
PH 403 units
Acidity to pH 4.5 436 mg/L
Acidity to pH 8.3 435 mg/L
Alkalinity to pH 8.3 415 mgfL
Alkalinity to pH 4.5 410 mg/L
TOC 680 mg/L
Turbidity 76 NTU
Coliform Total Tube '7100 mis
Chloride 940 mg/L
Chi a: Tri 32217 ug/L
Chi a: Corr 32209 ug/L
Pheophytin a 32213 ug/L
Color: True 80 C.U.
Color: (pH ) 83 pH= C.U.
Color: pH 7.6 82 C.U.
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness Total 900 mg/L
Specific Cond. 95 umhos/cm
MBAS 38260 mg/L
Phenols 32730 ug/L
Sulfate 945 mg/L
Sulfide 745 mg/L
Boron
Tannin & Lignin ug/L
Hexavalent Chromium ug/L
Bicarbonate mg/L
Carbonate mg/L
Total Dissolved Solids mg/L
COMMENTS:
APR - 5 2006 -
WATER QUALITY SEC T IOINI
__ ASHEVILLE REGIONAL OFFICE _4

DIVISION OF ENVIONM EFor Lab Use ONLY
R N AjLWATER QUALITY FIELD -LAB FORM (DM1)
/
/]
(,eJ/y)
COUNTY
,„„MANAGEMENT
l d i A0_ PRIORITY
SAMPLE TYPE
RIVER BASIN
,,Cr [:]AMBIENT
STREAM
El EFFVENT
REPORT TO:
RO FRO MRO RRO WaRO WiRO WSRO TS Qp
AT BM
121COMPLIANCE ❑ CHAIN
❑LAKE
❑ INFLUENT
Other
Other
OF CUSTODY
❑EMERGENCY
Aa
ry
Shi d b B
C S E O h
ESTUARY
D� 0
ppe Y. us urier, taf t er
COLLECTOR (S):
Estimated BOD Range: 0-5/5-/25-65/40-130 or 100 plus
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑
Lab Number:
Date Received: 3 Time
Rec'd by: kAFrom: Bus- e -Hand Del
DATA ENTRY BY: CK:
DATE REPORTED:
STATION LOCATION:
REMARKS:
Statian #
Date Begin (yy/mm/dd)
Time Begin
Date End
Time End
Depth DM DB DBM
Value Type
Composite
Sample Type
V I 3 i�
l Q
A H L
T S B
C G GNXX
1
BOD5 310 mg/I
2
COD High 340 mg/I
3
COD Low 335 mg/1
4
Coliform: MF Fecal 31616 /100ml
5
Coliform: MF Total 31504 /100m1
6
Coliform: Tube Fecal 31615 /100m1
7
Coliform:. Fecal Strep 31673 /100ml
8
Residue: Total 500 rug/l
9
Volatile 505 mg/1
10
Fixed 510 mg/l
11
Residue: Suspended 530 mg/l
12
Volatile 535 mg/l
13
Fixed 540 mg/l
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/1
18
Alkalinity to pH 4.5 410 mg/I
19
TOC 680 mg/l
20
Turbidity 76 NTU
Chloride 940 mg/I
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/I
Fluoride 951 mg/1
Formaldehyde 71880 mg/I
Grease and Oils 556 mg/1
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/l
Phenols 32730 ug/I
Sulfate 945 mg/I
Sulfide 745 mg/1
NH3 as N 610 mg/1
TKN as N 625 mg/l
NO2 plus NO3 as N 630 mgA
P: Total as P 665 mg/1
PO4 as P 70507 mgA
P: Dissolved as P 666 mg/I
CdCadmium 1027 ugA
CrChromium:Tota11034 ugA
Cu-Copper 1042 ug/l
Ni-Nickel 1067 ug/I
Pb-Lead 1051 ug/l
Zn-Zinc 1092 ug/I
Ag-Silver 1077 ug/I
Al -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mgA
Co -Cobalt 1037 ug/I
Fe -Iron 1045 ugA
LI-Lithium 1132 ug/1
Mg -Magnesium 927 mg/1
Mn-Manganese 1055 ug/I
Na-Sodium 929 mg/l
Arsenic -Total 1002 ug/l
Se -Selenium 1147 ug/l
Hg-Mercury 71900 ug/l
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 (C)
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 1.
400 •
82244 1 431
82243 182242
20
Salinity %
Precipition On/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
Mean Stream Depth ft.
Stream. Width fL
480
45
32
36
1351
1350
35
64
4
DM1/Revised 10/86

REPORTED BY
CHECKED BY
REVIEWED BY
SAMPLE TYPE:
AT A'
lie t4
WATER
ENR/DWQ LABORATORY
VOLATILE ANALYTICAL REPORT
ANALYTICAL RESULTS
LAB NO. AB02030
SUPERVISOR
DATE
ENTERED BY
DATE
............................................
11OE17ARGETLQMPL3UND: Ei:i: E :i::i:::::iE3?QL
•. •.
DETECTED
•...,... ,-..,.,.,... •. •.......
::i:Vd..TARc3E...CtSM
. ;;.:A:.. ; •MP :;..;.
.i�EINQ::::;:::::,.•.•._.QL...........pl
::::P :.:::::::::..
C..£4.:
::':S
........
75-71-8
Dichlorodifluoromethane
1.0
X
630-20-6
1,1,1,2-Tetrachloroethane
0.25 X
74-87-3
Chloromethane
0.50
X
75-25-2
Bromoform
1.0 X
75-01-4
Vinyl Chloride
0.50
X
79-34-5
1,1,2,2-Tetrachloroethane
0.25 X
74-83-9
Bromomethane
0.50
X
96-18-4
1,2,3-Trichloropropane
0.25 X
75-00-3
Chloroethane
0.50
X
108-86-1
Bromobenzene
0.25 X
75-694
Trichlorofluoromethane
0.50
X
95A9-8
2-Chlorotoluene
0.25 X
75-35-4
1,1-Dichloroethene
0.25
X
106-43-4
4-Chlorotoluene
0.25 X
75-09-2
Methylene Chloride
10
X
541-73-1
1,3-Dichlorobenzene
0.25 X
156-60-5
trans-1,2-Dichloroethene
0.25
X
106-46-7
1,4-Dichlorobenzene
0.25 X
75-34-3
1,1-Dichloroethane
0.25
X
95-50-1
1,2-Dichlorobenzene
0.25 X
594-20-7
2,2-Dichloropropane
0.25
X
96-12-8
1,2-Dibromo-3-Chloropropane
2.0 X
156-59A
cis-1,2-Dichloroethene
0.25
X
120-82-1
1,2,4-Trichlorobenzene
0.50 X
67-66-3
Chloroform
0.25
X
87-68-3
Hexachlorobutadiene
0.50 X
74-97-5
Bromochloromethane
0.25
X
87-61-6
1,2,3-Trichlorobenzene
1.0 X
71-55-6
1,1,1-Trichloroethane
0.25
X
1634-04-4
Methyl-tert-butyl ether
5.0 U
563-58-6
1,1-Dichloropropene
0.25
X
71-43-2
Benzene
1.0 U
56-23-5
Carbon Tetrachloride
0.25
X
108-88-3
Toluene
1.0 U
107-06-2
1,2-Dichloroethane
0.25
X
100-41-4
Ethyl benzene
1.0 U
79-01-6
Trichloroethene
0.25
X
108-38-3
m,p-Xylenes
2.0 U
78-87-5
1,2-Dichloropropane
0.25
X
95-47-6
o-Xylene
1.0 U
75-27A
Bromodichloromethane
0.25
X
100-42-5
Styrene
0.25 X
74-95-3
Dibromomethane
1.0
X
98-82-8
Isopropylbenzene
0.25 X
10061-01-5
cis-1,3-Dichloropropene
0.25
X
103-65-1
n-Propylbenzene
0.25 X
10061-02-6
trans-1,3-Dichloropropene
0.25
X
108-67-8
1,3,5-Trimethylbenzene
0.25 X
79-00-5
1,1,2-Trichloroethane
0.25
X
98-06-6
tert-Butylbenzene
0.25 X
127-18-4
Tetrachloroethene
0.25
X
95-63-6
1,2,4-Trimethylbenzene
0.25 X
142-28-9
1,3-Dichloropropane
0.25
X
135-98-8
sec-Butylbenzene
0.25 X
124-48-1
Dibromochloromelhane
0.25
X
99-87-6
p-isopropyltoluene
0.25 X
106-93A
1,2-Dibromoethane
0.25
X
104-51-8
n-Butylbenzene
0.25 X
108-90-7
Chlorobenzene
0.25
X
91-20-3
Naphthalene
0.50 X
mg/L mg1L
PQL
Practical Quantitation Limit- Subject to
Ga'sblirie Range:Estimated:Tdtal:Pefroleuiri:Hydroca.tiori;::
0.20 X
change due to instrument sensitivity
.............................................
N-
Tentatively Identified, not confirmed
Other purgeables
detected
Detected
J-
Estimated Value
(up to 10 highest peaks)
ug/L
U-
Samples analyzed for this compound but not
detected
X-
Sample not analyzed for this compound
LARGE MASS OF LATE -ELUTING PEAKS
N3-
Estimated concentration is <PQL and >MDL
DETECTED BY GC/PID.
P
Elevated PQL due to matrix interference and/or sample dilution
COMMENTS: NOT ANALYZED FOR 2-CHLOROETHYL VINYL ETHER

NC Division of Water Quality Laboratory Section Results
Loc. Descr.:
NO LOCATION CODE
Location ID:
AROAPNLC
Sample ID:
AB02029
County:
Transylvania
PO Number#
6W1615
River Basin
VisitlD
Report To
AROSP
Region:
ARO
Date Received:
0311012006
Collector:
L WIGGS
Time Received:
08:40
Sample Matrix:
Surfacewater
Labworks LoginlD
DSA
J
Loc. Type:
Sample Depth
RIVER/STREAM
Date Reported:
04/03/2006
f O
I 7 I
Collect Date:
.03/0812006
Collect Time::
11:50
nalyte Name PQL Result Qualifier Units Approved By
LAB
Sample temperature at receipt by lab
0.9
°C
JGOODWIN
VOL
Benzene
1
Not detected
ug/L
RKELLING
Toluene
1
Not detected
ug/L
RKELLING
Ethylbenzene
1
Not detected
ug/L
RKELLING
m,p-Xylene
2
Not detected
ug/L
RKELLING
o-Xylene
1
Not detected
ug/L
RKELLING
2-Chloroethyl vinyl ether
-
X ug/L
RKELLING
Methyl-tert-butyl ether
5
Not detected
ug/L
RKELLING
VOC'S BY GC/PID
Not detected
ug/L
RKELLING
h
APR - 5
2006
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
Page 1 of 1

DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Water Quality
.
W❑ SAMPLE TYPE
COUNTY TRANSYLVANIA
RIVER BASIN:
PRIORITY
0 AMBIENT ❑ QA
X❑ STREAM
❑ EFFLUENT
REPORT TO ARO Regional Office
X❑ COMPLIANCE CHAIN OF CUSTODY
1:1LAKE
❑ INFLUENT
Other : _
EMERGENCY VISIT ID
ESTUARY
COLLECTOR(S)
0
L WIGGS
Estimated BOD Range: Station Location: UT ABOVE
Seed: Chlorinated: Remarks:
Station 9 Date Begin (yy/mm/dd) Date End (yy/mm/dd) Time Begin Time End I Depth - DM, DB, DBM Value Type- A, H, L Composite-T, S, t Sample Type
20060308 1150
BOD 310 mg/L
COD High 340 mg/L
COD Low 335 mg/L
Coliform: MF Fecal 31616 /100m1
Coliform: MF Total 31504 /100ml
Coliform: tube Fecal 31615 /loom]
Coliform: Fecal Strep 31673 /100MI
Residue: Total 500 mg/L
Volatile 505 mg/L
Fixed 510 mg/L
Residue: Suspended 530 mg/L
Volatile 535 mg/L
Fixed 540 mg/L
pH 403 units
Acidity to pH 4.5 436 mg/L
Acidity to pH 8.3 435 mg/L
Alkalinity to pH 8.3 415 mg/L
Alkalinity to PH 4.5 410 mg/L
TOC 680 mg/L
Turbidity 76 NTU
Coliform Total Tube "/100 mis
Chloride 940 mg/L
Chi a: Tri 32217 ug/L
Chi a: Corr 32209 ug/L
Pheo hytin a 32213 ug/L
Color: True 80 C.U.
Color: (H ) 83 pH= C.U.
Color. pH 7.6 82 C.U.
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness Total900 mg/L
Specific Cond. 95 umhos/cm
MBAS 38260 mg/L
Phenols 32730 ug/L
Sulfate 945 mg/L
Sulfide 745 mg/L
Boron
Tannin & Lignin ug/L
Hexavalent Chromium ug/L
Bicarbonate mg/L
Carbonate mg/L
Total Dissolved Solids mg/L
NH3 as N 610 mg/L
TKN an N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg(L
PO4 as P 70507 mg/L
P: Dissolved as P 666 mg/L
K-Potassium mg/L
Cd-Cadmium 1027 ug/L
Cr-Chromium:Total 1034 ug/L
Cu- Copper1042 ug/L
Ni-Nickel 1067 ug/L
Pb- Lead 1051 ug/L
Zn- Zinc 1092 ug/L
V-Vanadium ug/L
Ag- Silver 1077 ug/L
Al- Aluminum 1105 ug/L
Be- Beryllium 1012 ug/L
Ca- Calcium 916 mg/L
Co- Cobalt 1037 ug/L
Fe- Iron 1045 ug/L
Mo-Molybdenum ug/L
Sb-Antimony ug/L
Sn-Tin ug/L
TI-Thallium ug/L
Ti-Titanium ug/L
Hg-1631 ng/L
Li -Lithium 1132 ug/L
Mg- Magnesium 927 mg/L
Mn-Manganese 1055 ug/L
Na- Sodium 929 mg/L
Arsenic:Total 1002 ug[L
Se- Selenium 1 ]47 ug/L
Hg- Mercury 71900 ug/L
Ba-Barium ug/L
Organochlorine Pesticides
Organo hosphorus Pesticides
Acid Herbicides
Base/Neutral&Acid Extractable Organics
TPH Diesel Range
Purgeable Organics (VOA bottle re 'd)
TPH Gasoline Range
X
1TPHJBTEX Gasoline Range
Phytoplankton
I l l 7 5=
ilrt`I
Ll
Li
i
LWill
ASIFI-V;
�I
APR - 5 2006
k
i
R OUPUTY SECTION
LL_ R--!Ci�i,1L c-jc---=1CF

DIVISION OF ENVIRONM
For Lab Use ONLY V -
ENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (1jM1)
COUNTY
PRIORITY
SAMPLE TYPE
C
RRIVERBASIN
❑AMBIENT ❑
❑
REPORT TO: AR FRO MRO RHO WaRO WIRO WSRO TS
QA
SU TREAM
EFFLUENT
Otherer
El
❑
El
Ot
Shipped -by; Bus Courier, Staff, Other
COMPLIANCE CHAIN
OF CUSTODY
❑EMERGENCY
LAKE
❑ESTUARY
INFLUENT
v
Lab Number /
Date Receiv4;d;r Time: CJ
Rec'd by: From: Bus- ourr r-Hand Del
DATA ENTRY BY: CK:
DATE REPORTED-
COLLECTOR(S):
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION:
Seed: Yes ❑ No Chlorinated: Yes ❑ No ❑ REMARKS:
= Statiom# Date Begin (yy7mm/dd)` Date -End- ]Tfiriie End De of DM DB`DBM Value -Type Com polite 7Sample Type
A H L T. S B C G GNXX
1
BOD5 310 mg/1
2
COD High 340 mgA
3
COD Low 335 mg/1
4
Coliform: MF Fecal 31616 /1100ml
5
Coliform: MF Total 31504 /100ml
6
Coliform: Tube Fecal 31615 /loom]
Coliform:. Fecal Strop 31673 /loom]
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/I
13
Fixed 540 mg/1
14
pH 403 units
15
Acidity to pH 4.5 436 mg/l
16
Acidity to pH 8.3 435 1mg/1
17
Alkalinity to pH 8.3 415 mg/l
18
Alkalinity to pH 4.5 410 mg/1
19
TOC 690 mgA
20
Turbidity 76 NTU
Chloride 940 mg/1
Chi a: Tri 32217. ug/I
Chi a: Corr 32209 ug/l
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color -.(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/1
Fluoride 951 mg/I
Formaldehyde 71880 mg/1
Grease and Oils 556 mg/1
Hardness Total960 mg/I
Specific Cond. 95 aMhos/cm2
MBAS 38260 mg/I
Phenols 32730 ug/I
Sulfate 945 mg/1
Sulfide 745 mg/l
NH3 as N 610 mgA
TKN as N 625 mg/l
NO2 plus NO3 as N 630 mgA
P: Total as P 665 mg/1
PO4 as P 70507 mgA
P: Dissolved as P 666 mgA
Cd•Cadmium 1027 ugA
Cr-Chromfum:Tota11034 ug/1
Cu-Copper 1042 ug/I
Ni-Nickel 1067 ug/I
Pb-Lead 1051 ug/l
Zn Zinc 1092 ugA
Ag-Silver 1077 ug/I
AI -Aluminum 1105 ug/l
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mgA
Co -Cobalt 3037 ugA
Fe -iron 1045 u9/1
Li -Lithium 1132 ug/I
Mg -Magnesium 927 mg/I
Mn-Manganese 1055 ug/I
Na-Sodium 929 mg/l
Arsenic:Total 1002 ug/I
Se -Selenium 1147 ug/l
Hg-Mercury 71900 ug/l
Organochlorine Pesticides -
Organophosphorus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton-.
AV
Sampling Point %
Conductance at 25 C
Water Temperature (C)
D.O. mg/1
PH
Alkalinity
Acidity
Air Temperature (C)
pH.B 3 pH 4.5
pH 4.5 pH 8.3
2
94
10
300. .
400 •
82244 431
82243 182242
20
Salinity %
Precipition (in/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind. Velocity M/H
Mean Stream Depth ft.
Stream Width ft.
480
145
132
136
1351
1350
135
14
DM1/Revised 10/8i.

LAB No. AB02029
REPORTED BY AT A?e
CHECKED BY
REVIEWED BY
SAMPLE TYPE: WATER
ENR/DWQ LABORATORY
VOLATILE ANALYTICAL REPORT
ANALYTICAL RESULTS
SUPERVISOR
DATE
ENTERED BY
DATE �L
TEif::
:;.. 15UL 16o.............. e.Or an c....................... PQL ::::::`•: R
.........................................P,.QL...........RE5l3L............_._....-.-.-.�.-.-..-.-.-.....................,9.,._...,.,.•._.,.........,...,...,.,..._.........-...........,...........................,.......,.
1
.:T:argl:tiCtiinpAund�.�.-.-.�.-.•.•.�........•.•.:.-.-.•.-ugiF:.�...�.�.�.-:ugiL-.-.-.-.�.�.•.-.-.:.;..�........... .......:::....ug,L.....:
75-71-8
Dichlorodifluoromethane
1.0
X
630-20-6
1,1,1,2-Tetrachloroethane
0.25
74-87-3
Chloromethane
0.50
X
75-25-2
Bromoform
1.0
75-01-4
Vinyl Chloride
0.50
X
79-34-5
1,1,2,2-Tetrachloroethane
0.25
74-83-9
Bromomethane
0.50
X
96-18-4
1,2,3-Trichloropropane
0.25
75-00-3
Chloroethane
0.50
X
108-86-1
Bromobenzene
0.25
75-69-4
Trichlorofluoromethane
0.50
X
95-49-8
2-Chlorotoluene
0.25
75-35-4
1,1-Dichloroethene
0.25
X
106-43-4
4-Chlorotoluene
0.25
75-09-2
Methylene Chloride
10
X
541-73-1
1,3-Dichlorobenzene
0.25
156-60-5
trans-1,2-Dichloroethene
0.25
X
106-46-7
1,4-Dichlorobenzene
0.25
75-34-3
1,1-Dichloroethane
0.25
X
95-50-1
1,2-Dichlorobenzene
0.25
594-20-7
2,2-Dichloropropane
0.25
X
96-12-8
1,2-Dibromo-3-Chloropropane
2.0
156-59-4
cis-1,2-Dichloroethene
0.25
X
120-82-1
1,2,4-Trichlorobenzene
0.50
67-66-3
Chloroform
0.25
X
87-68-3
Hexachlorobutadiene
0.50
74-97-5
Bromochloromethane
0.25
X
87-61-6
1,2,3-Trichlorobenzene
1.0
71-55-6
1,1,1-Trichloroethane
0.25
X
1634-04-4
Methyl-tert-butyl ether
5.0
563-58-6
1,1-Dichloropropene
0.25
X
71-43-2
Benzene
1.0
56-23-5
Carbon Tetrachloride
0.25
X
108-88-3
Toluene
1.0
107-06-2
1,2-Dichloroethane
0.25
X
100-41-4
Ethyl benzene
1.0
79-01-6
Trichloroethene
0.25
X
108-38-3
m,p-Xylenes
2.0
78-87-5
1,2-Dichloropropane
0.25
X
95-47-6
o-Xylene
1.0
75-27-4
Bromodichloromethane
0.25
X
100-42-5
Styrene
0.25
74-95-3
Dibromomethane
1.0
X
98-82-8
Isopropylbenzene
0.25
10061-01-5
cis-1,3-Dichloropropene
0.25
X
103-65-1
n-Propylbenzene
0.25
10061-02-6
trans-1,3-Dichloropropene
0.25
X
108-67-8
1,3,5-Trimethylbenzene
0.25
79-00-5
1,1,2-Trichloroethane
0.25
X
98-06-6
tert-Butyl benzene
0.25
127-18-4
Tetrachloroethene
0.25
X
95-63-6
1,2,4-Trimethylbenzene
0.25
142-28-9
1,3-Dichloropropane
0.25
X
135-98-8
sec-Butylbenzene
0.25
124-48-1
Dibromochloromethane
0.25
X
99-87-6
p-isopropyltoluene
0.25
106-93-4
1,2-Dibromoethane
0.25
X
104-51-8
n-Butylbenzene
0.25
108-90-7
Chlorobenzene
0.25
X
91-20-3
Naphthalene
0.50
PQL Practical Quantitation Limit- Subject to
change due to instrument sensitivity
N- Tentatively Identified, not confirmed
J- Estimated Value
U- Samples analyzed for this compound but not detected
X- Sample not analyzed for this compound
N3- Estimated concentration is <PQL and >MDL
P Elevated PQL due to matrix interference and/or sample dilution
COMMENTS: NOT ANALYZED FOR 2-CHLOROETHYL VINYL ETHER
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
mg/L mg/L
6a olive:Ra.igs;�stihiatedigtal;Petrbletim:Hydrocariiori::;:::-:- 0.20 X
..................................................
Other purgeables detected Detected
(up to 10 highest peaks) ug/L
NO VOLATILE ORGANIC COMPOUNDS
DETECTED BY GC/PID.

NC Division of Water Quality Laboratory Section Results
Loc. Descr.:
TRIP BLANK
Location ID:
AROAPNLC
Sample ID:
A602032
County:
TRANSYLVANIA
PO Number#
6W1618
River Basin
VisitlD
Report To
AROSP
Region:
ARO
Date Received:
03/10/2006
Collector:
L WIGGS
Time Received:
08:40
Sample Matrix:
Surfacewater
Labworks LoginlD
DSA
Loc. Type:
RIVER/STREAM
Date Reported:
04/03l2006
Sample Depth
Collect Date:
03/08/2006
Collect Time::
00:00
nalyte Name PQL Result Qualifier Units Approved By
LAB
Sample temperature at receipt by lab
VOL
Benzene
Toluene
Ethylbenzene
m,p-Xylene
o-Xylene
2-Chloroethyl vinyl ether
Methyl-tert-butyl ether
VOC'S BY GC/PID
0.9
°C JGOODWIN
1 Not detected
ug/L
RKELLING
1 Not detected
ug/L
RKELLING
1 Not detected
ug/L
RKELLING
2 Not detected
ug/L
RKELLING
1 Not detected
ug/L
RKELLING
- X
ug/L
RKELLING
5 Not detected
ug/L
RKELLING
Not detected
ug/L
RKELLING
1�
�IrV 13
= f
,f
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone]
Page 1 of 1

COUNTY TRANSLYVANIA
RIVER BASIN:
REPORTTO ARO Regional Office
Other :
COLLECTOR(S) : L WIGGS
Estimated BOD Range:
Seed: Chlorinated:
Station k Date Begin (yy/mm/dd)
20060308
BOD 310 mg/L
COD High 340 mg/L
COD Low 335 mgfL
Coliform: MF Fecal 31616 1100.1
Coliform: MF Total 31504 /100ml
Coliform: tube Fecal 31615 /loom]
Coliform: Fecal Strep 31673 /loom]
Residue: Total 500 mg/L
Volatile 505 mg/L
Fixed 510 mg(L
Residue: Suspended 530 mg/L
Volatile 535 mg/L
Fixed 540 mg/L
pH 403 units
Acidity to pH 4.5 436 mg/L
Acidity to pH 8.3 435 mg/L
Alkalinity to pH 8.3 415 mg/L
Alkalinity to pH 4.5 410 mg/L
TOC 680 mg/L
Turbidity 76 NTU
.Coliform Total Tube "/100 mis
DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Water Quality
W❑ SAMPLE TYPE
PRIORITY
AMBIENT
QA
STREAM
EFFLUENT
COMPLIANCE
CHAIN OF CUSTODY
LAKE
INFLUENT
El EMERGENCY
VITSIT1 ]
I
ESTUARY
TRB
Station Location: TRIP BLANK
Remarks:
Date End (yy/mm/dd)
Time Begin
I Time End I
Depth - DM, DB, DBM
Value Type - A, H, L
Chloride 940 mg(L
Chl a: Tri 32217 ug/L
Chl a: Corr 32209 ug/L
Pheophytin a 32213 ug/L
Color: True 80 C.U.
Color: (pH ) 83 pH= C.U.
Color: pH 7.6 82 c.u.
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg(L
Hardness Total900 mg/L
Specific Cord. 95 umhos/cm
MBAS 38260 mg/L
Phenols 32730 ug/L
Sulfate 945 mg/L
Sulfide 745 mg(L
Boron
Tannin & Lignin ug/L
Hexavalent Chromium ug/L
Bicarbonate mg/L
Carbonate mg/L
Total Dissolved Solids mg/L
NH3 as N 610 mg/L
TKN an N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg/L
PO4 as P 70507 mg/L
P: Dissolved as P 666 mg/L
K-Potassium mg/L
Cd- Cadmium 1027 ug/L,
Cr-Chromium:Total 1034 ug/L
Cu- Copper 1042 ug/L
Ni-Nickel 1067 ug/L
Pb- Lead 1051 ug/L
Zn- Zinc 1092 ug/L
V-Vanadium ug/L
Ag- Silver 1077 ug/L
Al- Aluminum 1105 ug/L
Be- Beryllium 1012 ug/L
Ca- Calcium 916 mg/L
Co- Cobalt 1037 ug/L
Fe- Iron 1045 ug/L
Mo-Molybdenum ug/L
Sb-Antimony ug/L
Sn-Tin ug/L
TI-Thallium ug/L
Ti-Titanium ug/L
Hg-1631 ng/L
Lab Number
AB02032
Date Received :
3/10/2006
Time Received :
8:40 AM
By
HMW
//Received
D'C
arAcleased
Date Reported:
3/31 /2006
Composite-T, S, q Sample Type
Li -Lithium 1132 ug/I.
Mg- Magnesium 927 mg/L
Mn-Manganese 1055 ug/L
Na- Sodium 929 mg/L
Arsenic:Total 1002 ug/L
Se- Selenium 1147 ug/L
Hg- Mercury 71900 ug/L
Ba-Barium ug/L
Organochlorine Pesticides
Organopbosphoms Pesticides
Acid Herbicides
Base/Neutral&Acid Extractable Organics
TPH Diesel Range
X
Purgeable Organics (VOA bottle req'd)
TPH Gasoline Range
TPH/BTEX Gasoline Range
Phytoplankton
COMMENTS:JE
-
!II II.�IE7L
III 11 . �� Ilj
u U : APR 2006
WATER QUALITY SECT IOiV
ASf E�/ILLE REGIONAL CFFICE

DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1)
COUNTY ' �� /) PRIORITY
RIVER BASIN
REPORT TO .4R0 FRO MRO RRO WaRO WiRO WSRO TS ❑AMBIENT ❑ QA
AT BM
Other COMPLIANCE ❑ CHAIN
OF CUSTODY
Shipped by: Bus Courier, Staff, Other+ ❑EMERGENCY
COLLECTOR(S): �G.
Estimated BOD Range: 0-5/5-25/2 -6 40-130 or 100 plus STATION LOCATION:
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Station # jDate Begin (yy/mm/dd) I Time Begin I Date End
1
___ ..moo myir
2
COD High 340 mg/1
3
COD Low 335 mg/1
4
Coliform: MF Fecal 31616 /loom,
5
Coliform: MF Total 31504 /100ml
6
Coliform: Tube Fecal 31615 /100m1
7
Coliform: Fecal Strep 31673 /loom,
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 mg/I
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/1
17
Alkalinity to pH 8.3 415 mg/I
18
Alkalinity to pH 4.5 410 mg/I
19
TOC 680 mg/I
20
Turbidity 76 NTU
SAMPLE TYPE
❑ STREAM
❑ LAKE
❑ ESTUARY
"-�
❑ EFFLUENT
❑ INFLUENT
60�?o3Z
PL
For Lab Use ONLV
Lab Number (/ /
Date Received "31Time
Rec'd by: From: Bus- r-Hand Del
DATA ENTRY BY: CK:
DATE REPORTED:
Time End IDepth DM DB DBM I
Value Type
A H L
Chloride 940 mg/I
Chi a: Tri 32217 ug/1
Chi a: Corr 32209 ug/1
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 mg/I
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/I
Phenols 32730 ug/I
Sulfate 945 mgA
Sulfide 745 mg/1
NH3 as N 610 mg/1
TKN as N 625 mg/I
NO2 plus NO3 as N 630 mg/1
P: Total as P 665 mg/I
PO4 as P 70507 mgA
P: Dissolved as P 666 mg/1
Cd-Cadmium 1027 ugA
Cr•Chromium.Total1034 ugA
Cu-Copper 1042 ug/I
Ni-Nickel 1067 ug/I
Pb-Lead 1051 ug/1
Zn-Zinc 1092 ug/I
Ag- ilver 1077 ug/1
Al -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mg/1
Co -Cobalt 1037 ug/I
Fe -Iron 1045 ug/I
Composite
T S B
Sample Type
C G GNXX
Li -Lithium 1132 ug/I
Mg -Magnesium 927 mg/I
Mn-Manganese 1055 ug/I
Na-Sodium 929 mg/1
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)
Phytoplanlcton
Sampling Point %
Conductance at 25 C
Water Temperature (C)
D.O. mg/1
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 (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
Mean Stream Depth ft
Stream Width ft.
480
45
32
36
1351
1350
35
64
4
DMI/Revised 10/86

M
REPORTED BY
AT
CHECKED BY
REVIEWED BY
SAMPLE TYPE:
WATER
ENR/DWQ LABORA
VOLATILE ANALYTICAL
...........................................
j:3'f1T2GET: �OJu1PL51JiJD::::::::::::: i?F]I;::::DET£E
ANALYTICAL RES
75-71-8
Dichlorodiflucromethane
1.0 X
74-87-3
Chloromethane
0.50 X
75-01-4
Vinyl Chloride
0.50 X
74-83-9
Bromomethane
0.50 X
75-00-3
Chloroethane
0.50 X
75-69-4
Trichlorofluoromethane
0.50 X
75-35-4
1,1-Dichloroethene
0.25 X
75-09-2
Methylene Chloride
10 X
156-60-5
trans-1,2-Dichloroethene
0.25 X
75-34-3
1,1-Dichloroethane
0.25 X
594-20-7
2,2-Dichloropropane
0.25 X
156-59-4
cis-1,2-Dichloroethene
0.25 X
67-66-3
Chloroform
0.25 X
74-97-5
Bromochloromethane
0.25 X
71-55-6
1,1,1-Trichloroethane
0.25 X
563-58-6
1,1-Dichloropropene
0.25 X
56-23-5
Carbon Tetrachloride
0.25 X
107-06-2
1,2-Dichloroethane
0.25 X
79-01-6
Trichloroethene
0.25 X
78-87-5
1,2-Dichloropropane
0.25 X
75-27-4
Bromodichloromethane
0.25 X
74-95-3
Dibromomethane
1.0 X
10061-01-5
cis-1,3-Dichloropropene
0.25 X
10061-02-6
trans-1,3-Dichloropropene
0.25 X
79-00-5
1,1,2-Trichloroethane
0.25 X
127-18-4
Tetrachloroethene
0.25 X
142-28-9
1,3-Dichloropropane
0.25 X
124-48-1
Dibromochloromethane
0.25 X
106-93-4
1,2-Dibromoethane
0.25 X
108-90-7
Chlorobenzene
0.25 X
PQL Practical Quantitation Limit- Subject to
change due to instrument sensitivity
N- Tentatively Identified, not confirmed
J- Estimated Value
U- Samples analyzed for this compound but not detected
X- Sample not analyzed for this compound
N3- Estimated concentration is <PQL and >MDL
P Elevated PQL due to matrix interference and/or sample dilution
COMMENTS: NOT ANALYZED FOR 2-CHLOROETHYL VINYL ETHER
630-20-6
1,1,1,2-Tetrachloroethane
0.25
X
75-25-2
Bromoform
1.0
X
79-34-5
1,1,2,2-Tetrachloroethane
0.25
X
96-18-4
1,2,3-Trichloropropane
0.25
X
108-86-1
Bromobenzene
0.25
X
95-49-8
2-Chlorotoluene
0.25
X
106-13A
4-Chlorotoluene
0.25
X
541-73-1
1,3-Dichlorobenzene
0.25
X
106-46-7
1,4-Dichlorobenzene
0.25
X
95-50-1
1,2-Dichlorobenzene
0.25
X
96-12-8
1,2-Dibromo-3-Chloropropane
2.0
X
120-82-1
1,2,4-Trichlorobenzene
0.50
X
87-68-3
Hexachlorobutadiene
0.50
X
87-61-6
1,2,3-Trichlorobenzene
1.0
X
1634-04A
Methyl-tert-butyl ether
5.0
U
71-43-2
Benzene
1.0
U
108-88-3
Toluene
1.0
U
100-41-4
Ethyl benzene
1.0
U
108-38-3
m,p-Xylenes
2.0
U
95A7-6
o-Xylene
1.0
U
100-42-5
Styrene
0.25
X
98-82-8
Isopropylbenzene
0.25
X
103-65-1
n-Propylbenzene
0.25
X
108-67-8
1,3,5-Trimethylbenzene
0.25
X
98-06-6
tert-Butylbenzene
0.25
X
95-63-6
1,2,4-Trimethylbenzene
0.25
X
135-98-8
sec-Butylbenzene
0.25
X
99-87-6
p-isopropyltoluene
0.25
X
104-51-8
n-Butylbenzene
0.25
X
91-20-3
Naphthalene
0.50
X
mg/L
mg/L
Gasblioe Range:Estimated:Tdta[I?etrdleum:Hydioca�bori:::::
0.20
X
.............................................
Other purgeables detected
Detected
(up to 10 highest
peaks)
ug1L
NO VOLATILE ORGANIC COMPOUNDS
DETECTED BY GC/PID.

SS -
coo

AL
v
L-7
-, rl

Transylvania County, NC -- Printable Map
Page 1 of 2
Transylvania County, NC
Parcels
Pin: 8542-34-0312-000
Owner:
FRANKLIN JERRY D & WILLA MAE
RR 1 BOX 154
LAKE TOXAWAY,NC 28747-9722
Use Code: 0120
Sale Date: 199907 x
Sale Price: 0
Acres: 6.07540154668
Township: 6
Deed Book: 451
Deed Page: 576
Sale Inst: RW
Sale Imp: V
.Zoning:
Land Value: $34,370
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $34,370
Legal Address: OFF SR 1144
Other Attributes
at point 842908, 524248
http ://arcims.webgis.net/nc/transylvanialprintable. asp?process=id&x2=842908.05 53 01205... 6/28/2007

Transylvania County, NC -- Printable Map Page 2 of 2
Zoning: Map Grid:
None Tile Name: 854203
DISCLAIMER: The information contained on this page is NOT to be construed or used as a 'legal
description". Map information is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http : //arcims.webgls.net/nc/transylvanialprintable. asp?process=id&x2=842908.05 5 3 01205 ... 6/28/2007

Q� \NArE Michael F. Easley, Governor
William G. Ross Jr., Secretary_
' North Carolina Department of Environment and Natural Resources
as a+:nm •au„ra ac ros�ast:.y i rz"i'n'.`:} `
Coleen H. Sullips, Director
0 x Diuision ofWater Quality
July 2, 2007:.,.�k»,�a
Mr. & Mrs. Jerry D. Franklin
RR 1, Box 154
Lake Toxaway, North Carolina 28747-9722
Subject: Need for Erosion Control
Franklin) Property
Transylvania County
Dear Mr.& Mrs. Franklin:
On June 26, 2007 1 inspected property on Frozen Creek Road in Transylvania County. I
observed a pond discolored by soil washed down from upstream. An investigation of the
stream flowing into the pond took me onto Paul McCoy Road. The largest amount of soil
exposed to erosion was observed at a road construction project on a piece of property at
the end of and east of Paul McCoy Road. Based upon my review of Transylvania County
on-line land records, the property on which this dirt/gravel road lies belongs to you.
Please call me at 828-296-4659. If you are the owner of the property on which the new
road has been constructed, you will need to immediately establish a vegetative covering
on all unprotected cuts, fills and eroded soil deposits. If you are not the owners of this
property we still need to talk. If I am away from my phone when you call please leave as
many phone numbers as may be used to reach you. You will be receiving a letter similar to
this from our Land Quality Section. It is critical that your respond to both communications.
Sincerely,
Roy M. Davis
Environmental Engineer
Xc: Shawna Riddle, Land Quality Section
Jerry Franklin Letter.07
NorthCarolina
Nalwvllq
North Carolina Division of Water Quality 2090 U.S. Highway 70 - Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recyrledl10% Post Consumer Paper

Subject: failing drainfield
From: Roy Davis <[e-mail]>
Date: Mon, 23 Apr 2007 11:28:05 -0400
To: "devilsangel" <[e-mail]>, [e-mail], Roy Davis
<Roy.D [e-mail]>
I spoke with Ferman Nicholson with the Transylvania County Health Department
regarding the failing drainfield at 2910 Highway 280 near Brevard. A repair permit
has been issued. The owner is on disability therefore funding is a problem. Mr.
Nicholson anticipates that the necessary repairs will be accomplished. Roy Davis,
Asheville Regional Office
Roy Davis - Roy. [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Roy Davis <[e-mail]>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
1 of 1 4/23/2007 11:28 AM

septic system into stream]
Subject: Fw: overflow of septic system into stream]
From: "devilsangel" <[e-mail]>
Date: Sun, 8 Apr 2007 17:52:37 -0400
To: <[e-mail]>
Mr Edwards,I hope you can shed some light on what to do about an overflowing septic
system.Myself and several of my neighbors have complained several times to our local
health dept.They claim to be aware of the problem... I'm sure after many complaints
they are! But seems no action to correct this problem is being taken.I'm sure with
the start of summer the possible rains will make this situation much worse.This
sewage flows into a small creek( unsure of name ) 100 yrds away it flows into Turkey
Creek then into the Davidson River perhaps only
1/4 mile away. This property is located in transylvania county.From the intersection
of hwys.64,276 and 280 it is
approx. l/4 mile north on 29 CJ.
property owner's name isE+R0 much enjoy wading these
small streams as well as other neighborhood kids do.Many of us have tried to be good
neighbors but this has gone on much too long.Mr Edwards what can be done to fix this
problem???
----- Original Message ----- From: "susan massengale" <'[e-mail]>
To: <[e-mail]>; "Roger Edwards" <[e-mail]>
Sent: Wednesday, April 04, 2007 4:55 PM
Subject: [Fwd: overflow of septic system into stream]
By way of this reply I am forwarding your e-mail to the Surface Water
Supervisor at our Asheville Regional Office, Roger Edwards. He was in a
meeting away from the office today but he.should be in the office on
Thursday. You may want to give him a call or send him an e-mail
detailing the particulars of the situation and the location. The office
phone number is: [phone] or you can write him at:
[e-mail].
Let me know if I can be of further help,
Susan
Subject: overflow of septic system into stream
From: "devilsangel" <[e-mail]>
Date: Tue, 3 Apr 2007 20:30:54 -0400
To: <[e-mail]>
Ms. Massengale, I have a neighbor who's septic system has been running out on top of the ground for
quite sometime. This sewage is running into a small creek. Less than 100 yards away it runs into a larger
stream which feeds into the Davidson River maybe 1/4 mile away.) am in Transylvania county and to my
knowledge this river is designated trout water.Repeated calls to local health department by several
neighbors has been to no avail. All we hear is that they are aware of the problem. Being aware DOES
NOT fix the problem .... Is there ANYONE who I can contact on a higher level who will .... shall we
say ... light a fire under someones behind to get this matter fixed??? Any info will be GREATLY
appreciated
overflow of septic system into stream.eml Content -Type: message/rfc822
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Rev. 4/02
DWQ Fish Kill Field Investigation FormENR NCDENR-
Send To: DWQ Environmental Sciences Branch Attn. Mark Hale or Elizabeth Fensin
4401ReedyCreekRd Raleigh,NC 27607 (919)733-9W Fmc'(919)733)9999
e-mail- maddxil <X. naimil net elizabefi-densirva?wmail net
Investigators: ,....
a
Investigation Date and Time:July 19, 2006
Manhours Required:4
Investigators:Roy Davis
Organization:DWQ-SWP
Regional Office:ARO
Address:2090 US Highway 70, Swannanoa, NC 28778
Phone:
Reporting Party: Ms. Tammy Powell
Address:
Phone:828-883-
3707
Coinvestigators:
Address:
Phone:
Kill Event Location:
Waterbody:Beasley Branch
Station:
Subbasin:
County:Transylvania County
Nearest Town/Landmark:Rosman
Tributaries or other waters affected:
Latitiude: I
Longitude:
Attach map describing area of event and provide coordinates
Complete For Fish Kill and Disease Events
Date Event Began (First reported): Ju;ly 17, 2006
Time:
At time of investigation, kill event is : in progress ❑ completed:
Area covered by kill: River (miles): 0.5 Lake /Estuary (acres, square miles):
Event Duration: Days: Hours:
Finish Species Affected:
Species: Rainbow Trout
Size Range: 12 "
Approx Number: 4
In Distress / Dying ❑ Dead ❑ Decayed ❑ Percent observed with sores or lesions:
Species:
Size Range:
I Approx Number:
In Distress / Dying ❑ Dead ❑ Decayed ❑ Percent observed with sores or lesions:
Species:
Size Range:
I Approx Number:
In Distress / Dying ❑ Dead ❑ Decayed ❑ I Percent observed with sores or lesions:
Species:
Size Range:
I Approx Number:
In Distress / Dying ❑ Dead ❑ Decayed ❑ I Percent observed with sores or lesions:
Other Organisms Affected:
Total Finfish Mortality: 4 1 Total Mortality of Other Organisms: .
Fish Disease Observations:
Lesions/Sores ❑ Injuries ❑ Flared Gills ❑ Excessive mucus ❑ Tumors ❑ Visible Parasites ❑
Gasping ❑ Loss of equilibrium ❑ Erratic behavior ❑ Attempts to leave water ❑ Lethargy ❑
Convulsions ❑ Other❑ Describe:
General Lesion and Sore Observations:
Size(cm): Location (view diagrams below):
Appearance/ Comments:
��. A C (E aQ
_ B. D Il

Page 2 of 2
Physical Observations and Water
Station:
Measurements:
Station No.:
Time:
Cloud Cover: Seas: Air Temp: Hot Precip: None
Wind Direction:
Wind Speed: Secchi Depth:
Bottom Depth: 4"
Prior Weather (3-4 days):
Outfalls Present: Y ❑ N ® Describe:
Spills in area ? Y ❑ N ® Describe:
Other Activity:
Depth Dissolved
(meters) Oxygen(mg/L) Saturation
Surface
1.0
2.0
3.0
4.0
5.0
pH I Temperature I Conductivity Salinity
(oc) (pPt)
Algal Bloom: Fill out this section if bloom occurs in conjunction with fish kill or disease. If bloom occurs without
affected fish, fill out Algal Bloom Report form only and send to Division of Water Quality ESB Attn;. Ecosystems Unit Staff
Visual characteristics:
Discolored Water Describe:
El Flecks, ❑ Balls, ❑Filaments
❑ Surface Film
❑ Other
Ph to lankton Samples Sent to ESB? Yes ❑ NoEll Phytoplankton Sample Quantity: One 500ml
polyethylene container preserved with 2-3 ml Lugols solution and one 500ml polyethylene container unpreserved. Send to
DWQ Laboratory Section marked Attn: Ecosystem Unit Staff.
Biological and Chemical Samples Collected During investigation:
Fish (Describe):
Iced, Preserved ?
Station:
Sample No.: `
Contact for Results:
Phone:
Algae/Plants (Describe):
Iced, Preserved ?
Station:
Sample No.:
Contact for Results:
Phone:
Other (Describe):
Iced, Preserved ?
Station:
Sample No.:
Contact for Results:
Phone:
Chemical Samples: Metals❑ Pesticides❑ Nutrients❑ Chlor A❑ Other❑ Describe:
Station:
Sample No.: '.
Contact for Results:
Phone:
Photographs and /or videos taken? Y❑ N®
Where on file? Name:, Phone:
Additional Comments, Observations, Conclusions, etc. (attach additional sheet if necessary):
I suspect fish died as a result of elevated water temperature.

D"

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March 14, 2006
Ms. Shelia F. Queen
950 Cashiers Valley Road
Brevard, North Carolina 28712-9651
Michael F. Easley, Governor
William �iNs ' ,ry
North Carolina Depar�m nvu ime andNatm ui `es
flan ek, e for
a q ity
Subject: Wolfpen Cove Creek
Complaint
Transylvania County, North Carolina
Dear Ms. Queen:
This agency received a complaint alleging that someone on your property has
constructed a small dam in Wolfpen Cove Creek. Please be advised that prior to
placing any "fill" (dam or any other material) in a stream, one must first contact the US
Army Corps of Engineers and receive any necessary permit along with any needed
"certification" from this agency. A review of the appropriate permits and certifications for
Transylvania County indicated that no permits or certifications existed for fill in Wolfpen
Cove Creek.
Therefore, if a dam has beenconstructed on your property, you could be subject to
penalties and enforcement proceedings. Each day on which any un-permitted structure
existed would be a separate occurrence for which penalties could be assessed.
If an un-permitted dam exists, you should contact the Corps of Engineers (telephone
828-281-7980) and secure any needed permit along with the concurrent certification from this
agency. Alternatively, the structure should be removed (without modifying the stream
channel or creating any water quality violations in the process). As each day would constitute
a separate violation, timely action is recommended.
Your attention to this matter is appreciated. Please contact me if there are questions
concerning the stream. Your contacting this agency to offer any comments would likewise be
appreciated. The telephone number for the Division of Water Quality's Asheville Regional
Office is 828-296-4500.
.Sincerely, ;..�
`'James R. Reid
Xc: US ACE
Kevin Barnett, ARO one
NorthCarolina
North Carolina Division of Water Quality 2090 U.S. Eli.ghway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

17
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Valley Rd Brevard, NC by MapQuest
950 Cashiers Valley Rd
Brevard, NC 28712-9651, US
Page 1 of 1
All rights reserved. Use Subject to License/Copyright
This map is informational only. No representation is made or warranty given as to its content. User assumes all risk
of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use.
�J
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:ounty, NC -- Printable Map
Page 1 of 2
Transylvania County
Parcels
Pin: 8575-79-6287-000
Owner:
QUEEN SHEILA F
950 CASHIERS VLY RD
BREVARD,NC 28712
County ID: T341 00026 02
Fire District: Brevard FD
Use Code: 0120
Sale Date: 200408
Sale Price: $0
Area: 1.73 AC
Township: Brevard Outside
Deed Book: 00245 Pg: 0196
Sale Inst: QC
Sale Imp: I
Zoning: R1 M
Land Value: $19,290
Bldg Value: $46,290
Year Built: 1961
XFOB Value: $0
Assessed Value: $65,580
Legal Address: CARL NORRIS RD
http ://arcims.webgis.net/ncltransylvanialprintable.asp?process=id&x2=877693.320l 42277... 3/ 14/2006

, NC -- Printable Map Page 2 of 2
Other Attributes
at point 877693, 559271
Zoning: Map Grid:
Zone: R-1 M Tile Name: 857508
DISCLAIMER: The information contained on this page is NOT to be construed or used as a 'legal
description". Map information is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims.webgis.net/nc/transylvanialprintable. asp?process=id&x2=877693.320l 42277... 3/ 14/2006

, NC -- Printable Map
Transylvania County, NC
Parcels
Pin: 8575-79-8220-000
Owner:
QUEEN SHEILA F
950 CASHIERS VLY RD
BREVARD,NC 28712
County ID: T341 00026B 02
Fire District: Brevard FD
Use Code: 0120
Sale Date: 200408
Sale Price: $0
Area: 1.00 LT
Township: Brevard Outside
Deed Book: 00245 Pg: 0196
Sale Inst: QC
Sale Imp: I
Zoning:
Land Value: $7,500
Bldg Value: $8,800
Year Built: 1961
XFOB Value: $0
Assessed Value: $16,300
Legal Address: CARL NORRIS RD
Page 1 of 2
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NC -- Printable Map Page 2 of 2
Other Attributes
at point 877832, 559204
Zoning: Map Grid:
Zone: RAM Tile Name: 857508
DISCLAIMER: The information contained on this page is NOT to be construed or used as a 'legal
description". Map information is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
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NC -- Printable Map
Transylvania County, NC
Page 1 of 2
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Parcels
Pin: 8575-79-8036-000
Owner:
SCHEUERMAN JOANNE CARNEY
955 CASHIERS VALLEY RD
BREVARD,NC 28712
County ID: T341 00027 02
Fire District: Brevard FD
Use Code: 0120
Sale Date: 198911
Sale Price: $45,000
Area: 1.21 AC
Township: Brevard Outside
Deed Book: 00323 Pg: 0028
Sale Inst: WD
Sale Imp: I
Zoning: RIM
Land Value: $18,090
Bldg Value: $48,750
Year Built: 1955
XFOB Value: $700
Assessed Value: $67,540
Legal Address: LAKE SEGA RD
http://arcims.webgis.net/nc/transylvanialprintable.asp?process=id&x2=877850.2307113 83... 3/14/2006

Zoning:
Zone: R-1 M
NC -- Printable Map Page 2 of 2
Other Attributes
at point 877850, 559073
Map Grid:
Tile Name: 857508
DISCLAIMER: The information contained on this page is NOT to be construed or used as a 'legal
description". Map information. is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims.webgis.net/nc/transylvanialprintable. asp?process=id&x2=877850.23 07113 83 ... 3/14/2006

AF
NCDENR
North Carolina Department of Environment and Natural Resources.
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor
James D. Simons, PG, PE
March 7, 2006
NOTICE OF DEFICIENCY
CERTIFIED MAIL 7004 1350 0001 6624 7480
RETURN RECEIPT REQUESTED
Wallace W. Booth, III
505 Fox Hollow Lane
Horse Shoe, NC 28742
RE: Pisgah Forest Dam — ID # 050 - Transylvania County
Dear Mr. Booth:
William G. Ross Jr., Secretary
Janet Boyer, Regional Engineer
nDr------.___-- 'l
MAR 9 2006
IT,;
The Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of
public health, safety, and welfare, in order to reduce the risk of failure of dams, to prevent injuries to
persons, damage to downstream property, and to ensure the maintenance of stream flows.
A visual inspection of the referenced dam was conducted on February 27, 2006, by staff of the Land
Quality Section Asheville Regional Office. During this inspection, the following conditions were noted:
1. The emergency spillway pipes exit onto the back slope of the dam.
2. Trees and bushes are growing on the front and back slope of the dam.
These conditions appear serious and justify further engineering study to determine appropriate
remedial measures. In the event of a dam failure, human life and significant property would be
endangered because of the downstream location of Pisgah Forest Drive and Hart Road (SR 1534).
Storm water exiting. out of the emergency spillway pipes on the back slope can cause erosion and
possible slope failure.
In order to ensure the safety of this dam, you are directed to retain the services of a registered
professional engineer or an experienced engineering firm to make a study of the conditions outlined in
this letter. Plans and specifications for repair based on the results of the study must be filed with the
Division of Land Resources for approval pursuant to the North Carolina Administrative Code, Title
15A, Subchapter 2K - Dam Safety (15A NCAC 2K). Two copies of an emergency action plan for this
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] A Fax [phone] One
www.enr.state.nc.us/ NorthCarolina
An Equal Opportunity / Affirmative Action Employer %1,/yh/yally

Notice of Deficiency
Pisgah Forest Dam
March 7, 2006
Page 2 of 2
dam shall be submitted to this office by April 8, 2006.
In addition to the above, the following remedial actions, not requiring design or approval, should be
completed by May 8, 2006. These items include the following:
Remove small trees and bushes growing on the front slope and back slope of the dam and establish a
grass ground cover. Any growth over 6 inches in diameter must have the root system excavated and
the excavated area refilled and compacted with suitable soil material.
An updated emergency action plan (EAP) will be required for this dam if one is not already on file. If
an existing EAP has not been updated in the past year, the downstream hazards shall be checked and
all contact information should be verified. Two copies of the EAP shall be submitted to the Division of
Land Resources, and a copy shall be provided to the local emergency management office.
Please contact us at 828-296-4500 to advise us of your intended action in this matter. If we do not
receive notification on or before May 8, 2006, we shall present the case information for appropriate
enforcement action. Enforcement action could include a civil penalty of up to $500.00 per day of
violation, and/or issuance of a Dam Safety Order requiring the repair or removal of this dam, and/or
injunctive relief to gain compliance.
Sincerely,
-ao-
Janet S. Boyer
Regional Engineer
cc: Mr. Roger Edwards, Surface Water Protection Regional Supervisor
Maxwell Fowler, PE, State Dam Safety Engineer

DIVISION'
OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) For
'. ' r
L+
COUNTY
j ,1ry rJ�/ ",�• �
PRIORITY
N
❑qMB T ❑
SAMPLE TYPE
❑
D
RIVER BA
REPORT O
ARO F O MRO RHO WaRO WIRO WSRO TS
QA
STREAM
EFFLUENT R
AT BM
rg-COMPLIANCE ❑CHAIN
❑
Other
LAKE';
INFLUENT p
OF CUSTODY
❑ OF
❑
_
Shipped by:
Bus C • Tier, ;eft, Other
ESTUARY
D
COLLECTOR
,S):
D Range: 0-6/5-25/25-66/40-130 or 100 plus
STATION LOCATION:
j�
—
Estimated 8
Seed:
Yes Ev,
No❑ Chlorinated: Yes No ❑
REMARKS:
Station
Date 8 n (yy/mm/dd)
Time'Begln
Dote End
Time End
Dcpth DM DB DBM
Value Type
. Cu
A H L
1
14
BOD5 310 �� mg/I
2
COD High 340 mg/1
3
COD Low 335 mg/I
4
Collform: MF Fecal 31616 /100ml
5
Collform: MF Total 31504 /100m1
6
Collform: Tube Fecal 31615 /100ml
Collform: Fecal Strap 31673 /100m1
8
Residue: Total 500 mg/1
9
Volatile 505 mg/1
10
Fixed 510 mg/1
11
Residue: Suspended 530 mg/1
:a
12
Volatile 535 mg/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/I
17
Alkalinity tb pH 9.3 415 mg/1
18
Alkalinity to pH 4.5 410 mg/1
19
TOC 680 mg/1
20
Turbidity 76 NTU
Chloride 940 mg/1
Chi a: TO 32217 ug/I
Chi a: Corr 32209 ug/I
Pheophytln 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/1
Grease and Oils 556 mg/1
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/I
Phenols '32730 ug/I
Sulfate 945 mg/i
Sulfide 745 mg/I
Lab Use ONLY
Lb Number:
ate Received: / •�"`�y Time: fJyc)
ec'd by: .111/1 _ .--
From: Bue-Courier lanjandd De7�
ATA ENTRY BY: Ti' CK: -; ", 1
ATE REPORTED: d
Composite Sample T e
T S B C GNXX
3 as N 610 7 mgA
TKN as N 625 mgA
NO2 plus NO3 as N 630 mg/l
4'c Total as P 665 mg/I
PO4 as P 70507 mg/l
W: Dissolved as P 666 mgA
'^dCadmlum 1027 ug/I
L'r-Chromlum:Tatal1034 ug/I
Cu-Copper 1042 ug/I
,NI -Nickel 1067 ug/I
Pb-Lead 1051 ug/I
Zn-Zinc 1092 ugA
A"liver 1077 ug/I
AI-Aluntlnum 1105 ug/I
Jae -Beryllium 1012 ug/I
Ca-Calclum 916 m0/1
Co -Cobalt 1037 ug/I
Fe -Iron 1045 ug/I
Li -Lithium 1132 ug/I
Mg-Magnes um 927 mg/I
Mn-Mange ese 1055 g/1
Na-Sodlu 929 mg/1
Arsenic:To at 1002 ug/I
Acid 1-
Base/
Sampling Point %
Conductance at 25 C
Water Temperature (C)
D.O. mg/1
pH
Alkalinity
Acidity
1
pH8.3 PH 4.5
PH 4.5 PH8.3
2
94
10
3 1•
400 . C!
82244 431
82243 182242
Salinity %
Preclpition (In/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severitir
Turbidity Severity
Wind Velocity M/H
can Stream
480
145,
132
136
11351
1350
35
64
m 1147 ug/I
V 71900 ug/I
)rine Pesticides
)horus Pesticides
Ides
ual Extractable Organics
ctable Organics
Organics (VOA butt— --I'd)
n
Air Temperature (C)
20
th ft. Stream Width ft.
4
DM1/Revlsed

ern �k
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director Janet S. Boyer, Regional Engineer
August 11, 2005
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7004-0750-0000-2593-3287
RETURN RECEIPT REQUESTED
Glade Land Fund, LLC
Gus Campano, Managing Member --�-�
101-C Chadwick Square Court
Hendersonville, NC 2871 (�"jL�•l� ��
RE: Project Name: Downing Park `C'� 3-ag ^7 9 9.�
Project ID: 2005-011
County: Transylvania
Compliance Deadline: September 16, 2005
Days from Receipt: 30 -
Dear Sir or Madam:
6 T -3IS°li
EVE
- I
AUG 1 9 2005
WATER QL',LITY SECTION
ASNEVILLE REGIONAL C=FICE
On August 10, 2005, personnel of this office inspected a project located on SR 1116 in Transylvania County,
North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation
Pollution Control Act (Act) of 1973. The inspection revealed a land -disturbing activity of approximately 2.9 acres
being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, G.S. 1 13A-50 to 66, Title
15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
The violations that were found are:
Failure to conduct a land -disturbing activity in accordance with the provision of an approved erosion and
sedimentation control plan. 15 NCAC 413.0113. Erosion control measures are not installed as shown on the
approved plan.
2090 US HWY 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% recycled/] 0% post -consumer paper

Notice of Violations
Gus Campano
August 11, 2005
Page 2 of 3
Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and
erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the
boundaries of the tract during construction upon and development of the tract. G.S. 1 13A-57(3). Sediment has
washed onto adjoining land owners property and into Norton Creek.
Failure to take all reasonable measures to protect all public and private property from damage by such land -
disturbing activities. 15A NCAC 413.0105. Adequate erosion control measures were not installed.
Failure to retain along designated trout waters a buffer zone 25 feet wide or of sufficient width to confine visible
siltation by natural or artificial means within the 25 percent of that portion of the buffer zone nearest the land -
disturbing activity, whichever is greater. G.S. 113A-57(1). Slight amount of sediment has washed into Norton
Creek, Class "C" trout water.
Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation control measures and
facilities during the development of a site. 15 NCAC 413.0113. Silt fence that was installed is not properly
constructed.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover" or of "ground
cover sufficient to restrain erosion." These requirements are not satisfied until an adequate cover of grass or other
ground cover (such as properly applied and secured, mulched seeding or appropriate rip -rap) is established which
is, in face, sufficient to restrain accelerated or man-made erosion.
The penalty for an initial violation could be an assessment of up to $5,000.00. A tirne period for compliance is
not required for enforcement of this violation pursuant to NCGS 113A-61.1(c) and NCGS 113A-64(a)(1).
Therefore, the initial violation may be referred to the Director, Division of Land Resources, for appropriate action.
Please be advised that if these violations are not corrected within 30 days of receipt of this notice or before
September 16, 2005, whichever term is longer, the Director, Division of Land Resources, will be requested to
take appropriate legal action against you pursuant to NCGS 1 13A-64. That action could be the assessment of a
civil penalty, and the amount may be up to $5,000.00 per day for each day of the violation. The penalty may
be assessed from the date of the violation, NCGS 113A-64(a)(1). If the violations are corrected within the time
period specified for compliance, no further legal action will be pursued.
Please be advised that any new land -disturbing activity associated with this project should not begin until the area
presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should
notify this office so that work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you. After installation, all erosion control measures must be maintained in proper
working order until the site is completely stabilized.
2090 US HWY 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper
�1

Notice of Violations
Gus Campano
August 11, 2005
Page 3 of 3
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is
your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative rules may be examined at this office or will be sent to you upon request. Should you have
questions concerningthis notice orthe requirements ofthe Act please contact either Charles Koontz or meat your
earliest convenience.
Sincerely,
d" 5 J�A&�
anet S. Boyer
Land Quality Section
Enclosures: Sedimentation Inspection Report
cc: State Sedimentation Specialist
Regional Water Quality Supervisor
2090 US HWY 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Case #
. f
NORTH C-IROLINA DEPARTMENT OFENVIRONMENTAAD NATURAL RESOURCES
LAND QU4L YY CTION.• 2090 U.S. Hwy. 70, Swannanoa, NC28778 [phone]
CountyS2a47.1 _ `}r. F' Project. River Basin
Person Finan}'ally esponsible: Z-��` c) ""L/ /� C. G Project # ?0d
Address: f ' C-7��Jr��2�c�v:t/,�vG 2�e�
1. Project Location rCLiAti'r7 ictures No D' Yes ❑ Prints ❑ Slides ❑ Digital ❑ Video ❑
2. Weather and Soil Conditions4r�;
3. Is site currently under notice of violation? Yes ❑ No
4. Is the site in compliance with the S.P.C.A. and the rules? Yes ❑ No'�d. If no, check violations below:
5. Violations:
❑ a. No approved plan, G.S.113A-57(4) and 15A NCAC 4B.0107(c) g. Inadequate buffer zone, G.S.113A-57(1)
4b. Failure to follow approved plan, G.S.113A-61.1 ❑ h. Graded slopes and fills too steep, G.S.113A-57(2)
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and or 15A NCAC 4B.0124(d)
15A NCAC 4B.0118(a) ❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and . Failure to maintain erosion control measures,
15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(e) 15A NCAC 413.0113
Xe. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ❑ k. Other (describe)
Af. Failure to take all reasonable measures, 15A NCAC 4B.0105
6. NPDES Permit Violation? Yes9 No ❑ Describe f C-Z&i c•_W t 44-eA S 12-2'5 /-i r_ )) Gt ( i ,,<
7. Has sedimentation damage occurred since last inspection? Yes,®• If yes, where? (check all that apply): No ❑
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract �'Q;9 Other propert3�-w
Description:
Degree of damage: Slight Moderate ❑ Severe ❑
8. Contact made with (Name) e7IJ :f c- Title
Inspection Report given ❑ or sent to Person Financially Responsible Date given/sent z3 Iji C)r�"
9. Corrective actions needed:
N
f•..�•, z
10. Comments: 7-
.7
i }�t, -�t.� ,�'-�y.�� f�°fi� f�/JJY�7(��t,/ C`��'F' ��.:.•
Report by: (! <A kL,-- A�40ur'�—' Others present lPJf17i"'Z"c
Date of Inspection: Time arriving at site: ./ 2 -4 0 P1--- Time leaving site:
cc:
White Copy to File Yellow Copy to Owner Pink Copy to Environmental Technician
7/04

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LEC.E.
SEP 2 3 2005 it
— — — WA T ER QUALITY SECTION
NCDENRFlcNENIIL.LE REGIONAL CFFICE
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael.F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
September 21, 2005
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7004-0750-0000-2593-3522
RETURN RECEIPT REQUESTED
J. Warren & Brenda K. Shelton
235 AA Babb Road
Rosman, NC 28772
RE: Project Name: Shelton Property
Project ID: None
County: Transylvania
Compliance Deadline: October 21, 2005
Days from Receipt: 30
Dear Sir or Madam:
On September 19, 2005, personnel of this office inspected a project located on Babb Road in
Transylvania County, North Carolina. This inspection was performed to determine compliance
with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection
revealed a land -disturbing activity of approximately 1.5 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the
Act, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If
you feel that you are not responsible for the following violations, please notify this office
immediately.
The violations that were found are:
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land -disturbing activity on a tract comprising more than one acre, when more than
one acre is to be uncovered, failure to secure this office's prior approval of the plan for any land -
Asheville Regional Office
2090 US Highway 70, Swannanoa, North Carolina 28778 - Phone: [phone] / FAX:.[phone]

Notice of Violations
J. Warren & Brenda K. Shelton
September 21, 2005
Page 2 of 3
disturbing activity prior to beginning the land -disturbing activity. G.S. 113A-54(d)(4), G.S.
113A-57(4) and 15A NCAC 4B.0107(c). Approximately 1.5 acres were graded for a driveway
and a house site.
Failure on a tract of more than one acre, when more than one acre is uncovered, to install
sedimentation and erosion control devices sufficient to retain the sediment generated by the land
disturbing activity within the boundaries of the tract during construction upon and development
of the tract. G.S. 113A-57(3). Insufficient erosion control measures were installed on the site.
Failure to take all reasonable measures to protect all public and private property from damage by
such land -disturbing activities. 15A NCAC 4B.0105. Sediment has washed onto property
owned by others.
Failure to maintain on graded slopes and fills, an angle which can be retained by vegetative
cover or other adequate erosion control devices or structures. G.S. 113A-57(2) and (if in HQW
Zone) 15 NCAC 4B.0124(d). Gully erosion on the fill slopes has prevented stabilization by a
vegetative cover.
Failure within 15 working days or 30 calendar days (whichever period is shorter) of completion
of any phase of grading to plant or otherwise provide exposed, graded slopes or fills with ground
cover, devices, or structures sufficient to restrain erosion. G.S. 113A-57(2). An attempt at
establishing a vegetative ground cover on the fill slopes was not successful due to rill and gully
To correct these violations, you must:
An acceptable erosion and sedimentation control plan must be filed with and approved by this
office and implemented on the site sufficient to prevent off -site sedimentation. Until the
required plan has been approved, temporary measures must be provided immediately to control
erosion and prevent sedimentation damage. Any additional land -disturbing activities conducted
without an approved erosion and sedimentation control plan will constitute additional violations
of the Act. We will notify you following our review of the plan if additional measures are
required.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative
cover" or of "ground cover sufficient to restrain erosion." These requirements are not satisfied
until an adequate cover of grass or other ground cover (such as properly applied and secured,
mulched seeding or appropriate rip -rap) is established which is, in face, sufficient to restrain
accelerated or man-made erosion.
The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for

Notice of Violations
J. Warren & Brenda K. Shelton
September 21, 2005
Page 3 of 3
compliance is not required for enforcement of this violation pursuant to NCGS 113A-61.1(c) and
NCGS 113A-64(a)(1). Therefore, the initial violation may be referred to the Director, Division
of Land Resources, for appropriate action.
Please be advised that if these violations are not corrected within 30 days 'of receipt of this.notice
or before October 21, 2005, whichever term is longer, the Director, Division of Land Resources,
will be requested to take appropriate legal action against you pursuant to NCGS 113A-64. That
action could be the assessment of a civil penalty, and the amount may be up to $5,000.00 per day
for each day of the violation. The penalty may be assessed from the date of the violation, NCGS
113A-64(a)(1). If the violations are corrected within the time period specified for compliance,
no further legal action will be pursued.
Please be advised that any new land -disturbing activity associated with this project should not
begin until the area presently disturbed is brought into compliance with the Act. When
corrective actions are complete, you should notify this office so that work can -be inspected. You
should not assume that the property is in compliance with the Act until we have notified you.
After installation, all erosion control measures must be maintained in proper working order until
the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be
sent to you upon request. Should you have questions concerning this notice or the requirements
of the Act please contact either Charles Koontz or myself at your earliest convenience.
Sincerely,
anet S. Boyer
and Quality Section
Enclosures: Sedimentation Inspection Report
Financial Responsibility Form
Erosion Control Plan Checklist
cc: State Sedimentation Specialist
Regional Water Quality Supervisor

County. 1l-
Person Financially
Address:
Case #
NORTH CAROLINADEPARTMENT OFENVIRONMENTAND NATURAL RESOURCES
LAND QUALITYSECTION.• 2090 U.S. Hwy. 70, Swannanoa, NC28778 [phone]
River Basin .
Project #
IM
1. Project Location Pictures: No a Yes ❑ Prints ❑ Slides ❑ Digital ❑ Video ❑
2. Weather and Soil Conditions C- . /i
3. Is site currently under notice of violation? es W No ❑
4. Is the site in compliance with the S.P.C.A. and the rules? Yes ❑ Noff If no, check violations below:
k. iolations:
Py-a. No approved plan, G.S.113A-57(4) and 15A NCAC 4B.0107(c) ❑ g. Inadequate buffer zone, G.S.113A-57(1)
❑ b. Failure to follow approved plan, G.S. 113A-61.1 'Wh. Graded slopes and fills too steep, G.S.113A-57(2)
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and or 15A NCAC 4B.0124(d)
15A NCAC 4B.0118(a) i. Unprotected exposed slopes, G.S.113A-57(2)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and ❑ j. Failure to maintain erosion control measures,
15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(e) 15A NCAC 4B.0113
`L} e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ❑ k. Other (describe)
91 f. Failure to take all reasonable measures, 15A NCAC 4B.0105
6. NPDES Permit Violation? Yes ❑ No ❑ Describe
7. Has sedimentation damage occurred since last inspection? Yes;ff-f If yes, where? (check all that apply): No ❑
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property
Description:
Degree of damage: Slight ❑
8. Contact made with (Name) lUo
Inspection Report given ❑ or sent E
9. Corrective actions needed:
Moderate Severe ❑
to Person Financially Responsible
G! 9'Ci.t Title f J ' Q
Date given/sent / Q
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10. Comments:
Report by: l� r// Ai/��'S ��d���� Others presentL-
Date of Inspection: �1 �� Time arriving at site: Time leaving site:®�
cc:
White Copy to File
Yellow Copy to Owner
Pink Copy to Environmental Technician
7/04

LAW OFFICES
ADAMS HENDON CARSON. CROW & SAENGER, P.A.
72 PATTON AVENUE
ASHEVILLE, NORTH CAROLINA 28801
JUNIUS G. ADAMS, JR. (Igoe -loot)
GEORGE WARD HENDON
PHILIP O. CARBON
SAMUELJEROME CROW
GEORGE W. SAENGER
MARTIN K. REIDINGER
SUSAN TAYLOR RASH
GREGORY S. HILDEABRAN
I- THOMISON HOLMAN
JOY G. MOVER
DANIEL E HITCHCOCK
MATT14EW S. ROBERSON
North Carolina Department of
Environment & National Resources
Division of Water Quality
2090 US Highway 70
Swannanoa, NC 28778
MAIL ADDRESS: P.O. BOX 2714
ASHEVILLE, NC 28002
TELEPHONE [phone]
TELECOPIER [phone]
February 15, 2005
---REVISED --- (See Attachments)
Dear Ladies & Gentlemen:
I am writing on behalf of Mr. & Mrs. Joseph McClanahan re g p p y
p gardin rorty they own in
Transylvania County, North Carolina. Mr. & Mrs, McClanahan purchased lot 29 (also known as lot 13a,
consisting of 2.95 acres) of Stoney Brook Subdivision, in Pisgah Forest, NC, on July 15,'' 1992. In
connection with this purchase they were shown and relied on a Sewage Disposal System`; Improvements
Permit, copy attached, dated July 19, 1989.'This permit disapproved the installation of a conventional
sewage system due to shallow soil conditions but did approve the lot for an ultra -shallow placement (8"
max. depth) LPP (Low Pressure Pipe) septic system. Mr. & Mrs. McClanahan bought the lot with the
intention of retiring to Western North Carolina after Mr.
McClanahan retired from the military. Their
plans changed and they are now residents of Florida.
Beginning in the late 1990's they have attempted to sell their lot in Stoney Brook. In trying to
sell the lot potential buyers would request that the lot pass a perk test. The property would fail the perk .
test but when the. McClanahan advised purchasers of the low pressure system permit, they learned that
this permit was not recognized by either your department (see letter from James A. Boyer dated March
15,1999) or the Transylvania County Health Department (see letter from James A. Boyer dated January
10, 2003).
In Mr. Boyer's March 15,1999 letter be refers to an improvement permit dated July 17,1987 but
then states that it expired on July 17' ,1990, 36 months after it was issued. He goes on to say that since
the permit had expired he examined the site on its current merits to determine if a new permit should be
issued.

North Carolina Department of
Environment & National Resources
February 15, 2005
Page 2
It appears to me that Mr. Boyer is not aware of all of the laws and rules for sewage treatment and
disposal systems. I attach page ix from the brochure labeled "Laws and Rules for Sewage Treatment,
and Disposal Systems" published by the North Carolina Department of Environment and Natural
Resources with Rules Amended Effective April 17, 2002. You will note that the Rule on page ix titled
"Reissue Certain Wastewater Permits" provides that a local health department shall issue an
improvement permit and an authorization for wastewater system construction for any wastewater system
that was the subject of an improvement permit issued by a local health department between July 1,1982
and September 30,1995, that expired prior to the installation of that system, upon a showing satisfactory
to the local health department of certain matters.
There is no question that the initial permit was issued between 1982 and 1995. Mr. & Mrs.
McClanahan also believe their 2.95 acre lot satisfies the conditions required by the rule. 'Nothing has
been done to their lot and their purchaser would install the very system described in the initial permit
issued in 1989. If the permit is not re -issued the site cannot be used for its intended residential purpose.
To place fill on the lot sufficient to support a conventional system is, as a practical matter, not a viable
solution as the cost of such a system makes the lot unmarketable.
My request is that after you have reviewed this letter and assuming you agree with my conclusion
that the. Mcaanahans are entitled to the re -issuance of an improvement.penmut and authorization for
wastewater system construction, that you contact Mr. Boyer in Brevard, NC at the Transylvania County
Health Department and so advise him.
I have no doubt that Mr. Boyer will comply with the law.
I thank you in advance for your consideration of my request. If you have any questions or you
are unable to contact Mr. Boyer please let me know.
trely,
e . Saenger
GWS/klp
attachments
cc: Mr. James A. Boyer
Mr. & Mrs. Joseph McClanahan

TRANLVANIA. COUNTY HEALTH DEP "RENT.
-%"9e Disposal System Improvements Permit and Certificate of Completion Sewage Treatment
age
and Disposal Rules (Article 11 of Chapter 130A
of the General Statutes of North Carolina
Date: July 19, 1989
,2,
Receipt No.: Prev. Recorded
OwnedAgent: Richard Kenan (13av a r P RP 1
_ _
Address:
y) Phone No.: 884-7077 —
Location of Property:
first creek you cross
Subdivision: Stoneybrook
Lot Number: 29 Section: 2 Plat of Pro gggg
Property. YES=NO ❑
Type Of Facility: HOUSE MOBILE HOME ❑BUSINESS O
Number of Bedrooms: 3 Number of Bathrooms:
2 Esfimated Sewage Flow:__360 gpd
Type of Water Supply:- Individual — DRILLED WELL M SPRING ❑; Publtc/Community ❑
Lot Size: 1 acre approx Easements, Right-of•Ways, etc.
Signature/Authorized Agent
-
Date.
Lot disapproved for a conventional sewag
Plans shall include the following:
system due to shallow soil conditions.
Recomme dations: Lot a roved for ultra-
ultra-
shallow placement (8"
(1) site plan
(2) show'swale to be installed along road
max depth)
----- ,
(Low Pressure Pipe) septic system.
System shall have plans designed
side diverting surface water.
(3) show drain ditch to be installed to
by a
N.C. professional engineer and a roved
PP
drain two s r
P �ngs on right side of Zo .
(4) drainfield
by the health department. The en iueer
to be backfilled with V
needs to contact Furman Nicholson at the.
sandy -loam type soil.
health department
P prior to commencing;
plans.
NEW SYSTEM [3 REPAIR ❑r
Building Contractor;
Size of Tank: 2 (1000)Distribution Box: ----
System installed by:
No. of Lines: --- Width: ---- Linear Ft.: ---
aquivalent to
Square Ff♦: 1800 Maximum Trench Depth: 8"
This is to certify that system is installed according to Rules and Regulations
but id not a guarantee that It will function satisfactorily for
io ate: ar1ea
O p tion f 2
of tifie.
any given periodabsgrIc�
l"Undamitand and agree to install the septic tank system as GP2gy
Improvemen s ermh is void If an made without con
Dare
sera of the Health letive andlor if any false Informs-
n making Improvemelits Pe
EXISTING SYSTEM: ADDITION ❑ REMODELING ❑
System functioning properly at time of Inspection and Is approved for
ure/Aurhodzad 4�nr -- —•-
` Dare
proposed additionslrenovations.
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1 oar.. � j
BY oars
CotorCodes: Hoeft Dept, _Green; owner- while; Contractor-Canary;Improvements Permit- Pink;Inspectlonsbapt. - Gold

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NORTH CAROUMA DEFARTmeNT OF
ENYIRONMMNT AND NATURAL RESOURCES
March I5, I999 AsHEVILLE REGIONAL OFFICE
Mr. Layton Long _� ! ph l I P
Environmental Health Supervisor
Transylvania County Health Department f,
Community Services Building
�t,�R 17�9
Brevard, North Carolina 29712
Re: •Stoneybrook Subdivision Lot 29 on South Cherrywood Lane .
Dear Layton:
On February 11, 1999, we visited the above -mentioned lot to. determine if a subsurface treatment -and
disposal system could be approved for a three -bedroom home. An improvements permit (IP) had
been 4rlenally_issued for lot 29 by the Transylvania County Heahh Department on July 17, 1987.
A quick review of the .1900 Rules in effect at that time (dated July 1, 1982, as amended February
1, 19M showed the IP's expiration date to be July 17, 1990 (36 months after it was issued). Since
the original permit had expired, we evaluated .the site on its current merits to determine if a new lP
could be issued.. All relevant factors from the ori
current Rules. ginal paperwork were noted and compared with the
lire site can be characterized by a linear toe/foot slope landscape position and contains two
intersecting streams. The combination of these features indicates a potential for soil wetness
:onditions throughout the property. Soil auger borings were used to help delineate potential system
news and to eliminate those areas under the greatest influence of surface water and groundwater flow.
Mree (3) soil testpits were dug in arras we considered to have the most potential for system use;
3ach test pit had standing water at a. depth of 26 to 3 6 inches below the ground surface and consisted
if sandy loam to sandy clay loam soils derived from mixed alluvial sediments. In addition to the
Ihysicai wetness, there was evidence of a long-term soil wetness condition near the ground surface
n each pit. Our .1900 Rules define a soil wetness condition as soil colors which exhibit a chroma
if two (2) or' less when compared to a Munsell soil color chart Test pit #I. (see site plan for
pproximate location) had soil color with a Munsell designation of2.5Y 5/2 at five (5) inches below
ie ground surface. Pit #2 had 2.5Y 6/2 colors at thirteen (13) inches below the ground surface and
Fit#3 had SY 6/2 colors at ten (10) inches below the surface.
Unfortunately, the site fails to meet Rule .1942 (soil wetness condition) and the inn iat vertical
separation criteria implied therein. The next CKtansion.would be to consider a fill system for this site.
Based only on topography, the site would appear to meet those requirements. However, we must also
have at least twelve (12) inches of suitable or provisionally -suitable soli from the ground surface to
a'soil wetness condition (Rule .I957 b). Only pit #2 had the required initial siting criteria, which
would be much too small of an area to consider for system use. I further do not believe that sufficient
available space (Rule .I945) exists to consider a sand or peat filter pretreatment component, even
When combined with a fill system drain field.and UP distribution. With this third site visit I believe
we have exhausted all straightforward solutions to the problems on this property.
However, the owners have the following options which may allow -the use of their property as
desired: •
1) Purchase additional property containing soil which is suitable or provisionally suitable for
an onsite wastewater treatment and disposal system.
852 MERRIMON AVENUE, ASHEVILLE, NORTH CAROLINA 28a04
AN EQVALOPPORTUNITY/AFFIRMATIVEAc ION EMPLOYER=80y RECTCLEW]Oq POST ONSOMERIFaSPER

IVIr. Layton long .
page two
March 15, 1999
2) Obtain an easement on property containing soil which is suitable or provisionally suitable
"for an onsite wastewater treatment and disposal system,
' 2.qG —Sao
3) Kerry Becker of the Division of Water Quality in Asheville, NC (828,131.62p&) may, be
contacted to pmsue'options for a discharge permit, surface drip irrigation system, or other
system as permitted 6y their agency.
4) In accordance with The Laws and Rules for Sewage Treatment and Disposal, an onsite
wastewater treatment and disposal system may be pursued under Rule .1948(d). Part of the
process requires that written documentation, including engineering, hydrologic, geologic,
or soil studies, be submitted to the Transylvania County Health Department to show that the
proposed system can be expected to function properly. Ito data must include the following
information and may be reviewed by the State as requested by the health department
A) The .effluent from any. proposed. system must be .nonpathogenic, noninfectious,
nontoxic, and nonhazardous.
B) The groundwater and surface water must not be contaminated by the effluent.
C) The effluent must not be exposed to the ground surface or discharged to surface
waters where it could come into contact with people, animals, or disease -carrying
vectors.
A proposal for this site would need to include drainage modiffeations necessary to lower the seasonal
groundwater table, as well -as a monitoring program to verify that the modifications were functioning
as anticipated.
A list of soil consultants providing services in your area may be obtained from my office, but as you
are aware, I can make no specific recommendations. "If I can be of anymore assistance, do not
hesitate to call me at 828/251-6784.
Sincerely,
es A. Boyer Cl
Regional Soil Specialist
JAB/ilh
[kSDATA%VMDATAV61I180YMV" aST0

V�p1A
Terry L. Pierce, M.P.H.
Health Director =
• a
r r �
t r a
Trcmylvai is County Health Department
January 10, 2003
Joseph. and Martha McClanahan
2405 Stonehill Avenue
Valrico, FL 33594
Dear 1%&..8c Mrs. McClanahan:
TimothyJ. Shea, M.D.
Medical Director
Re: • Application for improvement permit property location Stoneybrook Subdivision
Lot 29 Pin #9505-13-0014-000
OnDecembei• 17, 2002, Neill Cagle, R.S., Joe Lynn, Regional Soil Specialist, and I evaluated the above-
referenceproperly inresponseto yourimprovementp=nitapplicadoarequestfor athreebedroomhouse.
The evaluation was done in accordancewith the laws and rules governing wastewater systems inNorth
Carolina General Statute 130A-333, related statutes, Title 15A, Subchapter 18A, oftheNorth Carolina
Administrative Code, Rule .1900 and related rules. Additionally, this site was visited three times in
1998/1999 onapreviouspemutrequest, andadenial letterwithoptions was issuedby meinmyformer
capacity as Regional Soil Specialist on March, I5,1999..Acopyofthisdenialletter was mailedtoyouon
November 20, 2002, at your request..' • • t
Based onthe criteriasetforthin Title 15A, Subchapter 18A, oftheNorth CaroIinaAdministrative Code,
Rules .1940 through .1948, the evaluations indicated that the site is UNSUITABLE fora ground
absorptionsewage system. Therefore, yourrequestfor animprovementpermitisDENIED.,Thesiteis
unsuitable based on the following:
X Unsuitable soil topography and/or landscape position (Rule .1.940).
Unsuitable soil characteristics (structure or clay rnineralogy)'(Rule .1941)
X Unsuitable Soil wetness condition (Rule .1942)
Unsuitable soil depth (Rule .1943)
Presence of restrictive horizon (Rule .1944)
X Insufficient space for septic system and repair area (Rule .1945)
Unsuitable for meeting required setbacks (Rule .1950)
X Other: Conditions/limitations are the same as in letter dated March 15 1999
The site evaluations included consideration ofpossible site modifications, and modified, innovative or
alternative system options permitted by this department. It has been determinedthat none ofthe above
options will overcome the limitations present on this property,
Forthe reasons set out above, the property is currently classified UNSUITABLE, and animprovement
permit cannot.be issued forthis site. In accordance withrule .1948 (d), sites classified as UNSUITABLE
may be re-classif ed as PROV.ISJONALLY SUITABLE ifwritten do cumentation is provided that meets
the requirements of rule .1948(d). A copy of this rule is enclosed.
Community Services Building • Brevard, North Carolina 28712 • Phone [phone] • FAX [phone]

.1948 SITE CLASSIFICATION
A A site classified as UNSUITABLE maybe used for aground absorption sewage treatment and
disposal systemspecifically identified in Rules .1955, .1956, or .1957 ofthis Section or a system approved
underRule .1969 ifwrittm documentation, including engineering, hydrogeologic, geologic or soil studies,
indicates to the local Such sites shall be reclassifiedasth aas PROVISItmentthat ONALLosed Y SUTTstem ABLL+pif� local health department
fun actoril
determines that the substantiating data indicate that:
(1) a ground absorption system can be installed so that the effluent will be non-pathogenic, non-
infectious, non -toxic, and non -hazardous;
(2) the effluent will not contaminate groundwater or surface water; and
(3) the effluent will not be exposed on the ground surface or be discharged to surface waters where
it could come in contact with people, animals, or vectors.
The State shall review the substantiating data if requested by the local health department

You mayhire a consultantto assistyou ifyouwish to try to develop a plan underwhicli yoursite
could be reclassified as PROVISIONALLY SUITABLE. This proposal may include an evaluation
of adjacent property which'you either own or have easement to for your intend®d use This
depatt<nerrtwill request slate as inreviewing any documentation submitted in accordance
rule. A partial listing of N.C. Licensed Soil Scientists (LSS) working in this area is enclosed for your withthis
convenience.
Youalsohave arighttoaformaiappealofthisdecision. To pursue aformal appeal, you in fileapetition
st
fora contested case hearing, withthe Office ofAdminish- ;ve Hearings, 5714 Mail Center, Raleigh, NC
27699-6714. To get aeopyofapetitionform, yo4maywritethe Office ofAdministr4ve
Hearings or call
the office at [phone]. The petition for a contested case hearing must be filed in accordance with
theprovisionofNorth CamlinaGeneral Statutes'130A-24 and 15OB-23 andall other applicableprovisions
of Chapter 150B. N.C. General Statue 130A-335 (g) provides that your hearing would be held in the
county where your property is located.
Please note: If you wish to pursue a formal appeal, you must file the petition form with the Office of
Administrative Hearings WITHIN 30 DAYS OF THE DATE OF THIS LETTER. The date ofthis
letter is January 10, 2003. Meeting the 30 day deadline is critical to your right to a fornial appeal. Ifyou
Me
apetition for a oontesied caseh earing with the office ofAdministrativeHearings, you are required by
law (N.C. General Stahrte 150$0-23) to send acopy of yourpetitionto the North CarolinaDepartment
ofEnvironmentandNatutalResources. Sendthecopyto:OfficeofGeneralGounsel,N.C.Departmen#
ofEnvironmentandNaturalResources,1601MaiiServiceCenter,Raleigh,N.C.27699-1601. Sending
acopy ofyourpetitiontothis department willNOT satisfythe legal requirement inN.C. Creneral Statute
i50B-23 that require you send a copy to the Office of General Counsel, NCDENR.
If you have questions or need additional information, you may reach me at (828) 884-313 9 Monday
through Friday.
S' cerely,
kIca
J es A. Boyer, R.S.
:Environmental Health Supervisor
Encl.: Copy of Rule .1948 (d)
cc: Gregory Mills, Evergreen Realty

LAWS AND RULES
FOR
SEWAGE TREATMENT, AND .
DISPOSAL SYSTEMS
Article 11, Chapter 130A of NCGS
15A NCAC 18A .1900 et seq.
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH
ON -SITE WASTEWATER SECTION
Law Amended Effective December 19, 2001
Rules Effective July 1,1982
Rules Amended Effective April 17, 2002
CONTENTS
ARTICIB 11 OF CHAPTER 130A, SANITARY SEWA(m SYSTEM

LAW
130A-333
Purpose
130A-334
Definitions
130A-335
Wastewater collection, treatment and disposal; rules
130A-335.1
Effluent filters and access devices for certain
septic tank systems
130A-336
Improvement permit and authorization for wastewater iv
system construction required
130A-337
Inspection; operation permit required
130A-338
Authorization for wastewater system construction
required before otherpermits to be issued
130A-339
Limitation on electrical service
130A-340
Review procedures and appeals
130A-341
Consideration of a site with existing fill
130A-342
Aerobic systems
130A-343
Experimental and innovative systems permitted
130A-343.1
Transfer of ownership
S.L.1997-443
Reissue certain wastewater permits
SECTION. 1900 SEWAGE TREATMENT AND DISPOSAL SYSTEMS
RULE
.1934 - Scope
.1935 - Definitions
.1936- Requirements for Sewage Treatment and Disposal
(Repealed EfE January. 1, 1990)
.1937 - Permits
.1938 - Responsibilities
.1939 - Site Evaluation
.1940- Topography and Landscape Position
.1941- Soil Characteristics (Morphology)
.1942 - Soil Wetness Conditions
.1943 : Soil Depth
.1944 - Restrictive Horizons
.1945 -Available Space
.1946 - Other Applicable Factors
.1947 -Determination of Overall Site Suitability
.1948 - Site Classification
.1949 - Sewage Flow Rates for Design Units
.1950 - Location of Sanitary Sewage Systems
.1951-Applicability of Rules
.1952 - Septic Tank, Effluent Filter, Dosing Tank and Lift Station Design
.1953 - Prefabricated Septic Tanks and Pump Tanks
.1954 -Minimum Standards for Precast Reinforced Concrete Tanks
.1955 - Design and Installation Criteria for Conventional Sewage Systems
.1956 -Modifications to Septic Tank Systems
.1957 - Design Criteria for Design of Altemative Sewage Systems
.1958 -Non-Ground Absorption Sewage Treatment Systems
.1959 - Privy Construction
.1960 -Maintenance of Privies
.1961-Maintenance of Sewage Systems
.1962-Applicability
.1963 - Disuse of Sewage System
(Repealed EfE August 1, 1988)
.1964-Interpretation and Technical Assistance
.1965 -Appeals Procedure
.1966-Severability
.1967-Injunctions
.1968 - Penalties
.1969 - Experimental and Innovative Systems, Components, or Devices
v
v
vi
ix
IX
PAGE
1
1
4
4
6
8
8
9
11
13
13
13
14
I4
14
15
17
19
20
23
23
26
29
32
39
40
40
40
43
43
43
44
44
44
44
44

use in Subchapter 18A of Chapter 18 if Title 15A of the North Carolina Administrative Code, Q.S. 130A-343, and any
applicable local rules or ordinances.
(b) As used in this subsection, "unit of local government' has the same meaning as in G.S, 160A-460.One ormore
units of local government located in the Counties of Camden, Currituck, Gates, Hertford, Pasquotank, Perquimans,
Tyrrell, and Washington may establish a joint agency for the purpose of owning and operating a provisionally
approved septic tank or innovative septic tank system as provided in Article 20 of Chapter 160A if the General
Statutes. Bertie County may join any joint agency established under this subsection. The owner of any provisionally
approved septic tank or innovative septic tank system may, upon acceptance by a joint agency established under
this subsection, transfer ownership of any real or personal property or interest therein that is a part of or used in
connection'with the provisionally approved septic tank or innovative septic tank system to the joint agency.
Notwithstanding G.S. 160A462(a), g joint agency created pursuant to this subsection may hold real property
necessary to the undertaking. Any county named in this subsection may accept rcal or personal property described
in this subsection from the owner of the property for a transfer to a joint agency established provided in this
subsection.
(o) The Counties of Bertie, Camden, Chowan, Currituck, Gates, Hertford, Pasquotank, Perquimaus, Tyrrell, and
Washington may adopt an ordinance providing that any fee for the inspection maintenance, and repair of a
provisionally approved septic tank or other innovative system may be billed as property taxes, may be payable in the
same manner as property taxes, and in the case of nonpayment, may be collected in any manner by which property
taxes can be collected. If tare ordinance states that delinquent fees can be collected in the same manner as delinquent
real property taxes, the delinquent fees are a lien on the real property described on the bill that inehrdes the fee.
(199-288, ss. 1-3; 2001-78, ss. 1-3)
§ 130A 344: Repealed by Session Laws 1995, c. 285, s. 2.
§ 130A-345: Reserved for future codificationpurposes.
S.L. 1997-443 (Special Provision of the 1997 Budget Bill)
REISSUL CERTAIN WASTEWATER PERNM
Section 15.18. Notwithstanding the provisions of Article I 1 Chapter 130A of the General Statutes to the contrary,
the Department of Environment Health, and Natural Resources or the local health department shall issue an
improvement permit and an authorization for wastewater system construction for any wastewater system that was
the subject of an improvement permit issued by a local health department between 7uly 1, 1982, and September 30,
1995, that expired prior to the installation of that wastewater system, upon a showing satisfactory to the
Department of the local health department, respectively, that all ofthe following conditions are satisfied:
(1) The site and soil conditions are unaltered.
(2) The facility, design wastewater flow, and wastewater characteristics are not increased since the expired
permit was issued.
(3) A wastewater system can be installed that meets the permitting requirements in effect on the date the
expired improvement permit was issued
(4) The intended use has not changed.
(5) There is not current technology that can reasonably be expected to improve the performance of the
system.
(6) But for the issuance of an authorization for wastewater system construction under this act, the
proposed site cannot be developed for the purpose for which the expired permit was issue.

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NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director Janet S. Boyer, Regional Engineer
July 18, 2005
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7004-1350-0001-6624-9866
RETURN RECEIPT REQUESTED
Twin Falls, LLC
A N.C. Corporation
P.O. Box 1606
Macon, GA 31202-1606
CERTIFIED MAIL 7004-1350-0001-6624-9873
RETURN RECEIPT REQUESTED
Twin Falls, LLC
R.A. Shelton Jones
5 Park Place
Brevard, NC 28712
RE: Project Name: Twin Falls -
Project ID: None
County: Transylvania
Compliance Deadline: August 23, 2005
Days from Receipt: 30
Dear Sir or Madam:
I .
J U L 1 9 2005
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
On J my 14, 2005 personnel of this office inspected a project located off Upper Whitenwater Road in Transylvania
County, North Carolina. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed a land -disturbing activity of
approximately 1.6 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, G.S. 113A-50 to 66, Title
15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
2090 US HWY 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Notice of Violations
Twin Falls, LLC/R.A. Shelton Jones
July 18, 2005
Page 2 of 3
The violations that were found are:
Failure to file an erosion and sedimentation control plan with this office at least 30 days priorto beginning a land -
disturbing activity on a tract comprising more than one acre, when more than one acre is to be uncovered, failure
to secure this office's prior approval of the plan for any land -disturbing activity prior to beginning the land -
disturbing activity. G.S. 113A-54(d)(4), G.S. 113A-57(4) and 15A NCAC 413.0107(c). 1.6 acres were graded
without an approved erosion control plan.
Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and
erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the
boundaries of the tract during construction upon and development of the tract. G.S. 113A-57(3). Slight amount
of sediment has washed on to the DOT right of way on Upper WhitewaterRoad and the Thompson River.
Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and
erosion control devices sufficient to retain the sediment generated by the land disturbing activity within the
boundaries of the tract during construction upon and development of the tract. G.S. 1 13A-57(3). Slight amount
of sediment has washed on to the DOT right of way on Upper Whitewater Road and the Thompson River.
Failure to take all reasonable measures to protect all public and private property from damage by such land -
disturbing activities. 15A NCAC 413.0105. Slight amount of sediment has washed on to the DOT right of way
on Upper Whitewater Road and the Thompson River.
Failure to retain along designated trout waters a buffer zone 25 feet wide or of sufficient width to confine visible
siltation by natural or artificial means within the 25 percent of that portion of the buffer zone nearest the land -
disturbing activity, whichever is greater. G.S. 113A-57(1). Slight amount of sediment has washed into the
Thompson River at Lot #f10.
To correct these violation, you must:
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent off -site sedimentation. Until the required plan has been approved,
temporary measures must be provided immediately to control erosion and prevent sedimentation damage. Any
additional land -disturbing activities conducted without an approved erosion and sedimentation control plan will
constitute additional violations of the Act. We will notify you following our review of the plan if additional
measure are required.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover" or of "ground
cover sufficient to restrain erosion." These requirements are not satisfied until an adequate cover of grass or other
ground cover (such as properly applied and secured, mulched seeding or appropriate rip -rap) is established which
is, in face, sufficient to restrain accelerated or man-made erosion.
The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for compliance is
not required for enforcement of this violation pursuant to NCGS 113A-61.1(c) and NCGS 113A-64(a)(1).
Therefore, the initial violation may be referred to the Director, Division of Land Resources, for appropriate action.
Please be advised that if these violation are not corrected within 30 days of receipt of this notice or before August
23, 2005, whichever term is longer, the Director, Division of Land Resources,. will be requested to take
appropriate legal action against you pursuant to NCGS 1 13A-64. That action could,be the assessment of a civil
penalty, and the amount may be up to $5,000.00 per day for each day of the violation. The penalty may be
Notice of Violations
2090 US HWY 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50 % recycled/10°/ post -consumer paper

Twin Falls, LLC/R.A. Shelton Jones
July 18, 2005
Page 3 of 3
assessed from the date of the violation, NCGS 113A-64(a)(1). If the violations are corrected within the time
period specified for compliance, no further legal action will be pursued.
Please be advised that any new land -disturbing activity associated with this project should not begin until the area
presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should
notify this office so that work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you. After installation, all erosion control measures must be maintained in proper
working order until the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is
your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative rules may be examined at this office or will be sent to you upon request. Should you have
questions concerning this notice or the requirements of the Act please contact either Charles Koontz or me at your
earliest convenience.
Sincerely,
` 'T
anet S. Boyer
Land Quality Section
Enclosures: Sedimentation Inspection Report
Financial Responsibility Form
Erosion Control Plan Checklist
cc: State Sedimentation Specialist
Regional Water Quality Supervisor
2090 US HWY 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

County _
Person F
Address:
NORTH CAROLINADEPARTMENT OFENVIRONMENTAND NATURAL RESOURCES
LAND QUALITYSECTION-2090 U.S. Hwy. 70, Swannanoa, NC28779 [phone]
Vim- Project: `TC`/i.� f A L 4-5 River Basin
le: ''' 1ilJ BALLS LLL Project #_
1. Project Location Pictures: No ❑
Yes
2. Weather and Soil Conditions . Iyt. k-
3. Is site currently under notice of violation? Yes ❑ NoJ4-
4. Is the site in compliance with the S.P.C.A. and the rules?
Yes ❑
5. ,Violations:
No approved plan, G.S.113A-57(4) and 15A NCAC 4B.0107(c)
�g.
b. Failure to follow approved plan, G.S.113A-61.1
❑ h.
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A NCAC 4B.0118(a)
❑ i.
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
❑ j.
15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(e)
Insufficient measures to retain sediment on site, G.S.113A-57(3)
❑ k.
Failure to take all reasonable measures, 15A NCAC 4B.0105
Case #
S4,✓
Prints ❑ Slides ❑ Digitalg. Video ❑
i
I
i
NIf no, check violations below:
i
i
Inadequate buffer zone; G.S. 113A-57(1)
Graded slopes and fills !too steep, G.S.113A-57(2)
or 15A NCAC 4B.0124(d)
Unprotected exposed slopes, G.S. 113A-57(2)
Failure to maintain erosion control measures,
15A NCAC 4B.0113
Other (describe)
6. NPDES Permit Violation? Yes;W No ❑ Describe At M-R•h tT5
7. Has sedimentation damage occurred since last inspection? Yes,53C If yes, where? (check all that apply): No ❑
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract' Other property
Description:
Degree of damage: Slight' Moderate ❑ Severe ❑
8. Contact made with (Name) t'!•`". Title
Inspection Report given ❑ or sent° to Person Financially Responsible Date given/sent
9. Corrective actions needed:
' J 4� �l'ZTt `% A -ICJ `✓'d cv: � �dt'4`bJe77,�T/ Gc^. 'TF:61-1
foot/
i
�'�� � �� �lita th1 i C'G°�:tiZ"y'(r :� �'� �='X1`�-te :�'-s �a� e'_s' c�✓� 'Tt3
f `�% t� `:7r i� E 771, A✓
�-- % &c%_.T- xt %G 7 G pit 121 C:�- u :. i ,t; c7 C.
10. Comments:
iCy
�fa L
`� Ei � .�� /� t�eC:Cc :v'T.. f> i= - � l�� t-�t L:)v� i / ��`�; a �i, Q 4/T[j
tiI A-t. 6
/-A `s LA -'A S b c-r ( n!2 `L f� 'f fed �'v+� `-�G: ✓ 1�C �'�J::,i2 �'— GEr"[ GJ .
i
Report by: 1�� `1-t—� Others present !
4� 36Ptt
Date of Inspection: �� f �5 Time arriving at site: � G . ���s.� Time leaving site: l2
I
cc:
White Copy to File Yellow Copy to Owner ! Pink Copy to Environmental Technician
7/01

NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director Janet S. Boyer, Regional Engineer
July 11, 2005
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7REQUESTED-6624-9934
RETURN RECEIPT
J. Warren & Brenda K. Shelton
235 AA BABB Road I
Rosman, NC 28772 � JUL 14 2005
RE: Project Name: Shelton Property I---
'
WATER QUALITY SECTION
Project ID: None ASHEVILLE HEGi-01N.4L OFFICE
County: Transylvania --
Compliance Deadline: August 17, 2005
Days from Receipt: 30
Dear Sir or Madam:
On July 5, 2005 personnel of this office inspected a project located off Blue Bird Lane and Babb Road in
Transylvania County, North Carolina. This inspection was performed to determine compliance with the North
Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed a land -disturbing activity -
of approximately 1.5 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose
of this letter is to inform you that this activity was found to be in violation of the Act, G.S. 113A-50 to 66, Title
1.5A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
The violations that were found are:
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to beginning a land-
istur ing activity on a tract comprising more than one acre, when more than one acre is to be uncovered, failure
to secure this office's prior approval of the plan for any land -disturbing activity prior to beginning the land-
2090 US HWY 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% recycled/] 0% post -consumer paper

Notice of Violations
J. Warren & Brenda K. Shelton
July 7, 2005
Page 2 of 3
disturbing activity. G.S. 1 13A-54(d)(4), G.S. 1 13A-57(4) and 15A NCAC 413.0107(c). Approximately 1.5 acres
area graded for a house and driveway without an erosion control plan.
Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and
erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the
boundaries of the tract during construction upon and development of the tract. G.S. 113A-57(3). No erosion
control measures were installed.
Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and
erosion control devices sufficient to retain the sediment generated by the land disturbing activity within the
boundaries of the tract during construction upon and development of the tract. G.S. 113A-57(3). No erosion
control measures. Sediment has washed onto property owned by others.
Failure to take all reasonable measures to protect all public and private property from damage by such land -
disturbing activities. 15A NCAC 413.0105. No erosion control measures. Sediment has washed onto property
owned by others.
Failure to maintain on graded slopes and fills, an angle which can be retained by vegetative cover or other
adequate erosion control devices or structures. G.S. 113A-57(2) and (if in HQW Zone) 15 NCAC 4B.0124(d).
Gulley erosion or fill slopes has prevented stabilization by a vegetative cover.
Failure within 15 working days or 30 calendar days (whichever period is shorter) of completion of any phase of
grading to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices, or structures
sufficient to restrain erosion. G.S. 113A-57(2). Attempt at establishing a vegetative ground cover was not
successful due to rill and gulley erosion.
To correct these violation, you must:
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent off -site sedimentation. Until the required plan has been approved,
temporary measures must be provided immediately to control erosion and prevent sedimentation damage. Any
additional land -disturbing activities conducted without an approved erosion and sedimentation control plan will
constitute additional violations of the Act. We will notify you following our review of the plan if additional
measure are required.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover" or of "ground
cover sufficient to restrain erosion." These requirements are not satisfied until an adequate cover of grass or other
ground cover (such as properlyapplied and secured, mulched seeding orappropriate rip -rap) is established which
is, in face, sufficient to restrain accelerated or man-made erosion.
The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for compliance is
not required for enforcement of this violation pursuant to NCGS 113A-61.1(c) and NCGS 113A-64(a)(1).
Therefore, the initial violation may be referred to the Director, Division of Land Resources, for appropriate action _,-
Please be advised that if these violation are not corrected within 30 days of receipt of this notice or before August
17, 2005, whichever term is longer, the Director, Division of Land Resources, will be requested to take
appropriate legal action against you pursuant to NCGS 1 13A-64. That action could be the assessment of a civil
penalty, and the amount may be up to $5,000.00 per day for each day of the violation. The penalty may be
assessed from the date of the violation, NCGS 113A-64(a)(1). If the violations are corrected within the time
period specified for compliance, no further legal action will be pursued.
2090 US HWY 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Notice of Violations
J. Warren & Brenda K. Shelton
July 7, 2005
Page 3 of 3
Please be advised that any new land -disturbing activity associated with this project should not begin until the area
presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should
notify this office so that work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you. After installation, all erosion control measures must be maintained in proper
working order until the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is
your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute
and administrative rules may be examined at this office or will be sent to you upon request. Should you have
questions concerning this notice or the requirements of the Act please contact either Charles Koontz or me at your
earliest convenience.
Sincerely,
J net S. Boyer
and Quality Section
Enclosures: Sedimentation Inspection Report
Financial Responsibility Form
Erosion Control Plan Checklist
cc: State Sedimentation Specialist
Regional Water Quality Supervisor
. 2090 US HWY 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% recycled/10% post -consumer paper

i
NORTH C,4ROLINADEPARTMENT OFENVIRONMENTAND NATURAL RESOURCES
_, LAND QUALITY SECTION.- 2090 U.S. Hwy. 70, Swannanoa, NC28778 [phone]
County
Person 1
Address
1. Project Locationfictures: No ❑
CP
YesWf
2. Weather and Soil Conditions ' �-
3. Is site currently under notice of violation? Yes ❑ No•01
4. Is the site in compliance with the S.P.C.A. and the riles?
Yes ❑
5. Violations:
Xa. No approved plan, G.S.113A-57(4) and 15A NCAC 4B.0107(c)
❑ g.
❑ b. Failure to follow approved plan, G.S. 113A-61.1
h.
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and
,
15A NCAC 413.0118(a)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
�.
15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(e)
Insufficient measures to retain sediment on site, G.S.113A-57(3)
❑ k.
Failure to take all reasonable measures, 15A NCAC 413.0105
6. NPDES Permit Violation? Yes ❑ No ❑ Describe
Case #
Prints ❑ Slides ❑ Digital ❑ Video ❑
N;IEF-.,, If no, check violations below:
Inadequate buffer zone, G.S. 113A-57(1)
Graded slopes and fills too steep, G.S. 113A-57(2)
or 15A NCAC 4B.0124(d)
Unprotected exposed slopes, G.S. 113A-57(2)
Failure to maintain erosion control measures,
15A NCAC 413.0113
Other (describe)
7. Has sedimentation damageoccurred since last inspection? Yes If yes, where? (check all that apply): No ❑
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property -Pe—
Description:
Degree of damage: Slig�j r_❑ Moderate s Sere ❑
8. Contact made with (Name) �JC :U'n' LJI-1 C- CS• f.� 7� �� Title
Inspection Report given ❑ or send' to Person Financially Responsible Date given/sent
9. Corrective actions needed:
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10. Comments: e�23J ZC-
Report by: /tL G�-�%�+r rT� Others present `
Date of Inspection: 7�S,n S _ Time arriving at site: �J Time leaving site:
cc:
White Copy to File
Yellow Copy to Owner
Pink Copy to Environmental Technician
7/04

Wiggs, Linda
From: Edwards, Roger
Sent: Monday, July 26, 2010 2:42 PM
To: Wiggs, Linda; Frazier, Wanda
Subject: The Wilds - Trans Co.
Complaint of foam in Frozen Creek. Not sure if this is above or below the WWTP discharge. Also, report of chemical
used at locations on the stream for control of mosquitoes, which could be causing foam problems. Please check this out
and let me know what you discover. Please enter this into BIMS complaints.
For information contact Lori at Pisgah Ranger Station, phone [phone].
Thanks,
Roger Edwards - [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]
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.

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NCDENR
�.i
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
March 18, 2014
Sapphire Lakes Group, LLC
The Honorable Mark Meadows, Manager &
Kimberly R. Coward, Registered Agent
Post Office Box 1918
Cashier, NC 28717
Subject: Incident Closure
Burlingame Development
NOV-2014-PC-0017
Transylvania County
Dear Mr. Meadows and Ms. Coward:
John E. Skvada, III
Secretary
I completed a follow-up inspection at the subject site on March 5, 2014 related to the Notice of
Violation and Recommendation for Enforcement NOV-2014-PC-0017.
The sediment and erosion control work performed have satisfactorily resolved the concerns related
to water quality impacts on the site.
Your attention and cooperation is greatly appreciated. Should you have any questions regarding
this matter or other water quality issues or concerns, please contact me at [phone] or
chuck.cranfordnncdenr.gov .
Sincerely,
Chuck Cranford
Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Karen Higgins — 401 and Buffer Permitting Unit
Laura Herbert - Division of Energy, Mineral, and Land Resources
rillycop;.
G:\WR\WQ\Transylvania\Complaints\Burlingame\NOVClosure.03.18.14.docx
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal.nGdenr.org/web/wq
An Equal Opportunity 1 Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 30, 2014
CERTIFIED MAIL — 70121010 00021967 7497
CERTIFIED MAIL — 70121010 00021967 7480
RETURN RECEIPT REQUESTED
Sapphire Lakes Group, LLC
The Honorable Mark Meadows, Manager
Post Office Box 802
Skyland, NC 28776
SUBJECT: NOTICE OF VIOLATION
Sapphire Lakes Group, LLC
Kimberly R. Coward, Registered Agent
Post Office Box 1918
Cashier, NC 28717
Burlingame Development
NOV-2014-PC-0017
Stream Standard Violation - Other Waste (In -stream sediment)
Transylvania County
Response deadline: February 19, 2014
Dear Mr. Meadows and Ms. Coward:
On January 24, 2014, Chuck Cranford, from the Asheville Regional Office of the Division of
Water Resources (DWR) conducted.a site inspection at the Burlingame Development in
Transylvania County. The inspection was conducted in response to receipt of a Notice of
Violation issued by the Division of Energy, Mineral and Land Resources.
Stream standard violations were noted during the inspection. Sediment impacts to an unnamed
tributary to the Horsepasture River (Class C; Trout waters) were documented.
As a result of the site inspection, the following violations were identified:
VIOLATIONS
I. Stream Standard Violation - Other Waste (In -stream sediment)15A NCAC 02B
.0211 (3)f — In excess of 200 feet of an unnamed tributary to the Horsepasture River
(Class C; Trout waters) was impacted by sediment deposition measured to be upwards of
six (6) inches in depth in pockets throughout the stream reach, representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (fl.
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
828-296.45001 FAX: [phone]
IntViet http://podal.nedenr.org/web/wq/ws
Equal Opportunity 1 Affirmative Action Employer

Sapphire Lakes Group, LLC
January 30, 2014
Page 2 of 2
REQUIRED RESPONSE
The DWR requests that you respond by February 19, 2014. Your response should be sent to the
attention of Chuck Cranford, Division of Water Resources, 2090 US HWY 70, Swannanoa, NC
28778 and should address the following items:
1. Stream Standard - Other Waste (In -Stream Sediment)
At this time, removal of sediment from the stream is not considered necessary; however,
any additional loss of sediment to the stream will require remediation.
Please provide an explanation as to how erosion and sedimentation will be controlled at
the site to prevent additional impacts to the stream. Include a timeline of the anticipated
efforts and actions.
Thank you for your attention to this matter. Should you have any questions or need any
assistance, please contact Chuck Cranford at [phone] or chuck. cranfordgncdenr.gov .
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Karen Higgins - 401 & Buffer Permitting Unit
Wes_ # — ---- -:
Laura Herbert - Division of Energy, Mineral, and Land Resources
G:\WR\WQ\Transylvania\Complaints\BurlingameWO V.1.29.14.doc

0
A61,
NCDENR
North Carolina Department of Environment and Natural Resources
Tracy Davis, PE, CPM
Director
Division of Energy, Mineral, and Land Resources
Land Quality Section
January 7, 2014
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL- 7012 1010 0002 1967 9491
CERTIFIED MAIL- 7012 1010 0002 1967 9507
RETURN RECEIPT REQUESTED
Sapphire Lakes Group, LLC
The Honorable Mark Meadows, Manager
425 L Street NW, Apartment.401
Washington, DC 20001
Pat McCrory, Governor
John E. Skvarla, III, Secretary
Sapphire Lakes Group, LLC
Kimberly R. Coward, Registered Agent
PO Box 1918
Cashiers, North Carolina 28717
RE: Project Name: Burlingame — Golf Practice Range
Project ID: TRANS-2008-026
County: Transylvania
Compliance Deadline: February 10, 2014 or 30 days from receipt
Dear Mr. Meadows and Ms. Coward:
On December 31, 2013, personnel of this office inspected a project located off Upper Whitewater
Road in Transylvania County, North Carolina. This inspection was performed to determine
compliance with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. The
inspection revealed a -land -disturbing activity of approximately 18 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the Act,
G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel
that you are not responsible for the following violations, please notify this office immediately.
Asheville Regional Office, 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] ♦ Fax [phone]
http://portal. ncdenr. org/group/ir/land-quality NorthCarolina
An Equal Opportunity I Affirmative Aotlon Employer AlxtllrR!!l� J

"NN
Notice of Violations
Sapphire Lakes Group, LLC -- Mark Meadows
January 7, 2014
Page 2 of 3
The violations that were found are:
5d. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on
a tract, to provide a permanent ground cover sufficient to restrain erosion on such exposed
areas within 15 working days or 90 calendar days; whichever is shorter, after completion of
construction or development. G.S. 113A-57(3) and 15A NCAC 4B .0107(b). Ground
cover sufficient to restrain erosion has not been established.
5f. Failure to take all reasonable measures to protect all public and private property from
damage by such land -disturbing activities. 15A NCAC 4B .0105. Sediment has washed
into an unnamed tributary to Horsepasture River (Class C- Trout).
5g. Failure to retain along designated trout waters a buffer zone 25 feet wide or of sufficient
width to confine visible siltation by natural or artificial means within the 25 percent of that
portion of the buffer zone nearest the land -disturbing activity, whichever is greater. G.S.
113A-57(1). Sediment has washed into an unnamed tributary to Horsepasture River
(Class C- Trout).
5j. Failure to install and. maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved plan or any provision of the Act, and rules
adopted thereunder, during or after the development of a site. 15 NCAC 4B .0113.
Erosion and sedimentation control measures have not been properly maintained.
To correct these violations, you must:
1. Repair and maintain silt fence and diversion berm where failure has occurred at SFB #3
location.
2. Repair and stabilize with ground cover sufficient to restrain erosion all diversion ditches
where erosion is occurring.
3. Install all additional measures necessary to restrain erosion and to prevent sediment from
washing into stream.
Please note that merely planting grassseed does not satisfy the requirements of "vegetative
cover" or of "ground cover sufficient to restrain erosion." These requirements are not satisfied
until an adequate cover of grass or other ground cover (such as properly applied and secured,
mulched seeding or appropriate rip -rap) is established which is, in fact, sufficient to restrain
accelerated or man-made erosion.
The violations cited herein may be referred to the Director of the Division of Energy, Mineral and
Land Resources for appropriate enforcement action, including civil penalty assessments for an
initial one -day violation and/or a continuing violation. The penalty for an initial one -day violation
may be assessed in an amount not to exceed $5,000.00. The Division of Energy, Mineral and
Land Resources is not required to provide a time period for compliance before assessing an initial
penalty for the violations cited herein. Please be advised that a civil penalty may be assessed for
the initial day of violations regardless of whether the violations are corrected within the time period
set out below.

Notice of Violations
Sapphire Lakes Group, LLC — Mark Meadows
January 7, 2014
Page 3 of 3
In addition, if the violations cited herein are not corrected within 30 days of receipt of this notice or
before February 10, 2014, whichever term is longer, this office may request that the Director take
appropriate legal action against you for continuing violations pursuant to NCGS 11-3A-61.1 and
113A-64. A penalty may be assessed from the date of the violation, pursuant to NCGS 113A-
64(a)(1), and for each day of a continuing violation in an amount not to exceed $5,000.00 per day.
Please be advised that any new land -disturbing activity associated with this project should not
begin until the area presently disturbed is brought into compliance with the Act. When corrective
actions are complete, you should notify this office so that work can be inspected. You should not
assume that the project is in compliance with the Act until we have notified you. After installation,
all erosion control measures must be maintained in, proper working order until the site is
completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be
sent to you upon request. Should you have questions concerning this notice or the requirements
of the Act please contact either Jeff Wait or me at your earliest convenience.
Sincerely,
Laura Herbert, PE
Regional Engineer
Enclosures: Sedimentation Inspection Report
ec: Gray Hauser, PE, State Sedimentation Specialist
Chuck Cranford, Assistant Regional Supervisor Water Quality Regional Operations Section

SEL)IMENTATIOIN*ONSTRUCTION STORM e
North Carolina Department of Environment and Natural Resources
Land Quality Section: 2090 US. Highway 70, Swannanoa, NC 28778 [phone]
County: Project: G- v%River basin:.
Person financially responsible: Mew osn/S Project #: O$ oZa.
Address: 42-5 L -54. Ajr,9 p l./e,/ /„/„']�,;v.�71e,n_7iL 2ou,r, 1 Case#
1. Project location: h;
Pictures: No: ❑ Yes: / Video: [I'D7 italO
2. Weather and soil conditions: 30 o ` �l's First inspection: Yes: El No
3. Is site currently under notice of violation? Yes: ❑ No:
4. Is the site in compliance with S.P.C.A. and rules? Yes: ❑ No: If no, check violations below:
Ela. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.0 4B.010 (c) 0g. Inadequate buffer zone, G.S. I I3A-57(1)
❑ b. Failure to follow approved plan, G.S. I I3A-57(5) ❑ h. Graded slopes and fills too steep,
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and G.S. 113A-57(2) or 15A N.C.A.C. 413.0124(d)
15A N.C.A.C. 413.0118(a) ❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
�d. Failure to provide adequate groundcover, G.S. I I3A-57(3) and ;XJ.
Failure to maintain measures, 15A N.C.A.C. 4B.0113
15A N.C.A.C. 4B.0107(b) or 15A N.C.A.C. 4B.0124(e) LJ k. Failure to self -inspect G.S. I I3A-54.1(e) and
❑ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) 15A N.C.A.C. 413.0131
[Xf. Failure to take all reasonable measures, 15A N.C.A.C. 413.0105 ❑1. Other (describe)
5. Is the site in compliance with NPDES Permit NCG 010000? Yes: ❑ No: Not applicable: ElIf no, check violations below:
❑ m. Failure to manage construction site pollutants,
r. Failure to have approved plan and NPDES
NCG 010000 Sec. 11, B.1
On. Failure to provide ground stabilization, NCG 010000 Sec. II, B.2
permit on site, NCG 010000 Sec. III, 3(d)
❑ s. Failure to install and maintain BMP's,
❑ o. Failure to maintain rain gauge or record daily rainfall
NCG 010000 Sec, III, 4
NCG 010000 Sec. II, B.3(a b)
�t. Failure to operate and maintain control
❑ p. Failure to meet self -inspection and reporting requirements,
measures, NCG 010000 Sec. IV, 1
NCG 010000 Sec. II, B.3(c-i)
❑ u. Bypass of stormwater control facilities,
❑ q. Failure to dewater sediment basin from surface,
NCG 010000, Sec. IV, 3
NCG 010000 Sec. I1, B.4
❑ v. Other (describe)
6. Has sedimentation damage occurred since last inspection or at I" inspection? Yes: 0lf yes, where? (check all that apply) No: ❑
Lake/natural watercourse on the tract: V Lake/natural watercourse off the tract: D Other property: ❑
Description: '�5 h/ti91, 1� ram ©✓1 `S i
Stormwater Discharge Outfall with sediment loss:
Degree of damage: slight: 7r moderate: ❑ severe : ❑ /
7. Contact made with (name): . /l v o � + a c T
Title: 0
Inspection report given:❑ or sent: to person financially responsible.
Date given/sent:
8. Comments:
M Permanent ground cover sufficient to restrain erosion has been established. No additional self -monitoring or self -inspections are
required. Project is released and coverage under NPDES General Stormwater Permit for Construction Activities is terminated.
See page 2 for Corrective Actions
r
Report by: Others present:
Date of inspection: 2 1 Time arriving on site: / c %--:� Time leaving site:
cc: Page I of Z`

V,
North Carolina Department of Environment and Natural Resources
Land Quality Section: 2090 U.S., Highway 70, Swannanoa, NC 28778 [phone]
County: IrOV15, Project;—&lliv%carrie- 45:•River basin: -w+
9. Corrective actions needed for:
S.P.C.A. and rules:
❑ Submit an approvable sedimentation and erosion control plan, including appropriate review fee, covering all areas disturbed or to be
disturbed.
❑ Install all sedimentation and erosion control measures as shown on the approved plan.
❑ Submit a revised sedimentation and erosion control plan.
❑ Provide adequate permanent ground cover on all areas where development has been completed according to the time limits in the
approved plan.
❑ Install erosion and sediment control devices sufficient to retain sediment on the tract.
❑ Install temporary sediment traps or basins and associated diversions as shown on the approved plan.
❑ Install adequate drop inlet protection as shown on the approved plan.
❑ Provide an adequate stream buffer zone of sufficient width to confine visible sedimentation within the 25% of the buffer nearer the land
disturbance using natural or artificial means (minimum 25-foot width in Trout Waters).
❑ Reduce the angle of graded slopes to an angle on which vegetative ground cover may be established.
❑ For disturbed areas less than one acre, provide adequate temporary or permanent ground cover on all graded slopes where rough or fine
grading has been completed for 21 calendar days.
❑ Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent sedimentation
damage.
NPDES Permit NCG 010000:
❑ Properly handle concrete to avoid contact with surface waters, wetlands or buffers and prevent discharge from site.
❑ Relocate soil stockpiles at least 50 feet away from storm drain inlets or surface waters.
❑ Provide adequate temporary or permanent ground cover on areas where land -disturbing activity has ceased in 7 or 14 days according to
NCO 01000 permit conditions.
❑ Provide sediment basins with a drainage area of one acre or greater with a skimmer or flashboard riser.
❑ Inspect all erosion and sedimentation control measures and storm discharge outfalls at least weekly and within 24 hours of a rainfall
event of %: inch or greater and complete self -monitoring reports.
❑ Maintain a rain gauge in good working order and record daily rainfall amounts.
10. Additional Corrective Actions:
Report by: Date of inspection: Z I Page 2 of Z

Cranford, Chuck
From: Wait, Jeff
Sent: Thursday, January 09, 2014 4:09 PM
To: Cranford, Chuck
Subject: RE: Burlingame
Take 64W to Upper Whitewater Rd. on left just past Burlingame Country Club Entrance. Stay on Upper Whitewater till
you cross Horsepasture River. Take first left after crossing river. There is a gate but it has always been open. Stay on '
this road to very end and you will be at the lower end of the site. There are a couple places you can turn off to the -"
to access upper parts of the site. I will be glad to go with you sometime if you like just let me know. v
Jeff Wait - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Energy, Minerals and Land Resources
Land Quality Section
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: Cranford, Chuck
Sent: Thursday, January 09, 2014 3:54 PM
To: Wait, Jeff
Subject: RE: Burlingame
Thanks Jeff.
Can you give me directions to this place?
Chuck
Chuck Cranford
Assistant Regional Supervisor, Water Quality Regional Operations
Division of Water Resources
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
[e-mail]
Email correspondence to and from this address is subject to
the North Carolina Public Records Law and may be disclosed

to third parties unless the content is exempt by statute or
other regulation.
From: Wait, Jeff
Sent: Thursday, January 09, 2014 3:37 PM
To: Cranford, Chuck
Subject: RE: Burlingame
I put the photos in your Cranford folder. There is a couple inches of sediment in stream right at headwater area.
Jeff Wait - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Energy, Minerals and Land Resources
Land Quality Section
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: Cranford, Chuck
Sent: Thursday, January 09, 2014 2:42 PM
To: Wait, Jeff
Subject: RE: Burlingame
Sure. Share them. How much sediment in the stream?
Thanks,
Chuck
Chuck Cranford
Assistant Regional Supervisor, Water Quality Regional Operations
Division of Water Resources
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
[e-mail]
Email correspondence to and from this address is subject to
the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by statute or
other regulation.
From: Wait, Jeff
Sent: Thursday, January 09, 2014 2:01 PM

2090 U.S. 70, Swannanoa, NC 28778 to 7930 E Fork Rd, Brevard, NC 28712 - Google M... Page 1 of 1
a Directions to 7930 E Fork Rd, Brevard, NC
o 28712
45.1 mi - about 1 hour 6 mins
't 2090 U.S. 70, Swannanoa, NC 28778
1. Head southeast on Walters Rd toward US-70 W go 266 ft
total 266 ft
70 2 Turn right onto US 70 W go 2.5 mi
-About4 rains total- mi'.
3. Turn left onto Porters Cove Rd
go 0.2 mi
total 2.7 mi
Y
4. Turn right onto the Interstate 40 W ramp to Asheville
go 0 3 mi
total_3.0-mi,
5. Merge onto 1-40 W
- go 3.3 mi
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total 6.4 mi
u �1
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go 0.3pmi
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7. Turn left onto US-25A S/Sweeten Creek Rd
go 7.0 mi
Continue to follow US-25A S
total 13.6 mi
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a80
T8 Continue onto NC-280 W/State Rd, 3526/Airport Rd,
9018.1 mi!,
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total 31.7 mi
About 22 mins
j
h276
9. Slight right onto US-276 S/US-64 W y
go 3.4 mi
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total 35.1 mi
276
10 Turn left onto US-276 S/E Main St
go 4 8 mij
Continue to follow US-276_ S
total 39.9 ,'mi
"About 7.miis
11. Turn right onto Connestee Rd
go 0.6 mi
About 2 mins
total 40.5 mi
+
12. Turn left onto State Rd ;1110/Island KFord Rd
go 0.7 mil
About 2 mins
About
total 41.2 mil
13. Continue onto Walnut Hollow Rd
m go 0.5 mi
About 58 secs
total 41.7 mi
1'4.�'Turn left,to°stay on Walnut Hollow Rd
go 2.8 mi
About 7 mtns
total 44 5 mi
15. Continue onto State Rd 1107/E Fork Rd go 0.6 mi
Destination will be on the left total 45.1 mi
About 2 mins
7930 E Fork Rd, Brevard, NC 28712
These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause
conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your
route.
Map data ©2014 Google
Directions weren't right? Please find your route on ma s. oo le.com and click "Report aproblem" at the bottom left.
https://maps.google.comlmaps?i d&source=s_d&saddr=2090+U.S.+70,+Swannanoa,+NC... 1/21/2014

7
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Transylvania County, NC
Disclaimer: The information contained on this page is taken from aerial mapping, tax mapping, and public records and is NOT to be construed or
used as a survey or'legal description'. Only a licensed professional land surveyor can legally determine precise locations, elevations, length and
direction of a line, and areas.
Parcels
PIN: 8572-63-9999-000
Sale Date: 200601
Sale Inst: RW
Owner Name: EAST FORK LAKE PROPERTY LLC
COUNTY —ID: T311 00070 06
Sale Imp: I
Owner Address: 6530 W ROGERS CIR STE 31
FIREDIST: FR05
Land Value: 934340
City: BOCA RATON
Acres: 150.7
Assessed Value: 49730
State: FL
Waterfront: N
ACCOUNT —NO: 70005950
Zip: 33487
Land Area: 150.7
Legal Address: OFF SR 1107
Deed Book: 00331
Land Units: AC
Deed Page: 0640
TWSP: 06
Attributes atpoint: N: 524196, E: 877005
Fire Districts Voting Tabulation Districts (VTD) Precincts
Fire District: FR05 Name: East Fork Description: EF_EAST FORK
htto://www.webgis.net Anderson & Associates, Inc, httvl w.andassoc.com
http://aregis.webgis.net/ne/Transylvania/printable.asp 1/21/2014

SEDIMENT REMOVAL _FINAL —REPORT
FOR GLEN CANNON PRIVATE ROADS
BY
RUSSELL CHAPPELL, CHAIR
PRIVATE ROADS COMMITTEE
�JUN-E-12, 2'009—
The private roads committee thanks Eric Caldwell ,
Transylvania County Extension Director, for his
good counsel and assistance throughout this
stressful process

I OVERVIEW OF RESTORATION WORK
A. Sedimentation Reduction
1. Ditches and Shoulders:
The Skye Drive ditch line and shoulders from the top of the steep grade opposite Glen
Spey- approximately 690 linear feet- were lined with a 12 oz. Synthetic Turf
Reinforcement Fabric. Existing rip rap, straw waddles, and check dams were removed and
the ditch and shoulders reshaped, where necessary, to assure a secure fabric contact. Rip
rap, straw waddles and check dams were replaced as needed. For the Skye Drive ditches
below Glen Spey running to a culvert 580 feet farther, and just above the emergency gate
on Sky Drive, treatment was as follows: Rip rap no longer needed in the upper ditches
was placed in these lower ditches to completely line that section in rip rap. All ditches
and shoulders described above were hydroseeded with a mix containing water, wood
mulch, seed, fertilizer, lime, and tackifier. (See photos Turf and Coir 1.0, 1.2 and 1.3) and
two of the Skye slope below Glen Spey (2.1 and 2.2)
2. Banks:
The hydroseed slurry described above was heavily applied to all bank areas down to Glen
Spey then covered with a 700_graim:_c_oir-_matting, placed vertically on the bank and staked
to specifications stated in the NC Division of Land resources; Erosion and Sedimentation
Control Planning and Design Manual. These banks were then again hydroseeded. The
banks on the lower portion of Skye down to the culvert were also hydroseeded and
covered in Excelsior coir matting in the same manner as the upper banks.
All work described above was done under the continuous supervision of Carl Travis, a
certificated owner of Carl's Grading and Landscaping, LLC.
B. Maintenance of Interim Sedimentation Controls
1. Interim in -stream sedimentation controls have been permitted to remain in place
through early July to enable yet more vigorous revegetation of shoulders, ditches and
slopes. They will be removed after July 8 1
2. Pending final stabilization, the contractor will perform continuous monitoring of check
dams, straw waddles and sedimentation fences, and as necessary, removal of sediment
deposits at these points. (Sedimentation collected is removed and deposited off site on
the contractor's commercial yard.)
3. The contractor will monitor and repair as required, erosion of shoulder material so
that shoulder integrity is maintained and cross road dispersal of rainwater is not
preventing revegetation of the shoulder.

C: Evaluation Criteria for Sedimentation Control
1. Ditches: Fabric effectively prevents erosion of underlying dirt, as evidenced in minimal
accumulation of silt in check dams and continued adhesion of fabric to ditch surface.
Material collected in check dams on Glen Spey slope below Skye consists primarily of
leaves, seeds and very small sticks; sediment is virtually non existent.
2. Banks and Shoulders: Fabric and hydroseeding of banks and shoulders produces
stabilizing vegetation to the degree that banks and shoulders remain intact despite
significant rain events.
3. The PRC and contractor conduct semi monthly sedimentation evaluations,
observing the amount and type of material collected and relating it to the amount,
frequency and severity of rain events, and jointly detennine the degree of progress toward
stabilization.
D: Final Removal of Sediment
1. Final removal was performed June 3 and 4. Michael Mildner, foreman, who has been
certified in the Basic Erosion and Sediment Control for Contractors Workshop, and
Russell Chappell, Chair of the Private Roads Committee, were present during the
removal.
2. The area impacted was the creek originating from a spring on the west side of
Lowder's (1021 Skye Drive) property, entering the culvert crossing Glen Spey and
resuming along the west lot line of Hining's (57 Glen Spey).
3. Technique: After placing straw wattles temporarily across the creek approximately
300 feet downstream from the culvert crossing Glen Spey, sediment was removed by
hand in 5 gallon buckets, hand carried to contractor's truck and disposed of off site by
the contractor. Approximately 100 partially full buckets were removed. A photograph
and description of the spoils area is included. The straw wattles were then removed.
4. Eric Caldwell was present for several hours during the removal and gave
supportive direction to balance the thoroughness of removal against the
possibility of harp to aquatic life obviously present in the creek.

II. PRE AND POST REMOVAL ASSESSMENT OBSERVATIONS
1. Eric has sent you photos of the impacted steep slope. Everything is greening up nicely!
Attached are three more photos of the steep slope on Skye (Turf and Coir 1.0, 1.2 and
1.3) and two of the Skye slope below Glen Spey (2.1 and 2.2)
2. On May 29 we had a severe storm. I went up during the downpour to see how the
creek was faring. The water coursing into the creek culvert on Glen spey was clear!
3. The check dams and straw wattles in the ditch on Skye are catching what we want to
see: sticks and leaves.
4. I took the post removal photos Friday the 12th. Flags were still in place. The creek
had next to no sediment visible. It is probably as clear as it is ever likely to be, given the
frequency and amount of rain we're getting lately.
III. POST REMOVAL PHOTOS (ALL TAKEN JUNE 12)
Site X: As close as I can match your 4-14 shot of all the mud in the creek above the
Glen Spey Culvert: It looks really different with the in -stream controls and the much
more dense vegetation. One shot (X. I) from just above where the spring enters and
another (X.2) closer to the Glen Spey culvert. A third (X.3) from the street to a pool just
above the ditch and culvert. No mud was visible.
Site A: The former big collection point (prior to early removal) about 40 feet below the
culvert outfall across Glen Spey
Site B: About 50 feet downstream from A
Site C: About 100 feet downstream from B (nearly 200 feet from the culvert)
Spoils Area: In Carl Travis' commercial yard.
Note: All photos on separate attachment.

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Site Q

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SEDIMENT REMOVAL PLAN
FOR GLEN CANNON PRIVATE ROADS
IN CONSULTATION WITH
ERIC CALDWELL, TRANSYLVANIA COUNTY EXTENSION DIRECTOR
BY
RUSSELL CHAPPELL, CHAIR
PRIVATE ROADS COMMITTEE
_APRI L Zg, zooq

TABLE OF CONTENTS:
I Introduction and Overview
II Stream Description/Impact Summary
III Sediment Removal Plan
a. Technique
b. Turbidity Reduction Technique
(Preventing Recurrence)
c. Sediment Spoils Disposition
d. Timeline for Removal
e. Supervision of laborers doing removal
IV Plan for Evaluation
V Silting Reduction Plan
Attachments:
Site Map Topo ( also see marked up pdf)
Photo Documentation of Sediment Impacts (e-mailed separately)

I Introduction and Overview
The Glen Cannon Private Roads Committee has just completed a project to clean, and
in some areas, restore, private roads drainage ditches in Glen Cannon. This was done in
preparation for resurfacing of upper Skye Drive as a part of ongoing maintenance for
all private roads. This effort follows a long pause in maintenance of ditching, while
seeking DOT takeover of Skye Drive and Aberdeen Lane. (We were conserving financial
resources while negotiating with DOT concerning their requirements for the roads as a
pre condition to State Takeover) When it became clear that the cost of bringing the
roads up to current specifications was prohibitive, we resumed plans for needed
resurfacing, ditch cleaning and restoration.
Upper Skye Drive is characterized by steep slopes and, in some places, high banks, some
of which had eroded so as to render the ditches non existent, causing some
deterioration of road .edges. In these areas, restoration of sound drainage required
substantial excavation of ditches and the sculpting of the banks with, unfortunately,
removal of vegetation on the banks above. Although check dams, rip rap, and
hydroseeding were used extensively, they could not prevent the rain -caused run off
from gathering enough sediment to cause sedimentation of a stream which is fed by
springs and by storm water run off. As a result, sediment has been deposited primarily
in a single large agrg:ain�helo�w�aoulvert which conveys the stream across Glen
Spey and into the continuation of the stream aboutc3,2afeet below a steep bank
bordering Glen Spey.
We have also noted a small degree of run off from a restored shoulder on Skye, well
down the road from the sedimentation described above. Sedimentation there appears
to be negligible. Two silt fences, straw matting and a mesh blanket have been applied
at this site
II Stream Description/Impact Summary
The impacted stream appears to originate from a spring in a bank above the
intersection of Skye and Glen Spey. It also receives storm runoff from Skye Drive from
two culverts. The deposit of sedimentation is visible for approximately z.�o feet prom
the culvert, most noticeably near the out fall from the culvert crossing Glen Spey.
Impact photos have been taken at four points, each of which is marked by a red flag,
for post remediation assessment:
With E- is Call o I' appreaval>y this area has been cleaned, under supervision of Michael
Milner, and removed and disposed of off site. A total of 2-t&QvgraILcnn&buckets were
removed from an area extend ingJrpoomstfaoa�f�et�romUle�cu�lre t. After

stabilization of sediment sources it will be cleaned again.
Site A. A site&eet from the culvert out fall, where an area approximately 3"M 6 feet
now shows sediment varying from z to 5 inches in depth. The concentration is
bounded by a large tail , n log which tends to hold it in this area.
Site B. A site 5o feet downstream from A where siltation of 1 to z inches in depth is
found.
Site C. A site loo feet down from B where an area 8x 4 feet has about an inch of silt.
I could not discern silt in the remaining 5o feet before the stream falls over a steep
drop into densely wooded territory where it is evidently fed by other springs.
III Sediment Removal Plan
a. Technique Present plan is to evacuate sediment by hand in 5 gal.
buckets. A sediment collection sock will be set up downstream of work
areas and material collected in sock carefully emptied into evacuation
containers.
b. Turbidity Reduction See Section V Silting Reduction Plan
c. Sediment Spoils Disposition Sediment removed will be disposed of off
site by the contractor
d. Timeline for Removal Onset at the point of successful reduction
of silting. Estimate a maximum of three suitable working days to
complete.
e. Supervision of laborers doing removal Workers will be under
continuous direct supervision of Carl Travis or Michael Milner, and a
member of the Roads committee. Both of the contractor reps
have been certificated in the Basic Erosion and Sediment Control
for Contractors Workshop.
IV Plan for Evaluation
To be submitted when silting reduction plan is finalized
V Silting Reduction Plan
Immediate actions completed:
',Continuous monitoring of and removal of sediment collected at check dams,
straw wattles and sediment fences
Reconstructed check dams according to specifications found in the
NC manual
Installed the;,straw wattles, properly staked

Additional measures for prevention are:
For ditches and shoulders :Reshape the road shoulder and ditch and
Line with a filter fabric and rip -rap (ditches will be over
excavated to accommodate the rip -rap). Shoulder re -seeded.
Additional check dams as specified by Eric Caldwell, in consultation with Linda
Wiggs of DENR.
For slopes:
Hydro seed and hydro mulch with a coir matting.
All materials and techniques will be applied in strict accordance with specifications
Attachments:
Site Map Topo ( From: arcims.webgis.net/nc/transylvania)
Skye/Glen Spey close -up
Photo Documentation of Site Impacts
Sites A through C: See accompanying e-mail
Transylvania County ,NC
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From: Russell Chappell <[e-mail]>
Subject: Sites A thru C: Glen Cannon Private Roads
Date: April 29, 2009 9:13:38 AM EDT
To: Wiggs Linda <[e-mail]>
Cc: Caldwell Eric <[e-mail]>
3 Attachments, 2.5 MB
Could not get good images pasted to Report.
Site A

Site C

'f
CD
Incident Report
Report Number: 200900890
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 03/31/2009
Company Name:
County: Transylvania
Phone:
City:
Pager/Mobile Phone: !
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name: Lu Hining
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone: [phone]
Address
Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident: Glen Cannon Development
Address:
City/State/Zip
Report Created 03/31/09 01:59 PM
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Page I

i
Cause/Observation:
sediment in;creek
pond may have top release structure and need bottom or mid
release
Action Taken:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Directions:
Ecusta Rd to Wilson Rd to Glen Canon Rd to Cambell Rd to Aberdeen on
Rt to Rt on Skye to to Left on Glen Spey, creek with sediment on right.
Stay on Cambell to see pond.
Comments:
Russ 8happell 877--4151 is head of private roads in development.
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Conveyance:
Event Type Event Date
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2009-03-31 02:58:35
Incident Start 2009-03-31 02:51:00
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
yit
a ),iY C,
Report Created 03/31/09 01:59 PM Page 2 Q,

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Copyright (C) 1998, Maptech, Inc.

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■ Complete items 1, 2, and 3. Also complete A. to
item 4 if Restricted Delivery is desired. X
■ Print your name and address on the reverse
so that we can return the card to you. B. Received by (P
Attach this card to_the back of the mailpiece,—_
North Carolina Department of
AMA• ; Environment and Natural Resources
Division of Water Resources
NCDEhlR Water Quality Regional Operations
2090 U.S. Highway 70, Swannanoa, NC 28778
Sapphire -Lakes Group, LLC
Kimberly R. Coward, Registered Agent
Post Dffice Box 1918
Cashiers, NC 28717
❑ Agent
❑ Addressee
C. Date of Deliver
different from item 1? ❑ Yes
ary arlrlracqAatnw_i—_.-❑ No
2871,�.
�IfA v j) 1
3. Service Type
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DocuSign Envelope ID: EB86B708-D97D-438B-A6B8-3CF2789721 E1
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Wector
CERTIFIED MAIL
NORTH CAROLINA
Environmental Quality
January 30, 2020
RETURN RECEIPT REQUESTED 7019 0700 0000 8867 7828
South Broad Street Investors
1731 E. Saluda Lake Road
Greenville, South Carolina 29601
Attn.: Norman Whisnant
Subject: NOTICE OF VIOLATION
NOV-2020-DV-0044 (Incident #20200145)
Discharge without a Permit
Location: Proximity of 30 S. Broad Street, Brevard, NC
Dear Mr. Whisnant,
On January 24, 2020, the Division of Water Resources (Division) responded to a complaint from
Transylvania County Emergency Services of discolored water originating from a roof in the proximity of
30 S. Broad Street, Brevard, North Carolina. Division staff determined that stormwater runoff was being
impacted by the discharge of a roof coating product emanating from a facility located at 30 S. Broad
Street, Brevard, North Carolina. The roof coating product was emanating from the roof of the facility,
flowing through downspouts and ultimately to the storm sewer. According to you and eyewitness
accounts at the facility, a contactor (ATD Restoration) employed by your company applied the product
on the week ending 24 January, 2020.
Violations
As a result of the above -referenced inspection of the site and associated locations occurring on January
24, 2020, the following violations are noted:
1) Illegal discharge
Violation I. Discharge Without Valid Permit
G.S. 143-215.1 (a) states that no person shall do any of the following things or carry out any of the
following activities unless that person has received a permit from the Commission and has complied
with all conditions set forth in the permit: G.S. 143-215.1(a)(1)- Make any outlets into the waters of the
State.
N
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North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 US Hwy 701 Swannanoa, NC, 28778
828-296-4500
DocuSign Envelope ID: EB86B708-D97D-438B-A6B8-3CF2789721 E1
3ouu1 nrUda 31.leelL Invexors
N OV-2020-DV-0044
January 30, 2020
Page 2
Required Response
This Office requests that you respond to this letter in writing within 15 days of receipt of this Notice.
Your response should be sent to this Office at the letterhead address. Your response (Which may be
combined with a response from ATD Restoration) should address the following items:
1. Please submit a plan listing all actions you will take to prevent future, similar releases;
2. Please provide MSDS sheets of all roof coating material applied to the subject roof on the
week ending 24 January, 2020 along with a schedule indicating the approximate times the
material was applied. You are also to include the approximate volume of material applied
and time in which the application was began and completed; and,
3. Any additional information you would like the Division to consider regarding our
recommendation for assessment of civil penalties.
These violations and any future violations are subject to civil penalty assessments. The violations of
the Oil Pollution and Hazardous Substances Control Act are subject to civil penalties of up to $5,000
per violation as per G.S. 143-215.88A. The violations are subject to civil penalties up to $25,000.00 per
day for each violation as per G.S. 143-215.6A.
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 Resources regarding these issues and any
future/continued violations that may be encountered related to this release. Your above -mentioned
response to this correspondence will be considered in this process.
Should you have any questions regarding these matters, please contact Tim Heim, P.E. at (828) 296-
4500.
Sincerely,
DocuSigned by:
r-
7E617A38285848C...
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Ec: Mike Shaw, ATD Restoration
WQS-ARO Server
LF
G:\WR\WQ\Transylvania\Complaints\30 South Broad (AKA Times Arcade Alley) Roof Material\South Broad Street_NOV 2020 DV 0044_20200130. Doc