Polk Co. - Complaints

PePmittee: l _ .•Pariroit R9arrriber:
Ib`
Facilitg� Rlarcie: ' 6 ► e � County:
Incident Started: Date: 2 2016 Time: M 1 t-Ended: Date: Z Time: �b M/ i�
eadmated Vol me: 250 C4 • -Leach Suaface Waters? Ye
No • Surface Water Name:
Volume Reaching Su ace dilaters: Fish Kill?: Yes � 0 4
ILocatloru N in Manhole #
Cause or Reason for the lloset/SciU/pass: SevePe Natural Condition; Ii % Vandalism; hoots;
Pipe Failure/Break; Crease; Pump Station Equipment Failure; Debris in. Llhe; Power Outage
Caller's Flarvie:TCkV'., 5 ®WQlAli®Staff Reported To: W ®ate: Z irne:�. PSI
( ull ma e)

oh
1�,!o

4a
<[e-mail]>; Zimmerman, Jay <[e-mail]>; Janovitz, Sara <[e-mail]>
Subject: FW: (CWA - FY16-144086-3709-CV) Regional Tip and/or Complaint - North Carolina
Landon, Von
How are you today? I believe that this complaint is from you area. This appears to be an former NPDES industrial facility
that is now being used for something else. I'm not sure what can be done about it now. Maybe soil remediation?
Thank you,
Humberto
Y�J
-----Original Message-----
6/13/2016 4:34 PM
HQ LEAD NUMBER: FY16-144086-3709-CV
SUBJECT: Regional Tip and/or Complaint- North Carolina
FROM
TO: ertep.serdar(aepa.gov
Alleged Violator's Name: Milliken & Co
Alleged Violator's Address: 960 Highway 108
Alleged Violator's City: Columbus
Alleged Violator's State: North Carolina
Alleged Violator's Zip: 28722
A-Q-�51*u5*4�
3,-� 2 \J
.001, �� �,
C - -; >, r F - , r b-
Tip or Complaint: Company releasing waste water into adjacent pond and leaching into nearby stream over last 20
years. Recently sold property to known buyer who is now harvesting all hardwood. Approximately 150 acres with large
population of wildlife and other species. Property transfer to related or known party provides arm's length transaction
for development without liability for contaminants.
Specific Directions: Local municipality has sewer right of way that crosses property from east to west. From this right of
way, travel east from Gibson Road in Columbus across from Gibson Park. Pond and old pumping stations visible after
100 meters.
Violation Still Occurring? Yes
State DEP/DEQ/DEM Notified? No
01

Wiggs, Linda
From: Davidson, Landon
Sent: Tuesday, June 14, 2016 10:02 AM
To: Wiggs, Linda
Subject: FW: (CWA - FY16-144086-3709-CV) Regional Tip and/or Complaint - North Carolina
Linda -
Let's discuss when you have a moment please. Thanks.
Landon
PS — I know this is NCG170069
G. Landon Davidson, P.G.
Regional Supervisor — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. Davidson()-ncdenr.aov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
-Y'" -^Nothing Compares--,_ -
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Guzman, Humberto [mailto:[e-mail]]
Sent: Tuesday, June 14, 2016 8:01 AM
To: Davidson, Landon <[e-mail]>
Cc: Barrino, Reginald <Barrino.Regina [e-mail]>; Cole, Brad <[e-mail]>; Hennessy, John
<[e-mail]>; Zimmerman, Jay <[e-mail]>; Janovitz, Sara <[e-mail]>
Subject: FW: (CWA - FY16-144086-3709-CV) Regional Tip and/or Complaint - North Carolina
Landon,
How are you today? I believe that this complaint is from you area. This appears to bean former NPDES
industrial facility that is now being used for something else. I'm not sure what can be done about it
now. Maybe soil remediation?
Thank you,
Humberto
-----Original Message-----

6/13/2016 4:34 PM
HQ LEAD NUMBER: FY16-144086-3709-CV
SUBJECT: Regional Tip and/or Complaint - North Carolina
FROM:
TO: ertep.serdarCa)-epa.gov
Alleged -Violator's Name: Milliken & Co
Alleged Violator's Address: 960 Highway 108
Alleged Violator's City: Columbus
Alleged Violator's State: North Carolina
Alleged Violator's Zip: 28722
Tip or Complaint: Company releasing waste water into adjacent pond and leaching into nearby stream over last 20
years. Recently sold property to known buyer who is now harvesting all hardwood. Approximately 150 acres with large
population of wildlife and other species. Property transfer to related or known party provides arm's length transaction
for development without liability for contaminants.
Specific Directions: Local municipality has sewer right of way that crosses property from east to west. From this right of
way, travel east from Gibson Road in Columbus across from Gibson Park. Pond and old pumping stations visible after
100 meters.
Violation Still Occurring? Yes
State DEP/DEQ/DEM Notified? No
2

Wiggs, Linda
From: Davidson, Landon
Sent: Tuesday, June 14, 2016 10:47 AM
To: Aaron, James; Barnett, Kevin; Campbell, Ted; Cantwell, Janet; Davidson, Landon; Fox,
Tim; Heim, Tim; Laverty, Brett; Willmer, Mikal; Mitchell, Robert K, Moore, Andrew W,
Parkin, Gwen; Price, Bev, Price, Zan (George); Wiggs, Linda
Subject: Polk Co. complaint investigation needed
Need: complaint investigation alleging discharge of industrial wastewater to a pond (not SW pond in front of facility but
pond in clearing as shown below). Facility referenced has SW permit only (NCG170068). Inactive permits include
NCO024546 and NCG500028.
Location: Columbus, NC, near 960 Hwy. 108, near Gibson Park off Park St.
Priority: medium
References: BIMS.SW permit inspections. Linda W. may also have additional information.
Complaint is an EPA referral (see email below). Please let me know if you are traveling to this area and can assist.
Timeframe: 1 week or will be assigned
Thanks.
1

G. Landon Davidson, P.G.
Regional Supervisor —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. Davidson (ED ncden r. gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
r � ci.
-::�'-^Atothing Compares....,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Guzman, Humberto [maiito:[e-mail]]
Sent: Tuesday, June 14, 2016 8:01 AM
To: Davidson, Landon <[e-mail]>
Cc: Barrino, Reginald <[e-mail]>; Cole, Brad <[e-mail]>; Hennessy, John

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TRYON GARDEN CLUB
PO BOX 245
TRYON,NC
. 28782
September 28, .2009
Mr. Justin Hembree
Interim Town Manager
415 N. Trade Street
Tryon, NC 28782
Re: Comments concerning work plan for the Rehabilitation of Tryon's Mountain Water Source
Work on Colt and Fork Creek's
Dear Mr: Hembree:
I am writing this letter to ensure that the Tryon -Garden Club and the Town of Tryon are on the
same page with regard to the pending rehabilitation of the Towns water intake on the Tryon
Gardens Club Property.
First, I would like to thank you once again for hosting the meeting that we had on July 29, 2009 at
Pearson's Falls Glen with the Corp of Engineers,. State of North Carolina Wildlife, Joel E. Wood
and Associates, yourself -and the Town of Tryon representatives: You will remember we agreed
that, in order for the Town of Tryon to avoid the need to obtain a Corp of Engineers Wetlands
Permit, Joel E. Wood and Associates would create a detailed work plan. The plan was to be
submitted to the Tryon Garden Club as well as the Federal and State representatives that were at
the meeting. Further.1 am sure that you remember,the conditions that were established by these
agencies that would be required in this plan to avoid a wetland permit. These conditions, as the
Tryon Garden Club understands them, were as follows:
1.. The plan -would detail the method as to how the -silt would be removed from both Colts
and Fork Creek. It was our understanding that all silt would be hand dug from behind
both dams, .hand carried from the digging sites, and disposed of at suitable locations off
site.
2. A turbidity sampling plan would-be created that'both established a background turbidity
level prior to any work being performed, and set a sampling plan effective once work had
begun. Please note that the Tryon Garden Club understood that daily turbidity readings
would be taken once excavation had begun.
3. The plan would include a start date for the project and an estimated timeline to
completion..
4. The plan would detail how Joel-E. Wood and Associates would control release of silt
through the bypass valve both prior to and during excavation work.
5. The plan would specifically state that the existing valves would be sealed so that there
was no discharge through them on the down stream side of the dam until all work was
completed and the means of prevention removed.
6. The plan would be sent by the end of August to all parties at the meeting for their
approval prior to the start of any work.,

-2-
After reviewing the draft plan with our consultant we have the following concerns based on our
understanding from the meeting in July.
1. The plan was originally to be submitted to the all parties by the end of August for review
and approval to ensure that all work with in the Creeks could be completed before the
beginning of Trout season. This was not only to protect the Trout runs but also to enable
the work to be completed prior to stricter turbidity limits being placed on the stream by the
State of North Carolina. Due to the delay in the plans submittal and the time we believe
will be needed to address our other concerns, we request a detailed timeline be
submitted showing that all work will be completed prior to the beginning of trout season.
2. There is no plan for establishing baseline turbidity at the streams or for monitoring
turbidity during the project. Possibly we did not receive the entire document as it -was an
e-mailed PDF. If you would please forward these plans to us as soon as possible we
would greatly appreciate it. If turbidity sampling plans have yet to be developed by Joel
E. Wood and Assoc., we ask that be done and* submitted to us as per our agreement in
July.
3. There is no timeline for the project, including start and end dates, in the submitted Draft
work plan. Please send us a detailed timeline.
4. There is no detailed plan for control of the release of silt through the bypass valve in the
Draft work plan submitted by Joel E. Wood and Assoc. If a plan to control the release of
silt through the bypass has yet to be established, we ask that they be developed and
submitted to us as per our agreement in July.
5. There is no detailed plan for how the current valves will be sealed so as to prevent the
release of silt during excavation work. We ask that Joel E. Wood and Assoc develop and
submit them as per our agreement in July.
6. We cannot tell if the plans have been submitted to the Federal and State agencies that
were present at the meeting. Please confirm that your draft plan has indeed been
submitted and copy us on any response from those agencies.
7. Finally, it has occurred .to the Tryon Garden Club that since all of the material will be hand
dug and carried from the dam sites and out of the area that some details concerning this
should be established, particularly with in the Pearson's Falls Glen. As you know the
Glen is a working nature preserve with an average of over 1,400 visitors per month.
Since the trail leading to the falls will be used by the workers removing the silt, we would
like to establish how they plan to not hinder our visitors. In addition, we would like to
review your safety plans for your workers and our visitors that will be crossing through
your work site. This should include details about signage, flag persons, training for
workers, etc.
Once again, thank you for your attendance at our meeting on July 29, 2009. We also appreciate
your efforts to facilitate the delivery of the work plan from Joel Wood. We look forward to seeing
his answers to our concerns, as well as the additional detail we have requested.
Sincerely,
Carol Meeske, President
Tryon Garden Club
cc: Joel Burrell, Director of Public Works, Town of Tryon

RAW WATER INTAKE WORK PLAN
Submitted by: JOEL E. WOOD & ASSOC
Kings Mountain, NC
104 N. Dilling St.
Kings Mountain, NC 28086
P.O. Box 296
Clover, SC 29710
Tel.: [phone]
Fax.: [phone]
1. All materials and equipment will be carried or packed to the site.
2. Install the valves on the outlet sides of the drain pipes.
3. Replace the lid and filters in the intake structure.
4. Open the by-pass valve on the intake structure to lower the pool and divert
the flow downstream.
5. Hand excavate in front of the dam to expose the valves that will be
removed and abandoned. Spoils shall be placed in buckets and carried
and/or packed to a vehicle in the parking area. The spoils shall be
transported to a permitted off -site area provided by the Town.
6. Remove the valves that have failed.
7. Once work activities are completed, close the by-pass in the intake structure
and return flow over the dam.
Kings Mountain, NC
104 N. Dilling St.
Kings Mountain, NC 28086
P.O. Box 296
Clover, SC 29710
Tel.: [phone]
Fax.: [phone]

I. .
hI
r
L7
MAR 24 2011
WATER QUALITY SECTION
'HEVILLE REGIONAL OFFICE
GARY A. DAVIS KINGSTON, TENNESSEE OFFICE
LICENSED IN NC, TN, CA March 23, 2011 100 E. RACE STREET
[e-mail] KINGSTON, TN 37763
JAMEs S. WHrmcICK TELEPHONE: [phone]
LICENSED IN NC FACSIMILE: 865-776-6580
[e-mail]
GARY DAVIS & ASSOCIATES
ATTORNEYS AT LAW
61 NORTH ANDREWs AVENUE
P.O. Box 649
HOT SPRINGS, NORTH CARouNA 28743
TELEPHONE: [phone] FACSIMILE: 828-622-7610
VIA EMAIL AND US MAIL
Ms. Liz Hair
Project Manager
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, N.C. 28805
Re: Town of Tryon Water System Intake Project
Colt Creek/Fork Creek Dam Sites -
Dear Liz:
As you are aware, I represent the Tryon Garden Club in regards to the above -referenced
matter. I appreciate you taking the time to discuss this matter with me on the telephone earlier
this week; however, I did want to follow-up that call with a letter further clarifying my client's
views on this matter. In particular, I wanted to address the specifics of the Nationwide Permit
("Permit") that the Corps ("ALOE") intends to issue to the Town of Tryon to complete its work
at the Colt Creek and Fork Creek dam sites and to maintain these sites in the future.
- At the outset, my client is disappointed that the Corps -apparently intends to allow a one-
time release of the sediment located behind the Colt Creek dam site during a "high -flow" event,
as opposed to a phased release of the sediment. While I understand that you have consulted with
both NC DENR — DWQ and the North Carolina Wildlife Resources Commission in regards to
water quality issues relating to this release, my client has very real concerns about potential
adverse effects on Colt Creek arising out of a one-time release of the substantial amount of
sediment' located behind the Colt Creek dam site. Thus, as the ACOE remains the permitting
authority with ultimate control over the manner in which this work will be performed, my client
would respectfully request the ACOE reconsider its intent to issue a Permit allowing for a one-
time release of the sediment located behind the Colt Creek dam site, and instead require the
I The Town's consultant has estimated that there is approximately 6 cubic yards of sediment remaining behind the -
Colt, Creek dam site. However, based on visual inspection during a December site visit, my client's engineer
believes that the amount is closer to 9-10 cubic yards.
PRINTED ON RECYCLED PAPER

Ms. Liz Hair
March 23, 2011
Page 2,
Town of Tryon to conduct a phased release of this sediment, which has been accumulating
behind the dam site for over 20 years.
As we have discussed on several occasions over the past few months, Regulatory
Guidance Letter 05-04 (August 19, 2005) ("RGL") is applicable to the discharge of sediments
from or through a dam, and thus is applicable to the issue at hand. The RGL provides, in
pertinent part:
When. discharging sediment from or through a dam or breaching a dam,
reasonable measures should be implemented to reduce potential harm to
downstream waters. Reasonable measures include, but are not limited to .... more
frequentflushing to keep the discharges small..... . -
RGL, at ¶ 4d. Thus, the RGL requires that reasonable measures be implemented to
reduce potential harm to downstream waters, and specifically lists more frequent flushing to keep
discharges small (i.e., phased'release(s)) as one such reasonable measure which can be utilized.
For this reason, the ACOE clearly has the authority to require a phased release, and should utilize
that authority in regards to the release of the sediment behind the Colt Creek dam site. As stated
in the Regulatory Guidance Letter 05-04 (August 19, 2005) ("RGL"), "[T]he uncontrolled
discharge of sediments may -kill ... fish due to the impairment of their ability to process oxygen."
RGL, at ¶ 2c. Moreover, this sediment has been accumulating behind the Colt Creek dam for
over 20 years, and "[S]uch fine sediments can seriously degrade important aquatic habitat."
RGL, at ¶ 2c. Therefore, I would, on behalf of my client, respectfully request that the ACOE
exercise its regulatory authority and require a phased release in order to minimize any potential
adverse impacts to Colt Creek, the aquatic organisms residing therein, and downstream waters.
My client is willing to accept a phased release over the course of just a few days, which would
result in little to no burden on the Town.
Moreover, it is not clear to me as to what constitutes a "high -flow" event." As we
discussed, this would certainly occur following a rainfall event, but an event of what size?
Moreover, who makes the determination of what constitutes a "high -flow" event? Has the
Town performed some type of stream modeling to make this determination? Assuming the
ACOE is going to issue the Permit to the Town allowing a one-time release following such a rain
event, I would be most appreciative if you could provide me with the answers to these questions
prior to permit issuance so that I can advise my client accordingly.
In regards to future maintenance at the Colt and Fork Creek dam sites, I have attached
hereto a redlined version of the "Addendum to the Town of Tryon Operations Manual" which I
understand the Town submitted to the ACOE as its "scheduled maintenance release plan"
pertaining to future maintenance. I would appreciate your consideration of my comments, and
the opportunity to discuss the same with you prior to permit issuance.
In conclusion, as you know, my clients are extremely conscientious environmental
stewards of the Pearson's Falls' property, and, as a result, are very concerned about the potential

Ms. Liz Hair
March 23, 2011
Page 3
environmental impacts of a one-time sediment release in Colt Creek. Moreover, because the
ACOE clearly has the authority to require a phased release pursuant to the RGL, I simply cannot
understand why the ACOE will not exercise that authority. As noted above, ,the burden on the
Town would be minimal, and the potential for adverse environmental consequences associated
with a one-time release will be eliminated. Put simply, I believe that this is the reasonable
approach to take given the history of this matter.
.Thank you in advance for your attention to this matter, and I will look forward to
discussing this in more detail with you prior to Permit issuance.
Sinc rely, _
J S. Whitlock
r
cc: Ms. Linda Wiggs, DWQ
Client

ADDENDUM TO THE TOWN OF TRYON OPERATIONS MAN#UAL
For Colt & Fork Creek Intakes
• The Town Utilities Department is to flush the Colt Creek and Fork Creek �iitakes 1a
Ct7mment [75W1] Intakbs or relief valvesT
++
minimum of once a week ("maintenance events").
Bdli- terminologytainccatecUmconsistent.
• During each maintenance event. tThe •nfak _ should be flushed for a minimum of 30
GtiininenE [SW2]: see Commgnt 1.,; ',
minutes, to maintain natural sediment flow in Colt and Fork Creeks. The Town Utilities
Department will take all reasonable measures to ensure that that the turbidity of the
receiving stream does not exceed 50 Nevhelometric Turbidity Units ("NTUs") during
each maintenance event.
• All valves and gates should be exercised during this period to maintain valves in proper
operating conditions.
• Any and all debris from the intakes and intake filters shall be removed by hand and
carried off of the Pearsons Falls' property for offsite disposal.
�------ Formatted: List Paragraph, No bullets or
• P� e�; . d a• r all debris a t t r. a intake fill
i C�'lJGR � IG]IIO�PlT61I 4Ij�jG�T61T4GUIi.TLIp[iT-CISOZIILT!][OT¢lip-RRiIItG-,1iCGT,.
numbering
• Maintain a log of weekly flushing dates and times, and provide the Tryon Garden Club
with copies of the same upon request.
• No materials or equipment (temporary or permanent) shall be placed in the stream
channels.
• Contact appropriate �envtronmen al wnsaltant regulatory agencies and the T on
Comment []*3] Need speci& name `
Garden Club, prior to performing any �riatntetlance activities [wtt-- m the stream beds._____-
"-
Gommgnt jj*41. List agencies, ue., ACOE a .'
NC.DENRDW.Q and`NCWLtA. ` • .
•Coeiinepr[]SINS]: Is'this`refeiringtoofher'"�•
-maintenance a`ctivities;,i.e:;,iiesidesth'eweekly ,
maintenance'events?, Needs'to be cleabwhat, .. • '•
rbferring to:

Action ID: SAW 2009-01216
U.S. ARMY CORPS OF ENGINEERS
WII.MINGTON DISTRICT
Notification of Unauthorized
Responsible Party: Mr. Don E Taylor
Wateree Plaza Limited Partnership
5 Calendar Court
C�E VE
nrE
JU L _ 9 2009
P.O Box 6788 LAfS
TER QUALITY SECTIONIColumbia, South Carolina 29260 VILLE REGIONAL OFFICE
Size and Location of Property (water body, Highway name/number, town, etc.): The l.2-acr"r-operty is. -located—' "
at 949 Skyuka Road, adjacent to an unnamed tributary to Horse Creek, near the town of Columbus, Polk County,
North Carolina. Site coordinates 35.259097 N and-82.218593 W.
Description of Unauthorized Activity/Permit Noncompliance: Placement of unauthorized fill material within an
unnamed tributary to Horse Creek, a jurisdictional water of the US, and failure to comply with the notification
requirements of the Nationwide/General permits. There are two unauthorized structures within the tributary. The
first is located just below the footbridge -and above a waterfall. The second is located upstream of the foot bridge
and adjacent to an offline pond, downstream of where the creek flows below Skyuka Road. The unauthorized
construction of two dams is disruptive to aquatic life movement and restricts the passage of normal flow.
Indicate which of the following apply:
X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)
X Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 131 1)
The above -described activity was conducted without a permit from the U.S. Army Corps of Engineers and is a violation
of federal law. Any further unauthorized work in waters or wetlands will be considered an intentional violation of
federal law.
If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of
Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the
required authorization, and/or fail to perform the requested remedial action, the Corps will,take further administrative
action, and may request U.S. Attorney to file suit against you. If you need further information about the Corps of
Engineers regulatory program, please contact Liz Hair at (828) 27.1-7980, ext. 232.
Remedial Action Requested: Within 30 days of the date of this notice, you will (1) Remove any accumulated
sediment and/or fill material immediately upstream of the unauthorized structures prior to removing the
structures, in order to reduce the potential for downstream sedimentation ; (2) Remove all fill material (rocks, fill
dirt and concrete) from the stream channel on the above described property and restore stream channel to pre -
construction conditions ; (3) Permanently stabilize all disturbed areas. All material removed from the tributary
shall be placed on high ground and permanently stabilized to prevent potential runoff.
Your signature acknowledges receipt of this notification.
Property Owner/Responsible
Project Manager Signature
Date: July 7, 2009
Signature
N t A

Copy famished:
N, h_Carolina Department of Environment:adNaturcl-Resources, Asheville Regional Office, Divtsron of Water Quality
- Water ual Section, Attn:_Linda Wi s -2090 U.S."70�Hi fiwa Swannanoa _N. 6-
Q n gg g Y ,
Wateree Plaza Limited Partnership, 445 Crockett Cove Road, Columbia, South Carolina, 29212

0
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: Aja, Deborah
Sent: Wednesday, March 16, 2011 4:11>PM
To: Edwards, Roger"
Subject: Complaint - Polk County
Roger,
I will follow this up with a call to you in a few minutes...
i
Betsy Burdette [749-2161] purchased property & wants to correct violations on site that involve a pond dug in a
perennial unnamed stream. The neighbor, Grady Garren dug a pond. Pond is on parcel #S14-A8 and S14A9 (his
property is a.mobile home park).
Betsy will provide directions.
Deb
'14
4-3
C
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to4hird parties.
Deborah Aja - [e-mail]
North'Carolina Dept. of Environment and Natural Resources,
Asheville Regional Office
Division of Waste Management - Solid Waste Section.
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
http://Portal.ncdenr.org/web/wm/sw
z

Wiggs, Linda
From: Aja, Deborah
Sent: Wednesday, March 16, 2011 4:37 PM
To: Wiggs, Linda
Subject: FW: Complaint - Polk County
Linda,
I have additional information when you are ready to discuss.
Thanks, Deb
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.
Deborah Aja - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Waste Management - Solid Waste Section
2090 U.S. 70 Highway
Swannanoa,.NC 28778
Tel: [phone]
Fax: [phone]
http://Portal.ncdenr.org/web/wm/sw
From: Edwards, Roger
Sent: Wednesday, March 16, 2011 4:26 PM
To: Aja, Deborah
Subject: RE: Complaint - Polk County
Deb,
Please follow up with. Linda Wiggs, she handles Polk County for issues like this. She is in the field today but will return in
the morning.
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]
1

Wiggs, Linda
From: Menzel, Jeff
Sent: Monday, September 17, 2012 4:26 PM
To: Wiggs, Linda
Subject: FW: water and soil erosion at 857 Red Fos Rd. in Columbus, N.C.
Charlotte Odom 828-894-6378
Polk Co. soil and water said they have no jurisdiction.
John and Mary Bell are the alpaca neighbors who live on Henderson Road. Charlotte does not know what number house.
Apparently there is soil getting into the creek.
Jeff Menzel - [e-mail]
North Carolina Dept. of Environment and Natural Resources','.:
Asheville Regional Office
Division of Water Quality - Surface Water Protection 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 disclose.d.to:third parties.
From: Charlotte Odom [mailto:[e-mail]]
Sent: Friday, September 14, 2012 5:28 PM
To: Menzel, Jeff
Subject: water and soil erosion at 857 Red Fos Rd. in Columbus, N.C.
Jeff, I was unable to send you al I10 of the videos on the flashdrive. The attachments would not take it all. Most were
even to big to be sent alone. So I plan to drive up to your office next week as soon as you can see me and bring it too
you. That would be alot faster than trying to mail it. I will speak with you on Monday morning.
Thank you,
Charlotte Odom

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Incident Report
Report Number: 201102036
Incident Type: Complaint.
Category: Surface Water
Incident Started: 09/16/2011
County: Polk
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: Betsy Burdette
Company Name:
Address:
City/State/Zip:
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: tryon pacolet river
Address:
City/State/Zip
Report Created 09/27/11 03:03 PM Page 1

Cause/Observation: Direct' s:
D35352
someone is moving rocks around in river, to shore up a parcor maybe 35340 she is not sure.
streambank. she gave me a parcel number.
Z-
a��� 1 UV1
ActionTaken: � � � � Comments:
f--
vj
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?
ix, fZ� �11�4
dz' U
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted: Unknown
Event Type
Report Received
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Event Date Due Date Comment
2011-09-27 03:02:29
2011-09-16 02:00:00
Report Created 09/27/11 03:03 PM Page 2

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From:
Hicklin, Kristin
Sent:
Friday, October 14, 2011 3:11 PM
To:
Riddle, Shawna; Wiggs, Linda
Cc:
Davis, Tracy; McEvoy, Steve; Nevils, Mell; Koontz, Charles
Subject:
RE: Water control
Shawna:
Please investigate and take some photos. Let me know what you find.
Thanks, Kristin
Kristin Hicklin - [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]
Notice: E-mail correspondence to and from this address ma'y':be 'subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Nevils, Mell
Sent: Friday, October 14, 2011 2:17 PM
To: Hicklin, Kristin; Koontz, Charles
Cc: Davis, Tracy; McEvoy, Steve
Subject: RE: Water control
Please have someone look in to thias and report back to Steve McEvoy.
Thanks
Mell
From: Simons, Jim
Sent: Friday, October 14, 2011 2:02 PM
To: Barsness, Karl K
Cc: Davis, Tracy; Nevils, Mell; McEvoy, Steve
Subject: RE: Water control
Karl,
We will look this. As you recall, most small dams are now exempt. lif the dam is under the Dam Safety Law and has a
certain minimum watershed, then the dam owner is required to maintain a minimum low flow. Determination of If and
how much minimum low flow is required can be a complicated process that we usually rely on the DWR. First step is to
determine is the dam is jurisdictional.
By copy of this email, I am requesting someone from LQS to make the jurisdictional determination.
Jim

James Q. Simons
°! Director Fi State Geologist
(919) 715-88101FAX
(919)- 33-3833Work
j m.simons aa0tde' nr, gov.
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: Barsness, Karl K
Sent: Thursday, October 13, 2011 3:07 PM
To: Simons, Jim
Subject: FW: Water control
Jim,
Can you look into this? Thanks, Kari
Kari Barsness
Director, Legislative and Intergovernmental Affairs
NC Department of Environment and Natural Resources
Phone: [phone]
Fax: [phone]
[e-mail]
From: Nicole McGuinness (Sen. Apodaca) jmailto:[e-mail]
Sent: Thursday, October 13, 2011 3:06 PM
To: Barsness, Karl K
Subject: FW: Water control
Kari,
Is this something else you can help me with?
Thank you!
Nicole
Fro;al.,[e-mail] [mailto:[e-mail]
Sent:Thursday;,October 13, 2011 2:58 PM
To: Sen. Tom Apodaca
Subject: Water control
2

..we a neighbor who has dammed up the creek that runs through my property. He does not have an erosion
problem and has completely severed my water resource. I have tried to call many people and someone is to get
call me tomorrow regarding this but up til now it has been useless. It looks like he is putting in a whole lake
with ponds and I have nothing. This completely destroys my property value. Thanks for your assistance
regarding this matter.
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Incident Report
Report Number: 201102032
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 09/26/2011
Company Name:
County: Polk
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name: Cliff Eubanks
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: womack rd
Address:
City/State/Zip I G% r4 f/] 5/ ft V1514 w b ,,W2
j .Z gal, d rr/S
� �✓ iS51� �' � cl � ��rt�ti� w f a IGG� r,,��l� n u T
Report Created 09/27/11 09:21 AM Page 1

Cause/Observation:
land disturbing site discharging to stream
Action Taken:
Incident Questions:
Directions:
108 toward rutherforton, go left on Big Level rd, then go right on Womack'
rd. land disturbing site just before #1027
Comments:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown
Event Type
Report Received
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Groundwater Impacted : Unknown
Event Date Due Date Comment
2011-09-27 09:20:31
2011-09-26 03:00:00
Report Created 09/27/11 09:21 AM Page 2

�o�©F `'NArFgaG Incident Report
a -c
Report Number: 201101506
Incident Type: Complaint On -Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Startedr07/29/2011 Company Name:
County: Polk Phone:
City: Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner: First/Mid/Last Name: Hyatt Whetsell
Permit: Company Name:
Facility: Address:
First Name:
Middle Name: City/State/Zip:
Last Name: Phon [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: 813 Old Hwy 19 /.
Address: 813 Old Hwy 19 f J
City/State/Zip Columbus NC 28722 J de.A4
/-U"
Report Created
r I/✓��'""
07/29/11 10:20 AM
Page • 1
W d

Cause/Observation:
Milky and trashed up water
0 avA-la
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:
Call and he will meet inspector. 26E to Tryon Columbus exit to Tryon.
LEFT at KFC (Shuford Road - Old Hwy 19) LEFT at green mailboxes and
straight in parallel creek to house.
Comments:
Event Type
Event Date
Referred to Regional Office - Primary Contact
Report Entered
2011-07-29 10:14:02
Incident Start
2011-07-29 10:00:00
Report Received
2011-07-29 10:00:00
Report Created 07/29/11 10:20 AM
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date Comment
Page 2

_©�fa
? =�
Incident Report
Report Number: 201101020
Incident Type: Complaint
On -Site Contact:
Category:. Surface Water
First/Mid/Last Name:
Incident Started: 04/06/2011
Company Name:
County: Polk
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By: .
Owner:
First/Mid/Last Name: Amanda
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: UT Cove Crk-possible fuel leak from Truck Stop or Triangle Gas
Address:
City/State/Zip
Report Created 05/10/11 05:51 PM. Page 1

Cause/Observation: Directions:
Amanda lives next to crk just downstream of Gas Stations at Exit HWY 26 to Exit 59 Saluda, gas stations are at this exit on the right. To get'
59. She says the creek always smells of gasoline. _ to Amanda property where odor is reported: Turn Right at end of exit
ramp. Take 1st Left after Triangle Gas (Howard Gap Rd). Stay Left on
Rd to 1st driveway. Map indicates there is a culvert here where crk is
located downstream of stations.
Action Taken: Comments: ;
Requested UST section investigate.
i
Incident Questions:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was, from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Event Type Event Date Due Date Comment
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2011-05-10 05:51:07
Incident Start 2011-04-06 11:00:00
Report Created 05/10/11 05:51 PM Page 2

Standard Agencies Notified:
Agency Name Phone
Other Agencies Notified:
Agency Name Phone
DWQ Information:
First Name M.I. Last Name Contact Date
First Name M.I. Last Name Contact Date
Report Taken By: Report Entered By: Regional Contact:
Linda S Wiggs Linda S Wiggs Linda S Wiggs
Phone:
Date/Time: 2011-05-10 05:51:07 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 05/10/11 05:51 PM Page 3

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40�0� N1AT�R�G Incident Report
Cs -c
Report Number: 200902568
Incident Type: Complaint On -Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 10/30/2009 Company Name:
County: Polk - Phone:
City: Pager/Mobile Phone: /
Farm #:
Responsible Party: Reported By: tiu
Owner: First/Mid/Last Name:
Michael Crater
Permit: Company Name: L
Facility: Address:
First Name: v
Middle Name: City/State/Zip:
Last Name: Phone: [phone]
Address Pager/Mobile Phone: / [phone]
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable City. kgs.
DD:MM:SS Decimal Position Method:
Latitude:
Longitude:
Location of Incident: behind Stott's Ford dealership
Address:
City/State/Zip
Position Accuracy:
Position Datum:
Tryon NC 28782
Stott's Ford
i / 6 Lam%, ,' � R �,y �sra�L.,�•
Report Created 10/30/09 02:58 PM Page 1

Cause/Observation:
Michael thinks there could be soaps/some incidental fuel from
car wash down behind dealership. He's not positivie - but thinks
it's from them.
Action Taken:
This is likely the second incident. Tryon also washed streets -
and that could be it, but he didnt' think so (still thought it might be
from dealership). This is what they found in response to citizen
complaint (that we got called on apparently).
Incident Questions:
Directions:
Stotts Ford, Tryon - look it up. Creek is behind dealership (thereabouts).
Comments:
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
(Above Ground or Under Ground)
Groundwater Impacted
Event Type
Event Date Due Date
Report Received
2009-10-30 03:49:00
Referred to Regional Office - Primary Contact
2009-10-30 03:49:00
Report Entered
2009-10-30 03:46:28
Incident Start
2009-10-30 08:00:00
Unknown
Comment
Report Created 10/30/09 02:58 PM Page 2

Standard Agencies Notified:
Agency Name Phone
Other Agencies Notified:
Agency Name Phone
DWQ Information:
First Name M.I. Last Name Contact Date
First Name M.I. Last Name . Contact Date
Report Taken By: Report Entered By: Regional Contact:
Susan A Wilson Susan A Wilson Linda S Wiggs
Phone:
Date/Time: 2009-10-30 03:49:00 PM 2009-10-30 03:46:28 PM 2009-10-30 03:49:00 PM
Referred Via: Phone - Mail
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 10/30/09 02:58 PM Page 3

OF W ATFR Michael F. Easley, Governor
LE C G William G. Ross Jr., Secretary
GO r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 6, 2009
Mr. Robbie Stott
222 North Trade Street
Tryon, North Carolina 28782
SUBJECT: Reported Storm Drain Discharge
DWQ Tracking #200900021
Polk County
Dear Mr.Stott:
The North Carolina Department of Environment and Natural Resources, Division of Water Quality
has received information regarding water.pollution that may have occurred at Stott Ford business
located in Polk County, Tryon North Carolina. This letter is to inform you that the discharge of
motor vehicle waste fluids to.a storm drain, -which could impact surface waters, may be considered.
a violation of North Carolina water quality regulations and must cease.
Violation of any water quality regulation is subject to the assessment of civil penalties per North
Carolina General Statute 143-215.114A. Any violations may subject the responsible party to a civil
penalty assessment of up to $25,000.00 per day for each violation. Further action will be taken by
the DWQ, if information is received that violations have continued.
Thank you for your attention to this matter. Please note that information about surface water quality
can be obtained from the Division of Water Quality website at the address given below or if I can
provide additional information concerning this issue, please call me at [phone]. .
Sincerely,
Linda Wiggs
Environmental, Specialist
North Carolina
,Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterqualiV.org - FAX [phone] I-877-623-6748
G:\WPDATA\DEMWQ\POLK\Co:mplaints\StottsFord-Tyron.doc

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Incident Report
Report Number: 200902568
Incident Type: Complaint On -Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 10/30/2009 C N
County: Polk
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: behind Stotfs Ford dealership
ompany ame.
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: Michael Crater
Company Name:
Address:
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: / [phone]
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Address: Stott's Ford.
City/State/Zip Tryon NC 28782
Report Created- 01/04/10 04:18 PM Page 1

Cause/Observation:
Michael thinks there could be soaps/some incidental fuel from
car wash down behind dealership. He's not positivie - but thinks
it's from them.
Action Taken:
This is likely the second incident. Tryon also washed streets -
and that could be it, but he didnr think so (still thought it might be
from dealership). This is what they found in response to citizen
complaint (that we got called on apparently).
Incident Questions:
Directions:
Stott's Ford, Tryon - look it up. Creek is behind dealership (thereabouts).
Comments:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown Groundwater Impacted
Event Type
Event Date Due Date
Report Received
2009-10-30 03:49:00
Referred to Regional Office - Primary Contact
2009-10-30 03:49:00
Report Entered
2009-10-30 03:46:28
Incident Start
•2009-10-30 08:00:00
Unknown
Comment
Report Created 01/04/10 04:18 PM Page 2

Fw: (CWA - FY09-59387-3709-CV) Referred to Region - Nor...
O
FWD: (CWA - FY09-59387-3709-CV) YJ�
Referred to Region - North b
Carolina XL
12/29/2008
SUBJECT: FWD: (CWA - FY09-59387-3709-CV) Referred to Region - North
Carolina
FROM: ertep.serdarQepa'.gov
TO: bonilla.aracelieepa.gov
CC:
Hi Araceli, Please use your discretion regarding the appropriate follow
up and send me an email within 30 days of the complaint date
(12/22/2008) stating the action taken. Note: Forwarding the complaint
to the most appropriate federal, state, or local agency (environmental,
health, etc.) is an acceptable action. **Acceptable Actions: (1)
Inquiry resolved within EPA Region 4 (2) Inquiry no longer valid (3)
Inquiry routed within EPA and outside of Region 4 (4) No Action
Necessary or Recommended (5) Inquiry referred to State Environmental
Agency (For Investigation or FYI Only) (6) Inquiry referred to other
State Agency (7) Inquiry referred to other Federal Agency (8) Inquiry v
referred to Local Agency (9) Inquiry referred to Tribe (10) Phone
Response to Complainant (11), Written Response to Complainant (12)
On -Site Visit - Not an Inspection (13) Compliance Inspection/Evaluation )
(14) Unspecified Government Action (15) Compliance Assistance 'V
Opportunity (16) Other (Provide Detail). Thanks, Serdar rna
� VI
-----Original Message----- /
12/22/2008 8:02 AM
HQ LEAD NUMBER: FY09-59387-3709-CV
SUBJECT: Referred to Region - North Carolina
FROM:
TO:
Alleged Violator's Name: Stott's Ford
Alleged Violator's Address: 222 North Trade Street
Alleged Violator's City: Tryon
Alleged Violator's State: North Carolina
Alleged Violator's Zip: 28782
Tip or Complaint: On more than one occassion while having a car worked
on at Stott's Ford, I witnessed antifreeze running through the parking
lot down a storm drain. Following the trail back to its source, I found
2 of 3 1/5/2009 3:16 PM

[Fwd: Fw: (CWA - FY09-59387-3709-CV) Referred to Region - Nor...
Subject: [Fwd: Fw: (CWA - FY09-59387-3709-CV) Referred to Region - North Carolina]
From: Roger Edwards <[e-mail]>
Date: Mon, 05 Jan 2009 '10:59:36 -0500
To: [e-mail]
Litida,
Please check out this complaint. Let me know what your discover. FYI we have d 10 Wa Windgw 98
these from EPA.
Thanks,
R.' Edwards
Roger Edwards - [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]
Subject: Fw: (CWA - FY09-59387-3709-CV) Referred to Region - North Carolina
From: [e-mail]
Date: Mon, 5 Jan 2009 07:09:35 -0500
To: [e-mail]
CC: [e-mail]
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'
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 01/05/2009 07:08 AM
Serdar
Ertep/R4/USEPA/U
S@EPA To
Araceli Bonilla/R4/USEPA/US@EPA
12/29/2008 04:53 cc
PM
Subject
1 of 3 1/5/2009 3:16 PM

v: (CWA - FY09-59387-3709-CV) Referred to Region - Nor...
j a garden hose down the neck of a radiator with the engine running and
antifreeze pouring out on the ground. Everyone knows there is creek on
the lower side of Tryon that all the storm drains dump into.
Specific Directions: The dealership is located on the main street
through down town Tryon, NC
Violation Still Occuring? Yes.
State DEP/DEQ/DEM Notified? No
Roger Edwards <Roger.EdwardsPncmail.net>
NC DENR - Asheville Regional Office.
Division of Water Quality - Water Quality Section
Content -Type: message/rfc822
Fw: (CWA - FY09-59387-3709-CV) Referred to Region - North Carolina.eml
Content -Encoding: 7bit
6
3 of 3 1/5/2009 3:16 PM

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
January 6, 2009
Mr. Robbie Stott
222.North Trade Street
Tryon, North Carolina 28782
SUBJECT: Reported Storm Drain Discharge
DWQ Tracking #200900021
Polk County
Dear Mr. Stott:
The North Carolina Department of Environment*and Natural Resources, Division of Water Quality
has received information regarding water pollution that may have occurred at Stott Ford business
located in Polk County, Tryon North Carolina. This letter is to inform you that the discharge of
motor vehicle waste fluids to a storm drain, which could impact surface waters, may be considered
a violation of North Carolina water quality regulations and must cease.
Violation of any water quality regulation is subject to the assessment of civil penalties per North
Carolina General Statute 143-215.114A. Any violations may subject the responsible party to a civil
penalty assessment of up to $25,000.00 per day for .each violation. Further action will be taken by
the DWQ, if information is received that violations have continued.
Thank you for your attention to this matter. Please note that information about surface water quality
can be obtained, from the Division of Water Quality website at, the address given below or if I can
provide additional information concerning this issue, please calf me at [phone].
Sincerely,
Linda Wiggs
Environmental Specialist
No rth Carolina
N,atura!!y
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\POLK\Complaints\StoUsFord-Tyron.doc

NCDENR
North Carolina Department of Environment and Natural Resources
"Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor 111 - Secretary .
SURFACE WATER PROTECTION
June 4, 2009
Polk County Sheriff s Department
ATTN: Sergeant Jay Turnie
Box 69
Columbus, North Carolina 28722
SUBJECT: Service of Certified Letter
Per our phone conversation, the enclosed Certified Letter needs to be PERSONALLY served to
the following individual:
- Mr. William-P. Brown
8391 Hwy 108 E.
Mill Spring, North Carolina 28756
Once the certified letter has been served and the Green Card (which is attached to the
back of envelope to Mr. Brown) is Signed and Dated in the areas indicated with a red "X" mark,
please return the Green Card and the completed Return of Service letter in the
self-addressed/stamped envelope. Thank you for rendering this service as a courtesy.
Sincerely, -
Roger C. Edwards, Supervisor
Surface Water Protection Section
Asheville Regional Office
.1..I z .. , <.
Enclosures: Certified Letter to William P. Brown
Self -Addressed, Stamped Return Envelope
Return of Service Letter
SURFACE WATER PROTECTION. SECTION —ASHEVILLE REGIONAL OFFICE 1�TOne 1
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 lv OrthCarohna
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 Naturally
www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

NCDENR
North Carolina Department.of Environment and -Natural Resources
Division of Water Quality
Coleen K Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the day of
-2009; and together with the document(s) was -served as follows:
On the 9 _ day of, 2009, at the following place:.
POtx c_ouw4y
(Fill in the address where the document was delivered).
and was delivered to Mr. Brown personally
If not -served on the named individual, -please state.reason:
Thank you for your time and should you have any questions, please contact Linda Wiggs
of this office at [phone].
Please return this form to:
Surface Water Protection Section
NC Division of Water Quality
2090 US Highway 70
Swannanoa, North Carolina 28778
Re: William P.'Brown
Polk County -
SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE -
.Location: 2090 U.S. Highway 70, Swannanoa,,North Carolina 28778 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NOrthCarollna.
Internet: www.ncwaterquality.org �aturall
An Equal Opportunity 1 Affirmative Action Employer

UE CC -,y
NCDENR
North Carolina .Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary .
SURFACE WATER PROTECTION
June 4, 2009
Polk County Sheriff's Department
ATTN: Sergeant Jay Turnie
Box 69
Columbus, North Carolina 28722
SUBJECT: Service of Certified Letter
Per our phone conversation, the enclosed Certified Letter needs to be PERSONALLY served to
the following individual:
Mr. William P. Brown
8391 Hwy 108 E.
Mill Spring, North Carolina 28756
Once the certified letter has been served and the Green Card (which is attached to the
back of envelope to Mr. Brown) is Signed and Dated in the areas indicated with a red "X". mark,
please return the Green Card and the completed Return of Service letter in the
self-addressed/stamped envelope. Thank you for rendering this service as a courtesy.
Sincerely,
Roger C. Edwards, Supervisor
Surface Water Protection Section
Asheville Regional Office
Enclosures: Certified Letter to William P. Brown
Self -Addressed, Stamped Return Envelope
Return of Service Letter
SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarolina
Phone: [phone] FAX: 828-M-70431 Customer Service: 1-877-623-6748 ?���yr�//'/
Internet: www.ncwaterquality.org
An Equal Opportunity `• Affirmative Action Employer

i..... ate! IMA
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor - Secretary
RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the day of
2009, and together with the document(s) was served as follows:
On the day of
2009; at the following place:
(Fill in the address where the document was delivered)
and was delivered to Mr. Brown personally
If not served on the named individual, please state reason: r
Thank you for your time and should you have any questions, please contact Linda Wiggs
of this office at [phone].
Please return this form to:
Surface Water Protection Section
NC Division of Water Quality
2090 US Highway 70
Swannanoa, North Carolina 28778
Re: William P. Brown
Polk County
SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 One
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org %���tuyra//ff
An Equal Opportunity 1 Affirmative Action Employer �/ � L [�[

ALE COPY
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
March 24, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. William P. Brown
Brown Property
8391 Hwy 108 E.
Mill Spring, NC 28756
7008 0150 0000 7473 9849
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Brown Property
NOV-2009-SS-0011
Stream Standard Violation - Other Waste (In -stream sediment)
Removal of Best Usage
Polk County
Response deadline: April 13, 2009 or 15 days from receipt
Dear Mr. Brown:
On March 11, 2009, Linda Wiggs and Susan Wilson from the Asheville. Regional Office of the
Division of Water Quality (DWQ) conducted an inspection of the Unnamed Tributary to Green
River at the Brown Property along HWY 108 in Polk County.
Stream standards violations were noted during the inspection. Rerouting of the stream channel and
sediment impacts to Unnamed Tributary to Green River, Classification "C", were documented
constituting stream standard violations. Approximately 50 feet of stream channel had been altered
and approximately 400 feet of stream had been impacted by sediment.
As a result of the'site inspection and file review, the following violations, detailed below, were
noted:
I Stream Standard Violation Other Waste (In -stream sediment)
15A NCAC 02B .0211 (3)f
II Removal of Best Usage 15A NCAC 02B.0211 (2)
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One L,
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NOI t11CaPOI111a
Phone:: www.ncwaterquafity.org
FAX: [phone] Customer Service: 1-877-823 6748 �atura!!t�
Internet: www.ncwaterquality.org _ J!
An Equal Opportunity 1 Affirmative Action Employer,

William Brown
3/24/2009
Page 2 of 3
VIOLATIONS
I. Stream Standard Violation -Other Waste (In -stream sediment) 15A NCAC 02B .0211
(3)f - Greater than 400 feet of an Unnamed Tributary to Green River, classification C, was
-- impacted -by sediment-deposition-gr-eater--than-8-inches throughout--thestream -reach,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f)
II. Removal of Best Usage —15A NCAC 02B.0211 (2) — Greater than 50 feet of an Unnamed
Tributary to Green River, classification C was impacted by a relocated stream channel,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (2)
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Linda Wiggs, Division of Water Quality, 2090 US
HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,
NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-
1617. Your response should address the following items:
I. Stream Standard - Other Waste (In -Stream Sediment)
a. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site. This information must be clearly
depicted on a map that you provide as a part of this response.
b. Please submit a Sediment Removal Restoration Plan (Restoration Plan) to this
office for review and approval. The Restoration Plan must address removal of the
accumulated sediment from Unnamed Tributary to Green River. The Restoration
Plan must be submitted to the Division of Water Quality for review and approval
prior to implementation. You are encouraged to secure an environmental consultant
experienced in stream restoration to assist you with your plan development, and
authorization necessary to achieve compliance. It is recommended that your
consultant contact Linda Wiggs of the Asheville Regional Office for additional
guidance during restoration plan development. The Restoration Plan should include
the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
® A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
e A diagram of the stream channel, referenced with photo documentation of
sediment impacts.

a Brown
2009 /
.ge 3 of 3
o A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
-e. Once the Restoration Plan _has been implemented and is complete, a final report
documenting restoration of the stream'should be submitted to Linda Wiggs.
II. Removal of Best Usage —15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without prior authorization.
b. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional
features, and should include plans to avoid further stream and wetland impacts on
the site.
c. Please submit the following documents for review and approval:
• Stream Restoration Plan (relocation of channel) — Please explain how -you, plan
to restore the pattern, profile and dimension of the impacted stream channel. .
The streambed must be restored to the original profile, the stream banks must be
stabilized, and any fill material must be removed from the riparian zone.
Replanting of the riparian zone may be required.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Linda Wiggs at [phone].
Sincerely,
t76t,«Qi .
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy —NPS Assistance and Compliance Oversight Unit
Polk County Planning
6:\WPDATA\DEM W Q\POLK\Comp l ai nts\B rown\nov-2009-ss-0011.doc

i
• •COMPLETE• ••
N ,Po"Mplet ,*items•, 2, and 3. Also complete A. Signature
�ite`�T`'if. Restricted Delivery is desired. ❑Agent
is PPi4 your name and address on the reverse ❑ Addressee
--t�•.FJ»•-.....�.._a-..<—.�.=.-ems .t_._____.. .. _.._ .. _.. .__._-- __....,__
!ed Name) Date of Delivery
North Carolina Department of
" '��� • Environment and Natural Resources
Division of Water Quality Jifferentfrom item 1? ❑ Yes
1 ' �'�`� " Surface Water Protection Section iy address below: ❑ No
NCD ""NR 2090 U.S. Highway 70, Swannanoa, NC 28778
WILLIAM P BROWN I
.BROWN PROPERTY
8391 HWY 108 E 3/ a ioeType
,/ Certified Mail ❑Express Mail
MILL SPRING NC 28756 `'Registered �/Return Receipt for Merchandise
I III I I III II III ❑ Insured Mail vq C.O.D.
I I 1 11 1 111 i i i i iiii i .4. Restricted Delivery? (Extra Fee) ❑ Yes
- 7008 0150 0000 7473 9849 ^JoV ,aC0q > S'S ^ OL / l
PS Forrr 3814,"Febr6ary � Q4U.. ' _Doiriestic Return Receipt 102595.02-M-1540
- ••- .•. :1110 1i Ifil; ' Mil.iiii

NCDENR
DWQ-SURFACE WATER PROTECTION SECTION
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778
e�j I MAP 24 2DO9, o IE
A D 0-0.1,4 DP C(,DE 28778
13 A � - ------- -
WILLIAM P BROWN
7008 0150 U000'7473 9849 BROWN PROPE T
CHRTIFIED F,,,FiAlL
R 7 IETURF, RECEIPT RFOIJESTE'D
8391 HV^'
MILL SF N:rX:CE !2 9 SE! J. 09 04/12/09
RETURN TO SENDER
UNCLAIMED
UNASLE TO FORWARD
.0c: 20778e2l1so *1 *?C--$O- 07255-12- 21
I

June 9, 2009
Polk County Sheriff's Department
ATTN: Sergeant Secell
Enclosed is check No. 5001 in the amount of $15.00 made payable to the Polk County
Sheriff's Department to personally serve certified mail to Mr. William P. Brown located
at 8391 Hwy 108 E, Mill Spring, NC 28756.

of INAr, � Incident Report
Report Number: 200900587_' . ,
Incident Type: Complaint On -Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 03/02/2009
- Company Name:
County: Polk Phone:
City: Pager/Mobile Phone: /
Farm #:
Responsible Party: Reported By:
Owner: First/Mid/Last Name: Rene Laughter
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 I Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal Position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: Big Level Rd
Address: �
City/State/Zip y
�,�,�bl�j Jwf -� ►��I sYS $
Report Created 03/04/09 04:12 PM Page 1

Cause/Observation:
Mr Brown 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
Directions:
HWY 26 to exit 67, to exit 163, go left on HWY 108 about 8 miles turn left
on Big Level Rd. Renes house is first house on right.
Comments:
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Date Due Date Comment
2009-03-04 0411:37
2009-03-02 10:00:00
Report Created 03/04/09 04:12 PM Page 2

Standard Agencies Notified:
Agency Name Phone
Other Agencies Notified:
Agency Name 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: Regional Contact:
Linda S Wiggs Linda S Wiggs
Phone:
Date/Time: 2009-03-04 04:11:37 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 03/04/09 04:12 PM Page 3

o ©�',IArEgq� Incident Report
Report Number: 200900198
Incident Type: Complaint On -Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 01 /22/2008
Company Name:
County: Polk Phone:
City: Pager/Mobile Phone: /
Farm #:
Responsible Party: L
Re orted B
Owner:
.Permit:
Facility:
First Nate:
Middle Name:
Last -Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
p Y•
First/Mid/Last Name: Phillip Jolly
Company Name:
Address:
City/State/Zip: Mill Spring
Phone:
Pager/Mobile Phone: [phone]
�141� .o�
Chemical Name Reportable Qty. Ibs. Reportable City. kgs.
DD:MM:SS Decimal position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: Jolly/ Brown property line
Address: 8391 E NC 108 Hwy
City/State/Zip Mill Spring NC 28756
J
Report Created 01/23/09 02:57 PM Page 1

Cause/Observation:
Mr. Brown is using a piece of farm equipment to place fill in and
dig out the stream.
Action Taken:
Incident Questions:
Directions:
off hwy 108 in mill spring - See attached map.
Comments:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?
Did the Spill result•in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Event Type
Report Received
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Event Date Due Date Comment
2009-01-23 02:54:25
2008-01-22 03:00:00
Report Created 01/23/09 02:57 PM Page 2

tandard Agencies Notified:
Agency Name Phone First Name M.I.
Other Agencies Notified:
Agency Name Phone First Name M.I.
Last Name Contact Date
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: 2009-01-23.02:54:25 PM
Referred Via:'
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 01/23/09 02:57 PM Page 3

Page 1 of 1
olk County, NC - Tax Parcel Report
Date: January 23, 2009 '
Parcel Number: i
Owner Name: BROWN, WILLIAM PAUL — S
Owner Address: PO BOX 387
Deeded,Acres: 2.5.540
*WARNING: THIS IS NOT A SURVEY!*
Friday, 1/23/2009 Notes:
This map is prepared for the inventory of
real property found within Polk County,
and is compiled from recorded deeds,
plats, and other public records and data.
Users of this map are hereby notified that
the aforementioned public primary
Information sources should be consulted
for verification of the information contained
on this map. Polk County and the mapping
and software companies assume no legal
responsibility for the information contained
on this map.
http://gis.polknc:org/GoMaps/reports/report.cf n?CFID=23710&CFrOKEN=23898301 1/23/2009

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.Complete,itemsJ, 2, and 3. Also complete A. Signature
iite`a°if Restricted Delivery is desired. ❑ Agent
N PHnt your name and address on the reverse ❑ ddressee
'- ed Na e) Date of Deliver}
North Carolina Department of
_ " • a• Environment and Natural Resources
L Division of Water Quality ifferentfrom item ? Yes
�i� ` Surface Water Protection Section address below: ` ❑ No
.NCDENR ` 2090 U.S. Highway 70, Swannanoa, NC 28778
1NILLI'AM P BROWN
_BROWN PROPERTY
8391�HWY 108 E
MILLI SPRING NC 28756.
Certified Mail
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❑ Express Mail
gistered
Return Receipt �CMe,�
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700L 0150- 0000 7473, 9849 - vU-a�bq _ SS - 00
—-f-f—T-T, !-M--
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UNITED.
Postage & Fees Paid
USPS
Permit No. G-1 0
e- Pleas rin n6r4� address, and ZIP+4 in this box
�LINDA WIGGS.
�
`5�JANNANOA NC 23778
i

Wiggs, Linda
From: Bob Monroe [[e-mail]]
Sent: Wednesday, October 07, 2009 9:30 AM
To: Wiggs, Linda
Subject: Re: pond pollution
Hi Linda,
Thanks for the response, and sorry about the phone, we haven't
got DSL and it takes forever to get anything done.
Rick came down here to look things over about a week ago, said
there was not much he could do about it, did make them repair the
screen. So I guess that's it.
Saw where a property owner lost a lawsuit to a developer that had
polluted his pond. Even went to jury trial. Jury said the owner did not
prove that the pollutant came from the development, altho the owner
hired an engineer. I believe the article was in the Sept. 30 Hendersonville
Times Union.
Bob
--- On Tue,10/6/09, Wiggs, Linda [e-mail]> wrote:
From: Wiggs, Linda <[e-mail]>
Subject: pond pollution
To: "[e-mail]" <bobmonroel [e-mail]>
Cc: "Allred, Rick" <[e-mail]>
Date: Tuesday, October 6, 2009, 2:43 PM
Hi Robert,
I received a faxed concern about a pond that is receiving silt from a home construction site upstream. I
have tried to call the number listed but it is busy. Would you please contact me -with your concern so I
can get more information on the situation.
I am ccing Rick Allred with the Division of Land Resources in case he needs to be involved. He is out
of the office until next week, but may know about the home construction mentioned on Glen Echo
Circle.
Thank you, 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.

09-22-2009 11:49 BOB MONROE 772778041E
PAGE1 G�J��z�kC2
t!2= About Up §112 'Smrch
(2 o G ' t. 4 7- %'H k� r v R 9 ,,a` T2 / i.✓ o R. r
ONLINE COMPLAINT REPORTING l,,24 w7
Discharges Into Storm Drains, Streets, Culverts, Rivers, Creeks, etc.
Wastewater and sewage from inside your home is treated and cleaned by waste water treatmeni
or septic fields. Storm drains in the street outside your home flow directly to the streams, rivers, I
and the ocean without treatment.
No one is allowed to dump waste of any kind onto street surfaces, drainage pipes and ditches, o
storm drains - they are only for rainwater.
If you see someone without a permit dump anything onto street surfaces, into storm drains, or in.
other device built to contain rainfall or runoff, please report it by calling 1-877-623-6748 or use th
below.
If you see evidence of dumping, but did not see the act, please report the location..
Your complaint will be forwarded to stormwater officials in the area the activity occurred.
To report an Emergency, call 911.
(do not use this form to report an emorgonay)
Please provide one form of contact Information so you can be updated on the complaint investigation. Coni
information Is also necessary if we need additional information about the complaint All personal Informatic
received will not be released unless it is requested; however, this. information is a public record.
All personal information is kept confidential)
Your Name (optional)
Your E-mail Address (optional)
Your Phone (optional)
Your Address (optional)
Location of suspected Discharge:
County
city
Street Address
Nearest Cross Street
County
Robert Monroe
[e-mail]
828 749 34k
3448 Holbert Cove Rd„ Saluda, NC. 28773
Saluda, NC
75-115 Glen Echo Circle
off Holbert Cove Rd,
Polk
Name of Water Body pond on my property
Point on Water Body (e.g. nea,cat roadway. Holbert Cov® Rd.
landmark, bout', GPS beallon, boat ramp etc.)
http://www.ncstormwawr.org/pages/compwntfonn,ht,ni
�Y. f
°t 7•r.�..'.
V . rtTn'.r.64i1£.yi.'1-4ii.
a
.. SEP 22 2009
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
.A-..i rA x$:y,c. is 1�; �wa"^Y.nwy�ci: •

09-22-2009 11:49 BOB MONROE 7727780419
PRGE2
Other (please describe in space below)
Date (mm/dd/yy)'and time (am/pm) 19 Sept, 09
problem first noticed:
Does problem occur on a regular N
basis? o Yes
If Yes, When? every heavy rain fall
Please list attributes that apply. The
water is f." 1 Foamy n Discolored f::1 Smells n Filled with debris
Dead fish are present
Was a commercial vehicle involved? No Yes
If Yes, what was the company name or license plate number on the vehicle?
Company Name
License Plate (State / Number)
Was a commercial facility involved? No Yes
If yes, what was the name of the company?
Please provide additional information concerning your complaint below:
oldtimer.s say a culvert was installed under Holbert cove Rd, that dumps
water into the pond, maybe i.11eclal installation.
But most recently a home construction site on Glnn echo Circle have let
their silt containment deteriorate;, causing extensive silt to pollute my
Submit to Stormwater Program Clear Form
•X NCDENR, Division of Water Quality
t` : ! 3 1617 Mail Service Center, Raleigh, NC 27699-1617 [phone] Fax [phone]
,
1
http://www.nestormwaw.r.org/pages/complaintform.htmI
DisdalmeNPriv
9/22/2009

Wiggs, Linda
From:
Wiggs, Linda
Sent:
Tuesday, October 06, 2009 2:43 PM
To:
'[e-mail]'
Cc:
Allred, Rick
Subject:
pond pollution
Hi Robert,
I received a -faxed concern about a pond that is receiving silt from a home construction site upstream. I have tried to call
the number listed but it is busy. Would you please contact me with your concern so I can get more information on the
situation.
I am ccing Rick Allred with the Division of Land Resources in case he needs to be involved. He is out of the office until
next week, but may know about the home construction mentioned on Glen Echo Circle.
Thank you, 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: 828=299-7043
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.

Linda
From: Edwards, Roger �fd
Sent: Thursday, May 21, 2009 4:36 PM
To: Wiggs, Linda
Subject: FW: dam built over natural waterfall to divert water from creek
Please check this out=and communicate with the Brazell's. Enter into BIMS as a complaint
Thanks,
Roger Edwards - Roger.Edwards(@ncdenr.gov North Carolina Dept. of Environment and.Natural
Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090
U.S. 70 Highway Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and therefore may be disclosed to third parties.
-----Original Message -----
From: [e-mail][mailto:[e-mail]]
Sent: Tuesday, May-19, 2009 10:01 AM
To: Roger.Edwards@ncmail..net,
Subject: dam built over natural waterfall to divert water from creek
Dear Sir:
I am writing in the hope that you can help me resolve a.problem that is affecting the
enjoyment and value of my property.
A neighbor who owns property adjoining mine has built a concrete dam over a natural waterfall
and diverted the creek with pipes to supply water to a large ornamental pond that he has dug.
This action has'diverted the water from the creek on'our property. the pond is stagnant water
most of the time and is breeding mosquitoes to the point that we cannot enjoy being outside
on our property.
I realize that seasonal changes affect the flow of water in any creek and that mosquitoes are
a natural pestilence when living in the woods, but the lack of water in our creek and the
mosquito problem have obviously been the result of the actions outlined above. We never had
these problems until this dam was built about three years ago.
We complained to the owner and to our Homeowners' Association when the dam was being built -
to no avail. Another neighbor recently suggested that I contact you.
The property with the dam and pond is located at 949 Skyuka Rd., Columbus, NC 28722. It is
owned by Don E. Taylor, registered as owned by his company, Wateree Plaza, Ltd., 5 Calendar
Ct., Columbia, SC 29206 Phone: [phone].
He currently has the property up for. sale. We would like to have these problems resolved
before he sells the property to a new owner.
Any help or information you can offer will be greatly appreciated.
Thank you,
69
r

Wiggs, Linda
From: [e-mail]
Sent: Tuesday,.June 09, 2009 4:25. PM
To: Wiggs, Linda
Subject: cell phone for Martha Brazell
Linda,
Thank you for looking into my problem with the dam built over the waterfall and the stagnant
pond on Skyuka Road in Columbus, -NC. I`m sorry that I missed your call -yesterday. I will be
in and out tomorrow, so my cell number is 864-590-5436.
Hope to hear from you' soon,
Martha Brazeld
1

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.
From: Hair, Sarah E SAW [mailto:[e-mail]]
Sent: Monday, May 18, 2009 1:13 PM
To: Linda Wiggs
Subject: Saluda Polk Co. site visit
r
Hey Linda,
I understand you are out until after Memorial Day but I wanted to keep you
An the loop about the Saluda site that we were supposed to visit last month
(but I had to cancel). I finally got in touch with the consultant ( Kevin
Caldwell with Mountains to -Sea Ecological) and we set a meeting for June 23
(Tuesday) around 10'am. Just checking if you would like to go and if that
time works for you; we maybe able to set the time closer to 11 am or later,
if necessary.
I'm not sure how long it takes to get to the site; I would guess an hour or
so... the consultant is to send directions in the near future.
Just a little history: The property owner straightened/ re-routed about 500
linear feet of stream (either Little Cove Creek or one of its tribs). Also,
an adjacent property owner may have an unauthorized activity; 80 foot
culvert, perched.
The property is located off Holbert Cove Road, near Saluda., in Polk County,
NC.
3

Drop me a line when you return.
Thanks! .
Liz Hair
Regulatory Specialist
f
Asheville Regulatory Field Office
U.S Army Corps of Engineers -Wilmington District
151 Patton Ave, Room 208
Asheville, NC 28805
828-271-7980 x.232
[e-mail] <blocked::mailto:[e-mail]>
The Wilmington District is committed to providing the highest level of
support to the public. To help us ensure we continue to do so, please
complete the Customer Satisfaction Survey located at our website at
http://regulatory.usacesurvey.com/
<blocked::http://regulatory.usacesurvey.com/> to complete the survey
online.
Email correspondence to and from this sender is subject to the N.C. Public
Records Law and may be disclosed to third parties.
4

Wiggs, Linda
From: [e-mail]
Sent: Wednesday, June 17, 2009 6:15 PM
To: Liz Hair
Cc: Wiggs, Linda
Subject: Site visit on June 23rd
Dear Ms. Hair,
Linda Wiggs asked me to email information about the dam that has been built over a waterfall
and a pond that has been built on the property adjacent to mine at 949 Skyuka Road in
Columbus. I am hoping that you will be able to make a site visit on June 23rd when you are
scheduled to visit Saluda, which is about 10 miles away.
A 10 to 12 foot wide concrete dam was built across the creek at the top of a natural
waterfall. A backhoe was used to trench out the creek and pipes put in the creek to divert
the water to a large man-made pond. Our creek is now dry unless we have a substantial
rainfall. The only.water that comes over the dam now is the overflow once the pond is full.
The pond has become a stagnant breeding ground for mosquitoes.
Thank you for any help you can provide,
Martha Brazell
cell phone: [phone]
1

Martha and Alex Brazell
151 Acorn Alley
Columbus, NC 28722
[phone]
�a yo
on
0
2

Wiggs, Linda
From: Edwards, Roger
Sent: Thursday, May 21, 2009 4:36 PM
To: Wiggs, Linda
Subject: FW: dam built over natural waterfall to divert water from creek
Please check this out and communicate with the Brazell's. Enter into BIMS as a complaint
Thanks,
Roger Edwards - Roger.Edwards(@ncdenr.gov North Carolina Dept. of Environment and Natural
Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090
U.S. 70 Highway Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and therefore may be disclosed to third parties.
-----Original Message -----
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, May 19, 2009 10:01 AM/-t/
To: [e-mail] ' "�
Subject: dam built over natural waterfall to divert water from creek
Dear Sir:
I am writing in the hope that you can help me resolve a problem that is affecting the
enjoyment and value of my property.
A neighbor who owns property adjoining mine has built a concrete dam over a natural waterfall
and diverted the creek with pipes to supply water to a large ornamental pond that he has dug.
This action has diverted the water from the creek on our property. The pond is stagnant water
most of the time and is breeding mosquitoes to the point that we cannot enjoy being outside
on o"ur property.
I realize that seasonal changes affect the flow of water in any creek and that mosquitoes are
a natural pestilence when living in the woods, but the lack of water in our creek and the
mosquito problem have obviously been the result of the actions outlined above. We never had
these problems until this dam was built about three years ago.
We complained to the owner and to our Homeowners' Association when the dam was being built -
to no avail. Another neighbor recently suggested that I contact you.
The property with the dam and pond is located at 949 Skyuka Rd., Columbus, NC 28722. It is
owned by Don E. Taylor, registered owned by his company, Wat ree_ Plaza, Ltd., 5 Calendar
Ct., Columbia, SC 29206 Phone: [phone]. ��,.rys Jan �✓ ca-u— ban qO
3 751 0 YOX
He currently has the property up for sale. We would like to have these problems resolved
before he sells the property to a new owner.
Any help or information you can offer will be greatly appreciated.
Thank you,
1

Wiggs, Linda
From: Hair, Sarah E SAW [[e-mail]]
Sent: Wednesday, June 10, 2009 9:41 AM
To: Wiggs, Linda
Subject: RE: Saluda Polk Co. site visit
Great!
I think that will be fine .... it's an hour or so to the Saluda exit and I will get more
details regarding where exactly to meet the consultant... We might want to push it to 10:30
though, just to be safe.
There is a back entrance on Otis Street; sometimes the guards are funny about who they let
in, depends on who's working. If you just want to pick me up on Otis Street just before the
big metal sculpture that Kevin calls the MAC (Modern Art Crap) that would be fine. I can meet
you outside about 15 minutes after you leave, if you want to call me on my cell when you are
heading out the door my # is 828-696-6609.
Thanks again!
Liz Hair
Regulatory Specialist
Asheville Regulatory Field Office
U.S Army Corps of Engineers -Wilmington District
151 Patton Ave, Room 208
Asheville, NC 28805
828-271-7980 x.232
[e-mail]
The Wilmington District is committed to providing the highest level of
support to the public. To help us ensure we continue to do so, please
complete the Customer Satisfaction Survey located at our website at
http://regulatory.usacesurvey.com/ to complete the survey online.
-----Original Message -----
From: Wiggs, Linda [mailto:[e-mail]]
Sent: Wednesday, June 10, 2009 9:34 AM
To: Hair, Sarah E SAW
Subject: RE: Saluda Polk Co. site visit
Sure I can drive and pick you up. I am not sure how long it takes to'get to
Saluda.f rom here, do you think if I roll outta here around 8:30-9ish to pick
you up we will be ok for a 10am meeting? I also need to know where to pick
you up, I have only been to the Federal building once and if I recall
correctly there was a back entrance at the parking deck???
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]
1

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: Hair, Sarah E SAW [mailto:[e-mail]]
Sent: Wednesday, June 10, 2009 9:25 AM
To: Wiggs, Linda
Subject: RE: Saluda Polk Co. site visit
Linda,
Regarding the Saluda site on Tuesday June 23: All of our vehicles are booked
that day, would it be possible for you to get a vehicle and pick me up?
I can try to move the time around if that works better for you.
I am currently scheduled to meet Kevin Caldwell at 10 am, but can move it to
maybe 11 or 11:30 if needed.
Let me know if that works for you, that way I can inform the consultant of
the change. If not, then I'll just re -schedule for another day.
Thanks!
Liz Hair
Regulatory Specialist
Asheville Regulatory Field Office
U.S Army Corps of Engineers -Wilmington District
151 Patton Ave, Room 208
Asheville, NC 28805
828-271-7980 x.232
[e-mail]
The Wilmington District is committed to providing the highest level of
support to the public. To help us ensure we continue to do so, please
complete the Customer Satisfaction Survey located at our website at
http://regulatory.usace8urvey.com/ to complete the survey online.
-----Original Message -----
From: Wiggs, Linda [mailto:[e-mail]]
Sent: Tuesday, May 26, 2009 11:23 AM
To: Hair, Sarah E SAW
Subject: RE: Saluda Polk Co. site visit
Sure, I have it on my calendar, let me know as the date draws near what the
final plans are.
Linda
z

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0�0f VATFgoG Incident Report
=
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Report Number: 200900923
Incident Type: Complaint On -Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started: 03/02/2009 Company Name:
County: Polk Phone:
City: Pager/Mobile Phone: /
Farm #:
Responsible Party: Reported By:
11 "
Owner: �p, �1 rjav,r•� First/Mid/Last Name: Ann Lynn
Permit: Company Name:
Facility: c�6, Address:
First Name:
Middle Name: City/State/Zip:
Last Name: Phone: [phone] �b
Address Pager/Mobile Phone: /
S6 3
City/State/Zip:
Phone: <;f q
Material Category: Estimated Qty: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident: HWY 9 UT to Marys Br Pond:
Address:
City/State/Zip
Chemical Name Reportable Qty, lbs. Reportable Qty. kgs.
Position Method: f
Position Accuracy:
Position Datum:
J Y-n 0 T_
I
ulrr
Report Created 04/02/09 03:42 PM Page I

Cause/Observation:
Cleared horse pasture is losing sediment to creek and pond
Action Taken:
DWQ meeting with pasture owner to resolve.
Incident Questions:
Directions:
HWY 9 South past Flre Dept on Right at box #9714
Comments:
Site visit on 3/11/09. Creek does have sediment from pasture, pond is
turbid.
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 2009-04-02 04:41:58
Incident Start 2009-03-02 01:00:00
Unknown
Comment
Report Created 04/02/09 03:42 PM Page 2

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Incident Report
Report Number: 200901777
Incident Type: Complaint
Category: Surface Water
Incident Started: 06/29/2009
County: Polk
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: UT to Woll'c-FENCE
Address:
City/State/Zip
Report Created 07/08/09 0424 PM
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: Neil Cullins
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:
,
- 2c�tl
h
Page I

Cause/Observation: Directions: %
stream dammed up. low flow FENCE pumping pond and 1' /
lowering levels so no water in stream.
Action Taken: Comments:
spoke with Melissa at FENCE (859-9021 or 243-1746)she said
they are not doing this. complained about complainant building
illegal pond. � /
site visit will be needed. � lT
Incident Questions: V n �1� Cam/ p-� f �{ J_
tj
Did the Material reach the Surface Water? Unknown Conveyance: co C-krv14t-'
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish? (1
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground) �() A
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
Groundwater Impacted : Unknown
Event Date Due Date
2009-07-08 04:20:32
2009-06-29 02:00:00
Report Created 07/08/09 04:24 PM
Comment
Page 2

Copyright (C) 1998, Maptech, Inc.

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The Leader in Nationwide 24-Hour Emergency Management
,,. For Emergency Only: 1-800-579-2872
ENVIRONMENTAL
March 14, 2009 Sent Certified Mail, No.:.7007 2680 0000 85.96.1445
North Carolina Department of Environment & Natural Resources
Mr. Keith Hanes
2090 U.S,.Highway 70
Swannanoa, North Carolina 28778 APR - 6 ZOOS $
RE: DIESEL FUEL RELEASE — FINAL REPORT WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE s ';
OLD SOUTH FREIGHT SERVICES, INC.
I-26, MILE MARKER 67-
COLUMBUS, NORTH CAROLINA
CES PROJECT NO. EM090071S3
NCDENR REFERENCE NO. 2/11/09 —12:50 P.M.
NRC REPORT NO. 897195
SENTRY CLAIM NO. CTE843870
Mr. Hanes:
This serves as the final report detailing the emergency response and corrective actions taken for the diesel
fuel release that occurred on February 11, 2009, at the above -referenced location. .
Incident Background:
On February 11, 2009, at approximately 9:00 a.m. CST, a tractor -trailer operated by Old South Freight
Services, Inc. caught fire from an undetermined cause while traveling on I-26 near mile marker 67 in
Columbus, North Carolina. The tractor -trailer released undetermined quantities of diesel fuel and motor oil
upon coming to rest at the shoulder of the roadway. Fuel and motor oil then migrated to a nearby storm
drain.
Emergency Response:
On February 11, 2009, at approximately 9:36 a.m. CST, a representative with Sentry Transportation
Insurance, Ms. Kathy Taylor, retained Cura Emergency Services (CES) to manage the environmental
cleanup operations on behalf of Old South Freight Services, Inc. Based on the information available, the
CES incident manager dispatched a response crew from JBR Environmental Services (JBR), located in
Spartanburg, South Carolina, to assess the site and initiate corrective actions.
Regulatory Notification:
Pursuant to North Carolina state regulations, any petroleum related release that enters the waters of the state
is considered reportable. The CES incident manager made verbal notification of intent to remediate to the
site on behalf of Old South Freight Services, Inc. to the North Carolina Department of Environment and
Natural Resources on February 11, 2009, at approximately 12:50 p.m. CST. In addition, CES made verbal
notification to the National Response Center on February 11, 2009, at approximately 12:55 p.m. CST, and
was issued the report number 897195.
6205 Chapel Hill Blvd., Suite 100, Plano, TX 75093
[phone] •972.378.6789 fax
www.spillsolutions.com

-2—
April 2, 2009
Corrective Actions:.
The crew from JBR arrived on site and met with local authorities. Personnel from JBR determined that an
excavation would be required to remove the diesel fuel from the shoulder area. Fire suppression activities
had caused the fuel and motor oil to migrate across the soil to a drainage ditch at the base of the shoulder.
Fuel and motor oil -had traveled along this ditch line and entered the storm drain. Granular absorbents were
deployed to freestanding liquids on the roadway and worked in with hand tools. The spent absorbents were
placed on the shoulder for future removal with excavation activities.
Personnel from JBR utilized a vacuum truck to remove the contents of the storm drain. A mini -excavator
was utilized to remove approximately 1.1.89 tons of diesel -impacted soil from the shoulder of the roadway.
Excavation continued until no visual or olfactory evidence of diesel fuel or motor oil could be observed at
the site. The impacted soil was staged in a dump truck pending disposal at a local facility. The crew from
JBR scheduled site restoration activities for the following day and demobilized.
On February 12, 2009, the crew from JBR returned to the site to complete the site restoration. The affected
area was backfilled with clean fill soil, and returned to pre -spill grade. Personnel from JBR demobilized
from the site.
Waste Disposal:
On February 11, 2009, approximately 0.03 tons of diesel -impacted wastewater was transported to, and
recycled at, the Piedmont Salt Terminal in Spartanburg, South Carolina (see attached materials manifest).
On February 11, 2009, approximately 11.89 tons of diesel and motor oil -impacted soil was transported to,
and disposed of at, the Waste Management Palmetto Landfill in Wellford, South Carolina (see attached
waste manifest).
Conclusions:
Following the corrective actions, no visual or olfactory evidence of diesel fuel or motor oil was.observed at
the site. Based on these results, it appears that the corrective action was successful and no further action
should be required. CES recommends that the incident be closed.
Old South Freight Services, Inc. and Cura Emergency Services, L.C. appreciate your assistance during this
incident. If you have any questions, please feel free to call us at [phone].
Respectfully,
Cura Emergency Services, L.C.
hn JoUrquhart
Incident Manager
Cc: Ms. Cheryl Krieger — Sentry Transportation Insurance
P.O. Box 8032
Stevens Point, Wisconsin 54481 .
Attachments: CES Hazardous Materials Incident Report
Disposal Documentation
Site Photos

Cura Emergency Services, L.C.
6205 Chapel Hill Boulevard, Suite 100
Plano, Texas 75093
Ph. [phone] Fax [phone]
A. Incident Information:
Iazardous 1VIaterrals
:Inc><dent Report
Client File No.: CTE843870
Incident Manager: John Urquhart
Project No.: EM090071S3 Project Name: Sentry Transportation Insurance - Columbus - N
Date of Loss: 2/11/2009 Time Loss Occured: 09:00 AM CST
Date Reported to CES: 2/11/2009 Time Reported to CES: 09:36 AM CST
Person Reporting: Kathy Taylor Phone: [phone]
Driver: Raymond E. Mayo Tractor #: Trailer #:
Incident Location Contact: Raymond E. Mayo Phone: [phone]
Incident Location:I-26, Mile Marker 67
City: Columbus County: Polk State: NC
Incident Description:
On February 11 2009 at approximately 9:00 a.m. CST a tractor -trailer operated by Old South Freight Services, Inc. caught
fire from an undetermined cause while traveling on I-26 near mile marker 67 in Columbus, North Carolina. The tractor -
trailer released undetermined quantities of diesel fuel and motor oil upon coming to rest at the shoulder of the roadway. Fuel
and motor oil then migrated to a nearby storm drain.
Surfaces affected:❑ soil/grass 0 asphalt ❑ concrete ❑ other
Water affected: S6 surface ❑ groundwater ❑ none ❑ other Storm Drain
Sensitive Receptor Impact:
No sensitive receptors were impacted as a result of this incident.
Saturday, March 14, 2009 EM090071S3

Incident Report (Cont.)
B. Chemical Information
Chemical: diesel fuel, 3, 1993
Chemical: motor oil, 3, UN NA1270
Chemical:
C. Health & Safety:
Project No.: EM090071 S3
Client File No.: CTE843870
Reportable "
Reported
Actual*
Gal/
Quantity
Volume
Volume
Lbs
25
unk
unk
Gals
25 unk unk Gals
Site Monitoring (if applicable): PPE:
❑ Vapor Concentration (ppm): unmetered ❑ Level A ❑ Level C
❑ Available Oxygen (%): ambient ❑ Level B 0 Level D
❑ LEL Exceeded ❑ MSDS Attached
Site Special Precations:
No special precautions were noted for this site.
Site Condition:
No complicating conditions existed at the site during clean up operations
Injuries: Explain:
No No injuries or fatalities that were a direct result of the released material were reported.
D. Emergency Response:
Initial Emergency Actions:
On February 11, 2009 at approximately 9:36 a.m. CST a representative with Sentry Transportation Insurance Ms Kathy
Taylor, retained Cura Emergency Services (CES) to manage the environmental cleanup operations on behalf of Old South
Freight Services, Inc. Based on the information available the CES incident manager dispatched a response crew from JBR
Environmental Services (JBR), located in Spartanburg South Carolina to assess the site and initiate corrective actions.
'Unless specified in the Incident Description section, the 'Actual Volume" is an estimate, based on the observations of the CES subcontractor.
Saturday, March 14, 2009 EM090071S3

Incident Report (Cont.)
E. Corrective Actions:
Project No.: EM090071S3
Client File No.: CTE843870
Corrective Actions:
The crew from JBR arrived on site and met with local authorities. Personnel from JBR determined that an excavation would be
required to remove the diesel fuel from the shoulder area. Fire suppression activities had caused the fuel and motor oil to
migrate across the soil to a drainage ditch at the base of the shoulder. Fuel and motor oil had traveled along this ditch line and
entered the storm drain. Granular absorbents were deployed to freestanding liquids on the roadway and worked in with hand
tools. The spent absorbents were placed on the shoulder for future removal with excavation activities.
Personnel from JBR utilized a vacuum truck to remove the contents of the storm drain. A mini -excavator was utilized to remove
approximately 11.89 tons of diesel -impacted soil from the shoulder of the roadway. Excavation continued until no visual or
olfactory evidence of diesel fuel or motor oil could be observed at the site. The impacted soil was staged in a dump truck
pending disposal at a local facility. The crew from JBR scheduled site restoration activities for the following day and
demobilized.
On February 12, 2009, the crew from JBR returned to the site to complete the site restoration. The affected area was backfilled
with clean fill soil and returned to pre -spill grade. Personnel from JBR demobilized from the site.
F. Responsible Party Information:
Responsible Party: Old South Freight Services, Inc.
Contact: Title: El Send report
Address: P.O. Box 167 Phone: [phone]
City: Pleasantview State: TN Zip: 37146- _ Fax:
Saturday, March 14, 2009 EM090071S3

Incident Report (Cont.)
G. Regulatory Agencies:
Project No.: EM090071S3
Client File No.:CTE843870
❑.r Reportable Spill (check if yes)
Explain.: Pursuant to NC state regulations, petroleum related releases in excess of 25 gallons are
considered reportable.
Asheville Region 1- NCDENR
Contact Person: Keith Hanes
Contact Date: 2/11/2009
Address: 2090 U.S. Highway 70 Phone•[phone] Contact Time: 12:50 PM
City: Swannanoa State: NC Zip: 28778- Fax: [phone]
Report Required Confirmation No.:
Note:
National Response Center (U.S. Coast Guard)
Contact Person: Kevin Williams Contact Date: 2/11/2009
Address: Phone•[phone] Contact Time: 12:55 PM
City:
El Report Required
Note:
State: Zip: Fax:
Confirmation No.: 897195
March 14, 2009
EM090071S3

Incident Report (Cont.)
H. Disposal Facilities:
Waste Facility: Waste Management Palmetto Landfill
Contact Person:
Address: 251 New Hope Rd.
City: Wellford State: SC Zip: 29385-
Project No.: EM090071S3
Client File No.:CTE843870
Phone: [phone] Ext: Fax: [phone]
E-mail: Website:
Disposal Date: 2/12/2009 Amount: 11.89 Tons
Waste Facility: Piedmont Salt Terminal, Inc.
Contact Person:
Address: 7095'Howard Street
City: Spartanburg State: SC Zip: 29305
Phone: [phone] Ext: Fax: [phone]
E-mail: Website:
Disposal Date: 2/11/2009 Amount: 0.03 Tons
W Disposal Documents
Disposal Documents
Attached
March 14,2009 EM090071S3

Incident Report (Cont.)
I. Contractors:
Project No.:' EM09007153
Client File No.:CTE843870
Company: JBR Environmental Services
Contact Person : Rex Russell
Address: 210 Alice Stree, P.O. Box 4098 (29305) Phone: [phone]
City: Spartanburg State: SC Zip: 29303- Fax: [phone].
E-mail:
March 14, 2009
EM090071 S3

r;T:< <�"':�.. �- .-tF {' }. ,' +re�t�r r '?'?.�.rc i. �. .. i. ._. 'rt. '-�.ti its". _byr.. p ,.1,. ?�,ep�`" k:^Y.„�.,,�,h��$.'75hq�.....q-.,.,,:ca<;p.�e �r..;.....'=s�Ai„'`K, ^: .. �. ,--.-..... •--ry SF-k
.MATERIAL JBR Environmental Services Manifest Document No.
MANIFEST P. O. Box 4098 l,? 11 6a`3c-)I ..
- (0 Spartanburg, SC 29305 Page of
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a
Phone Number: [phone]
Name: US EPA ID No.
OLD 500T H FREIGH7-
Street Address Mailing Address Phone No.
X,�q Lo `'7 Dg C ai �a L. II11_l 1,v ITCc� J
Contact
► PIANO, TX 1.5o93 FRl C
HM
USDOT Proper Shipping Name
Hazard
UNIN
Packing
Containers
Total
Unit
(Complete All Items for Hazardous Materials)
Class
A
Group
Qty
Type :
Quantity
Wt.Nol.
ID No.
b.
"7
-'1-
C.
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0,1
%a!J+
ADDITIONAL INFORMATION
ERG No.
JSR P{ofile
Code
aowilty
lJs�
-
a.
!ram" G>IlA
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_
b.
_.=
This is to certify that the above -described materials are properly classified, described, packaged, marked and labeled, and are in proper condition for
transportation according to. the applicable regulations of the Department of Transportation. I further certify that none of the materials described above area
hazardous waste as defined by EPA 40 CFR Part 261 or any applicable state law, and unless specifically identified above, the materials contain less than
1,000 ppm total halogens and do not contain quantifiable levels (2 pm) of PCBs as defined by EPA 40 CFR Parts 279 and 761..
Printed/Typed Name ;I Signature I Mo./Day/Yr,
BE
Transporter
JBR Environmental Services
I hereby acknowledge receipt of the above -described materials for transport from the generator
site listed above.
Address
210 Alice Street
%
Spartanburg, SC 29303
.� js ipment Date
Signature 'i` ( t�
Transporter or
Unit No.
I hereby acknowledge that the above-described7►taferials were rec ived fro the gen ?fatorsite
EPA ID No.
SC ROOOQO4358
- c,.
.
and were transported to the facility listed below.
r.`_
aDelivery Date
Phone
864-583-271,7
Signature
FAGIEFr1f.INFORMATION ,
Facility
I hereby acknowledge receipt of the materials covered by this manifest except for any
JBR Environmental Services
discrepancy noted below.
Signature
R��
Address
210 Alice Street
Spartanburg, SG. 29303
_ A
Facility or
Dlscrepancte RauilttgGcdes Hndhng IVler s
EPA ID No.
SCR000004358
a. �...�r
rnuna 864-583-2717
Contact Rex Russell �.
Original - Facility Retain COPY 2 - Return to Generator COPY 3 - Transporter Retain COPY 4 -
n

Piedmont Salt Terminal Inc. 972-scaletic
7095 Howard Street • PO Box 4035
Spartanburg, South Carolina 29305
1-800-255-0353 9 864-585-4841 • 864-585-2156
Toll -Free Local Fax
"Weighed on Cardinal Scales"
CUSTOMER: �J�LJ� DATE: GROSS
ADDRESS:. TARE
ypzXO
TRUCK#: TRL.# NET
11
CARRIER: �'17D PRODUCT:
WEIGHMASTER: 0, 03
i

�� PALMETTO IL
R
Gate Ticket No,
NON-RAZARDOUS WASTE MANIFEST �z _0a I �
Generator: JBR Environmental
Shipping Location
Street: 210 Alice Street
City: Spartanburg State: SC
County: Spartanburg
Phone:( 864 ) 583-2717
bailing Address
(Returri completed manifest to:)
Street or P.O. Box: i1.098
City: Spartanburg
State: SC Zip Code: 29305
Phone: ( 864 ) 583-2717
09'80_
Description of
Profile
Total
Unit of
Contianer
Waste Materials
Number
Quantity
Measure
Type
Non Regulated Solid, nos
CF3219
TPH Contaminated Soil '��
006803
Construction Debris
CQ8252
t
I hereby certify that the above -described materials are not hazardous wastes as defined9by 40 CFR, Part
261 or any applicable state law, have been fully and accurately described, classified and packaged, and
are in proper condition for transportation according to applicaible regulations }�A
j �. 1i` 1'}.. .t i. #^'.: �. `�j a:'�.. �",,r1� 1✓'� L._ ti
GI enerator Authorized Agent Name (Print) Signature � � Delivery Da e
Transporter Name
Address 210 Alice Street
Spartanburg, SC 29303
I hereby acknowledge receipt of the above
described materials for transport from the
generator site listed above.
Driver Signature Shipment Date
Site Name: Palmetto Landfill & Recycling Center
Driver Name (Print)
Truck Number i
I hereby acknowledge receipt of the above described
materials:
were received from the generator site, and
were transported without` incident, to the
dtstination.as stated_ on this form.
Driver Signature Delivery Date
Phone Number: [phone] a Fax: [phone]
Address: 251 New Hope Road, Wellford, South Carolina 29385
Disposal Location: North 1. West Level ?i
I hereby acknowledge receipt of the above described materials.
J It 1 mod`'
Name of Authorized Agent (Print) Signature Receipt Date
NOTE: MANIFEST MUST BE FILLED OUT COMPLETELY BEFORE DISPOSAL
PAL101 WHITE - ORIGINAL - YELLOW -TRANSPORTER RETAIN - PINK - LANDFILL RETAIN - GOLD - GENERATOR RETAIN

`
V-1mm��
Palmetto Laodfiil Original
251 Hew �e�e �:�d Ticket� 47300
�'ellforr, EC, 2�3�5
Ph: [phone]
Customer Xas� J�R E@���[�U�E@TAL SERWE Carrier 32RUSSELL30N JBR
Ticket Date 02/12,2109 ' Vehicled ^1` Volume
Payment Type Credit Wcou:i Ccxtazner '
Hauling TicketK ChecAN
Route -
State Billzog # @�81566
'--- Waste Code Ban EPA ID
Manifest ��R Manual Ticket #
._-�--' ' �- �
Destinatiuo
PO
Pro file 006603 (TPS SOIL)
Generatov 126-jBBENK/IRGNMENTAL
/B8
ENVIROOENW.
TiM
opevatar
In 02/12/2009 09:11:5S Q1101
FRIT03
Chit 02/1E/28E9 09:26:40 �06#102
FRITZ5
_
Comments MANIFEST- ONGA '
Prcduci LD% City
UOM Rate Fee
......... -..... --'-------'�_..... ------------------__-------'---_---------
1 !AI-CONT SOIL PETA 100 11.69
Tons
2 FU[L-Fuel Su``chary 100
� Pcev^'-Em Fee - [u 10B
�
4 HF-SPA�T���BURG CCU 10� 11.89
Tons-,
'
Signature
403w
-- -- -- ------- -- -- - - -- '- — -- ---- -- - -- -- -- -- -
Gross
58940
Ub
Tare
35160
lb
Net
2378@
lb
Tons
11'89
Ahxount Origi*
------`-------^-----
SPA�T��{BUF
Total Fees
Total Ticket
`
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Incident Report
Report Number: 200801725
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 06/19/2008
Company Name:
County: Polk
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name: Mark Woodbridge
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:
Location of Incident: A Fox I�It d
Position Method:
Position Accuracy:
Position Datum:
Address:
lid
City/State/Zip
/40 �r
O
/4'?'
Report Created 08/11/08 03:08 PM
Page I

Cause/Observation:
Disturbing streambank/filling area adj, maybe a UT
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:
HWY 26 E, to HWY 74 then take Columbus/Mill Springs exit. At end of
ramp go straight across onto Fox Mtn Rd. Go —1.5 mi to bridge over
White Oak Creek, on left is where disturbance is taking place. Please call
Mr Woodbridge with findings/actions.
�o 7Q
Comments:
Event Type Event Date
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2008-06-19 12:57:24
Incident Start 2008-06-19 12:44:00
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Due Date
Comment
Report Created 08/11/08 03:08 PM Page 2

Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Linda S Wiggs Linda S Wiggs
Phone:
Date/Time: 2008-06-19 12:57:24 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
e
Report Created 08/11/08 03:08 PM Page 3

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Incident Report
o�
Report. Number: 200801725
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 06/19/2008
Company Name:
County: Polk
Phone:
City;
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name: Mark Woodbridge
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: Fox Mtn Rd
Address:
City/State/Zip'
Report Created 07/24/08 12:42 PM Page 1

Cause/Observation:
Disturbing streambank/filling area adj, maybe a UT
Action Taken:
Incident Questions:
Directions:
HWY 26 E, to HWY 74 then take Columbus/Mill Springs exit. At end of
ramp go straight across onto Fox Mtn Rd. Go -1.5 mi to bridge over
White Oak Creek, on left is where disturbance is taking place. Please call
Mr Woodbridge with findings/actions.
Comments:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Event Type Event Date Due Date, Comment
Report Received
Referred to Regional Office - Primary Contact
Report Entered 2008-06-19 12:57:24
Incident Start 2008-06-19 12:44:00
Report Created 07/24/08 12:42 PM Page, 2,

Standard Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Linda S Wiggs Linda S Wiggs
Phone:
Date/Time: 2008-06- 19 12:57:24 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 07/24/08 12:42 PM Page 3

©�0�WAr�.90 Incident Report
}
Report Number: 200801725
Incident Type: Complaint On -Site Contact:
Category: Surface Water First/Mid/Last Name:
Incident Started:- 06/19/2008 Company Name:,
County: Polk Phone:
City: Pager/Mobile Phone: /
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Reported By:
First/Mid/Last Name: Mark Woodbridge
Company Name:
Address:
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: /
Material Category: Estimated. Qty: UOM Chemical Name . Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident: Fox Mtn Rd
Address:
.City/State/Zip
Position Method:
Position Accuracy:'
Position Datum:
Report Created 06/19/08 12:58 PM Page 1

Cause/Observation:
Disturbing streambank/filling area adj, maybe a UT
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:
HWY 26 E, to HWY 74 then take Columbus/Mill Springs exit. At end of
ramp go straight across onto Fox Mtn Rd: Go —1.5 mi to bridge over
White Oak Creek, on left is where disturbance is taking place. Please call
Mr Woodbridge with findings/actions.
Comments:
Conveyance:
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 2008-06-19 12:57:24
Incident Start 2008-06-19 12:44:00
Report Created 06/19/08 12:58 PM Page 2

Standard Agencies Notified:
Agency. -Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone _ First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Linda S Wiggs Linda S Wiggs
Phone: l
Date/Time: 2008-06-19 12:57:24 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 06/19/08 12:58 PM Page 3

Active Permits Export
Begin Date: 01/01/2001
End Date: 03/05/2009
Permit
Owner Name - Facility Name
Ver #
Owner Type
Permit Type
County
NC0004391
Grover Industries Inc - Tryon
3.00
Non -Government
Industrial Process & Commercial
Polk
Plant WWTP
Wastewater Discharge
NC0004464
Polk County - Woodland Mills
3.00
Government -
Discharging 100% Domestic < 1 MGD
Polk
WWTP
County
NC0021369
Town of Columbus - Columbus
3.00
Government -
Municipal Wastewater Discharge, <
Polk
WWTP
Municipal
1MGD
NC0021601
Town of Tryon - Tryon WWTP
3.00
Government -
Municipal Wastewater Discharge,
Polk -
Municipal
Large
NC0028975
City of Saluda - Saluda WWTP
3.00
Government -
Municipal Wastewater Discharge, <
Polk
Municipal
1 MGD
NC0033553
Polk County Board of Education -
2.10
Government -
Discharging 100% Domestic < 1 MGD
Polk
Polk Central School
County
NC0034932
Town of Tryon - Tryon Middle
2.10
Government -
Discharging 100% Domestic < 1 MGD
Polk
School
Municipal
NC0048305
Carolina Yarn Processors Inc -
3.00
Non -Government
Industrial Process & Commercial
Polk
Carolina Yarn Processors
Wastewater Discharge
NC0058581
The Brow Association Inc - White
3.00 '
Non -Government
Discharging 100% Domestic < 1 MGD
Polk
Oak Mountain Condominiums
NC0071005 Lynnbrook Estates Homeowners 3.00 Non -Government Discharging 100% Domestic < 1MGD Polk
Assoc - Lynnbrook Estates
WWTP
NC0085294 Pavillon International - Britten 3.00 Non -Government Discharging 100% Domestic < 1MGD Polk
Creek WWTP
NC0086525 Town of Tryon - Tryon WTP 3.00 Government - Water Plants and Water Conditioning Polk
Municipal Discharge
NC0087122 Cooper Riis Inc - Cooper Riis 3.00 Non -Government Discharging 100% Domestic < 1 MGD Polk
Healing Farm
Effective Dt
Expired Dt
12/01 /2008
07/31 /2013
09/01 /2008
07/31 /2013
10/01 /2008
07/31 /2013
02/01 /2009
12/31 /2013
09/01/2008
07/31/2013
05/01 /2005
07/31 /2008.
05/01 /2005
07/31 /2008
10/01 /2008
07/31 /2013
08/01 /2008
07/31 /2013
08/01 /2008
07/31 /2013
11 /01 /2008
07/31 /2013
09/01 /2008
07/31 /2013
08/01 /2008
07/31 /2013

e-
r
�QtAnb
.�z

F
1.2 miles
Nature Trail and
ollow Loop
.3 miles
Pasture "Ridge Trail
.7 miles
Weaver Branch Trail
.3 miles
ICC Trail .5 miles
Fit Trail .3 miles
ICC to Hospital and back
1 mile
I
�To Lynn & Tryon
I
Isothermal
r
Community
f College
Polk County P
Library y lam,
protected by
0 The Pacolet Area Conservancy
Shuford Memorial
Wildlife -Sanctuary Trails
The Shuford Memorial Wildlife Sanctuary is
a mixed hardwood forest which provides excel-
lent habitat for birds and other wildlife. Weaver
Branch meanders through the property. Rest-
ing benches afford the opportunity to enjoy the
creek and woodland.
You can design your ideal walk within the
Shuford Sanctuary by choosing length and level
of difficulty from one or a combination of the
different loops indicated on the map. You can
also continue your walk, if.you wish, by con-
necting to the Tom.Raymond Fitness Trail and,
ultimately, the Tsothermal Community College
Trail. I
Please note that the sanctuary trails are intent
rally primitive and narrow woodland paths.
v your journey into, this beautiful, natural
St. Luke's
Hospital
Complex
El`
_ Hospice
Old Route 19,
i
%
." -
1:
To Columbus & 1-26 -->
C
u
04 '
Tryon
Federal
Bank
Bonnie
Brae
Veterinary
Hospital
Shuford
r*'�Homestead
if
IWeaverbarton /
Shuford Memorial
Wildlife Sanctuary/
.0
0
DJ

About Shuford Sanctuary Directions:
Shuford Sanctuary is located within the
Originally a royal land grant, the town of Columbus, Polk County and car
Shuford Memorial Wildlife Sanctuary is part be -accessed from.Shuford Drive as well as
of an 88.58 acre conservation easement held Tom Raymond Fit -trail behind St. Luke',
by The Pacolet Area Conservancy (PAC) on Hospital. -
the'property of Dr. Robert Lee Shuford III. � From Columbus and from I-26:
purchased b Carl M. i Go west on Route 108.
170 acres of land was
P y Go approximately 1/4 mile.
Gottfried, Dr. Shuford's maternal, grandfather Take a left on Shuford Drive.
in 1931. Dr. Shuford's'mother, Helen, began Look to your right for the
and operated the successful Weaverbarton parking area and trail sign.
Dairy when his parents settled on the property. From Tryon:
After Dr. Shuford's father passed away, Go east on Route 108.
his wife Helen donated the parcel where Before I-26
the Pacolet Area Conservancy easement I Take a right on Shuford Drive.
now exists to the Carolina Bird Club, .with Look to your right for the
the intention that the land become awildparking area and trail sign.
-
life sanctuary. Upon learning that the land) Sanctuar Rules:
was to be sold for development, Dr. Shuford y'�
purchased his family's property. t Hours are from dawn to dusk.
Now 'protected forever by the Pacolet " `" -Please stay on marked trails.
Area Conservancy, the Weaverbarton Shu-
ford;' Memorial Wildlife Sanctuary. honors Take only photographs.
HelenShuford's original wishes.
The public_ is invited to enjoy the wildlife Leave only, footprints.
sanctuary along:nature trails established,by No vehicles, no. littering._
PAC. -
Dogs, to be -kept under owner's control.
For more hiking options, visit PAC -
.!protected Norman Wilder Forest, located Respect'nature
on Hwy. 176 in Tryon, NC - .."185 acres' -of i E
njoy.
;wilderness explo`ratiorf. ,
This brochure was made possible
by a grant from the
PAC's Weaverbarton Shuford Memorial Wildlife Polk County Community Foundation
------- — —Sanctuary-and Norman_Wilder_Forest-are-proud-to- _
be located along the North Carolina Birding Trail
Weaverbarton
Shuford
Memorial
Wildlife Sanctuary,
"Wander along this woodland path
to commune with nature and the inner self."
Dr. Robert L. Shuford
Trail: Mai
Protected by the: •
Pacolet�Are" . Con'
. uv%vi�the� place, yo•w U
850 North Trade Street
''Tryon;NC­28782
[phone]`
e=mail: irffoC�3pacole

117

18: 4d titisjU jl l9 f it t3KLN I t-r h%ar: va
tVIATE�iIAL SAFETY DATA SHEET
Stele Chemical Division— state lWusMal pt W"
31001imiliton Avows, Cleveland, OH 44114 (2l6) g61-71 ld
I. C)f18M1CAL "MUCT AND COMPANV 1lDER'"M,ATiiON
rtodwNaoner SUPER COOL -ADZ
PIW=tbasra4d": Afirerlatcdcooli"towataeamM.
Z. COIYII'091'TiONIlNF041MATiO1V ON 1NGltID)IDY15
S1ea - &EM11falk CASkjamber
Pousainm Hydroxide 13104%.3
3rsLtY1
a 114%
Actykm TapaVws 131006.0-3
SodiestMolybdate
K 3 R%
7631•StS-0
<7.0%
3. R AZARDS 1DUfMCA3014
"a•EM jkr' NCV OVLRVxm#*"
May olum qu ad ells irritation Harmfol if swallowed.
roymm L )EREAUM EFFECTS
PylcmucC Mayaae"Irr{tatioe.
Skin Contwt; May casae skin iNjtY►pq.
Iebelatioe: mo�cauwimUNoeetdte►e.pimmytreet.
Ingestion: Harrlfolifewallowed.
d. F'111518r AID M SURES
State Ghcmiw La
1745 McMWde M., Unit (i1, Mississau g pdub M IC6 (9" 670.4669
24HonrCHQMTRQCNMber. 50042493oo
ht DS Nrarber, 017476
22 �i�W 22" n
N£ N£
sMAW 5M&W
£yeCmtaa: PWheyaaimartedtal+lywirbptentyoreeolw4wiloratto" 1Jraiwtea.lfiAltetienperwtt seekatedioQ/tpeptim, .f.
Shia COnhiT: Rush skip ltonmomMy with peaty of aM now ra 01 twat 13 fpiltetee: Ltsido! eiet`i!6 EtsjOre /EHM. tf lsri4►i�Ape►t1sb; feel[ roNioal atiaatigA,
15
balNlop: Remcve peter to i6e.h dr. Kntota tirtt>yu� if acouaery. Itinitrtioe poniser; tdeli vieltosi wtt�oon
lnaeeltor; - piiak'lvaeejariarkienefwateitod0tae.NCaKeivftaytkit>6byelotKltto�uscenieioastxater.Seekiamediueaedieelsgatdos.
S. FM RGK MG MEARM
PLahpoiat Now to twit s' point by YCC,
L me ExplotiveLimit(M): NA UPWA plosiveLiscii(Ulrl,): NA
AotaaoitionTetaperatme: NA
Fladtmable Ptoporties: Noce exp cW.
e:tiosmig ingMean: Uxgctwaoltbiobmeduspiropagerottairaudieafita
Fire Frg 0meinetruetion:: West ■Wkwn tinedbre.11irlgappreateewithtaprotectiveh:loibivg
6. ,A01011D rAt. REb,FAM ME"MIFS
Vati;Idteaea Porm►dt.%Ott (ebwit hae we,ettoeaect�iga. Forhme%oils,AkeoReroa. Covemexcel.ImattdJAwijhRhorieet.'Dotatrcmteaptyaoataiae�e: F01loWAIIFeQerat,.
State rrrd Lord ltt aiiele a rea..rlips Pratte 6sposil.
7, HANDLi[NG AND MRAGE
Avoid coatma with ryes mod skin.. Wash hands t mmigmy afterhildling. Read esd follow all heel direetioos end preeaullm carefully. Keep cootaioers frghty closed when ens is use. Do
not rents empty—taintm Do not atote below 6teclaa to "minutes. Keep owleftemb of ebitdtft.
£tigiaeetisg Ctmtrets: Rtwide aeRicient taeebstiicst ventila6oe to teaietatlt e,tpostae heipW iLV limit.
Persael Pr4tecilve E�Wptttest:
Respireso►y: NanerrarnritytegKired[fworkpltaceexpoatrelttnktstacaedeJ eNiWN•,hppnrvedsespinhsoritad+iredintheabataeeolenviroammalooatrol.
P.ye: Wew&MovedsegVg ssesotgog6luwkb *entmedsideAWds.
Skin: Wwchemitllly-tesiemstglovda.Wearlog Weevess4dlonapao.
Otker: An emergency eyewaab ele ios of tource of elms potable water sboeld be avWabk is1 ass of eeeidebtel rye cmtseL
9. >P1lt1fS1CALANDCHEMCALFROPER'iM
Appettpteei CJenr,llahtyesloW
Physieal:Stine: vAM
SohiblSitr.inwster: Cohrp,eta
6iiilipsToist:. NA
10. S AhS'Offff AND REACTIVT[Y
Odor: Mdd,
Cx:. tl.7s�r-O.z3
Ptajfl0 Gtavityr 1.07
VOC Content 0%
Stability: Static.
Itaitardossrolymerlaatim: Walnatowr.
Condition to Avoid: Avoid rnixipgwith olberebh:wiedi.
toeernpedbillty: Nono oepeeted.
HazardousDeeom►otiomProduts: Noneetpeated,

Iu:40 017.1t731q/.11
Dr%r-l1 1
M MK1COLOGICAL MORM ■ IM
1ARC /NTP /05RA: 1l�ilprodacteotttoeµpo isaredjapt et e.l•,i or �eetu therir listed its ahumo. wrebat".
Usg-r
PratH�ydva 1310 St " 36LEN
�th3(o�lrat) 179 WOM hr(tt dwiatrw.)
Actylntt TwpAuer 151006.0.5 NE NX
SodlamMolybdtlo 1631M-0 NE NE
1Z, ,CO...LQGIGAIINP�RMA jON
I& DI,SPMLGONwjgRAnONS
Av.,aa;�euseemptrcagiKa�,. PeflowAUtcaeral,StasaaeiLoedRyeltflorttredaldbldwwfettispwal.l4odaceusolddaesaetnewngrdellalavaofobs�rdouwsale.
14. IMANWIRT 1iVlFURmt noN
DOTSbippiopbete, Notte4111Wd.
CaWinTDO, Notreyolsttd
M REGUI ATMY DWORMATM
TSCA: AU ebetaicals is this product are lifted or ese,epts3ae tittfsa on ebe TSCA haoneory.
CEPA: AU chemicals, is tWo Product ne listed or cu Om llifim to thcC000d(op DSLINML.
PropositiondS: Raw nattXwo wd in IMS produce bare leeetlfie4 ft opt-uwV for the peeeeea oFveylew leveb ofbe fbAavApp CatMmis Ftopooidoo 65 ebemisad kmmwq
to the sateofCo)ilbcols to tam emir. like defat►orceher.cpotnoeve h+q: Amato (7440-3l-2).
we rase tested a tepreleetatfve unpie 01764 product for ehe preleoce of these deem)osb osd ban food eew to be proeem at above analytical deteodoo limits.
SARA313: T►kptodaetooeatiesaotoxic elleWW@ subject bthe Mot(speaputwtletrttotsadea313ofMeG>aeraaeyltaaia6led ConmeaitylRipht-To-KooMAct of
1916(40CFR372).
$MIS RATING: Health-Z F1Amt0abUhy-0 Reactivity'0 Peascmalhaectiee-b
WHIMS RATING: Ctus D, Divislon 29
16. CYI N1NKMMATM
NA -Not Ava11a111e crWOAFplioeb)e
NE. Not EstablWA
It"dOW(film aultlbaldimells""dpnwetlm%Oremabs the product. 7TteeprNeeteore I"Uvdedfor industrial iwdiattNetlea■lwaualy. NOTFORMOUSER RUSE
ORRE9A1.tE 1011POUTOFTREREACROFCRILOREN. Wbllewebdkvcthat litedata tandoodborelgkhtWetand the epiaisuexpressed amthooeoftJraliOwexports,
Ike date are not to be 4ku n a wemey or r oprosentatlsn for viNch the cowpatlry an avan lept roepwdbi ty. They an offered solely (w your consideration. Invatltoden, and
verm"Now Amy via eftbese doin end hefanast)" OUH be dens, I* d by theater 4 bein Reevrdance *kh applicable Federal, Mofeq avid Local Laws end rsp.htkftL
HEALTH AND SAFExY INFORMATION: [phone]
Cmapleted0a: Noy2o07 Replaces: Nevi CmfieledBy: Rep+larpyAf djnSpecWlst

10. 9U OV-]OJLU r Jl 1 , —w� v+
MATERIAL SAFETY AAT.A, SIMET
513ft Cleemiew Davis" — S11ke I dwaial Yroducts Sho CJlemiaat Lull.
3100 HeJUM Amue, Clevelel A OH 44114 [phone] 1745 Msyerside Dr.. Ullit MI. ?0IMBsamFe, Omrrio UT 106 [phone]
I. ClIEWALVRODUCT AND COMPANY 1911Ni MA,TION
r90" Nana F. 410 ALGAECIDE i )F.4101C ALGAECIDE %4 Hon &w8ft,ey a Nu meer
P A P4*a +: A raenuletod etps�de>ar eqe in oodles towae. MSDS Nmtw.
EPA Res rerriaa NwnDte 144t-1S0.70'f99 cam" "x1memr.
Z. COMP01117CIONII14FORMATION ON INGRXDIE M
blsodso C iauddaarbartolfn� 97.33� 0a M
POMWW20 N-Udedlyle;dlioombubiumft 13741A 10.20,E N8 NE
3. RAZMWS IDEN rWICATION
uwEMERGENCY OVERVIEW—
Camasive. Cwemeyeand ekla iultrNm. MW bebaeemU ireLtol6ed lbeou�e dda er labeled filer ei d6d irsaWowed.
POTENTIAL WALTH JLYFECU
Eye Conant: CUM rye issiadoa ared demese 1aAeenaaetiam, redaem/, -maims w@ lld* wa dgm ofamapoewe
Skin contow Cateee tkbt ittldtdam and dreeesa Mganae eldm batter itfta nd redxte ere tips ofmacwmte.
1ab"aw May r=aeeteepitaloeylretteaoa. Nawo,boukbeanddlahtesauetdpmorovw&Vomm
It rAon: Ham►ruloxrrW ileenllowed.
4. FOW AID M%ASURES
1106iu9300
113252
26156
Hove dsa Pwdaemmiaaa bebd wbh you what ceWngApoiaota aowaloeotera@ocera pains Ibrtteeftteatt
lrwttYts Hewayeopeaandriaeoeberyaad .viQtwaostrorls•2vtauttds Rcofoveemua ifjst l,.aestAa Sm�eute,,tbwooetlA*f*siagyn. Can apobm
avaad eeata of doctor fbr M eamaot advice
WON $W OR CLO IYCr Taira oQooaUieinled fi ne ekia i
ate• efoaedlt wilhplanry gf trpe tr b.15-zo manure: cu . wum coQtro► eegoer a aopa rer.aeleet advlco.
IF SWALLOW W: Cur a poiwi ool+iepl exsetaor donor hMledletdy fRatteaa4pt advise Here a petin0 tip ti dIn bfesrr Noble to ni44ow: Do cot Itlduu votovtiet; mdus told to do so
by a poison cols tdceoteradootor. Dom simaeytblai lyrmA to aalamao m ompetsat.
1R INHALED: Mow pmw to 1Tntb air. Irpm m it not lwftoins; an 911 at in embulwm, them slve WN&W see1111069% pnfldably mote@ WmrA ifpossible. Calla poism enter
oeaar a doctor Faheettaew rdviaa,
S. p1111r FIGmm 1NE.4$URR9
LL~EEttptaivrUpdX.ELk NA UpperFSeftvtLbd1(UE NA AtRaipddm7aipr aMw.. NA
FlwxwAia Pmpmt{as: Nme papectod
z%do bbAl6 Media water ft Cabot Diotdde, tbtlee, dry daoial.
Fite 1'1186da6Immuclime: war a ed&aeltflow Nwkias eppaloe wide [oil peowww' a elal>tias.
6 ACCIDENTAL RELEAR MEASURES
^�eit07Ne aces. Aloe tadooiihise glll. t} fe tebxebail to eaoovlr ttexeeled t1q tngsRr to - _ ptopet �tltat0er::Avai@islgse goNucal walaR OyOoaor6n aooasdaoccwittFadeel, St+lelmd
�:>�aidfev►aead+lpoutl. .:.., .
7. HANDLING AND $f KAGB
Handillas: Aimod is tht 106wdw use anb: Uee with edequre veaehdan. Wash d muOty afla bWhm& bo not take i mum b. Has& if ewallowed. ir'gW peodua am nm
may GWWA y1r' W rwduc Amid auact wide dd11, spot: wtodothias. Avoid lwcsV ns vepaq Do as mix with any other cim"a. fb ad tense a M w%o!ama. Do
ewe ox0minete wales food a abed by aftn ip or diepod.
Stmesr. Store (oil wait eKatiletA cod, dryown. Do twt oom to ex4m totopenum
L EXPOBUR11 CONTROLS I PERSONAL PRO BCnas
6Np6teeaio6 Caattols: the tpowg a!veal veaa'l*= to keep aepoane levels below eVosw limits.
Pomw ptotecavre 6ttulpsmet:
Raptefoty: Nmewtvaelytegtirod lfvrotkylereeaposeuelimiriseRaododnetPprwadrupintortsdvleedledteahseneeofarvlsaaamtelwnoml.
Eye: WeerWpovedsk*glamotpWaswit mpa9 adsidahidds.
Skiq: waercitmiwlyiapawawglum werbwlieavesawfoampate.
Other Aa a stallerAy e7ewalh satin a ecaaoe orders potebte wets deotdd beaveiLbks is ass of RalikaW eye t+aRact
A. PUMCAL AND CHEMICAL PROPRUTIRS
AMMOClalrct�gtp Odor SnilYr.,
physical sate: Liquid. pH " 400 ppm Ip watae 6.0 —10.0; Nest 13.0
8a wg Paint > 212'f $01tt01bb 1n Wessel , Eplb sofobfp iicoold water ketsily soluble is bol wefa. baoh►bk: io hletbmoi. hwolable in Au reole.
9pedsoQtwisr 1,11 VOCCommut 0%
It STABILITY AND REACTIVITY
Sl wty: Do eoebeet anther sw a above WC w deomwmdoemy iaovmpeKlcyepawae.
mmooi fe hlymaiastim will not Occur.
Coaditiaat to Avoid: Do EN Uds this product with wy adw cbearkde. Do met a to., , o tmpalum
lucaepadwity: $hoal adds.etr M00141128%Oomete1ve40Akstiasa,e+neadedheeftathid+0aaeeettM
ttawtdws Deoomposidam eeodutar. Cabon Disulfide Hy&vSw Solfidq Mtl6ytwm, Mtabylmadmosyaaem

1. V. NV VVJVJL V r Ji
IL '1'QW4XOCQA,I,m*vRMA-xIoN
IARC/NTP/OSHA: Thispodwcatwmnojv7edkmat03%or8sess 1wIslisted aakwxmcordsolm
1"afth - _
Polaesisu4N•MetllyldilhiorarbarHmte 137.417 661 MSU(anlrrl) 0.1 48AM
be(ftimia�na)
0+l1/1t6(ondat) 0.14=*Y42bx(dq*miamWw)
13- ECOWGIC,AI.IIYIt+ORHATION
tkdrpsodGevdosobsh Dot►osdUo6c8ee�EllyaR oo»ttir8eo/uet into ldolr.>0eu.4oMds.:ertwld,gnootorall.w�lpsi t8i1a1s a 4oaoidsnce Mnfb dotequneeseate ol:. wNi!pESPam sodeooeeaeioniuwritifttotheppm*wWwdiortiy. b0eettia mmmtoaewgriyew�+widYooeprioFmei6wttu0oFtheioaleetve�bNetoeeofjsYgeUoeotoal m�etle' by.detoirnotggytP�t;m'ilgieSLofwaNei. -
13. DISMAL CONSIDERATIONS
Rastlade wii�eeagetoaic. Do not"tetlso tmepq+.ee9taiapa. Tl�atioae aanednp' od rdlEfibrttisycJitse or fe�oondpicniesa ptapun tsiddigtoteOflq o raoiuryltaipeli. AirpoMeotirt:,.
aocndatpe 5itb fhb Padetsl, Shw, a0d Local rquM"mi4t pol uticn arks wale dbpon1.'
14. TUNSlQRT INTOBMATION
RQ Shi 2& Data:
Fo(offlon sires and m alter: CanmsOer Commodity, ORM-D.
For mum sizes; Caustic Alkali Liquid, N.O.S., (!"m dwa N-Mt*ldhWocwbarbemate, Diwdium CyanoOftmidocesbonate). 8. UN1719.111.
Canadian TDA;
For Gallon sizes and soma: a Sbippod in aeoordeuae with 49 CF)taa pan ofa rrrrsborda shipmeetaatbotiatd under Section 5.2 (1) of t6 Cam" Trntrpoz»tion cf Dongemus
Goods.
Forpnen ChusdaAlkali Liquid,N.0,$_ (FotswJum N-bft yldilbiowtxr(rart % Disodium Cyanodifiiora(doct Wwe), e, UN1719. Ili
1S. REGULATORY INFORMATION
TSCA: All inpedtet* i»"padm ass bsmd oramopt Rein t ift an *0 TSCA C be nial lorenlery,
C%PA: All loatedlena in this product ate listed or exatpt ilam Us* or the Canadian DSL"SL,
r►oporitior 65. I%v pmdaa-PWot tbo ibl mnq dto mmis do wek*" 10 dw soft ofCAUtOms to anise aalesw, *6 ddoaa w ocher vq odotpve m m:
Diwdium 139,93.2 7.35%
voC corn a 0% VOC, Prndua e:a mmy not =Uawy VAC retsdated
SARA313: 73isPl aaeatrinathelblbwia6turite RlaldsatbjouwtbefepdrEio6se�usrn+ottiad5oe8ar313OPtltatamapeayPtaww>eaadtoeawmiryRi�r.TaKmop
Act o(1986 (40CW72j
17iaodium Cysoodilidamidoomismoo 13&93.2 7.35%
Potusimstl.MstlpldidliottabatEa6tste 137.41.7 10.2%
HNSRATINO: 11RA1.TH-8 FLd1NMABILM-I RZACnYITY=I PP£=B
WHMRATWO: NotrebWaspety WHN&
16. 0TUR INFORMATION
NA- NO AvailableorNotAWlicable
NE= MYAwbW6vd
Rwd asaf Atlaw al label dleeedau and preeaodear be!►se■rbt8 •a pyaaae6 Tkbb pv wive b faMeeaeal Airy hodahid and ladfolM41 oat oily. NOT FOR HOUSEWLI3 USE OR
AXSAI.& IJOIEP OUT OF 111E UACi1 OF CR1WMKN. WibBewe b okvettlaf IMe oft t:Mabdatd bouts b Detto at fie opabas prpreseat art: Nbarr of 4us ow severe, eke
dab on not a be tr n a a w1a romy ar re/reaertaaaletl for ww& oe mw*wy assotrla kw sesponsm". They are son d ally br
wedecallm Ally age ordwe of tasd lalrralaeiae mt be teleewteed by fM now w tat !a aeasdaaca wttl, ppNatble Fadadt Anse. I ae>,teaaalderallery villa*rwea�a�
HIIAL'IH AM SAPM INFORMATION. [phone]
PAVored On: AuBpst 2008 Replaces: Augo 2005 OomplWd By: ttegutatoty Affairs

•E]
FILE COPY 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
June 11, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7002 0460 0001 9899 8146
Mr. Jason Brodsky
65 Pinebark Road
Candler, North Carolina 28715
Subject: Eagle's Rest Subdivision
DWQ Project number 07-0674
No Written Concurrence
Polk County
Dear Mr. Brodsky:
On April 16, 2007 you requested a 401 Water Quality Certification from the. Division of Water
Quality for your project.. Your application was returned on May 30, 2008. On June 6, 2008 you
faxed a copy of the US Army Corps of Engineers General Permit Verification for the subject
property. The amount of impacts associated with the project are below the written concurrence
thresholds for DWQ 401 certification. You are not required to obtain written concurrence for the
project, as long as you comply with the DWQ General .Certification number 3705 (attached). All
work must be accomplished in accordance with the conditions contained in the DWQ General
Certification 3705.
Should you have any questions, please call me at 828-296-4500.
Sincerely,
tarr Silvis, P.E.
Environmental Engineer
Enclosure: GC 3705
cc: USACE, Asheville Regulatory Field Office
Central Files
Wetlan /4UI unit
Noe Carolina
_ �tura!ly.._..
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\POLK\401s\07-0674Eagles Rest.no written concurrence.doc
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Incident Report
Report Number: 200801785
�f?
Incident Type: Complaint
Category: Surface Water
Incident Started: 06/26/2008
County: Polk
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/StatefZip
Gosnell Dr
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: Ellis Burgiss
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 06/26/08 02:30 PM Page 1

J
Cause/Observation:
Streambank being sprayed with herbicide destabilizing banks.
Sloughing into 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
Directions:
HWY 26 to exit 59 (saluda), turn left onto Howard Gap Rd. travel —1.5 mi
turn left on Gosnell Dr (gravel), —6/10 mi to grey house with dormers on
left. This is Mr Burgiss house. Call him to meet him so he can show you
the disturbance.
Comments:
I
i
i
I
• I
i
i
Conveyance:
i
i
Estimated Number of fish?
i
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
I
Event Date Due Date
2008-06-26 02:29:17
2008-06-26 02:27:00
Comment
Report Created 06/26/08 02:30 PM Page 2

d Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name
DWQ Information:
Phone
First Name M.I. Last Name Contact Date
Report Taken By: Report Entered By: Regional Contact:
Linda S Wiggs Linda S Wiggs
Phone:
Date/Time: 2008-06-26 02:29:17 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 06/26/08 02:30 PM Page 3

pS �
WA
Incident Report
rry
Report Number 20Q8016.45
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started:C_O6%06/2Q08D
Company Name:
County: Polk -
Phone:
City:
Pager/Mobile Phone: /
Farm-#:
Responsible Party:
Reported By•
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM
First/Mid/Last Name: Joe Primous
.Company Name:
Address:
City/State2ip:
Phone:
Pager/Mobile Phone:. / [phone]
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MMSS Decimal position Method:
Latitude: Position Accuracy:
Longitude: Position Datum:
Location of Incident: Ke11e C`reek_Iylr. Daniel J.Hanks _�(f
Address: L11 Kelie%;C eek=Rd;` r
City/State/Zip 7G_-a28750;�
b
Report Created .06/06/08 05:30 PM Page 1
B

Cause/Observation:
Mr. Hanks has been observed putting tree branches, chunks of
wood, rocks etc. in Keller Creek and damming it up.
Mr. Daniel J. Hanks' address:
235 Keller Creek Road
Lynn, NC 28750
Cell phone: [phone]
00
Action Taken. 0� ,�, �4�A�
O� OWO— "—
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:
1-26 E to Exit 67: to right and follow toward Tryon @ 2 miles to Hwy 108:
at yield sign bear to right & follow 108W: make left at Shufford Road
(between KFC & Tryon Bank) & go 2 miles .(Old Hwy 19): See Keller
Creek Road (gravel) on left: follow Keller Creek Road & hen cross
culvert over the creek start looking to the right at the crefk--can see
where wood/branches have been dumped in.
Comments:
Mr. Primous thinks maybe a phone call to Mr. Hanks might also help.
Mr. Primous would appreciate a call back report as to the status of the
site.
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Type Event Date Due Date Comment
Referred to Regional Office - Primary Contact
Report Entered 2008-06-06 05:20:54
Report Received 2008-06-06 04:47:00
Incident Start 2008-06-06 08:00:00
Report Created 06/06/08 05:30 PM Page '2

Idard 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:
J -
Janet Cantwell Janet Cantwell
Phone:
Date/Time: 2008-06-06 04:47:00 PM 2008-06-06 05:20:54 PM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is,needed?
Report Created 06/06/08 05:30 PM Page 3

W�,�aG
Incident Report
r
G -f
Report Number: 200801645
Incident Type: Complaint
On -Site. Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 06/06/2008
Company Name:
County: Polk
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name: Joe Primous
Permit:.
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone:
Address
Pager/Mobile Phone:. / [phone]
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS
Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Position Method:
Position Accuracy:
Position Datum:
Keller Creek: Mr. Daniel J. Hanks
235 Keller Creek Rd
Lynn NC 28750
Report Created 06/06/08 05:30 PM Page 1

Cause/Observation:
Mr. Hanks has been observed putting tree branches, chunks of
wood, rocks etc. in Keller Creek and damming it up.
F
r. Daniel J. Hanks' address:
5 Keller Creek Road
nn, NC 28750
ll phone: [phone]
_ ._'
.._.........
............ .
00
Action
Taken: _/4py�J�J-
QtA A
lu
Incident Questions:
Directions:
1-26 E to Exit 67: to right and follow toward Tryon @ 2 miles to Hwy 108:
at yield sign bear to right & follow 108W: make left at Shufford Road
(between KFC & Tryon Bank) & go 2 miles (Old Hwy 19)See Keller
Creek Road (gravel) on left: follow Keller Creek Road & qlen cross
culvert over the creek start looking to the right at the crelk--can see
where wood/branches have been dumped in.
t
Comments:
Mr. Primous thinks maybe a phone call to Mr. Hanks might also help.
Mr. Primous would appreciate a call back report as to the status of the
site.
-JS
Did the Material reach the Surface Water? Unknown Conveyance
Surface Water Name? 4-
yy�I�
Did the Spill result in a Fish Kill? --Unknown Estimated Number of fish? � ?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground) t
Containment? Unknown -
Cleanup Complete? Unknown _
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
Event Type Event Date Due Date Comment
Referred to Regional Office - Primary Contact
Report Entered 2008-06-06 05:20:54
Report Received 2008-06-06 04:47:00
Incident Start 2008-06-06 08:00:00
Report Created 06/06/08 05:30 PM Page 2
0

`I00; WAT���G Incident Report
Report Number: 200801674
Incident Type: Spill (Oil, Chemical, non -sewage) On -Site Contact:
Category: Incident First/Mid/Last Name:
Incident Started: '06/11/2008 Company Name:
County:
City:
Farm #:
Polk
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
1 _
Last Name:
Address
City/State/Zip:
Phone:
Material Category: Estimated City: UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident: Carolina Yarn Processors
Address:
City/State/Zip
Tryon
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: Ken Tucker
Company Name:
Address:
City/State/Zip: Tryon NC 28782
Phone: [phone]
Pager/Mobile Phone: /
Chemical Name Reportable City. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
�v
Tryon NC 28782
Ev
Report Created 06/1.1/08 04:48 PM Page I

Cause/Observation:
16 Oz of red dye poured into a sink that is connected to WWTP,
but sink had cracked and dye ran into a storm drain that went to
UT N Pacolet River
Action Taken:
Dye was flushed with water for approx 1.5 hours.
Incident Questions:
Did the Material reach the Surface Water? Yes
Surface Water Name? North Pacolet 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:
Comments:
Creek is mostly clear now. No dead fish observed. Written report to be
filed.
Conveyance: Storm Drain
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted : Unknown
Event Type Event Date Due Date Comment
Referred to Regional Office - Primary Contact
Report Entered 2008-06-11 04:46:25
Report Received 2008-06-11 04:40:00
Incident Start 2008-06-11 01:30:00
Report Created 06/11/08 04:48 PM Page 2

A
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:
James R Reid James R Reid James R Reid
Phone:
Date/Time: 2008-06-11 04:40:00 PM 2008-06-11 04:46:25 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 06/11/08 04:48 PM Page 3

09:35 18288599024 CYP PAGE 01/02
10'
25b JUN •7 2 .2008
'SCRIVEN' RD.
�
P.
.06
BOX 1 579 WATER QUALITY SECTION
•'TRYCN, Mt ,•28782 ASHEVILLE REGIONAL OFFICE
Tel ; ' 828%859-45891.
Fax:: [phone]..
Email: [e-mail]
Fax Ninibee:
mom
St'Llrgeni pate'senG ' (- i p� —Q 9
'G f6r,RA4levv
Q Y'leasd omment ' . Num' b4ir'd.f pages Incfu4lhg Grover paces: r]

_1 09:35 18288599024 CYP PAGE 02/02
Suitary Sewer, kmmp Station and WWT_l_'_Spill or Bypass Report Fortxt
(Please Print or Type - Use Attachments if Needed )
Pert�nittee: CAROLINA YARN PROCESSORS Permit Number: NCO048305 County: POLY,
i' Incident Started: Date 06—i 1-08 Tune 1: 30 PN Incident Ended: Date 06-11-•08 Tome _3 QO PM
Source of Spill/Bypass (Check One): p Sani Sewer Q Pump Station O Wastewater Treatment Plant X om
Level of Treatment (Check One): 10 None O Primary Treatment Q Secondary Treatment O Chlorination Only
Estimated Volume of SpiMypass: 16 OZ (A volume must be given even if it is a rough estimate.)
Did the Spill/Bypass reach the Surface Waters? IV Yes O No If yes, please list the following:
Volume Reaching Surface Waters: 16 OZ Surface Water Name: UNNAMED TRIBUTARY TO THE
Did the Spill/Bypass result in.a Fish Kill? 1O Yes C5D No NORTH PACOLET RIVER
Location of thg Spill/ ypgAs:
DRAIN SINK IN THE DRUG/DYE ROOM
S-aUSe_of the Spi11/By2M—,
DRAIN PIPE IN BASEMENT BROKE
DRAIN LINES -IN THE DRUG/DYE ROOM ARE BEING REPLACED
Action aken to ContainSVLi.1._ Clean Up Wg= and Remediate the Site: -
NONE - DYE WAS DILUTED IN STREAM
A on.Taken o�Prooq�ed to be Taken to Prevent Future SpillA -at this L ation•
WILL -HAVE MAINTENANCE CHECK BASEMENT MORE OFTEN AND HAVE DIKE BUILT TO PREVENT
SPILLS FROM REACHING DRAIN LINE TO CREEK. -
Other Agencies Notified:
Person Reporting, ypass: KEN TUQKER Phone Number: - -
Signature Date: 06-12-08
For AWQ Use Only•
Oral Report Taken by: Report Taken: Date Time
DWQ Requested an Additional Written Report: 1O Yes . O No
If Yes, What Additional Information is Needed:
SOII/Bypass•Reporting Form 3/97•

9M
Incident Type: Complaint
Category: Surface Water
Incident Started: 03/14/2008
County: CP_-olkk
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name:
Middle Name:
Last Name:
Address
City/State/Zip:
Phone:
Incident Report
Report Number: C1200800887'
A
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone:
Reported By:
First/Mid/Last Name: Christy
Company Name:
Address:
City/State/Zip:
Phone:
Pager/Mobile Phone:
Material Category: Estimated Qty: UOM Chemical Name/
-7767
DD:MM:SS Decimal Position Method:
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Position Accuracy:
Position Datum:
Polk County
5911 Big Level Rd
Mill Spring NC 28756
Report Created 03/18/08 09:17 AM
Tipton
C_o
Reportable Qty. lbs. Reportable Qty. kgs.
Page 1

Cause/Observation:
discharge of waste to pond.
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:
Comments:
Event Type Event Date
Referred to Regional Office - Primary Contact
Report Entered 2008-03-18 10:00:58
Report Received 2008-03-14 09:00:00
Incident Start 2008-03-14 08:00:00
Report Created 03/18/08 09:17 AM
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted: Unknown
Due Date
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:
Roger C Edwards Chuck Cranford
Phone:
Date/Time: 2008-03-14 09:00:00 AM 2008-03-18 10:00:58 AM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 03/18/08 09:17 AM Page 3

Page 1 of 2
Incident Incident Agencies Material Events Related Inc
Detailsl Details2 Categories
* Incident Type: jComplaint - Incident Number: 200;
* Category: , Surface Water
* Started Date/Time : 03/14/2008 08:00 am
* County : ;Polk Farm #:
Decimal DD:MM:SS
Latitude: Position Accuracy: ---Select Value ---
Longitude: Position Method: ---Select Value ---
Position Datum::, ---Select Value ---
Reporting Person: H Anonymous
First Name : Christy
Middle Name:
Last Name ::Tipton
Address :
City:
State/Zip : F
Phone :. [phone] Cell/Pager. :
Location of -the Incident : Polk County
Address: 5911 Big Level Rd
City/State/Zip: Mill Spring 128756
Cause/Observation of the incident : Directions
discharge of waste to pond.
Action Taken :
Surface Water Impacted : ;.:1 Yes 0 No �'§j Unknown
Waterbody ---Select Value---
Waterbody (Other) :
Report Received By: ? Edwards, Roger C.
Phone:
-Comments/Findings:
Water Supply Wells within 1500ft
Groundwater Impacted:
Conveyance : . ---S
RO Contact: ---S
Phone: F
Date/Time : 03/14/2008 09:00 am Date/Time
http:/ibims.enr.state.nc.us:7001/selectOneIncident.do?id=3MO5FMYGOOCAV WR4FKXH8... 4/3/2008

Cause/Observation:
discharge of waste to pond.
Action Taken:
C-;.JimR. eid=phoned-Christy Tipton, -complainant, on 4--3=08. Ms.
Tipton with`th`e-Planning Office in Polk`County-stated-that
information`s_he_-supplied was given -by -an -anonymous
I~complaina'nt_who_was•to-have-come in to -file -the -complaint but
had notd`orie so as of 4-3-08. According to Ms. Tipton, the
matterin`v to ves building -permits; the matter -has-been elevated to
action bewdEe_tn the-State•and-the'vidlator's-lawye�.
Incident Questions:
Directions:
Comments:
As information supplied by Ms. Tipton reveals that the matter is being
addressed, DWQ plans no action unless additional information reveals
the need.
Did the Material reach the Surface Water? Unknown Conveyance: .
Surface Water Name?
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
Water Supply Wells within 1500ft : Unknown Groundwater, Impacted Unknown
Event Type
Referred to Regional Office - Primary Contact
Report Entered
Report Received
Incident Start
Event Date Due Date Comment
2008-03-18 10:00:58
2008-03-14 09:00:00
2008-03-14 08:00:00
Report Created 04/03/08 01:04 PM Page 2

North Carolina
Department of Environment and North Carolina
Natural Resources FOREST Division of Forest Resources
SERVICE
NCDENR Michael F. Easley, Governor N_ Stanford M. Adams, Director
William G. Ross, Jr, Secretary 1�
I --^..:�i.7sF..'0.1iTl:LV�.'[Aiia1'tL`)A'..':ii,eaAnY.SfdX!'.�A't?ll Y.��Y;]C�^..-�;i•
220 Sardis Road [� '
Asheville, NC 28806
[phone] FAX: [phone]
E-mail address: [e-mail]
DEC - 5 2006
December 1, 2006
Division of Water Quality >: WATER QUALITY SECTION
C/O Kevin Barnett, Environmental Chemist ASHEVILLE REGIONAL OFFICE
2090 US Hwy 70 �;.`. .:.::,......,.: .
Swannanoa, NC 28778n ._. tr Imo: h+ ..Ft4:,:y€:'
Reference: Referral of non -forestry grading and drainage operation, Polk County #44
Landowner: Charles C. Greene
Dear Mr. Barnett:
Recently, I inspected a logging operation located off of Phillips Dairy Road near Pea Ridge Road for compliance with the
Forest Practices Guidelines. The site visit was a result of our normal duties. The inspection revealed that ditches had been
constructed from a culvert crossing under Phillips Dairy Road to a stream flood channel, and that this channel had been
excavated and tied into the existing stream channel. The harvest operation has been placed in temporary compliance With
regards to the Forest Practices Guidelines, pending vegetation establishment and permanent stabilization.
This ditching operation was completed separate from -the harvest operation and with the intent to divert and drain water
from a horticultural/agricultural area. This operation was completed by the landowner, Mr. Charles C. Greene, through the
use of a contractor. Mr. -Greene can be reached by phone at [phone] and his mailing address is 190 Green Road,
Inman, South Carolina 29349. The Division of Forest Resources has determined that this operation is not a forest
operation. Therefore, the forest exemption established by the Forest Practices Guidelines does not apply.
In accordance with the memorandum of understanding between the Division of Forest Resources and the Division of Water
Quality it is the responsibility of the Division of Forest Resources to inform the appropriate enforcement agency of any
operation where there may be a potential violation of North Carolina's stream laws. Enclosed is a map showing the
location of this operation.
If you have any further questions, please feel free to contact me at the District Office in Asheville at [phone].
Sincerely,
Curtis L. Jessen
Service Forester
NCDFR Asheville District Office
NC Registered Forester #1521
Enclosure: Location Map
CC: N:C. Division of Forest Resources Polk'County
N.C. Division of Water Quality, Kevin Barnett
David Amaral, District Forester
1616 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: 919 — 733-2162 \ FAX: 919 — 733-0138 \ Internet: www.dfr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED / 10% POST
CONSUMER PAPER

North Carolina
Department of Environment and
Natural Resources FOREST
al� SERVICE
NCDENR Michael F. Easley, Governor N_
William G. Ross,. Jr., Secretary 1\
220 Sardis Road
Asheville, NC 28806
[phone]
FAX: [phone]
December 1, 2006
Roger Capps Logging
C/O Roger Capps
P.O. Box 399
Zircenia NC 28790
North Carolina
Division of Forest Resources
Stanford M. Adams, Director
Reference: Harvesting Operation & Forest Practices Guidelines, Polk County, Case #44
Landowner: Charles C. Greene
Dear Mr. Capps:
I recently re -inspected the above referenced harvesting operation to ensure that the
necessary Best Management Practices (BMP's) or measures have been implemented
to address the violations of the Forest Practices Guidelines (FPG's). As noted on the
enclosed Site Re-Evaluation/Compliance Notification Form, this inspection revealed
that the necessary BMP's or measures are in place to bring this operation into
temporary compliance with these regulations.
It is important that you maintain and/or improve these practices in a manner that
continues to effectively protect water quality on this site into the future. This project
will be periodically re -inspected until permanent compliance is achieved. A final
compliance inspection will be performed in the future to check for the successful
development of permanent vegetative ground cover and to be sure that sediment is no
longer reaching the streams. Once. this ground cover has become established,. and it
is apparent that sediment•from-the logging operation. wilFno longer reach. any streams, -
this operation will then ' be placed. in final compliance. Failure to maintain corrective
action(s) can. result in immediate referral to the Division of Land Resources for
enforcement action.
As we discussed with Mr. Greene during our initial inspection, the ditching that was
done to drain the horticultural area does not fall under our jurisdiction and we are
required to refer this separate operation to. the North Carolina - Division of Water
Quality for review and possible enforcement action. This situation may result in
enforcement action due to the disturbance of and resulting sedimentation to an
existing stream channel.
1616 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: 919 — 733-2162 \ FAX: 919 — 733-0138 \ Internet: wwwAfr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER — 50% RECYCLED / 10% POST
CONSUMER PAPER

Thank you for your interest in responsible forest management. If you have any
questions, feel free to contact me at [phone].
Sincerely,
Curtis L. Jessen
Service Forester
NCDFR Asheville District Office
NC Registered Forester #1521
CC: N.C. Division of Forest Resources Polk County
---- — N.C—. Division of=lNater Gtuality, Kevin -Barnett
Charles C. Greene

SITE RE -INSPECTION / COMPLIANCE NOTIFICATION
FOREST WATER QUALITY PROGRAM
DIVISION OF FOREST RESOURCES
District:
D-1
County:
Polk
River Basin:
Broad
Tract ID
44
Latitude:
N 35-15.29
Longitude
W 82-02.62
INVOLVED PARTIES: (Name Address and Phone #) Send copies to all involved
parties
Forest Operator
Timber Buyer
Roger Capps Logging
Roger Capps Logging
C/O Roger Capps cell # 828-674-1186
C/O Roger Capps cell # 828-674-1186
P.O. Box 399
P.O. Box 399
Ziconia, NC 28790
Ziconla, NC 28790
Landowner
Consultant, Agent or Other
Charles C. Greene
190 Greene Road
Inman, SC 29349
Person(s) contacted (on site):
Your forestry operation was inspected for compliance with the Forest Practices Guidelines on �11/1 0/5 22 06 The operation was found to be
in non-compliance with these guidelines. At that time you were issued a Site Evaluation / Compliance Notification outlining the violations,
corrective actions needed, and required completion date.
Re -inspection of your forestry operation on i11/2 00/9 22 has determined that:
❑ Sufficient corrective action(s) have been taken on your forestry operation to achieve permanent compliance with the Forest Practices
Guidelines.
® Sufficient corrective action(s) have been taken on your forestry operation to achieve temporary compliance with the Forest Practices Guidelines.
Final compliance will be issued after the successful development of permanent vegetative ground cover during the successive growing season.
You must continue to monitor the operation and take whatever action(s) are needed to insure the development of a permanent vegetative
ground cover. The operation will be re -inspected no later than 01/ /11 2007 to determine if permanent ground cover has been established. Failure
to maintain corrective action(s) can result in immediate referral to the appropriate enforcement agency.
❑ Insufficient corrective action(s) have been taken on your forestry operation. Due to the continued non-compliance status of this forestry
operation, referral for enforcement action will be made to:
❑ NC Division of Land Resources, Land Quality Section ❑ NC Division of Water Quality
❑ NC Department of Agriculture, Pesticide Section ❑ NC Division of Forest Resources, Law Enforcement
❑ At this time, your forestry operation is still in non-compliance with the Forest Practices Guidelines. See below for further corrective action(s)
needed.
FURTHER CORRECTIVE ACTION(S) NEEDED:
REQUIRED COMPLETION DATE OF FURTHER CORRECTIVE ACTION(S):
❑ The items checked above refer to those areas referenced in your previous Site Evaluation / Compliance Notification
issued on 00/00/2006. However, due to continued operations, further areas have been impacted. Due to new violations of the Forest Practices
Guidelines, this tract remains in non-compliance. See the attached Site Evaluation / Compliance Notification for the new corrective action(s)
needed. Failure to correct these problems and/or further violations will result in immediate referral of the entire tract to the appropriate
regulatory agency(ies) for enforcement action(s).
Inspector's Signature: I Curtis L. Jessen, Service Forester, NCRF #1521 1
Date: 12/01/2006

N. C. Division. of Forest Resources
N
Forest -Management Map
Acreages and Boundaries are Approximate
Feet
0 500 1,000 2,000 3,000
Legend
0 Property Lines
CD Stand Boundary
Streams
Trails
•`"'• Ditching
Charles C. Greene
Polk County
N 35-15-18.51
W 82-02-13.63
Drawn by: Curtis L. Jessen
-.December 1, 2006

_ u S
�a14
r �
I&A c4
�.A,
,ass - �• � �� --- ��-
c' f,
'Tr

Mr. James R. Smith
Jim Smith & Associates, Inc.
Post Office Box 4125
Spartanburg, South Carolina 29305
Dear Mr. Smith:
Michael 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
April 23, 2007
?01k- �0
Subject: Lake Adger Complaint
Polk County, North Carolina
In response to the letter and photographs (received April 9, 2007) concerning land -
disturbing activity, a Division of Water Quality Representative visited the site on April 19,
2007. Observations revealed that a tank (ends removed) approximately 30 feet in length
and 10 feet in diameter had been installed to replace a previously damaged culvert at the
same location. An area of disturbed earth (less than one acre in size) existed near the
culvert.
During the Division of Water Quality's visit, the property owner secured and
adjusted silt fencing intended to intercept flow from the disturbed area. The owner statec
that he would install stone headwalls for the culvert. He further stated that he would sow
ground cover on the disturbed area as soon as possible. This agency will direct the
property owner to the Corps of Engineers (plus advise the Corps) for appropriate
permitting of the recently installed culvert.
The Division of Water Quality inspected the creek for a distance upstream and
downstream of the subject site. Sediment in the stream did not appear to be measurably
heavier below the culvert. Soils from the dirt road plus other land disturbing activity in the
vicinity have resulted in sediment throughout the observed length of stream.
The comments and concerns stated in the letter dated April 2, 2007 are correct.
Sediment is now the major pollutant in the State of North Carolina's surface waters.
Scrupulous enforcement of the State Land Quality Section's regulations, plus any
applicable county ordinances, along with the Corps' dredge -and -fill requirements would be
the first step in protection of surface waters. Amending and strengthening regulations may
further enhance protection. Increasing oversight through citizens reporting questionable
activities and observed problems would be encouraged. Education of the county's citizens
about sediment and erosion control and associated water quality problems could also offer
additional protections in Polk County.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone]
Customer Service
Internet: www.ncwaterquality.org FAX [phone]
877-623-6748
NorthCarolb
Natl= 41
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Mr. James Smith
April 23, 2007
Page 2
Your communicating about water quality concerns near Lake Adger is appreciated.
Please advise concerning future observations or ways in which this agency could be of
assistance.
Y tll
Sincerely,
- /C �-�.
61
James R. Reid
Environmental Engineer
Xc: Land Quality Section

OF\N_A7F
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. and. Mrs. Donald Stepp
302 Fish Hoak Lane
Mill Spring, North Carolina 28756
Dear Mr. and Mrs. Stepp:
Alan W. Klimek, P.E. Director
FwErts Di ion Water Q }ity:s
April 20, 2007
Subject: Culvert Installation
Polk County, North Carolina
This letter will confirm points discussed during the Division of Water Quality's
inspection conducted April 19, 2007. This agency's representative observed a new culvert
under the driveway to property located at number 302 Fish Hook Lane. The new culvert.
was larger in diameter.than the pipe that it replaced but was approximately the same in
length. Since the new culvert was larger in diameter; the property owner should have had
secured a permit from the United States Army Corps of Engineers (along with certification
from the Division of Water Quality) prior to installing the new culvert.
Since the Army Corps of Engineers is the Lead agency in matters concerning dredge
and fill activities (including installation of culverts), the matter'has been referred to the
Corps of Engineers for whatever action they deem appropriate.
Your cooperation in providing information is appreciated along with your agreement
to stabilize (by sowing) the disturbed earth in the vicinity, of the new culvert. Please
contact the writer at telephone number 828-296-4651 if there are questions.
------- -- --- --- -----------------=-------- ---Sincerely; =-----•--==------------=--------=—.
ZIXJames R. Reid
Environmental Engineer
Xc: US Army Corps of Engineers
NonrthCarolir
�Natur�ll�
North Carolina Division of Water Quality 2090 U.S. Highway 70 ' Swannanoa, NC 28778 Phone [phone]
Customer Service
Internet: Aww.ncwaterquality.org FAX [phone]
877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper

0� WATF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
OAl W. Klim �C P. .Director
f f a4 per. Division (Water Quality
,3, r .
April 23, 2007
Mr. Tom Walker
United States Army Corps of Engineers
151 Patton Avenue Room 208
Asheville, North Carolina 28801-5006
Subject: Citizen Complaint
Polk County, North Carolina
Dear Mr. Walker:
The Division of Water Quality investigated the complaint registered in an attached
letter (on "Lake Adger" letterhead). Also attached,. please find a copy of this agency's
letter to the property owners who replaced a culvert. Information gathered during the
investigation revealed that the property owners recently installed a replacement culvert
(larger in diameter than the preceding one but approximately equal in length). As a result
of the increased diameter, the property owner should have secured a permit prior to
installation of the new culvert. The owner stated that stonewalls would be erected to
protect the ends of the culvert and that the disturbed area near to the left of the drive would
be seeded. Sediment deposits below the recently installed culvert did not appear to be
appreciably greater than deposits above the culvert. Please take whatever action the
Corps deems appropriate.
The property owners are Mr. and Mrs. Donald Stepp, 302 Fish Hook Lane, Mill
Spring, North Carolina 28756. Mrs. Stepp's business number is 828-863-0550.
Your assistance is sincerely appreciated. Please contact me at telephone -number
828-296-4651 if additional information is required.
Sincerely,
ames R. Rei
Environmental Engineer
Attachments
NorthCarolil
_ �atarrallt
North Carolina Division of Water Quality 2090 U.S: Highway 70 Swannanoa, NC 28778 Phone [phone]
Customer Service
Internet; www.ncwaterquality.org FAX [phone]-
877-623-6748
An Equal OpportunitylAffirmative Action Employer— 50% Recycled/10% Post Consumer Paper

P
Complaint Form Date Received: 3��1ro.r
Time: , .4 /
Caller Name (optional)
Phone Number (optional) goo- 715- I5, / 2-- ynA110 a / �,�Y� 1130
County: TO /� � r7"
Address of Complaint:
Directions to complaint: j 1 3 =1v� C k Rd,
/ , mrk per. L �
�iuc�raS em is r5 k- f `-+ I
Type of complaint: BIMS Incident # Z0070 IN
WWTP Major
WWTP Minor
Collection System
401 Issues
Stream Complaint:
Muddy/Discolored
Digging in stream
Strange color/odor
Solid material in stream
0 All
Diggirig on stream bank
Removing vegetation
Storm Water:
Runoff from neighbor
Runoff to stream
Emergency Response:
Train Derailment
Motor Vehicle Accident with fuel spill
Motor Vehicle Accident with chemical spill
Liquid
Dry Bulk/Bagged
o�d

LAKEADGER
�a PR = 9 2007
- April 2, 20.07
- -- = A ` �
- - - - - P
=�Tl�ti ---
�SN
_MnRoger.Edwards
Executive Director -
No Carolina Dept. of -Environment & Natural Resources
- - -Division of Water Quality
US HNvy 70___ _ -, -
- --Swannarioa. NC 28778
Re:, Sediment CnntJV-issue, ,a'e Adore, Rqad (SR#11^38�_ -
Polk-Lounty, NC;: incident date; Tuesday, 27 March-2007 _
- -Dear —Mr. —Edwards:
= Lwn e to express_ serious concerti over -a. significant sediment control issue, as above -
referenced;- which-1 ad a negative impact on a major tributary of Lake Adger on the lake. _- - .- -.-- -
_I_ was_made_aware on the, afternoon of Tuesday, 27 March that a pipewas being installed-
_ in the cree'k.which.r..uns along the s de,of Lake -Adger Road, approxunately t mile north.-
_
of the Lake Adger.lVlarina.
= The- creek in which=a large diameter pipe was being mstalled empties' directly mto: Lake -
- -
---- Adger; m the cove between the Lake -Adger Marina -and the North Park community. ' - -
_-
- - — Clearly, the grading. acttyity whieli °occurred -deposited a large amount of sediment in this
cove, which is detrimental for obvious reasons-fto_the lake and to hoth property owners --
and members of the public who use the lake.
Enclosed with this letter_- is a series of =phogs;-wliieh-show;
!_ :A -disturbed area in a bank where -apparently -fill -material was excavated to place
-- � --_-over the -pipe being mstalled the disturbed area -appears to be greater than --I acre--
--
_ and certainly is a�very keep, -erodible type slope - --
.k� An additional picture -showing the disturbed area-
_ _ • J A photo showing the pipe which was installed, along with the disturbed area. _- ;-
_ - - Please note that the "pipe" appears to be an old fuel tank; based on -'-the vent; _ -
_- shown on: the left. side of the culvert,pipe
• _.-A-:photo of the subject :creek as it a., eared during_and;after the land disturbing-
--at :
,,-civity
- • nother photo of the creek, clearly with -a high level of sedirnerit running into
:Lake -Adger
864) 583 8150 PQ Box-412. 5 135-Metro Drive_ Spartanburg, S.C. 29305 ( Fax [phone]
--- _

For information, DOT has -two locations in which. it crosses the subject creek,,
downstream from the work location ;which is the subject of this letter. Both of"the DOT
creek crossings utilize bridges. The drainage area of this creek is significant and it is
unlikely that the pipe installed will reinain in place permanently. It may very well,
during a-25-50 year storm, -wash this pipe downstream, possibly lodge this pipe.
underneath the DOT bridge structure and/or cause significant damage to Lake Adger,
other private property owners and possibly to Lake Adger Road.
As you know; I am aware that using every best management practice available when
installing culverts to cross creeks, it is always possible that a certain amount of sediment
can escape and enter the stream. The activity outline in these photographs however,
appears that the process being utilized is substantially different than the best management
practices which you would expect under the terms of any permit which you issue and less
than workman like in character.
Lake Adger has also experienced major sediment deposits in the lake, from sediment
flowing in the Green River, as upstream development has occurred over the past several
years. We are very'interested in your thoughts concerning how to protect Lake Adger
from further sediment flowing in from the Green River as it is likely that more
development will occur upstream over the coming years.
I would appreciate your thoughts on this matter and any suggestions on how we might
undertake to protect Lake Adger from this type of activity.
wishes,
Cc: POA Directors
Lake -�Uge;- Secarity
William Beck, NCDENR
Billy Clarke, Attorney

in Polk County (RURAL) on 05/15/2006 11:47:18 AM Page 1 of 2
-.. a NC Division of Emergency Management ;
Emeraencv Renort Form (Rev 2.0)
Taken by: C TANT
Date Reported: 05/15/2006
Time Reported: 11:40 AM
Date Occurred: 05/15/2006 , IlTime
Occurred: 11:32 AM
Reported by: Michael Crader
Agency: Polk Co. EMS Supervisor
Phone: [phone]
County: Polk
City: RURAL IIEM
Area: W 15
tVtN I I YPE
Weather Event: " - HazMat Event: Hazardous Material Spill
Wx Event Name: HazMat Class: SARA
HazMat Mode: Transportation .
FNF Event:
Non-FNF Event:
SAR Event:
FNF Type:
FNF Class:
Fire Event:
OTHER EVENT:
nt:
SARA Questionnaire:
This report has been identified to involve SARA chemical type(s). Please complete the following questionnaire.
- Were any chemicals actually released to the environment?
- What is the chemical name or identity of the substance(s) involved? Chemical(s)
- Are any of these substances identified as an Extremely Hazardous Substance (EHS)?
- Are there any known or anticipated acute or chronic health risks associated with this substance(s)?
- What are the proper precautions to take as a result of a. release of this substance, including evacuation if
necessary? -
-.Ensure that the name and telephone number of the person or persons to be contacted for further information are
listed in the Point Of Contact and POC Phone fields below.
Event Description: FD, Polk Co. has requested RRT-6 for an unknown chemical leaking from a cracked tanker
truck on 126 nbl at the 66mm. FD, SHP and dot are on scene attempting to secure the scene. The material has
been identified as a flammable liquid and is producing a vapor cloud when it leaves the tanker, it is also hardening
around the crack.
Attachments: A High severity incident has ' been Updated for I-2 6 West
Bound in Polk County West of Columbus: at MM 63-59: Road Closed. The.
incident started at 5/15/2006 11:14:00 AM and is expected to end at
5/15/2006 5:00:00 PM. Vehicle Accident: Tanker leaking hazardous
materials., -
The TIMS special Alert has been updated:
Accident with Chemical Spill on I-26 in Polk County
An accident involving.a chemical spill has occurred on I-26 in Polk
County, blocking all lanes in both directions. Due to the severity of
this accident, crews are hopeful to have all.lanes open by the early
evening.hours.
DETOUR ROUTE
All I-26 east bound traffic must use US-25 South, to SC 11 East, back
to I-26 near Chesne.e, SC.
http://149.168.212.17/EM live/EMReport.NSF/730202042f2e0572852566f200127182/93... 5/15/2006

.. in Polk County (RURAL) on 05/15/2006 11:47:18 AM Page 2 of 2
All-I-26 west bound traffic must use Exit 1 in South Carolina (SC-14)
to US-176 West, to Hendersonville, NC. Traffic may access I-26 West
again in Hendersonville.
Copyright 2004 NCDOT Information Technology; New Technology
Engineering
All Rights Reserved.
1
Deaths: Injuries: Evac: I Radius:
Responsible Party: =FRP Phone:
Point Of Contact: POC Phone:
Event Location:
Latitude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may
be used.)
Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters
may be used.)
USFS Block-Sauare-Point Svstem: Block= Sauare= Point=
IRRT Request: State IIRRT Mission No.: IIRRT Team Number: 6 I
� RRT Information
COUNTY AGENCIES
LEMC: SO: PD: LFD: CHealth: Sewer: PWRK:
Other Local Agencies:
STATE AGENCIES
A/C: SHP/SWP: Env. Mgt: Water: DRP: - CAP: DOT: DMV:
Other State or Federal Agencies:
Notes: 1137 - Notified Chris at Station 2 that RRT-6 had been requested for incident in Polk Co. involving a
unknown chemical release
1138 -Danny Gee paged
1139 - Chief Cornett briefed that this was a immediate dispatch
1140 - Danny 1017 eta 45 mins
1144 - DDO Darlene briefed
1148 - RRT-6 1017 eta 1 hr
1150 - Mike was advised that Danny was responding to scene
1151 - Michael with the county advised the chemical will be Diamethyl Terphthalate, Placard # 3256 ... the
location will be 140 nr the 66 MM, WBL (1/2 the way up the grade)
1153 - No contact w/ Sec. Rudisill left message on cell
1154 - Sec. Beatty briefed
1155- Sec. Rudisill briefed
1200 Steve with Water Quality advised
1245 - Danny Gee is on the scene ... there is some debate on the chemicals. Th eclean up contractor advised it
was not a hazard, however the responsible party there is a potential for explosion.
EM Hours: SAR Hours: Call #:
http:// 149.168.212.17/EM_live/EMReport.NSF/73 0202042f2eO572852566f200127182/93... 5/15/2006

=I
p E C E � V
lI� i
I� MAY 1 5 2006 D�.
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Incident in Palls Coiinty TURAL),on 05115J20061 1:47:18 AM
NO Division of Emergency Management
Errrernennu Rp-nrnrt Pram rpdv g m
Page 1 of. 2
Taken : C TANT
Date Repotted: 05AS12006 ime Re rted; 11:40 AM
Date Occurred: 0" 5/2006
ime Occurred: 11:32 AM
Reported by,. Michael Crader
Agency: Polk Co. EMS Supervisor Phone: [phone]t58
Count : Polk
City: RURAL EM Area: W 15
atVV=NT TYPE
Weather Event: HazMat Event: Hazardous Material Spill
Wx Event Name: HazMat Class: Other
HazMat Made: Transportation
FNF Event: Nun-FNF Event: SAR Event:
FNF Type:
FNF Glass:
Who Event: Cam taint:
t]THER EVENT:
Event Dwcrlption: FO, Polk Co. has requested, RRT 6 for an unknown chemical leaking from a cracked tanker
truck on 126 nbl at the 66mm. FD, SHP and dot are on scene attempting to secure the scene. The material has
been identified as a flammable liquid and is producing a vapor cloud when It leaves the tanker, it is also hardening
around the crack.
Attachmants; A High severity incident has been Updated for 1-2.6 West
Bound in Palk County West of Columbus: at MIX 63-59: Road Closed, The
inisident started. at 5/15/2006 11:14:00 AM and is expected to end'at
S/1S/2006 5:00:00 PM. Vehicle Accident! Tanker leaking hazardous'
materials.
The TINS special Alert has been updated.
Accident with Chemical Spill on 1=26 in Polk County
.An accident involving a chemical spill has occurred on I-26 in Polk
County, blocking all lanes in both directions. Due to the severity of
this accident, crews.are hopeful to -have all lanes open by the early
evening hours.
DETOUR ROUTE
All 1-26 east bound traffic,must use TIS-25.South, to SC 11 East, back
to 1-26 near Chesnee, SC.
All 1 -26 west: bound traffic must use Exit I. in South Carolina (SC-14)
to US-116 West, to Hendersonville, NC. Traffic may access 1-26 West
again in Hendersonville.
Copyright 2004 NCDOT Information Technology; New Technology
Engineering
All Rights Reserved,.
7 7lCAd r..,nc*A17.......a'wmU1-1CA1'l. .T/lAt__CA[7CAG!lMAn�r�rrnr�rrr�nr� r .w r..�nnr
SZii-d ZDD/100'd 95a-1 -AU:1 WdHD�ZD 9DDZ-9l-DO

inciaent in Polk Count3r (RURAL) on 051151200611:4-7:18 AM Page 2 of 2
Event Location:
Latitude (decimal degrees) (NC inland range Is 33.840 - 36.688 degrees: Values outside these parameters may
be used.)
Longitude (decimal degrees) (NC inland range is 75.460 - B4.322 degrees. Values outside these parameters
may be used.)
Point =
State 11RRT Mission No.: 11RRT Team Number: 6
IP' RRT Information
COUNTY AGENCIES,
LEUQ sO: � LFI?: CHealth: DtBewen PW K:
Other Local Agencies:
STATE AGENCIES
Other State or Federal Agencies.
Notes: 1137 - Notified Chris. at Station 2 that AITf-6.had been requested for incident in Polk Ca. involving a
unknown chemical release
1136 - Danny Gee paged
1139 - Chief Cornett briefed that this was a immediate dispatch
11411- Danny 1017 eta .45 mins
1144 - DDO Darlene briefed
1148 - nRT-61017 eta 1 hr
11SO - Mike was advised that Danny was responding to scene
1151 - Michael with the county advfsed the chemical wig be Diamethyl Terphthalate, Placard # 3256 ... the
location wig be 90 nr the 65 MM, WBL (ill the way up the grade)
1153 -No contact w/ Seca Fludisili left message on call
1154 - Sec. Seatty briefed.
1155- Sec. Rudisill briefed
1200 - Steve with Water Ouality advised
1245 - Danny Gee Is on the scene ... there is same debate on the chemicals. The clean up contractor advised it
was not a hazard, however the responsible party there is a potential for explosion.
EM Hours: SAR Hours: call 0:
htrp:/1149.168.212,17/EM ]ive/Ern-Rannrt.NSF1Ali4iianr�(1dfrPISQRS'f��fPtnnt't���tin�an rrcco%nnr
US-4 ZOO800.ld 8�-1 -MOU INdU:ZO 900Z-V-90

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..,yin««..:.........:.._::'.._..,:.h...• ._.,>yuXe;`.' a._ ..
Lake Sheila Property Owner's Association, Inc.
P.O. Box 852
Saluda, NC 28773
March 23, 2006
Mr. Roy Davis
Environmental Engineer
N.C. Division of Water Quality
2090 US Hwy 70
Swannanoa, NC 28778
Dear Mr. Davis:
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
60 Starmount Drive
Asheville, NC 28806
Thank you for returning my call on March 20 regarding the Watershed questions for Lake Sheila, located in
Henderson County near Saluda, NC.
As you requested, I am enclosing a copy of a resolution dated June 15, 2005, by the Town of Tryon, NC.
This resolution regards a request to reclassify a portion of the North Pacolet River as a public water supply.
This reclassification process will be subject to the North Carolina Commission's Water Supply Watershed
Protection Rules.
In this regard, The Lake Sheila Property Owner's Association, Inc., would lice to know if this
reclassification is approved, what effect, if any, would it have on Lake Sheila and the surrounding
community.
You may contact me at [phone] or respond in writing to me at the 60 Starmount Drive address.
I appreciate your time and attention in this matter.
Sincer ,
J H, Neuse, President
LSPOA, Inc., Board of Directors

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1. Article Addressed to:
Mr. Jason Brodsky
65 Pinebark Road
Candler, North Carolina 28715
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7002.0460 00011 9899 8146
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UNITED STATES POSTAL SERVICE
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SWANNANOA NC 28778
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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 H. Carson Fisher, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL
- June 10, 2004
CERTIFIED'MAIL - 7003-1680-000&5720-2065
RETURN RECEIPT REQUESTED'
Birch Tree LLC
Mark Searcy
2526 Bobs Creek Road
Zirconia, NC 28790
Birch Tree LLC Property. - Polk County
On June 8, 2004, personnel of this office inspected a graded site located off Sandy Plains Road
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is inspection
was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act of 1973.
The inspection revealed a land -disturbing activity of approximately 25 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, NCGS § 113A-50 to 66,
and Title 15A, North Carolina Administrative Code, 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:
1. Failure to -file an acceptable 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; failure to secure this office's prior
approval of the plan for any land -disturbing prior to beginning the land -disturbing activity. and NCGS § 113A-
54(d)(4), NCGS § 1 13A-57(4) and 15A NCAC 4B.0107(c). An erosion control plan for the project has not
been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, 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.
OneR
NorthCarolina
Naturally
2.090 U.S. Hwy 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer - 56% recycled/10% post -consumer paper /
l

CORRECTIVE ACTION/NO PLAN
14. To correct these violations, you must prepare and submit for approval an erosion control plan for the site
and fully implement that plan upon its approval. In the interim pending approval of the plan, you must
immediately provide measures on site sufficient to protect adjacent property and watercourses as there is
potential for damage to occur before a plan can be prepared, reviewed, and implemented.
If the violations described in this Notice are not corrected on or before June 30, 2004, the Division of Land
Resources may take additional appropriate legal action against you pursuant to NCGS § 113A-64. That action
could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS § 113A-64(a)(1). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
Any new land -disturbing activity associated with this project should not begin until the area presently disturbed
"'" 'is'_brotigHt"into compliance with the Act. When corrective actions are complete, you should notify this office
".Z __so -that the Aork can be inspected. You should not assume that the site is in compliance with the Act until we
have`Sio-hotifed you., In addition, once compliance has been achieved, all installed measures must be satisfactorily
{im maintainet`d,.Until development is complete and the site is fully stabilized to avoid further violations of the Act.
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We solicit,yc
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r cooperation, and would like to avoid taking further enforcement action. At the same time, it
iibility to understand and comply with the requirements of the Act. Copies of the relevant statute
itive regulations may be examined at this office or will be sent to you upon request. Should you
concerning this Notice or the requirements of the Act, please contact either Bill Beck or myself
Si ceL12A�
H. Carson Fisher, P.E.
Regional Engineer
HCF/jt
Enclosures: Sedimentation Inspection Report
cc: Gray Hauser, P E., CPESC
"`erect W;e aII�P vE
NoIle Ca['olina
�tuCally
2090 U.S. Hwy 70, Swannanoa, NC 28778
Telephone [phone]. Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Case #_
NORTH CAROLZZVADEPIiRTMENT OFENVIRONMENTAAD NATURAL RESOURCES
LAND QUIILITYSECTION Interchange Bldg., 59 Woodfin Place, Asheville, NC28801 [phone] g
County f6L Project: (4 ~%� LLc. P2oP2 River Basin t] 2�A
Person Financially Responsible: 2 u M K .55AP,6y Project #
Address: % 5 7-1 � eSe> G1G . fR ' 2 (QGd u i A ICM . 7 A `74 n
1. Project Location Sllvbq PAij-S Rb Pictures: Nord' Yes ❑ Prints ❑ Slides ❑ Digital ❑ Video ❑
2. Weather and Soil Conditions LO+-�� — S��t- bAAAP
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 ❑ N9.Er If no, check violations below:
5. Violations:
,ea. 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 ❑ 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 ❑ j. Failure to maintain erosion control measures,
15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(e) 15A NCAC 413.0113
❑ 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'4B.0105
6. NPDES Permit Violation? YesZ No ❑ Describe
7. Has sedimentation damage occurred since last inspection? Yes ❑ If yes, where? (check all that apply): NoO
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) AA a Q. K 5V A 12Cti1 Title
Inspection Report given ❑ or sent ❑ to Person Financially Responsible Date given/sent 1 �1 �V
9. Corrective actions needed:
I� Sc, SSE A 5EX) I i A KJ
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10. Comments: A PP d `L ' A C efL-!S 4 ZED /S774,F86-11) A �.Q A e .SCg-y E5D 4ALI
ilA�;t �L�1�i1 E X CEPT TUIP 70AD i ;` SEAZ(7-y :l Tt4A t
L-u i Nt~ tZ Sayt iT(1 l.5 lnib�Ki r.(G n�! 1��1 t� C ,:;t1 E=o T�(cs SrT�
Report by: Others present
Date of Inspection: /� L/ Time arriving at site: Z d Time leaving site: a T U
cc:

Luther E.' Smith &Associates,
- . Land_-Planninb.4 Landscape Architecture'
' = : 121 :Third Avenue.WesfSte.1, Hendersonville; NC"28792 -_
(828):697'2307 FAX#-(828) 697y-8458
-27 October 2004
Mr. Forrest R: Westall.
Water Qiialtty Regional Supervisor
-2090 US Highway 70 -
Swannarioa, NC 28778
`Re: ;Notice.of Viola.tiori_Stream.Relocation &Wetland Standards; --
w i!D.evelopment'on White Oak Creek _ -
- - N.OV=2004 CV 000+:- -
Dear Mr. Westall_ - - -
',-,Mr. MarkSearcy has 'provided me with a _copy of yoiir letter dated 11: Octolier 2004 and has
requested. that I -provide you witl_ the enclosed information
It`is myundexstandiug_that Mr Searcy, dba Birch TYee:Development; has .contracted with Randy
$urroughs, ASLA, to address requirements for the re vegetation '£•disturbed wetland area at the
a' io Ve referenced project. Attached is u7formatio- from Mr. Burroughs outlining the work to, be.. -
- "om-and thearea wiperf,h.pnreqared Y e''to-be addressed: oPIt`is m urideYstandtn -di, — sub eci to our a royal of i . posed } lan;°of work, the iimeasures•- -
y g 1. Y pp;. p p p
defined M. the ;attachedinformat on will=be installed within the-h xt few weeks; ,
entsreahduse of aton Please contact me ifyou m, e_
-_ _
uther`E: Sxiith, RLA;ASLA,
T:uther, Smith- &Associates, PA
cc Mi. Mark Searcy
1VIr .Stilt Wennerstrom. -FR
Mr Carson Fisher_Divlsion'o€Land Resoutce's
Mr. Steve Chapin
- US Army,Corps-of _Engineers OCT, ,2 8 200.4
Mr Steve Jones, Polk County Buiidi ig Inspections _
IVIs.Joyce-Sluder,,,Polk County Health Department VNATER'G1UALiTY=SECTfON, -
j ASHEVILLE REGIONAL OFFICE `

October 14,2004
Mr. Mark Searcy
Searcy Custom Homes
2526 Bobs Creek Road
Zirconia, NC 28790
Re: White Oak Bend wetland restoration
Mark,
Using your Erosion Control Plan by Luther Smith dated 07-09-2004, 1 have
calculated the area of the wetlands to be restored as 1.45 acres.
At the recommended planting rate of-300 stems per acre this site will require
435 stems, that is, 435 plant live stakes of a minimum 1" diameter or one -gallon
woody plants. Larger plants are acceptable.
From my site visit with Craig Garren on September 2, 2004, 1 saw that the
herbaceous plants were returning to the shallow pools on their own. These
woody plants must be planted on the higher ground between the pools.
Craig and I also noticed Chinese privet, Ligustrum sinensis, growing around the
perimeter of the designated wetland. I would strongly recommend that you
remove this invasive exotic plant as soon as possible taking particular care to
destroy the seeds. This step is not required. by the Army Corps to my knowledge,
but it will make a great difference in the future appearance of this wetland area.
Privet is a strong colonizer and a heavy seeder, so removing the seed before
they disperse will save much time in controlling the plant later.
did call the Asheville office of the Army Corps of Engineers to check on their
planting requirements shortly after our site visit. My message has not been
.returned, which is understandable considering the massive damage done around
that time by tropical stones Francis and Ivan. I do'not anticipate any
disagreement with the planting plan I've recommended however.
Steve Eidson of Snow Creek Landscaping and_ I have discussed ,plant availability
and come up with the following lost. The live stakes will be available soon and
must be planted in the dormant season, late fall preferably. The rooted one -
gallon plants can be planted almost any time.
Please let me know if you have any questions.
z.-d - TOB88698Z8 w0uisiauu80 eputl ess:Go �10 92 400

Page 2
Plant list for wetland restoration at White Oak Bend:
100 — Silky Dogwood, Comus amomum Live stake
100 — Ninebark, Physocarpus opulifolius Live stake
75 — Red Chokeberry, Aronia arbutifolia 1 gallon
75 — Bog Viburnum, Viburnum cassinoides 1 gallon
50 — Swamp Rose, Rosa palustris 1 gallon
35 — Swamp Azalea, Rhododendron viscosurn 1 gallon
435 total plants
Notes:
1. The -live stakes must be freshly cut in the dormant season beginning- this.
October. Stakes should be 1' diameter by 4' long. Stakes must be driven
+/-18'into the ground with the lower stem downward. If the soil has dried hard
at the time of installation, a pilot hole should be made with a similar diameter
rod or piece of steel rebar and stakes must be watered -in.
2. All plants are to be planted on the high ground between ephemeral pools at
no less than 3' on center. Planting must uniformly cover the.entire wetland
area (see map.) Single species may be clustered in groups of 3 to 7.
3. All container plants must be watered -in at time of planting to fill air pockets in
the soil. The root ball of each plant must be planted flush with the surrounding
grade. Planting done in late spring or summer must be watered regularly in
the event of drought until plants have become established.
Randy Burroughs ASLA -
1097 Dillingham Road
Bamardsville, NC 28709
828-626-4472
[e-mail]
g-d TOBBBB9BZB w0uqsjauua0 eputl . ess:60 ib0 92 400

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DEPARTMENT OF THE ARMY Allh
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
January 27, 2005
Regulatory Division
Action ID. 200430864
Mr. Mark Searcy
Searcy Custom Homes
2526 Bobs Creek Road
Zirconia, North Carolina 28782
Dear Mr. Searcy:
EE 312005
UALITY SECTION
REGIONAL OFFICE
This letter confirms my site visit on January 19, 2005, regarding your restoration efforts for
the unauthorized side casting of fill material into wetlands associated with the ditching and draining
of approximately 2-3 acres of scrub -shrub wetlands on your property located adjacent to White Oak
Creek, on the south side of Sandy Plains Road, near Cox Store, in Polk County, North Carolina.
Based on my site inspection, all required fill material has been satisfactorily removed
from wetlands and placed into the ditch, and original elevations restored. In addition, required
plantings have been accomplished. Accordingly, no further legal or administrative action will
be taken in this matter and our file will be closed as of the date of this letter.
You are reminded that any future work in waters or wetlands on this property without
prior Department of the Army authorization would be considered a willful and intentional
violation of Federal law and may result in immediate referral of the matter to the U.S. Attorney
with recommendation for civil prosecution.
Thank you for your time and cooperation in resolving this matter of importance.
Questions or comments regarding this correspondence may be directed to the undersigned at
[phone], extension 224.
Sincerely,
Stephen D. Chapin
Regulatory Specialist
Asheville Regulatory Field Office

FA
Copies Furnished:
Mk. -Kevin .Barn- ett
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Mr. R. Carson Lee
Vista Developers LLC
525 North -Main Street—
Hendersonville, North Carolina 28792
Mr. James E. Padgett
105 Day Lilly Drive
Rutherfordton, North Carolina 28139

�J�
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 14, 2005
Mr. Carson Lee, Operations Manager
Birch Tree Development, LLC
C/O Vista Developers, LLC
525 N. Main Street
Hendersonville, NC 28792
RE: Request for Remission of Civil Penalty
Birch Tree Development, LLC
Case No. CV-2004-0005
Polk County
Dear Mr. Lee:
Alan W. HIimek, P.E. Director
Division of Water Quality
The Division of Water Quality received your request for remission of civil penalty on
January 13, 2005, with accompanying support information. Your request will be placed on the
agenda of the Director's next scheduled enforcement conference on February 2, 2005 and you
will be notified of the results.
Should you have any questions, please feel free to call me at [phone] ext. 544.
Sincerely,
2&—.f
Shelton Sullivan
NPS Assistance and Compliance Oversight Unit
cc: [Jim Reid = DWQ ��Ashev lle_Reg on4L ffice w/ Attachments', D ly (r� L5 f� Ilf f�
Kevin Barnett — DWQ Asheville Regional Office w/ Attachments L5
Enforcement File — CV-2004-0005 — 3 copies w/ Attachments
JAN 19 2005
WATER QUALITY SECTION
SHEVILLE REGIONAL.tDEFIL
North Carolina Division of Water Quality 1617 Mail Service Center 512 N. Salisbury St. Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Raleigh, NC 27699-1617 Raleigh, NC 27604 FAX [phone]
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Developers, LLC
January 11, 2005
NC DWQ
Wetlands & Storm Water Branch
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Attn: Mr. Shelton Sullivan
FPnnFZ
Subject:Assessment
of Civil Penalties
,
Riverbank Development
z
Polk County
¢:
Case No. CV-2004-0005
REMISSION REQUEST
_
Mr. Sullivan:
This shall serve as our written request for remission of the pending assessment. Included
please find the Justification for Remission Request form, the Waiver of Right to an
Administrative Hearing and supporting documentation. If you have any questions please
contact me at [phone] and forward all additional correspondence to Birch Tree
Development, LLC in care of Vista Developers, LLC, 525 N. Main Street,
Hendersonville NC, 28792.
Sin erely,
G
R. Carson Lee
On
Manager
cc: File
Mr. Forrest R. Westall
Mr. Kevin Barnett
�., sYi !ail $ ���`tone: � �x Z. lice;
; t;.5�si.
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STATE OF NORTH CAROLINA
COUNTY OF Polk
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
Birch Tree Development LLC ) STIPULATION OF FACTS
Searcy Custom Homes LLC )
CASE NO. CV-2004-0005
Having been assessed civil penalties totaling $ 9.250.00 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated December 7.2004 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the /,,Z day of 6LfV .200S
Cho
SIGNATURE
ADDRESS
C_irs0nv:`lle , tUL ��712
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: CV-2004-0005 County: Polk
Assessed Party: Birch Tree Develpoment, L.L.C.
Searcy Custom Homes, L.L.C.
Permit No. (if applicable): na Amount Assessed: $9.250.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearing and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.-S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies .(attach
additional pages as'needed).
(a) one or more of the civil penalty assessment factors in N C G S 143B-282 1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
Z(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences)
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
Z(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):
See a• a4ied

EXPLANATION FOR REMISSION REQUEST
DWQ Case Number: CV-2004-0005
When notified of violation, work was immediately halted and the, following actions
taken:
An on site meeting was conducted with a Vista (Birch Tree) representative, Mr.
Steve Chapin (Army Corps of Engineers) and Mr. Kevin Barnett (DWQ 401 specialist).
-Mr. Chapin was given full discretion without objection in defining the wetland
area, which had not previously been defined within the approximately twenty acre tract.
Vista, at great expense, surveyed the newly defined wetland area, contacted Mr.
Randy Burroughs ASLA to develop a professional plan for restoration, purchased the
required plants and completed the restoration in a timely manner. In addition, Vista
restored a ditch area as directed, defining a new stream within the tract.
Furthermore, Vista has included the area in our formal site map and will add
restrictive covenants to individual deeds for area protection.,
The restoration project has been formally "closed out" with much appreciation
from all parties involved. The following documents are enclosed for your review:
restoration plan, site pictures and closure of notice request. Our understanding is that the
formal closure'notification has been mailed as of this writing.
R. Carson Lee
Operations Manager

Luther E. Smith & Associates, P.A:.
Land Planning • LandscapeArchitecture
121 Third Avenue West Ste..1, Hendersonville, NC 28792
[phone] FAX# [phone]
27 October 2004
Mr. Forrest R. Westall
Water -Quality Regional Supervisor
2090 US Highway 70
Swannanoa, NC ' 28778
Re: Notice of Violation; Stream Relocation & Wetland Standards;
Development on White Oak Creek
NOV-2004-CV-0004
Dear Mr. Westall:
Mr. Mark Searcy has provided me with a copy of your letter dated 11 October 2004 and has
requested that I provide you with the enclosed information.
It is my. understanding that Mr. Searcy, dba Bitch Tree Development, has contracted with Randy
Burroughs, ASLA; to address requirements for the re -vegetation of disturbed wetland area at the
above referenced project Attached is information from Mr. Burroughs outlining the work to be
performed, the plantings required, and the area within the property to be addressed.
It is my understanding that, subject to your approval of the proposed plan of work, the measures
defined in the attached information will be installed within the next few weeks.
Please contact me if you have any comments regarding the proposed course of action.
Sincerely,
1
other E. Smith, RLA, ASLA, APA
Luther E. Smith & Associates, PA
cc: Mr. Mark Searcy .
v1VIr. Stig Wennerstrom
Mr. Carson Fisher - Division of Land Resources
Mr. Steve Chapin, US Army Corps of Engineers
Mr. Steve Jones, Polk County Building Inspections
Ms. Joyce.Sluder, Polk County Health Department

October 14,2004
Mr. Mark Searcy
Searcy Custom Homes
2526 Bobs Creek Road
Zirconia, NC 28790
Re: White Oak Bend wetland restoration
Mark,
Using your Erosion Control Plan by Luther Smith dated 07-09-2004, 1 have
calculated the area of the wbtlands to be restored as 1.45 acres.
At the recommended planting rate of-300 stems per acre this site will require
435 stems, that is, 435 plant live stakes of a minimum V diameter or one -gallon
woody plants. Larger plants are acceptable.
From my site visit with Craig Garren on September 2, 2004, 1 saw that the
herbaceous plants were returning to the shallow pools on their own. These
woody plants must be planted on the higher ground between the pools.
Craig and I also noticed Chinese privet, Ligustrum sinensis, growing around the
perimeter of the designated wetland. I would strongly recommend that you
remove this invasive exotic plant as soon as possible taking particular care to
destroy the seeds. This step is not required by the Army Corps to my knowledge,
but it will make a great difference in the future appearance of this wetland area.
Privet is a strong colonizer and a heavy seeder, so removing the seed before
they disperse will save much time in controlling the plant later.
I did call the Asheville office of the Army Corps of Engineers to check on their
planting requirements shortly after our site visit. My message has not been
returned, which is understandable considering the massive damage done around
that time by tropical storms Francis and Ivan. I do not anticipate any
disagreement with the planting plan I've recommended however.
Steve Eidson of Snow Creek Landscaping and I have discussed plant availability
and come up with the following list. The live stakes will be available soon and
must be planted in the dormant season, late fall preferably. The rooted one -
gallon plants can be planted almost any time.
Please let me know if you have any questions.
RannrAct
2-Cl 108886982B w0uisuauu90 epuil
eSS s 60 1;,0 92 400

Plant list for wetland restoration at White Oak Bend:
100 — Silky Dogwood, Comus amomum
Live stake
100 — Ninebark, Physocarpus opulifolius
Live stake
75 — Red Chokeberry, Aronia arbufiforia
'I gallon
75 — Bog Viburnum, Viburnum cassinoides
1 gallon
50 — Swamp Rose, Rosa palustris
1 gallon
35 — Swamp Azalea, Rhododendron viscosum
1 gallon
435 total plants
Notes:
1. The. live stakes must be freshly cut in the dommnt season beginning this.
October. Stakes should be 1' diameter by 4' long. Stakes must be driven
+/-18'into the ground with the lower stem downward. ff the soil has dried hard
at the time of installation, a pilot hole should be made with a similar diameter
rod or piece of steel rebar and stakes must be watered -in.
2. All plants are to be planted on the high ground between ephemeral pools at
no less than 3' on center. Planting must uniformly cover the entire wetland
area (see map.) Single species may be clustered in groups of 3 to 7. -
3. All container plants must be watered4n -at time of planting to fill air pockets in
the soil. The root ball of each plant must be planted flush with the surrounding
grade. Planting done in late spring or summer must be watered regularly in
the event of drought until plants have become established.
Randy Burroughs ASLA
1097 Dillingham Road
Bamardsville, NC 28709
828-626-4472
[e-mail]
E'd TOBBB6982B w0jgsjauu80 epui-1
ess : 60 �,o 02 4o0

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- . - -
ers
December 14, 2004 -
NC Division of Water Quality
2090 US 70 Hwy
Swannanoa, North Carolina 28778
Attn: Kevin Barnett
[phone]
[phone] fax
Subject: Closure of Notice, NOV-2004-CV-004
Kevin,
As required, we are requesting "Closure of Notice" for NOV-2004-CV-0004, at our
Vista @ the Riverbank (formally White Oak Bend) development along White Oak Creek,
in Polk County. As requested, I have reserved Friday morning, December 17, 2004 to
review the completed work at the site. Please contact me at [phone] with the
meeting time so I may have our site representative available. He will plan on meeting you
at the Gate House directly off Sandy Plans Road. If you have any questions, please do not
hesitate to call.
X"�",
on Lee
Operations Manager
cc: file
s.?7'S..ZI?l l%%'t HLnuL:Su11',':I�l:t .�� _ _t�i4� ps17i!Zii;: i,ti i'ti,, .:-18-2 i i , ay�4:•: w�;: ]�Lj�

D �-c lea pt rs, LLB
January 11, 2005
NC DWQ
Wetlands & Storm Water Branch
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Attn: Mr. Shelton Sullivan
Subject:
Assessment of Civil Penalties
Riverbank Development
Polk County
Case No. CV-2004-0005
REMISSION REQUEST
Mr. Sullivan:
This shall serve as our written request for remission of the pending assessment. Included
please find the Justification for Remission Request form, the Waiver of Right to an
Administrative Hearing and supporting documentation. If you have any questions please
contact me at [phone] and forward all additional correspondence to Birch Tree
Development, LLC in care of Vista Developers, LLC, 525 N. Main Street,
Hendersonville NC, 28792.
Sin erely,�
G -
R. Carson Lee
Operations Manager
cc: File
R Est R: Westall]
Mr. Kevin Barnett
D ECG[ OdE
JAN 1 3 2005
WATER QUALITY SECTION
:-• ASMEVILL6REGI MALflFEICE.`

STATE OF NORTH CAROLIi 7A
COUNTY OF Polk
LN THE MATTER OF ASSESSIvMNT
OF CIVIL PENALTIES AGALNiST
Birch Tree Development. LLC
Searcy Custom Homes. LLC
ENVIRONMENTAL MANAGEMENT
CO_INDMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. CV-2004-0005
Having been assessed civil penalties totaling S 9.250.00 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated December 7.2004 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the /,Z day of Jay) u ar\'j 20 o 5-
S IGNATURE
ADDRESS
TELEPHONE
7`1.2

JUSTIFICATION FOR REMISSION REQUEST
DK' Q Case Number: CV-2004-0005 County: Polk
Assessed Party: Birch Tree Develpoment, L.L.C.
Searcy Custom Homes, L.L.C.
Permit No. (if applicable): na Amount Assessed: $9.250.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Right to an Administrative Hearing. and Stipulation of
Facts" forto request remi
m ssion of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors Iisted below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the
eccivil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting
ltin_ from the
vio_ lation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
V (d) the violator had not been assessed civil penalties for anv previous violations:
(e) payment of the civil penalty will prevent payment for the remaining necessary_
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessarv):
See a*2c� e,=1

EXPLANATION FOR REMISSION REQUEST
DWQ Case Number: CV-2004-0005
When notified of violation, work was immediately halted and the following actions
taken:
An on site meeting was conducted with a Vista (Birch Tree) representative, Mr.
Steve Chapin (Army Corps of Engineers) and Mr. Kevin Barnett (DWQ 401 specialist).
Mr. Chapin was given full discretion without objection in defining the wetland
area, which had not previously been defined within the approximately twenty acre tract.
Vista, at great expense, surveyed the newly defined wetland area, contacted Mr.
Randy Burroughs ASLA to develop a professional plan for restoration, purchased the
required plants and completed the restoration in a timely manner. In addition, Vista
restored a ditch area as directed, defining a new stream within the tract.
Furthermore, Vista has included the area in our formal site map and will add
restrictive covenants to individual deeds for area protection.
The restoration project has been formally "closed out" with much appreciation
from all parties involved. The following documents are enclosed for your review:
restoration plan, site pictures and closure of notice request. Our understanding is that the
formal closure notification has been mailed as of this writing.
R. Carson Lee
Operations Manager

(71i .
Luther E. Smith & Associates, P.A.
Land Pla
nning Landscape Architecture
121 _Third Avenue West Ste. 1, Hendersonville, NC 28792 _
[phone] FAX# [phone]
27 October 2004
.Mr. Forrest R. Westall
Water Quality Regional Supervisor
2090 US Highway 70
Swannanoa, NC 28778
Re: Notice of Violation; Stream Relocation & Wetland Standards;
Development on White Oak Creek
NOV-2004-CV-0004
Dear Mr. Westall:
Mr. Mark Searcy has provided me with a copy of your letter dated 11 October 2004 and has
requested that I provide you with the enclosed information.
It is my understanding that Mr. Searcy, dba Birch Tree Development, has contracted with Rand
Burroughs, ASLA, to address requirements for the re -vegetation of disturbed wetland area at the
above referenced project. Attached is information from Mr. Burroughs outlining the work to be
performed, the plantings required, and the area within the property to be addressed.
It is my understanding that, subject to your approval of the proposed plan of work, the measures
defined in the attached information will be installed within the next few weeks.
Please contact me if you have any comments regarding the proposed course of action.
iJ Sincerely,
Luther E. Smith, RLA, ASLA, APA
Luther E. Smith & Associates, PA
cc: Mr. TMark Searcv
Vr. Stig Wennerstrom
Mr. Carson Fisher - Division of Land Resources
Mr. Steve Chapin, US Army Corps of Engineers
Mr. Steve Jones, Polk County Building Inspections
Ms. Joyce Sluder, Polk County Health Department

October 14,2004
Mr. Mark Searcy
Searcy Custom Homes.
2526 Bobs Creek Road
Zirconia, NC 28790
Re: White Oak Bend wetland restoration
n
Mark, 1,`�-�'`t�L
Using your Erosion Control Plan by Luther Smith dated 07-09-2004, 1 have
calculated the area of the wetlands to be restored as 1.45 acres.
At the recommended planting rate of 300 stems per acre this site will require
435 stems, that is, 435 plant live stakes of a minimum 1 n diameter or one -gallon
woody plants. Larger plants are acceptable.
From my site visit with Craig Garren on September 2, 2004, 1 saw that the
herbaceous plants were returning to the shallow pools on their own. These
woody plants must be planted on the higher ground between the pools.
Craig and I also noticed Chinese privet, Ligustrum sinensis, growing around the
perimeter of the designated wetland. I would .strongly recommend that you
remove this invasive exotic plant as soon as possible taking particular care to
destroy the seeds. This step is not required by the Army Corps to my knowledge,
but it will make a great difference in the future appearance of this wetland area.
Privet is a strong colonizer and a heavy seeder, so removing the seed before
they disperse will save much time in controlling the plant later.
I did call the Asheville office of the Army Corps of Engineers to check on their
Planting requirements shortly after our site visit. My message has not been
returned, which is understandable considering the massive damage done around
that time by tropical storms Francis and Ivan. I do not anticipate any
disagreement with the planting plan I've recommended however.
Steve Eidson of Snow Creek Landscaping and I have discussed plant availability
and come up with the following list. The live stakes will be available soon and
must be planted in the dormant season, late fall preferably. The rooted one-
galion plants can be planted almost any time.
Please let me know if you have any questions.
Ranarrfe

Page 2
Plant list for wetland restoration at White Oak Bend:
100 — Silky Dogwood, Corpus amomum
Live stake
100 — Ninebark, Physocarpus opulifolius
Live stake
75 — Red Chokeberry, Aronia arbutifolia
1 gallon
75 — Bog Viburnum, Viburnum cassinoides
1 gallon
50 — Swamp Rose, Rosa palustris
1 gallon
15- — Swamp Azalea, Rhododendron viscosum
1 gallon
435 total plants
Notes:
I. The live stakes must be freshly cut in the dormant season beginning this
October. Stakes should be V diameter by 4' long. Stakes must be driven
+/-18uinto the ground with the lower stem downward. If the soil has dried hard
at the time of installation, a pilot hole should be made with a similar diameter
rod or piece of steel rebar and stakes must be watered -in.
2. All plants are to be planted on the high ground between ephemeral pools at
no less than 3' on center. Planting must uniformly cover the entire wetland
area (see map.) Single species may be clustered in groups of 3 to 7.
3. All container plants must be watered -in at time of planting to fill air pockets in
the soil. The root ball of each plant must be planted flush with the surrounding
grade. Planting done in late spring or summer must be watered regularly in
the event of drought until plants have become established.
Randy Burroughs ASLA
1097 Dillingham Road
Bamardsville, NC 28709
828-62fi-4r72
rgburrough--,@main.nc.us

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D� el�� airs, LLC
December 14, 2004
NC Division of Water Quality
2090 US 70 Hwy
Swannanoa, North Carolina 28778
Attn: Kevin Barnett
[phone]
[phone] fax
Subject: Closure of Notice, NOV-2004-CV-004
Kevin,
As required, we are requesting "Closure of Notice" for NOV-2004-CV-0004, at our
Vista @ the Riverbank (formally White Oak Bend) development along White Oak Creek.
in Polk County. As requested, I have reserved Friday morning,, December 17, 2004 to
review the completed work at the site. Please contact me at [phone] with the
meeting time so I may have our site representative available. He will plan on meeting you
at the Gate House directly off Sandy Plans Road. If you have any questions, please do not
hesitate to call.
rRRCarson
ou,
l
Lee
Operations Manager
cc: file

K6 w �
NC DWQ
Wetlands & Storm Water Branch
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Attn: Mr. Shelton Sullivan
Subject:
Assessment of Civil Penalties
Riverbank Development
Polk County
Case No. CV-2004-0005
REMISSION REQUEST
Mr. Sullivan:
111101
D ti 1taE?r, LLB
January 11, 2005
f9bu-^kt-
This shalt serve as our written request for remission of the pending assessment. Included
please find the Justification for Remission Request form, the Waiver of Right to an
Administrative Hearing and supporting documentation. If you have any questions please
contact me at [phone] and forward all additional correspondence'to Birch Tree
Development, LLC in care of Vista Developers, LLC, 525 N. Main Street,
Hendersonville NC, 28792.
Sin erely,
G
R. Carson Lee
Operations Manager
cc: File
Mr. Forrest R. Westall
� Keviri Barneftl
p ECEE VE
JA N 13 2005
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE

STATE OF NORTH CAROLINA
COUNTY OF Polk
EN THE MATTER OF ASSESS-N.IJI-:NT
OF CIVIL PENALTIES AGADtST
Birch Tree Development. LLC
Searcy Custom Homes. LLC
ENVIRONMENTAL MANAGEMENT
CO-! C-MISSION
WAIVER OF RIGHT TO AN
AD_IIIN TISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. CV-200^—..-0005
Having been assessed civil penalties totaling S 9.250.00 for
violation(s) as set forth.in the assessment document of the Director of the Division of Water Quality
dated December 7, ?nn4 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the /,Z day of Jay)u cjur�,/ .20 0 S
SIGNATURE
ADDRESS
i[t
TELEPHONE
fit- 6�?__ '2YGo

JUSTIFICATION FOR REMISSION REQUEST
D`VQ Case Number: CV-2004-0005 Countv• Poly
Assessed Party: Birch Tree Develpoment, L.L.C.
Searcy Custom Homes, L.L.C.
Permit No. (if applicable): na Amount Assessed: $9.250.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Rizht to an Administrative Hearing. and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remssion is Iimited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
Z(b) the violator promptly abated continuing environmental damage re sultan_ from the
vio= (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
Z(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessarv):
See a` ,LarL ed -

EXPLANATION FOR REMISSION REQUEST
DWQ Case Number: CV-2004-0005
When notified of violation, work was immediately halted and the following actions
taken:
An on site meeting was conducted with a Vista (Birch Tree) representative, Mr.
Steve Chapin (Army Corps of Engineers) and Mr. Kevin Barnett (DWQ 401 specialist).
Mr. Chapin was given full discretion without objection in defining the wetland
area, which had not previously been defined within the approximately twenty acre tract.
Vista, at great expense, surveyed the newly defined wetland area, contacted Mr.
Randy Burroughs ASLA to develop a professional plan for restoration, purchased the
required plants and completed the restoration in a timely manner. In addition, Vista
restored a ditch area as directed, defining a new stream within the tract.
Furthermore, Vista has included the area in our formal site map and will add
restrictive covenants to individual deeds for area protection.
The restoration project has been formally "closed out" with much appreciation
from all parties involved. The following documents are enclosed for your review:
restoration plan, site pictures and closure of notice request. Our understanding is that the
formal closure notification has been mailed as of this writing.
R. Carson Lee
Operations Manager

Luther E. Smith & Associates, :P.A.
Land Planning • Landscape"Architecture
121 Third Avenue West Ste. 1, Hendersonville, NC 28792
[phone] FAX# [phone]
27 October 2004
Mr. Forrest R Westall
Water -Quality Regional Supervisor
2090 US Highway 70
Swannanoa, NC 28778
Re: Notice of Violation; Stream Relocation & Wetland Standards;
Development on White Oak Creek
N OV-2004-CV-0004
Dear Mr. Westall:
Nfr. Mark Searcy has provided me with a copy of your letter dated 11 October 2004 and has
requested that I provide you with the enclosed information.
It is my understanding that Mr. Searcy, dba Birch Tree Development, has contracted with Randy
Burroughs, ASIA, to address requirements for the re -vegetation of disturbed wetland area at the
above referenced project. Attached is information from Mr. Burroughs outlining the work to be
performed, the plantings required, and the area within the property to be addressed.
It is my understanding that, subject to your approval of the proposed plan of work, the measures
defined in the attached information will be installed within the nest few weeks.
Please contact me if you have any comments regarding the proposed course of action.
Sincerely,
G2_1414�5_z
Luther E. Smith, RLA, ASIA, APA
Luther E. Smith & Associates, PA
cc: Mr. Mark Searcy
�Ir. Stig Wennerstrom
Mr. Carson Fisher - Division of Land Resources
Mr. Steve Chapin, US Army Corps of Engineers
Mr. Steve Jones, Polk County Building Inspections
Ms. Joyce Sluder, Polk County Health Department

October 14,2004
Mr. Mark Searcy`
Searcy Custom Homes
2526 Bobs Creek Road
Zirconia, NC 28790 iZ- l C) ( , 7-v
Re: White Oak Bend wetland restoration U* 4,
Mark,
Using your Erosion Control Plan by Luther Smith dated 07-09-2004, 1 have
calculated the area of the wetlands to be restored as 1.45 acres.
At the recommended planting rate of 300 stems per acre this site will require
435 stems, that is, 435 plant live stakes of a minimum 1" diameter or one -gallon
woody plants. Larger plants are acceptable.
From my site visit with Craig Garren on September 2, 2004, 1 saw that the
herbaceous plants were returning to the shallow pools on their own. These
woody plants must be planted on the higher ground between the pools.
Craig and I also noticed Chinese privet, Ligustrum sinensis, growing around the
perimeter of the designated wetiand. I would .strongly recommend that you
remove this invasive exotic plant as soon as possible taking particular care to
destroy the seeds. This step is not required by the Army Corps to my knowledge,
but it will make a great difference in the future appearance of this wetland area.
Privet is a strong colonizer and a heavy seeder, so removing the seed before
they disperse will save much time in controlling the plant later.
I did call the Asheville office of the Army Corps of Engineers to check on their
planting requirements shortly after our site visit. My message has not been
returned, which is understandable considering the massive damage done around
that time by tropical storms Francis and Ivan. I do not anticipate any
disagreement with the planting plan I've recommended however.
Steve Eidson of Snow Creek Landscaping and I have discussed plant availability
and come up with the following list. The live stakes will be available soon and
must be planted in the dormant season, late fall preferably. The rooted one -
gallon plants can be planted almost any time.
Please let me know if you have any questions.
RAnnrric

Page 2
Plant list for wetland restoration at White Oak Bend:
100 — Silky Dogwood, Cornus amomum
Live stake
100 — Ninebark, Physocarpus opulifolius
Live stake
75 — Red Chokeberry, Amnia arbulifolia
1 gallon
75 — Bog Viburnum, Viburnum cassinoides
1 gallon
50 — Swamp Rose, Rosa palustris
1 gallon
25- — Swamp Azalea, Rhododendron viscosum
1 gallon
435 total plants
Notes:
1. The live stakes must be freshly cut in the dormant season beginning this
October. Stakes should be V diameter by 4' long. Stakes must be driven
+1-18uinto the ground with the louver stem downward. If the soil has dried hard
at the time of installation, a pilot hole should be made with a similar diameter
rod or piece of steel rebar and stakes must be watered -in.
2. All plants are to be planted on the high ground between ephemeral pools at
no less than 3' on center. Planting must uniformly cover the entire wetland
area (see map.) Single species may be clustered in groups. of 3 to 7.
3. All container plants must be watered -in at time of planting to fill air pockets in
the soil. The root ball of each plant must be planted flush with the surrounding
grade. Planting done in late spring or summer must be watered regularly in
the event of drought until plants have become established.
Randy Burroughs ASLA
1097 Dillingham Road
Bernardsville, NC 28709
82M26-4472
[e-mail]

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December 14, 2004
NC Division of Water Quality
2090 US 70 Hwy
Swannanoa, North Carolina 28778
Attn: Kevin Barnett
[phone]
[phone] fax
Subject: Closure of Notice, NOV-2004-CV-004
Kevin.
As required, we are requesting "Closure of Notice" for NOV-2004-CV-0004, at our
Vista @ the Riverbank (formally White Oak Bend) development along White Oak Creek.
in Polk County. As requested, I have reserved Friday morning, December 17, 2004 to
review the completed work at the site. Please contact me at [phone] with the
meeting time so I may have our site representative available. He will plan on meeting you
at the Gate House directly off Sandy Plans Road. If you have any questions, please do not
hesitate to call.
Tha ou,
R. Carson Lee
Operations Manager
cc: file

O� W A TFR
Mic ael F. Easle iGovernor
Q y
illiam G:�1Ross Jr., Secretary
oz J
l North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 13, 2005
Birch Tree Development, LLC
Stig Wennerstrom
2730 SW 3rd Avenue
Suite 800
Miami, FL 33129
Searcy Custom Homes, LLC
Mark Searcy
2526 Bob Cree Road
Zirconia, NC 28790
White Oak Bend
N OV-2004-CV-0004
Subject: . Resolution to Wetlands Violation
Case Number. CV-2004-0005
Polk County
Dear Mr. Wennerstrom and Mr. Searcy:
As discussed on previous occasions, in order for the Division of Water Quality to close out this
violation site, the following items must be completed:
• The "restored" wetland area must be delineated, surveyed and mapped.
• The wetland and jurisdictional waters map must be submitted to the US Army Corps of
Engineers Asheville Regulatory Field Office for verification and "sign off."
• A copy of the "signed -off' map must be submitted to this office.
• As this wetland was mapped as part of the North Carolina Natural Heritage Programs wetland
mapping program, the Natural Heritage Program must be contacted to determine if that
program needs to re -identify this wetland area. They can be contacted at:
North Carolina Natural Heritage Program
1601 Mail Service Center
Raleigh, NC 27699-1601.
Restrictive Covenants and / or Conservation Easements must be placed on all jurisdictional
waters in order to protect them from further impact / development. It should be noted that no
private lots should include these jurisdictional waters.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778
Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
NorthCarolina
Xatumlik
Phone [phone] Customer Service
FAX [phone]

White Oak Bend
Resolution to Notice of Violation
Page 2.
Upon submission of data supporting that the above items have been met, the Division of Water
Quality will consider this matter resolved. Should you have any further questions, please do not
hesitate to contact me at either Kevin. [e-mail] or at 828-296-4657.
Sincerely,
Kevin H. Barnett
Environmental Chemist
cc: Mr. Steve Chapin, US Army Corps of Engineers
Mrs. Cathy Ruth, Polk County Community Development
Mr. Danny Smith, Wetlands and Stormwater Branch — NPS Compliance Oversight Unit

Dec 14 04 02:34p Vista DeaeloppersLLC
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Attn: Kevin Barnett
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[phone]
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[phone] fax
Subject: Closure of Notice, NOV 2004-C"04 We4l,,ds
Kevin,
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As required, we are requesting "Closure of Notice°' for NOV 2004-CV-0004, at our
Vista @ the Riverbank (formally'4Vhite Oak Bend) development along White Oak Creels
in Polk County. As requested, I have reserved Friday morning, December 17, 2004 to
review the completed work at the site. Please contact me at [phone] with the
meeting time so I may have our site representative available_ He will plan on meeting you
at the Gate House directly off Sandy Plans Road. Tf you have any questions, please do not
hesitate to call_
Than u,
R Carson Lee
Operations Manager
cc: file
_;..'.1:'-.E.:l.c El..2.lc.-. i'(.:i.i :'+t. _ • .i•... .;`%_, ;: --e`.� • �_?'.{;.: .`'•!

S Southern
S Soil
B I Builders, Inc.
November 08, 2001
Roger Edwards
NCDENR
Asheville Regional Office
958 Hoots Road Roaring River, NC 28669
[phone] • Fax [phone]
Reference: Dennis Key Munty(Zo/&)
on Bi Level Road
Southern Soil Builders, Inc.
Permit No. WQ0002770 -Mill Spring, NC
Dear Mr. Edwards:
On November 06, 200Mounty.
45 AM the operator informed me about a spill
on Big Level Road in I contacted the Asheville Regional
Office at 9:15 AM on the same day and reported the incident to Mr jeed_ Ke; '
I arrived on the scene at 12:15 PM. You and Kevin Barnett were inspecting
the site when I arrived. You had called the DOT and ordered sand to be
spread on the site.
After you left we inspected the valves on the discharge and found rocks and
trash in both valve seats. This material matched the material that had got
caught in the valve located at Lake Lure WWTP. Therefore, this substance
caused the leak.
We decided to shut down the blower system in the holding tank when we
- - _ are loading so the debris would settle -to _the. bottom and not be pumped into
the truck.
This has solved the problem. We have not had anymore leaks or problems.
If you need anything else, please contact me.
Sincerely,
i - -
j' NOV - 9 2001

t- v�
6-uo-v A--

`.fly Michael F. Easley, Governor
Y
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W: Klimek, P.E. Director
Division of Water Ouality
nary 9, 2005.
Mr. Carson Lee, Operations Manager
Birch .Tree Development, LLC-
C/O Vista Developers; LLC
525 N. Main Street
Hendersonville, NC 28792
RE: Request for Remission of Civil Penalty
Birch Tree Development, LLC
Case . CV-2004-0005 .
� Polk _County"— — C
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
gc.D,EpT. air �s!>'i Lii
r
FEB 1 0 2005
Dear Mr. Lee:
In accordance with North Carolina General Statute 143-215.6A(f), I considered the
information you submitted in support of your request for remission and -did not fmd grounds to
modify the civil penalty assessment of $9,250.00.
There are two options available to you. You -may choose to payhe� penalty or you may
let the Environmental Management Commission's Committee on Civil Penalty Remissions make
the final decision on your remission request.
If you choose to pay the penalty, please make your check payable to the Department of .
Environment and Natural Resources (DENR). Send the payment within thirty (30) days of your ,
receipt of this letter to. the attention of:
Mr. Shelton Sullivan
NC Division of Water Quality - NPSAssistance & Compliance -Oversight . Unit
1617 Mail Service Center
Raleigh, North Carolina-. 27699-1617
If payment is not received within 30 days from your receipt of this letter, your request for
remission, with supporting documents and the recommendation to deny the request will be
delivered to the Committee on Civil Penalty_ Remissions for final agency decision. �p
L.J
UN 1 5 2005
t-
WATER QUALITY SECTION
i G Pr-GIONAL OFRC
North Carolina Division of Water Quality 1617 Mail Service Center 512 N. Salisbury St. Phone T919) 733-7015 Customer Service
Internet: h2o.enr.state.nc.us Raleigh, NC..27699-1617 Raleigh, NC 27604 . FAX [phone]
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

Incident in Polk County (COLUMBUS) on 06/02/2005 05:56:32 PM
Page 1 of 1
: J Peters
Occurred: 06/02/2005
orted by: Sandra Halford
nty: Polk
NC Division of Emergency Management
Emergencv Report Form (Rev 2.0)
ate Reported: 06/02/2005
me Occurred: 05:40 PM
ency: Polk Co EM
v: COLUMBUS
EVENT TYPE
Weather Event: jHazMat Event: Oil/Petroleum Spill
Wx Event Name: jHazMat Class: Petroleum
HazMat Mode: Transportation
me Reported: 05:54 PM
one: 828-894-3067
Area: W 15
FNF Event:
Non-FNF Event:
SAR Event:
FNF Type:
FNF Class:
Event:
ER EVENT:
LComplaint:
Event Description: Truck overturned in a stream spilling an unknown amount of diesel fuel, motor oil and anti -freeze. Name of
stream is unknown at this time. Requesting to talk to someone from DWQ.
Attachments:
Event Location: White Oak Mountain, Columbus, NC
Latitude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may be used.)
Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.)
USFS Block -Square -Point Svstem: Block= Sauare= Point=
IIRRT Request: No . IIRRT Mission No.: IIRRT Team Number: II
COUNTY AGENCIES
LEMC: Y SO: ]IPD: LFD: CHealth: Sewer: PWRK:
Other Local Agencies:
STATE AGENCIES
SHP/SWP: IlEnv. Mgt: Water: DRP: CAP: DOT: DMV:
Other State or Federal Agencies:
Notes: 1743 - DWQ paged.
1945 - Debra Gore (DWQ) briefed and transferred to S. Halford.
EM Hours:
SAR Hours:
Call #:
http://149.168.212.17/EM live/EMReport.NSF/b66533df2a86c40b852566e1007f74ld/0636a5al276bfbc5... 6/6/2005

Incident in Polk County (COLUMBUS) on 06/03/2005 10:19:27 AM
Page 1 of 1
ken bv: C Tant
Date Occurred: 06/02/2
Reported by: Tony Kob
Countv: Polk
ether Event:
Event Name:
FNF Event:
FNF Type:
FNF Class:
ire Event:
,THER EVENT:
NC Division of Emergency Management
Emergency Report Form (Rev 2.0)
Reported: 06/03/2005
e Occurred: 04:30 PM
ncy:,Info Track
: COLUMBUS
EVENT TYPE
HaiMat Event: Diesel Fuel
HazMat Class: Petroleum
HazMat Mode: Transportation
Non-FNF Event:
Complaint:
: 10:17 AM
Phone: [phone]
EM Area: W 15
SAR Event:
Event Description: A Lowe's delivery truck overturned due to the driver running off the road onto the shoulder, recent heavy rains
made the shoulder of the road soft and the truck overturned releasing 40-50 gallons of diesel fuel. FD on,,scene applied
absorbents to contained the fuel. The truck was uprighted and Lowe's contracted a clean up company. No water sources were
affected.
Attachments:
Event Location: Skyuka Mountain Road
Latitude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may be used.)
Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters may be used.)
USFS Bloc k-Sa uare-Poi nt Svstem: Block= Sauare= Point=
IIRRT Request: No ' IIRRT Mission No.: - IIRRT Team Number: II
COUNTY AGENCIES
LEMC: SO: ]IPD: LFD: Y CHealth: Sewer: PWRK:
Other Local Agencies: Local DOT
STATE AGENCIES
SHP/SWP: Y JlEnv. Mgt: Water: DRP: CAP: DOT: DMV:
Other State or Federal Agencies:
Notes:
EM Hours: SAR Hours: Call #: .
http://149.168.212.171EM livelEMReport.NSF/b66533df2a86c4Ob852566e1007f74ldlab543101bbdf9563... 6/6/2005

Incident in Polk County (OTHER (SEE EVENT LOCATION)) on 09/02/2004 12:02:17 P... Page 1 of 1
NC Division of Emergency Management
Emergency Report Form (Rev 2.0).
Taken by: K Patterson jDate Reported: 09/02/2004 JjTime Reported: 11:58 AM
Date Occurred: 09/02/2004 ITime Occurred: 08:00 AM
Reported by: Steve Hodges Aaencv: Duke Power
RJR-F.r,7_7��q
County: Polk
City: OTHER (SEE EVENT
M Area: W 15
Ir
LOCATION)
. 7
EVENT TYPE
Weather Event: HazMat Event: Oil/Petroleum Spill.
Wx Event Name: HazMat Class: Petroleum
I�HazMat Mode: Fixed Facilitv
FNF Event:
Non-FNF Event:
SAR Event:
FNF Type:
FNF Class:
Fire Event:
OTHER EVENT:
lComplaint:
Event Description: Duke Power's Cliffside Steam Station experienced a electrical failure shutting down the
pumps spilling less than a pint of oil that created a sheen on the Broad River. Due to the small quantity, there was
no clean up.
Attachments:
Event Location: 573.Duke Power Rd., Cliffside, NC
Latitude (decimal degrees ) (NC inland range is 33.840 - 36.588 degrees. Values outside these parameters may
be used.)
Longitude (decimal degrees) (NC inland range is 75.460 - 84.322 degrees. Values outside these parameters
may be Used.)
USFS Block-Sauare-Point Svstem: Block= Sauare= Point=
JJRRT Request:.No JJRRT Mission No.: 11RRT Team Number: 11
COUNTY AGENCIES
LEMC: SO: Pp: LFD:. CHealth: . Sewer: PWRK:
Other Local Agencies:
STATE AGENCIES
SHP/SWP: IjEnv. Mgt: Water: DRP: CAP: DOT: DMV:
Other State or Federal Agencies:
Notes:
EM Hours: SAR Hours: Call #:
http://l49.168.212.171EM livelENMeport.NSF/b66533df2a86c4Ob852566elOO7f74ldl9cic... 9/2/2004

ruin►; u'rsu uuuu d ld dens
J C_ _
T4A
NCDENR
2090 U.S. Highway
PHILLIP-I�T'EAGON
WHITE OAK DEVELOP
60 WALKER STREET
COLUMBUS NC 28722
mR
FILE
Michael F. Easley,.Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Asheville Regional Office
ATER QUALITY SECTION
White Oak.Developernent Partners, LLC
60 Walker Street
Columbus, NC 28722
Dear Mr. Feagon:
June 30, 2004
SUBJECT: ,Notice-of_V.Iolation-and
-Recommendation for_Enfor_ce.ment,
Stream_Relocation_an.d_Wetland Standards
,.�White_Oak_P_la ntation
NOVv2Q04 _QV_0005
NCGS § 143—215.1(a)(10)
Polk County
On' April 25, 2004-, Mr. Kevin Barnett of my staff inspected. property, registered to �W__hite Oak
Developement_P_ar_tner_s,_LLC„located_off Sandy_P_lains Roo_ d, in j?olk_County, This investigation
revealed that violations of the state wetlands standards have occurred (NCGS 143-215.1(a)(6) and
15A NCAC 02B ..0231).
You must perform the following in order to bring this project back into compliance with the NC
General Statutes and Administrative Code:
• This wetland draining activity (ditching adjacent to, and within the wetland) may require a Water
Quality certification. (15A NCAC-02H .0501(c)(1))
• Any impacts to existing wetlands ,requiring a Water Quality certification, and any cumulative
impacts over 1/3d acre, will require mitigation. (15A NCAC 02H .0506(h)(1))
• You must utilize all appropriate sediment and erosion control measures to preserve water quality
at p repo nstru ction conditions on the. site.
• 15A NCAC 0413 .0125 requires a 25' buffer off of any Trout stream from any construction activity.
You must contact the state Division of Land Quality (828-251-6208) to address the clearing
activity within these buffers.
I
2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone [phone] Fax [phone] Customer Service 1-877.623-6748

i
White Oak Developement Partners, LLC
Notice of Violation and Recommendation for Enforcement
Page 2.
You have ten (10) -calendar days from receipt of this notice to submit to my attention, a plan for
bringing this site into compliance with all state rules and regulations. This plan must include a time
line for the submission of the appropriate applications for the above mentioned items. Failure
comply may subject you to, further civil penalties of up to $25,000.00 per day, per incident, as per
N.C.G.S. 143-251.1(a).
Additionally, by copy of this Notice of Violation, the Division of Water Quality is hereby requesting
that all building permits for the subject project be held until such a time that this site is brought back
into compliance with all applicable state rules and regulations.
If you have any questions, you may contact Mr. Kevin Barnett kevin.barnettC&-ncmail'.net or either at
828.296.4500.
Sincerely,
Forrest R. Westall,
Water Quality Regional Supervisor
cc: Mr. Carson Fisher, Division of Land Resources.
Polk County Building Inspections Office
Polk County Health Department
Mr. Steve Chapin, US Army Corps of Engineers
2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone [phone] Fax [phone] Customer Service 1-877-623-6748

CLEARWATER -ENVIRONMENTAL CONSULTANTS, INC.
June 28, 2004. .-
Mr. Scott McLendon
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
.151 Patton Ave., Room 208
Asheville;NC 28801
Re: USACE Action -ID. 200430864
Wetland Restoration Plan
White Oak. Plantation
Polk County, North Carolina
Dear Mr. McLendon:
In compliance with White Oak Partners, LLC agreement with the United State Army
Corps bf, Engineers, the restoration measures for the approximately 15-acre wetland
located on White Oak Plantation and adjacent to White Oak Creek in Polk County; N.C.
have been completed. , Personnel from Clearwater Environmental Consultants, Inc.
(CEC) were present on -site during restoration activities.
The impacted area included an approximately 15-acre wetland adjacent to White Oak
Creek centrally located on White Oak Plantation property. As discussed in our May 24,
20041etter, three drainage ditches were excavated and the dredged material was side -cast
into the wetland areas.
Following site meetings and written correspondence with the USACE, restoration work
was implemented on, June _34, 2004. Ditch side -cast material previously placed into
jurisdictional areas has been removed 'by'refilling the ditches. The ditches and'disturbed
areas within the wetland have been restored to original grade (See Attached Pictures).
Water levels within the affected wetland were observed rising immediately following the
restoration activities, and.standing water was visible within one day of the completion of
work. The site was inspected by Mr. Steve Chapin on June 24, 2004. CEC expects.
hydrology to return to normal and volunteer wetland plants to re-establish themselves in
disturbed areas shortly.
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Phone:828-698-,9800 Fax:[phone]
www.cwenv.com

Mr. Scott McLendon
June 28, 2004
Page 2 of 2
Again, White Oak Partners, LLC appreciates ,your assistance in this matter. If you should
have any questions, please feel free to contact myself at (828) . 698-9800 or Patrick
Kinsella at [phone].
Sincerely,
12. go�<__ I
R. Clement Riddle, P.W.S.
Principal
Attachments: Photographs
cc: Mr. Forrest Westall, Ms. Becky Fox
Division of Water Quality U.S. Environmental Protection Agency
NC Department of Environment and Natural 'Resources 13,49 Firefly Road
2090 U.S. Highway 70 Whittier, North Carolina 28789
Swannanoa, North Carolina 28778
Mr. Brian Cole, USFWS
US Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Mr. Bill Beck, NCDLR
Division of Land Resources
NC Department of Environment and Natural Resources
2090 U.S. Highway-70
Swannanoa, North Carolina 28778
Mr. Ronald I Mikulak, Chief
Wetlands Section -Region IV
Water Management Division
US Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Mr. Patrick Kinsella,
White Oak Partners, LLC
Mr. Mark Calloway, U.S. Attorney
Western District of North Carolina
Suite 1700, Carillon Building
227 West Trade Street
Charlotte, North Carolina 28801

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Center Ditch April 27, 2004- Before Restoration
Center Ditch June 4, 2004- After Restoration

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June 5, 2004- Wetland Recharge After Restoration
,ice •�_ , '-';��"� �•;�`�.
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June 5, 2004- Wetland Recharge in Beaver Pond After Restoration

CLEARWATER ENVIRONMENTAL CONSULTANTS9 INC.
D �C.EIV E
May-2.4, 2004
Mr. Scott McLendon MAY 2'
US Army Corps of Engineers
Asheville Regulatory Office WATER ClUALiTY SE OFFICE
151 Patton Avenue, Room 208 ASHEVILLE REGIONAL FICE
Asheville, NC 28801
Re: Wetland Restoration Activities
_ White Oak Plantation
Polk County, NC - - - -
Dear Mr., McLendon:
We appreciate the US Army Corps of Engineers (USAGE) .site visits to White Oak Plantation .
(Figure 1) in Polk County, North Carolina on Monday, April 26 and Friday, April 30, 2004 to discuss
construction activities at the site and wetlands/waters of the U.S. This letter is in response to these
meetings and the subsequent letter from the US,Army Corps of Engineers dated May 12, 2004 that
describes the placement of fill material mto junsdictional•wetlands aiid-requires restoration activities.
Following the April 26,'. 2004 ' meeting, the- wetland areas weredelineated.- by_ G1earWater
Environmental Consultants, Inc.(CEC). Mr. Steve Chapin, USACE, visited the site on April 30; " -
2004 to -verify the location of . the wetland/upland boundary . and:, observe the location for the
restoration activities.
The violation. consisted of -the placement of fill material in the: wetland area associated with three
ditches (Figure 2) along the southwestern edge .ofthe wetland. The wetland restoration plan requires
White Oak Partners; LLC to fill the three existing ditches to original grade (Figure 2) with upland-
_ _ soil obtained from'the existing- spoil-, piles . along the, ditch edges. If .additional fill material is
required to restore -the ditelies-, then suitAle'scitwiltbe obtained from other on-site"upland areas.- The backfilling of ditches will include the wetland areas and a portion of the upland areas. This
activity will remove the fill impacts and restore the natural hydrology of the wetland area. CEC staff
will be. present on -site in order to supervise the wetland restoration activity:
The ditch areas within the wetland that are filled will be restored to the original'grade joining the
surrounding. wetland. Following the filling of the existing ditches, the exposed mineral soil in the
uplands willbe covered:with straw in order to prevent erosion and sediment damage to the adjacent
224 South Grove Street,.Sulte F -
Hendersonville North Carolina 287.92.. .
Phone:.[phone]-, Fax.[phone]
WWW.a#Ei 1V.COM

wetland and White Oak Creek. We expect the exposed wetland and upland areas to naturalize
quickly due to the surrounding dense vegetation. The wetland hydrology and plant community
should return to normal as the existing. stream flow recharges the wetland hydrology to normal
conditions:
Upon, completion of the restoration activities, CE will submit an as -built report with pictures of the
site and the restoration activities conducted. All restoration activities. and the final reportwill be
submitted to you by -June 30, 2004. CEC anticipates that the restoration activities conducted will be
acceptable to the USACE and that this incident will be resolved.
Again, White Oak Partners, LLC appreciates your assistance in this matter. If you should have any
questions, please feel free to contact myself at (82$) 698-9800 or Patrick Kinsella at [phone].
Sincerely, -
i
R. Clement Riddle, P.W.S. {
Principal t
cc: Mr. Forrest Westall,
Division of Water Quality
i
i
NC Department of Environment and Natural Resources
2090 U.S. Highway 70
Swannanoa, North Carolina 28778 j
Ms. Becky Fox,
U.S. Environmental Protection Agency .
1349 Firefly Road
r
Whittier, North Carolina 28789
1
Mr. Brian Cole, USFWS
L7S Fish and.Wildlife Service
-160 Zill coA' Street _
Asheville, North Carolina 28801
Mr. Bill Beck, NCDLR .
Division of Land Resources
NC Department of Environment and Natural Resources
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Mr. Mark Calloway,
.U.S. Attorney
Western District of North Carolina

j
i
f
Suite 1700, Carillon Building
227 West Trade Street
Charlotte, North Carolina 28801
Mr, Ronald J. Mikulak, Chief
Wetlands Section -Region IV
Water Management Division
US Environmental Protection Agency.
61 Forsyth Street, SW
Atlanta, GA 3 03 03
J

82004,000' W 82003,000' W WGS84 82002,000' Val
82104.000' W 82003.000' W
MN TN 0 S 1 MILE
6' 000 FEET 0 5MM IODD METERS
Map created with TOPO10 @2003 Natiornal Geo hic (www.nationaltgeograp
CLEARWAIM -
WHITE OAK PLANTATION Environmental Consultants, Inc.
POLK COUNTY, N.C. 224 South Grove Street, Suite F
Hendersonville, NC 28792
828-698-9800
WCS84 82002.000'
USGS TOPOGRAPHIC MAP
FIGURE 1
In

ty
���- •r �\.\��:- zaa' o iao' Sao' aoc
i inch e 200 It.
APPROXNAATE
• APPPDXMATE LIMITS OF—
• LIMITS OF WETLAND \\\ ✓ '\ _��
WETLAND DITCH 'A' �= _
UPLAND \UPLA
n ��� �• ,� a' •� ,d �„� ,�`' � w.s w . I DITCH 'C'
DITCH
PROPOSED \ \
DITCH FILL NOTE, The illustrated wetland and stream locations are approxkrwte. These tress
have been flagged In the field however, they have not been surveyed Althougit
ClearWater 5wironmental Consultants. Inc. Is Confident In our assessment. the US
NOTE- LIMITS OF
Amry Corps of Engineers, is the oNy agency that can make firm decisions regarding
WETLAND WERE NOT jurisdictional wetland/Waters of the US. delineations, therefore, dt prelimnary ��• �'�� \ ,
FIELD VERIFIED AT determinations are subject to change until written verification la obtained. Unill / \ y \ 116 \
TI-E TIME OF THIS veritication Is received from the Corps, no reliance may be made In the preliminary
EXHIBIT. determination ClecrWater Environmental Consuitmts. Inc. strongly recommends that ; , \ ��\�ti\\\\\ \� a• _ \ s
wrlHen vert0callon be obtained prior to closing on the property, begUWrtA am site
work Or nnokinp any legd relionco On this deterrnnolion _
i
Clearwater 91 May 2004
Environmental Consultants. Inc. o Wetland Restoration Plan
224 South Grove Street, Suite F 38 Garfield Street. Suite C
Hendersonville, NC28792 Asheville, NC 28803 White. Oak Plantation
V:828-698-9800 V: 828.281.1447 F: 828.281.1449
F:82B-698-9003 www.Landl)esirn.com

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Pb BOX 1890
WILMINGTON NC 28402-1890
May 12, 2004
Regulatory Division
Action ID. 200430864
Mr. Patrick Kinsella
White Oak Plantation, LLC
265.9 Sandy Plains Road
Tryon, North Carolina 28782
Dear Mr. Kinsella:
DECEE VE
MAY 1 4 2004
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Please reference your April 26, 2004 on -site meeting with Mr. Steve Chapin, Mr. Scott
McLendon, and Ms. Rebekah Newton of my Asheville Regulatory Field Office, Mr. Marty Kocot
of LandDesign, Inc., and Mr. Clement Riddle of Clearwater Environmental Consultants, on your
property adjacent to White Oak Creek, on the west side of Sandy Plains Road, near Cox Store, in
Polk County, North Carolina. The purpose of this meeting was to inspect the property for the
presence of jurisdictional waters and wetlands and to determine if .excavated or fill material had
been deposited into waters or wetlandsduring construction of drainage ditches.
Based upon our site inspection, it was determined that approximately 22-acres of forested
wetlands have been adversely affected by the construction of ditches and subsequent deposition
of fill material into wetlands. The purpose of the work, as you described, was to facilitate
drainage within the wetland. area to facilitate construction of a golf course and residential
community. A review of.our files indicates that a-Departmerit of the Army (DA) Permit has not
been issued to you for work. of this nature. In this regard, your work, conducted in wetlands of
the United States without prior approval of this office in the form of Department of the Army
(DA): permit. is a violation of.Section 301 of the Clean Water Act (33 USC 1311).
As you agreed, you should cease -and desist from any`further work in waters -of the United
States arid.to submit a detailed written restoration plan to. restore hydrology
nwithin the affected
wetlads. This be" this office Within.30 days of your receipt=of this letter.
Failure: to, comply with: this directive may result in referral to the United States Attorney with
a. recommendation ,for..civil prosecution.

7 K
�J 1
-2-
If there are questions, contact Mr. Steve Chapin, in my Asheville Regulatory Field Office, at
[phone], extension 224.
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Copies Furnished: - - - -- - - - - -- -- - - -- - — - -- - --- - - _ _ ----- ---
Mr. Mark T. Calloway
United States Attorney
Western District of North Carolina
Suite 1700, Carillon Building
227 West Trade Street
Charlotte, North Carolina 28202
Mr. Brian Cole
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Mr. Ronald J.. Mikulak, Chief
Wetlands Section -Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Bill Beck
Division of Land Resources
N.C. Department of Environment
and Natural Resources
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Forrest Westall
Division of Water Quality
N.C. Department of Environment
and Natural Resources
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Ms. Becky.Fox
U. S. Environmental Protection Agency
13.49 Firefly Road
Whittier, North Carolina 28789
Mr. Clement Riddle
ClearWater Environmental Consultants
224 South Grove Street; Suite F
Hendersonville, North Carolina 28792

.!y _
pCCcE
" , A - - APR 1 9.
r NCDENR_
ATER QUALITY SECTION
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND ATAI ILRESS 11cE
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
James D. Simons, P.G., P.E. Director c H. Carson Fisher, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION. CONTROL ACT
April 19;, 2004
CERTIFIED MAIL - 7003-1680-0002-1293-5308
RETURN RECEIPT REQUESTED
Mike Savage.
White Oak Development Partners, LLC
C/O Philip R. Fagen, Attorney
P.O. Box 309-
Columbus, NC 28722
W iite b0_ak Plantation - P(ft Coun
�_
On April 15, 2004, personnel of this office inspected grading located off Sandy Plains, Road. This inspection
was performed to determine compliance with the North -Carolina Sedimentation Pollution Control Act of 1973.
The -inspection revealed a land -disturbing activity of approximately 4 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, NCGS § 1 13A-50 to 66,
and -Title 15A, North Carolina Administrative'Code, 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 acceptable 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; failure to secure this. office's prior
approval of the plan for any land -disturbing prior, to beginning the land -disturbing activity. ,and NCGS § 1 13A-
54(d)(4), NCGS § 1 13A-57(4) and 15A NCAC 4B.0007(c). An erosion control plan for the project has not
been submitted to thisoffice.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, 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
Nose hCaroiina
vah(rallff
2090 U.S. Hwy 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet:' www.enr.state.nc,us/ENR
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and
erosidnNcon&oI 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. NCGS § 1 13A-57(3). No
sedimentation and erosion control devices or structures have been installed to retain sediment within the
boundaries of the tract under development.
Failure to take all reasonable measures to protect all public and private property from damage by such land -
disturbing activities. 15A NCAC'4B.0105. Offsite damage has occurred due to sediment washing into White
Oak Creek and a tributary to White Oak Creek and road ditches along Sandy Plains Road.
Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 1 l 3A-57(1). Sediment from the site has entered White Oak Creek and a tributary to White
Oak Creek.
CORRECTIVE ACTION/NO PLAN
To correct these violations, you must prepare and submit for approval an erosion control plan for the site and
fully implement that plan upon its approval. In the interim pending approval of the plan, you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
An initial one -day civil penalty could be an assessment of up to $5,000.00. A time period for compliance is
not required for this initial one -day civil penalty pursuant to NCGS 1 13A-61.1(c) and NCGS 1 13A064(a) (1).
Such an initial one -day civil penalty is being considered for this project.
If the violations described in this Notice are not corrected on or before May 6, 2004, the Division of Land
Resources may take additional appropriate legal action against you pursuant to NCGS § 1 13A-64. That action
could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS § 113A-64(a)(1). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
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 the work can be inspected. You should not assume that the site is in compliance with the Act until we
have so notified you. In addition, once compliance has been achieved, all installed measures must be satisfactorily
maintained until development is complete and the site is fully stabilized to avoid further violations of the Act.
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 regulations 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 Bill Beck or myself
at 828-296-4500.
Nne
orthCarolina
Naturally
2090 U.S. Hwy 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer- 50% recycled/]0% post -consumer paper

Sin ,
H. Carson Fisher, P.E.
Regional Engineer
HCF/jt
Enclosures: Sedimentation Inspection Report
CC: Gray Hauser, P.E., CPESC
Forrest Westall, P.E.

Case #
4
NORTH CAROLZNADEPARTMENT OFENVIRONMENTAND NATURAL RESOURCES
QOLk LAND QUALZTYSECTIO� Interchange Bldg., 59 Woodfzn Place, Asheville, NC28801(828) 251-6208
County `'�'� � k'�� 1=' Project: W kiit DAB 02-,Q Arl b River Basin QToA N
Person Finanfpally Responsible: N i A bEUL L. A 2 -WG'R 5 PA(kg- AUA Project #
Address: G/ "> f2gtLt i� z • r&G9C it rrV. 01� 3 0q C10L-LXM&tC • ZZ`17-2 .
1. Project Location .5.i --wl Flu-j o s 1:22�, Pictures: No Or
Yesg
2. Weather and Soil Conditions e-' -c5^A R - Sd I VG-
3. Is site currently under notice of violation? Yes ❑ No;A
4. Is the site in compliance with the S.P.C.A. and the rules?
Yes ❑
5. Violations:
A a. 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)
e. Insufficient measures to retain, sediment on site, G.S.113A-57(3)
❑ k.
�'f. Failure to take all reasonable measures, 15A NCAC 4B.0105
6. NPDES Permit Violation? Yes ❑ No ❑ Describe IAOA
—sA1
Prints ❑ Slides ❑ Digitald Video ❑
No A 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 4B.0113
Other (describe)
7. Has sedimentation damage occurred einee4ast inspeeti n? Yes.0 If yes, where? (check all that apply): No ❑
Lake/natural watercourse on the traco Lake/natural watercourse off the tract ❑ Other property ❑
Description:
Degree of damage: Slight Moderate ❑ Se ere ❑
8. Contact made with (Name) FA ( 105- LE'VJI<, C: 4-.6 4eA 1�1 s.1G Title
Inspection Report given ❑ or send to Person Financially Responsible Date given/sent IA/ A/[U
9. Corrective actions needed:
D 5v11StA t-r AtrL
prr/o5 F-op- 11-E--)(rSlu.'C3ED AIZ, s A1Cr1?Ai�tc,�I
-2)
10. Comments: lkU'2-6 -T';� d a AC- • YA-� UE5
I AJ r Zo v ,' ee�
arll:�
Report by: Others present
Date of Inspection: `7' - J /12 � Time arriving at site: Time leaving site:
cc:

AT,,�IIWL
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. Richard D. Moore, Acting Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
November 4, 2003
CERTIFIED MAIL - 7003 0500 0000 9389 1142
RETURN RECEIPT REQUESTED
Larry Edwards
3200 East Highway 108
Columbus, NC 28722
EDWARDS PROPERTY/POLK-2004-003/BROAD RIVER BASIN
On November 3, 2003, personnel of this office inspected the Larry Edwards property located off of Highway
108 in Polk County. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act. of 1973. The inspection revealed a land -disturbing activity of
approximately 1 + 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, NCGS § 113A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
1. Failure to file an acceptable 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; failure to secure this
office's prior approval of the plan for any land -disturbing prior to beginning the land -disturbing activity.
and NCGS § 113A-54(d)(4), NCGS § 113A-57(4) and 15A NCAC 4B.0007(c). An erosion control
plan for the project has not been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan,
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.
2. Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 4B.0105.
NOV-6M
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone].& 828/251-6098 Internet: www
An Equal Opportunity/Affirmative Action Employer - 50% recvcled/10% post-coi

Larry Edwards
November 4, 2003
Page 2
3. Failure to provide along trout waters an undisturbed 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 the greater width. NCGS § 113A-57(1) and
15A NCAC.0025(b). A buffer zone of less than 25 feet was provided along an unnamed tributary
to the Pacolet River.
To correct these violations, you must prepare and submit for approval an erosion control plan for the site and
fully implement that plan upon its approval. In the interim pending approval of the plan, you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
If the violations described in this Notice are not corrected on or before December 3, 2003, the Division of
Land Resources may take additional appropriate legal action against you pursuant to NCGS § l l 3A-64. That
action could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS § 113A-64(a)(l ). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
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 the work can be inspected. You should not assume that the site is in compliance with the Act until we
have so notified you. In addition, once compliance has been achieved, all installed measures must be
satisfactorily maintained until development is complete and the site is fully stabilized to avoid further violations
of the Act.
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 regulations 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 (ext.
#257) or me (ext. #220) at 828/251-6208.
Sincer ,
Richard D. Moore
Acting Regional Engineer
RDM:RMA:a
Enclosures
copy: ;Gray H-auser.,'R.t , CPESC
"Forrest"Westall;I.E.

SEDIMENTATION INSPECTION REPORT
Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALHYSECTION.•Interchange Bldg., 59 Woodfin Place, Asheville, NC 28801 [phone]
County%zaw Project: River Basin
Person Financially Responsible: s/ Project #
1. Project Location ,e w Zj Pictures: No W07�les ❑
2. Weather and Soil Conditions ew/�Bi/W 46 .S
3. Is site currently under notice of violation? Yes 0. No
4. Is the site in compliance with the S.P.C.A. and the rules? Yes ❑
5. Vilations:
UV-d' No approved plan, G.S. 113A-57(4) and 15A NCAC 413.0007(c)
❑ b. Failure to follow approved plan, G.S. 113A-61.1
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A NCAC 4B.0018(a)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A NCAC 413.0007(b) or 15A NCAC 413.0024(e)
❑ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
Q• "Failure to take all reasonable measures, 15A NCAC 413.0005
6. NPDES Permit Violation? Yes ❑ No ❑ Describe
Prints ❑ Slides ❑ Digital ❑ Video ❑
No no, check violations below:
inadequate buffer zone, G.S. 113A-57(1)
❑ h. Graded slopes and fills too steep, G.S. 113A-57(2)
or 15A NCAC 4B.0024 (d)
❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ j. Failure to maintain erosion control measures,
15A NCAC 4B.0013
❑ k. Other(describe)
7. Has sedimentation damage occurred since last inspectionT Yes ❑ 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)E
Moderate ❑ Severe ❑
Inspection Report given ❑ or sent lj/to Person
9. Corrective actions needed:
i
[to]
Responsible
Time arriving at site: og5W Time leaving site: ^&
FAr
cc: . 1 5

A47LA
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 Mike Goodson, Acting Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
December 23, 2004 MASH
Q
CERTIFIED MAIL - 7004-1350-0001-6624-7732
RETURN RECEIPT REQUESTED
Larry Edwards
3200 East Hwy 108
Columbus, NC 28722
RE: Edwards Property - Polk County
On December 22, 2004, personnel of this office inspected a logging operation located of NC 108 west of
Columbus, North Carolina. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of
approximately 8 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, NCGS § 1 13A-50 to 66,
and Title 15A, North Carolina Administrative Code, 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 acceptable 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; failure to secure this office's prior
approval of the plan for any land -disturbing prior to beginning the land -disturbing activity. and NCGS § 1 13A-
54(d)(4), NCGS § 1 13A-57(4) and 15A NCAC 413.0107(c). An erosion control plan for the project has not
been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, 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.
Nne
orthCarolina
Naturally
2090 U.S. Hwy 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 1 13A-57(1). Sediment from the site has entered a creek traversing the site.
To correct these violations, you must prepare and submit for approval an erosion control plan for the site and
fully implement that plan upon its approval. In the interim pending approval of the plan, you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
If the violations described in this Notice are not corrected on or before January 31, 2005, the Division of Land
Resources may take additional appropriate legal action against you pursuant to NCGS § 113A-64. That action
could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS § 1 13A-64(a)(1). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
f Any new land -disturbing activity associated with this project should not begin until the area presently disturbed
-'rs- brought into compliance with the Act. When corrective actions are complete, Pyou should notify this office
so that the work can be inspected. You should not assume that the site is in compliance with the Act until we
i have;so notified you. In addition, once compliance has been achieved, all installed measures must be satisfactorily
�- maintained -until development is complete and the site is fully stabilized to avoid further violations of the Act.
c,: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 regulations 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 Mr. Bill Beck or
myself at 828-296-4500.
Sincerely,
Mike Goodson, CPESC
Acting Regional Engineer
MG/jt
Enclosures: Sedimentation Inspection Report
CC: Gray Hauser, P.E., CPESC
Forrest Westall, P.E.
NorthCarolina
;Vaturally
2090 U.S. Hwy 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Case #
NORTH CAROLINADEPARTMENT OFENVIRONMENTAND NATURAL RESOURCES
LAND QUALITYSECTION.-2090 U.S. Hwy. 70, Swannanoa, NC28778 [phone]
County f %a L—(L Project: 57� Inl A Z River Basin 620D
Person Financ*all Responsible: L A 2 V r�fl I -1A D � __ Proiect # P1 / A
Address: ��y eA-5 %/�✓
1. Project Location C 1 U ✓ Pictures: No/d
Yes ❑ Prints ❑ Slides ❑ Digital ❑ Video ❑
2. Weather and Soil Conditions P C - So I L L7 .a\)
Yes ❑ NgA
3. Is site currently under notice of violation?
4. Is the site in compliance with the S.P.C.A. and the rules?
Yes ❑ Nog If no, check violations below:
5. Violations:
,® a. No approved plan, G.S.113A-57(4) and 15A NCAC 4B.0107(c)
,9g. Inadequate buffer zone, G.S.113A-57(1)
❑ b. 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
❑ j. Failure to maintain erosion control measures,
15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(e)
15A NCAC 4B.0113
❑ e. Insufficient measures to retain sediment on site, G.S.113A-57(3)
❑ k. Other (describe)
❑ f. Failure to take all reasonable mea5ures,15A NCAC 4B.0105
S5ig6. NPDES Permit Violation? YesNo ❑ Describe
7. Has sedimentation damage occurred since-6&t4nspeetion? Yes
Z If yes, where? (check all that apply): No ❑
Lake/natural watercourse on the tract Lake/natural
watercourse off the tract ❑ Other property ❑
Description: 1 :;�1' 1 d s' '
Degree of damage: Slightjr� Moderate ❑ Severe ❑
S. Contact made with (Name) L.* 2 QV !° D' RZ) 5
Title
Inspection Report given ❑ or sent ❑ to Person Financially Responsible
Date given/sent te/) 0 I.
9. Corrective actions needed:
i� �u�p t i ,/-ice CS�b< (b �J �t [ o � - cr l-� o a 5e5
Z) A g r (_(2 C 4LL- BA e A �EA&f 0R � Q `�� 4 eOflf l' ')
10. Comments
A Pk &?A � _y DF7_C-2 U'J
UUCP( 5eL
Report by:
Others present ed &"Z!6 — M • (:;60_i>5d"J
Date of Inspection: Time arriving at site: c i s U V Time leaving site: Z
cc:
White Copy to File
Yellow Copy to Owner
Pink Copy to Environmental Technician
7/0-4

JUN 16
NCDENRWATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
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 H. Carson Fisher, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
-June 15, 2004
CERTIFIED MAIL 7003-1680-0006-5729-2089
RETURN RECEIPT REQUESTED
Charlie Brown
Mountain View Services, Inc.
P.O. Box 473
Tryon, NC 28782
RE: Mountain View Services Inc., Proper Polk County
On June 8, 2004, personnel of this office inspected a graded site off Industrial Park_ Drive. This inspection was
performed to determine compliance with the North Carolina Sedimentation Pollution Control Act of 1973. The
inspection revealed a land -disturbing activity.of approximately 3 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, NCGS § 113A-50 to 66,
and Title 15A, North Carolina Administrative Code, 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:
1. Failure to file an acceptable 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; failure to secure this office's prior
approval of the plan for any land -disturbing prior to beginning the land- disturbing activity. and, NCGS § 113A-
54(d) (4), NCGS § 1 13A-57(4) and 15A NCAC 4B.0I 07(c). An'erosion control plan for the project has not
been submitted to this office.
An acceptable erosion and 'sedimentation control, plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, 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.
Nne
orthCarolina
Naturally
2090 U.S; Hwy-70, Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Fau't on'trt"a• lrcr.j br g.
than one acre, when more than one acre is uncovered, to install sedimentation and
ergs ion control devices'suf, cient to retain the sediment generated by the land -disturbing activity within the
`—_ boun�ariesTof�IRA tract du ing construction upon and development of the tract. NCGS § 1 13A-57(3).
P 4 Insufficient sedimentation a, d erosion control devices or structures have been installed to retain sediment within
'.-the, boundaries-ies-,of-the_kract nder development.
­7:7Failure to-take-all..re'ason ble measures to protect all public and private property from damage by such land -
disturbing activities. 15A NCAC 4B.0105. Offsite damage has occurred due to sediment washing into a creek.
8. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 1 13A-57(1). Sediment from the site has entered a creek adjoining the site.
CORRECTIVE ACTION/NO PLAN
14. To correct these violations, you must prepare and submit for approval an erosion control plan for the site
and fully implement that plan upon its approval. In the interim pending approval of the plan, you must
immediately provide measures on site sufficient to protect adjacent property and watercourses as there is
potential for damage to occur before a plan can be prepared, reviewed, and implemented.
If the violations described in this Notice are not corrected on or before July 6, 2004, the Division of Land
Resources may take additional appropriate legal action against you pursuant to NCGS § 113A-64. That action
could be the assessment of additional civil penalties and may result in the initiation of other remedies as
prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to
$5,000.00 per day for each day of the violation pursuant to NCGS § 1 13A-64(a) (1). If all violations are
corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be
pursued.
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 the work can be inspected. You should not assume that the site is in compliance with the Act until we
have so notified you. In addition, once compliance has been achieved, all installed measures must be satisfactorily
maintained until development is complete and the site is fully stabilized to avoid further violations of the Act.
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 regulations 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 Mr. Bill Beck or
myself at 828-296-4500.
HCF/jt
Sin ,
A
H. Carson Fisher, P.E.
Regional Engineer
Nose hCarolina
irtura!!y
2090 U.S. Hwy 70, Swannanoa, NC 28778
Telephone [phone] Fax [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Enclosures: Sedimentation Inspection Report
CC: Gray Hauser, P.E., CPESC
Forrest Westall, P.E.

Case #
NORTH CAROLINA DEPARTMENT OFENYIRONMENTAND NATURAL RESOURCES
LAND QUALITYSECTION In1te/rchange Bldg., 59 Woodfin Place, Asheville, NC28801 [phone]
County L k - Project: 111 V l i V � _'� au 1,--6S I Li • f�OPMt � River Basin
Person Financiall Responsible: ItitT t.� 1/! / 519Ct 5 / 9AP-LL zow Project #
Address: o .'96"L 'l ---,? -re S/ o a , 0, C 2_ 9,11 R Z
1. Project Location (►I e) - 164 e!✓ ED • Pictures: Nod
Yes ❑
2. Weather and Soil Conditions C U> — 64 - So 1 c- Vi &_T
3. Is site currently under notice of violation? Yes ❑ NoO
4. Is the site in compliance with the S.P.C.A. and the rules?
Yes ❑
5. Violations:
..Za. No approved plan, G.S.113A-57(4) and 15A NCAC 4B.0107(c)
,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)
,.Eye. Insufficient measures to retain*sediment on site, G.S.113A-57(3)
❑ k.
,r7f. Failure to take all reasonable measures, 15A NCAC 4B.0105
f'n4`NPDES Permit Violation? Yes.0 No ❑ Describe
Prints ❑ Slides ❑ Digital ❑ Video ❑
No 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 4B.0113
Other (describe)
7. Has sedimentation damage occurred since last inspection? YesZ If yes, where? (check all that apply): No ❑
Lake/natu watercourse on the tract ElLake/natural watercourse off the tract Other property ❑
Description: t f a1S S-
Degree of damage:. SlighvEr Moderate ❑ .Severe ❑
8. Contact made with (Name) AZ6 r.l Title
Inspection Report given ❑ or sent ❑ to Person Financially Responsible Date given/sent litl ; IJO
9. Corrective actions needed:
�> SL"'G ; AJ9 5g:D')'&C-73�J I A ►! b CZ0510.1 QTT-R, o(-- Fe- 'A _' o Tet i :5
aFf=rC� rve A��2��Aa� -- `i I(9 �c-.�ti� 1���c�T co►j-rAi.-I A 5L-oP
5raf31L, vS+< G � inn �E I -�`�(�- FlLL 5��R 5 Aq
S-rA R( C�- —
91kC__s5AEY ?`a C6A!TAi,�1 ��a1wEiiT �'lti�� t2�t rti
10. Comments: 9PF2u.L • S A C r eA D £ PLP550 e M COY RA-9
VA S q C'b ion> A F l'o�A_ 4-':Z05ro u1 /'c..6► C, t ECG' DaviI A9V-rnA;7►7
Report by: Others present
Date of Inspection: Time arriving at site: 4 b Time leaving site:
cc:

A74LA.
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
Charles H. Gardner, P.G., P.E. Director Richard A. Phillips, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF .THE
SEDIMENTATION POLLUTION CONTROL ACT
April 18, 2002
CERTIFIED MAIL - 7000 0600 0025 1233 5499
RETURN RECEIPT REQUESTED
Paul at Eugenia Turner
2113 Veterans Drive
Augusta, GA 30909
TURNER PROPERTY/POLK-2002-00 5/B ROAD RIVER BASIN
On April 10, 2002, personnel of this office inspected a land -grading operation located off of Green River Cove
Road in Polk County. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of
approximately 2.5 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, NCGS § 113A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
1. Failure to file an acceptable 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; failure to secure this
office's prior approval of the plan for any land -disturbing prior to beginning the land -disturbing activity.
and NCGS § 113A-54(d) (4), NCGS § 113A-57(4) and 15A NCAC 4B.0007(c). An erosion control
plan for the project has not been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan,
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.
2. 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. NCGS § 113A-57(3). Insufficient sedimentation and erosion control devices or structures have
been installed to retain sediment within the boundaries of the tract under development.
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone] & 828/251-6098 Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Paul 8t Eugenia Turner
April 18, 2002
Page 2
3. Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 4B.0005. Offsite damage has occurred due to sediment
washing into the Green River.
4. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 113A-57(1). Sediment from the site has entered the Green River
adjoining the site.
To correct these violations, you must prepare and submit for approval an erosion control plan for the site and
fully implement that plan upon its approval. In the interim pending approval of the plan, you must immediately
provide measures on -site,, -sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan Cane:prepared, reviewed, and implemented.
After installation,,all�e fo.`sj,n confral measures must be maintained in proper working order until development
is complete�rid:the site is completely stabilized.
Please be advised that if these'violations are not corrected on or before May 14, 2002, the Director, Division
of Land Resources, will be requested to take appropriate legal actions against you pursuant to NCGS § 113A-64.
That action could be the assessment of a civil penalty and the amount may be up to $5000.00 per day for each
day of the violation. The penalty may be assessed from the date the violation is detected (NCGS § 113A-
61(a) (1). If these 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 Kris Riddle (ext.
#262) or me (ext. #290) at 828/251-6208.
Sincerely,
r�
Richard A. Phillips, P. .
Regional Engineer
RAP:WKR:a
Enclosures
copy: David Ward, CPESC
Forrest Westall, P.E.

NORTH CAR OLINA DEPARTMENT OF ENY[RUNMENT AND NA UffAL tcP,,)UUAUrla
LAND QUALITY
County
Person
1. Project Locatio Pictures: No ❑ es
2. Weather and Soil Conditions -
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 ❑
�5.}�olations:
Ala• No approved plan, G.S. 113A-57(4).and 15A NCAC 413.0007(c)
❑ b. Failure to follow approved plan, G.S. 113A-61.1
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and .
15A NCAC 4B.0018(a)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A NCAC 4B.0007(b) or 15A NCAC 4B.0024(e)
�Insufficient measures to retain sediment on site, G.S. 113A-57(3)
67f. Failure to take all reasonable measures, 15A NCAC 413.0005
Case #
NC 28801 [phone] ��y
River Basin f f o
Project #
Prints ❑ Slides ❑ Digital ly Video ❑ 1
No t;r/ If no, check violations below:
tag. Inadequate buffer zone, G.S. 113A-57(1)
❑ h. Graded slopes and fills too steep, G.S. 113A-57(2)
or 15A NCAC 413.0024 (d)
❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ j. Failure to maintain erosion control measures,
15A NCAC 4B.0013
❑ k. Other(describe)
NPDES Permit Violation? Yes ❑ No ❑ Describe
Has sedimentation damage occurred since last inspection? Yes If yes, where? (check all at apply): No ❑
T o1—/natne t rnl wntPrrnnrae nn the. rl Lake/natural watercoursoAff the tract tf Other property ❑
Degree of damage: Slight ty Mode�11te ❑ Seve ❑
8. Contact made with (Name)�h'oy*- sylit Title
Inspection Report given ❑ or sent to Person Financially Responsible Date given/sent
9. Corrective actions needed:
10. Comments:
0 , , t 1 , r •
Report by: `0- Others present t +t^
Date of Inspection: ,� ()� Time arriving at site: 1 1 r I 0`~^'"' Time leaving site:
cc:

AN! 0
A W�
Ll
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
Charles H. Gardner, P.G., P.E. Director Richard A. Phillips, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF. THE
SEDIMENTATION POLLUTION CONTROL ACT
March 14, 2002
SERVICE VIA
POLK CO. SHERIFF'S DEPT.
S 8Z S Grading
Attn: Stan Fowler
P. O. Box 549
Edneyville, NC 28727
ST. LI.IKE'S HOSPITA POLK- 00 1 -0 1 4/BROAD RIVER BASIN
D
42002 Ji
On February 11, 2002 and March 6, 2002, personnel of this office inspected a land -disturbing activity located
off of Highway 108 in Polk County. This inspection was performed to determine compliance with the North
Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of
approximately 4 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, NCGS § 113A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. if you feel that you are not responsible for the
following violations, please notify this office immediately.
1. Failure to conduct a land -disturbing activity in accordance with the provisions of an acceptable erosion
and sedimentation control plan. NCGS § 113A-61.1. The erosion and sedimentation control plan
approved by this office on June 18, 2001 must be immediately implemented on the site sufficient to
prevent offsite sedimentation. Specifically, sediment traps, outlet stabilization structures and the gravel
construction entrance have not been installed or provided as contained in the plan.
2. 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. NCGS § 1 13A-57(3). Insufficient sedimentation and erosion control devices or structures have
been installed to retain sediment within the boundaries of the tract under development.
3. Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 4B.0005. Offsite damage has occurred due to sediment
washing into a tributary to the Pacolet River.
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone] & 828/251-6098 Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

S 8t S Grading
March 14, 2002
Page 2
4. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 113A-57(1). Sediment from the site has entered a tributary to
the Pacolet River below the site.
To correct these violations, you must implement the erosion control plan as approved immediately and install
additional measures if required to retain sediment on site.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
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 § ] 13A-64 (a)( 1).
Therefore, the initial violation has been referred to the Director, Division of Land Resources, for appropriate action.
�i_i, n� ' �J'Api
Please be advised that if these violations are not corrected on or before March 26, 2002, the Director, Division
of Land Resources, will be requested to take appropriate legal actions against you pursuant to NCGS § 113A-64.
That action could be the assessment of a civil penalty and the amount may be up to $5000.00 per day for each
day of the violation. The penalty may be assessed from the date the violation is detected (NCGS § 113A-
61(a) (1). If these 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 Kris Riddle (ext.
#262) or me (ext. #290) at 828/251-6208.
Sincerely, \
c
Richard A. Phillips, P.E.
Regional Engineer
RAP:WKR:a
Enclosures
copy: David Ward, CPESC
Forrest Westall, P.E.

&74
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
Charles H. Gardner, P.G., P.E. Director Richard A. Phillips, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF -THE
SEDIMENTATION POLLUTION CONTROL ACT
November 8, 2001
CERTIFIED MAIL - 7099 3400 0003 5460 1724
RETURN RECEIPT REQUESTED
Stan Fowler
P. O. Box 549
Edneyville, NC 28727
ST. LLIKE'S HOSPITAL FILL SITE P L 12001.01 4/B ROAD RIVER BASIN
on.November 1, 2001, personnel of this office inspected a land -disturbing activity located off of Highway 108
in olk Coun This inspection was performed to determine compliance with the North Carolina Sedimentation
Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of approximately 4 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, NCGS § 113A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
1. Failure to conduct a land -disturbing activity in accordance with the provisions of an acceptable erosion
and sedimentation control plan. NCGS § 113A-61.1. The erosion and sedimentation control plan
approved by this office on June 18, 2001 must be immediately implemented on the site sufficient to
prevent offsite sedimentation. Specifically, sediment traps, outlet stabilization structures and the gravel
construction entrance have not been installed or provided as contained in the plan.
2. 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. NCGS § 113A-57(3). Insufficient sedimentation and erosion control devices or structures have
been installed to retain sediment within the boundaries of the tract under development.
3. Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 4B.0005. Offsite damage has occurred due to sediment
washing into a tributary to the Pacolet River and onto property owned by others. _ �2
Ij
,� !I [NOV - 9 2001
59 Woodfin Place, Asheville, North Carolina 28801----;-
Telephone [phone] Fax [phone] & 828/251-6098 Internet: www.enr.state. nc;us.E_NR'
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper_--�: - --

Stan Fowler
November 81 2001
Page 2
4. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 113A-57(1). Sediment from the site has entered a tributary to
the Pacolet River below the site.
To correct these violations, you must implement the erosion control plan as approved immediately and install
additional measures if required to retain sediment on site.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
Please be advised that if these violations are not corrected on or before November 20, 2001, the Director,
Division of Land Resources, will be requested to take appropriate legal actions against you pursuant to NCGS
§ 113A-64. That action could be the assessment of a civil penalty and the amount may be up to $ 5000.00 per
day for each day of the violation. The penalty may be assessed from the date the violation is detected (NCGS
§ 113A-61(a) (1). If these 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 Kris Riddle (ext.
#262) or me (ext. #290) at 828/251-6208.
Sincerely,
Richard A. Phillips, P.E.
Regional Engineer
RAP:WKR:a
Enclosures
copy: David Ward, CPESC
Forrest Westall, P.E.

Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITY SECTION.•Interchange.,ldg., 59
County yui{` Fro ect: J 1 , t.V r-- ,
Person Financially Responsible: '::�-M
Address: `J 4 `1 9 nN _ >/ VILI.
1. Project LocationPictures: No 2/ s ❑
2. Weather and Soil Conditions U..o U o`i Y
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 I
5.. Violations:
❑ a. Xo approved plan, G.S. 113A-57(4) and 15A NCAC 4B.0007(c)
Failure to follow approved plan, G.S. I I3A-61.1
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A NCAC 4B.0018(a)
❑ d. Failure to provide adequate grouridcover, G.S. 113A-57(3) and
,/15A NCAC 4B.0007(b) or 15A NCAC 4B.0024(e)
F",.Insufficient measures to retain sediment on site, G.S. 113A-57(3)
ailure to take all reasonable measures, 15A NCAC 413.0005
6. NPDES Permit Violation? Yes ❑ No ❑ Describe
Has sedimentation damage occurred since last inspection? Yes
Lake/natural watercourse on the tract ❑ Lake/natural
Ile, NC 28801 [phone]
5 River Basin MAD
Project # ►� - -Q
Prints ❑ . Slides ❑ Digital ❑ Video ❑
I No O If no, check violations below:
Es ek /Inadequate buffer zone, G.S. 113A-57(1)
❑ h. Graded slopes and fills too steep, G.S. 113A-57(2)
or 15A NCAC 413.0024 (d)
❑ i. Unprotected exposed slopes, G.S. I I3A-57(2)
❑ j. Failure to maintain erosion control measures,
15A NCAC 413.0013
❑ k. Other(describe)
If yes, where? (check all th t apply): No
ercourse off the tract Er. Other property E
Degree of damage: Slight ❑ ode ate W Severe ❑lrl& (0 1M&
8. Contact made with (Name)'( .��g 1 Titl • -ITU i'� 9-d,l}Mm Ao54-0
Inspection Report given ❑ or sent to Person Financially Responsible Date given/sent W of NOV LJ VIN
9. Corrective actions needed:
lL A N n M A 1 KTTA 1 H AW 9--(ZoS I o 19 Co js11-Rz (, M i145LV-f S 61--her S 1 T-& A
11 Z- APyo12UW-Q PLA
CSll 1A 0 Lt A PP- V 9
Ste- AI\O*
10. Comments: SMM M � 1T1 IA AS 1A�t4S1� r; O Qf 7 - Rk S 11- IN tD, jA T'l 1 wS1;M Pf A NCi OVH— P(�
SM- 1414101".1 Cut-Mo L M bJSt tS NA V L2- VOT, J-o 3E- I NSTIU klb A 1 i%� SITS-
PJ-?--Me-4PPe4y&O PLAN IF EAoSIaN 601IJ-1Po1, "rJ &ES-p'3e- !NAci-Q ATE Oe--
C4N
!T 1S r M A4E NAM MlS
i bu To PR' U1po5 S�piNt Ni 51�'Ir4 r�1 I✓I�RLI 1NSP�tTloN�
SILTgNCA AAA IPN IN WID eR0W 1=�l.J UQ0- +Wui IS IMADEQUA- -FL�oN L N.
Reportby: �'�� S Q•,�� L
Others present
Date of Inspection: Time arriving at site: Time leaving site: ` , �'a' O'-,
cc:-r.('M2SC`i(a �Ay # ) Ml& ti�il�iE'sojJ CV clW#

UJ
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
Charles H. Gardner, P.G., P.E. Director Richard A. Phillips, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
nr�
October 30, 2001 9. 1� i
CERTIFIED MAIL - 7099 3400 0003 5459 8567 i OCT 3 0 2001 �
RETURN RECEIPT REQUESTED
Robert E. Jarvis ;,,
1571 McEntire Road , SCGOFFI
ASV iE1�fL! ._ = 6.+f0iJRL
CE
Tryon, NC 28782 -- _ --
JARVIS PROPERTY POL 2002-002/BROAD RIVER BASIN
On October 26, 2001, personnel of this office inspected a grading activity located off of North Park Lane in
the Lake Adger community of Polk County. This inspection was performed to determine compliance with the
North Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity
of approximately 15 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, NCGS § 113A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violation, please notify this office immediately:
Failure to file an acceptable 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;
failure to secure this office's prior approval of the plan for any land -disturbing prior to beginning
the land -disturbing activity. and NCGS § 113A-54(d)(4), NCGS § 113A-57(4) and 15A
NCAC 413.0007(c). An erosion control plan for the project has not been submitted to this
office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site sufficient to prevent offsite sedimentation. Pending approval of the plan, 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.
To correct this violation, you must prepare and submit for approval an erosion control plan for the site and fully
implement that plan upon its approval. In the interim pending approval of the plan, you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone] & 828/251-6098 Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer- 50% recycled/10% post -consumer paper

Robert E. Jarvis
October 30, 2001
Page 2
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 a standing 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.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
Please be advised that if these violations are not corrected on or before November 20, 2001, the Director,
Division of Land Resources, will be requested to take appropriate legal actions against you pursuant to NCGS
§ 113A-64. That action could be the assessment of a civil penalty and the amount may be up to $ 5000.00 per
day for each day of the violation. The penalty may be assessed from the date the violation is detected (NCGS
§ 113A-61(a) (1). If this violation is 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 Kris Riddle (ext.
262) or me (ext. #290) at 828/251-6208.
Sincerely,
I
Richard A. Phillips, P.E.
Regional Engineer
RAP:WKR:a
Enclosures
copy: David Ward, CPESC
Forrest Westall, P.E.

Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITYSECTIOMInt cha a Bl 59 Woo �n lace, Asheville, NC 28801 [phone] (�n�,,��
CountyPro, eft IE River Basin
Person Financially Resvonsib_ Project # ---
1. Project Locatio WIA Pictrees: No ❑ Yes V/ I Prints ❑ Slides ❑ Digital Video ❑
2. Weather and Soil Conditions SUM
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 5111f no, check violations below:
5. olations:
Va. No approved plan, G.S. 113A-57(4) and 15A NCAC 413.0007(c)
❑ b. Failure to follow approved plan, G.S. 113A-61.1
❑ c. Failure to submit revised plan, G.S. I I3A-54.1(b) and
15A NCAC 4B.0018(a)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A NCAC 413.0007(b) or 15A NCAC 4B.0024(e)
❑ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
❑ f. Failure to take all reasonable measures, 15A NCAC 413.0005
6. NPDES Permit Violation? Yes ❑ No ❑ Describe
❑ g. Inadequate buffer zone, G.S. 113A-57(1)
❑ h. Graded slopes and fills too steep, G.S. 113A-57(2)
or 15A NCAC 413.0024 (d)
❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ j. Failure to maintain erosion control measures,
15A NCAC 413.0013
❑ k. Other(describe)
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 ❑ Other property ❑
Description:
Degree of damage:
8. Contact made with (Name,'
Inspection Report given ❑
9. Corrective actions needed:
n
or senti '' to Person Financially Responsible
Title
Date given/sent O O
ON AM 11
10. Comments:
EAU&
f�;ilkalm�
Report by: 4. —Is
V—\W- G
Others present
Date of Inspection:
0
1 1 l
Time arriving at site: )\ `J� ann�
Time leaving site:
cc:

09-
ern
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Michael F. Easley, Governor William G. Ross, Secretary
Division of Land Resources, Land Quality Section
Charles H. Gardner, P.G., P.E. Director Richard A. Phillips, P.E., Regional Engineer
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7000 0600 0025 1233 5956
S 8t S Grading
Stan Fowler
P. O. Box 549
Edneyville, NC 28727
February 15, 2002
7000 0600 0025 1233 5963
St. Luke's Hospital
Cameron Highsmith, President
220 Hospital Drive
Columbus, NC 28722
ST. LUKE'S HOSPITAL FILL SITE P L 2001-014/BROAD RIVER BASIN
add
FEB � 8 2002
On February 11, 2002, personnel of this office inspected a land -disturbing activity located off of Highway 108
in Polk County. This inspection was performed to determine compliance with the North Carolina Sedimentation
Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of approximately 4 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, NCGS § 1 13A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the
following violations, please notify this office immediately.
Failure to conduct a land -disturbing activity in accordance with the provisions of an acceptable erosion
and sedimentation control plan. NCGS § 113A-61.1. The erosion and sedimentation control plan
approved by this office on June 18, 2001 must be immediately implemented on the site sufficient to
prevent offsite sedimentation. Specifically, sediment traps, outlet stabilization structures and the gravel
construction entrance have not been installed or provided as contained in the plan.
2. 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. NCGS § 113A-57(3). Insufficient sedimentation and erosion control devices or structures have
been installed to retain sediment within the boundaries of the tract under development.
3. Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 4B.0005. Offsite damage has occurred due to sediment
washing into a tributary to the Pacolet River.
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone] & 828/251-6098 Internet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer- 50% recycled/10% post -consumer paper

S 8Z S Grading/St. Luke's Hospital
February 15, 2002
Page 2
4. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 113A-57(1). Sediment from the site has entered a tributary to
the Pacolet River below the site.
To correct these violations, you must implement the erosion control plan as approved immediately and install
additional measures if required to retain sediment on site.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
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 has been referred to the Director, Division of Land Resources, for appropriate action.
Please be advised that if these violations are not corrected on or before March 5, 2002, the Director, Division
of Land Resources, will be requested to take appropriate legal actions against you pursuant to NCGS § 113A-64.
That action could be the assessment of a civil penalty and the amount may be up to $ 5000.00 per day for each
day of the violation. The penalty may be assessed from the date the violation is detected (NCGS § 1 l 3A-
61(a) (1). if these 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 Kris Riddle (ext.
#262) or me (ext. #290) at 828/251-6208.
Sincerely, (� N
Richard A. Phillip , P.E.
Regional Engineer
RAP:WKR:a
Enclosures
copy: David Ward, CPESC
Forrest Westall, P.E.

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND ]NATURAL RESOURCES
LAND QUALITYSECTION.-
Proiect:
Person
Asheville, NC 28801 [phone]
Case #
1. Project Locatio 161�W O Pictures: No ❑ Yes I Prints ❑ Slides ❑ Digital % Video ❑ `M�`
2. Weather and Soil Conditions St)
3. Is site currently under notice of violation? Yes ❑ No EY
4. Is the site in compliance with the S.P.C.A. and the rules?
5. Violations:
❑,V.' No approved plan, G.S. 113A-57(4) and 15A NCAC 413.0007(c)
b. Failure to follow approved plan, G.S. I I3A-61.1
❑ c. Failure to submit revised plan, G.S. I I3A-54.1(b) and
15A NCAC 413.0018(a)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A NCAC 413.0007(b) or 15A NCAC 413.0024(e)
Insufficient measures to retain sediment on site, G.S. 113A-57(3)
Y.
Failure to take all reasonable measures, 15A NCAC 413.0005
6. NPDES Permit Violation? Yes ❑ No ❑ Describe
Has sedimentation damage occurred since last i ection? Yes
Lake/natural watercourse on the tract 1Lake/natural
111.90
Yes ❑ No If no, check violations below:
t 9. Inadequate buffer zone, G.S. 113A-57(1)
❑ h. Graded slopes and fills too steep, G.S. 113A-57(2)
or 15A NCAC 413.0024 (d)
❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ j. Failure to maintain erosion control measures,
15A NCAC 413.0013
❑ k. Other(describe)
yes, where? (check all that apply): No ❑
:ourse off the tract ❑ Other property_❑
Degree of damage: S ' lit ❑ Moderate 19 Severe ❑
' �1
8. Contact made with (Name) 4 (. Title � �-
Inspection Report given ❑ or sentQr to Person Financially Responsible Date given/sent WC
9. Corrective actions needed:
in N S i � W -A V46 03� &- IN&A 4S itf -Mli- S! -
NS P�IZ` i� �P�'G-�'V�i� � oSla.1 C�t�l"t tL�L t> AI -A .
�2
T� VOL AU W SU S N �t -SS �-`� ► l� l�1 S -0� M'-s�St F-I om bit RS�wm-'
1'cs"t o lA1�QW ASS
10. Comments:
k IN M'\) t3i okN A�RA) PA 1 � S1TT - \ � i o A
Q:; ASU06 �A M�- WT PAgt-� \ lkkS iAwm i�T T\.t� fir\ - Jq- QK10! ED Pt,W.
tA61;!-1U,S��i,l, AU, Olb-9-0 cu4� tU m-.' AS
Report by: ii`�-,� Others present
Date of Inspection: a iZ� Time arriving at site: I D ' . Time leaving site:
cc:

i
North Carolina Department of
Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross; Jr., Secretary
Charles H. Gardner, P.G., P.E., Director
Division of Land Resources
Richard A. Phillips, P.E., Regional Engineer
Land.Quality Section !.
-FPAPR 6 2001
����- •
NNORTHCDENR
CAROLINA DEPARTMENT OF
.N RONMENT AND NATURAL RESOURCES
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
April 5, 2001
CERTIFIED MAIL - 7000 0600 0025 1233 7691
RETURN RECEIPT REQUESTED
William O. Laughter
111 Heaton Street
Hendersonville, NC 28739
LAUGHTER PROPERTY-THEO-DORAH/POLK-2001-009/BROAD RIVER BASIN
On March 28, 2001, personnel of this office inspected a grading activity located off of Fox Mountain Road (SR
1531) in Polk County. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control 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, NCGS § 113A-50 to.66,
and Title 15A, North Carolina Administrative Code, 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:
1. Failure to file an acceptable 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; failure to secure this
office's prior approval.of the plan for any land -disturbing prior to beginning the land -disturbing activity.
and NCGS § 113A-54(d)(4),,NCGS § 113A-57(4) and 15A NCAC 4B.0007(c). An erosion control
plan for the project has not been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
implemented on the site. sufficient to prevent offsite sedimentation. Pending approval of the plan,
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.
2. 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. NCGS
§ 113A-57(3). No sedimentation and erosion control devices or structures have been installed to retain
sediment within the boundaries of the tract under development.
59 Woodfin Place, Asheville, North Carolina 28801
Telephone [phone] Fax [phone] & 828/251-6098
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

William O. Laughter
April 5, 2001
Page 2
3. Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 4B.0005. Offsite damage has occurred due to sediment washing
into a tributary to White Oak"Creek and'int'o White Oak Creek and onto property owned by others.
4. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 1 13A-57(1). Sediment from the site has entered a tributary to
White Oak Creek traversing the site.
To correct these violations, you must prepare and submit for approval an erosion control plan for the site and
fully implement that plan upon its approval. In the interim pending approval of the plan, you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
Please be advised that if these violations are not corrected on or before April 27, 2001, the Director, Division
of Land Resources, will be requested to take appropriate legal actions against you pursuant to NCGS § 113A-64.
That action could be the assessment of a civil penalty and the amount may be up to $5000.00 per day for each
day of the violation. The penalty may be assessed from the date the violation is detected (NCGS § 113A-
61(a) (1). If these 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 Kris Riddle (ext.
#262) or me (ext. #290) at 828/251-6208.
Sincerely, n
1
Richard A. Phillips, P.E.
Regional Engineer
RAP:WKR:a
Enclosures
copy: Bill Noyes, P.E., RLS
✓Forrest Westall, P.E.

North Carolina Department off
Environment and Natural Resources
Michael F. Easley Governor
�
William G. Ross, Jr., Secretary
Charles H. Gardner P.G. P.E. Director c ,, NCDENR
Division of Land Resources NORTH CAROLINA DEPARTMENT OF
Richard A. Phillips,-P.E., Regional Engineer ENVIRONMENT AND NATURAL RESOURCES
Land Quality Section
NOTICE OF VIOLATIONS OF THE.'
SEDIMENTATION POLLUTION CONTROL ACT
May 30, 2001
CERTIFIED MAIL - 7000 0600 0025 1233 7158
RETURN RECEIPT REQUESTED
Phillip Feagan
Columbus Marketing, LLC
P. O. Box 507
Columbus, NC 28722
HIGHWAY 1-26/108 SITE/POLK-2001-010/BROAD RIVER BASIN
On May 23, 2001, personnel of this office inspected a land -disturbing activity located off of U. S. Highway 108
in Polk County. This inspection was performed to determine compliance with the North Carolina Sedimentation
Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of approximately 25 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, NCGS § 113A-50 to 66,
and Title 15A, North Carolina Administrative Code, Chapter 4. if you feel that you are not responsible for the
following violations, please notify this office immediately.
1. Failure to conduct a land -disturbing activity in accordance with the provisions of an acceptable erosion and
sedimentation control plan'. NCGS § 113A-61.1. The erosion and sedimentation control plan approved
by this office -on May 9, 2001 must be immediately implemented on the site sufficient to prevent offsite
sedimentation. Specifically, sediment traps, diversion berms, catch .basin inlet protection, reinforced
concrete piping, gravel construction entrances, etc. have not been installed or provided as contained in
the plan.
2. 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. NCGS
§ 113A-57(3). Insufficient sedimentation andt erosion control devices or structures have been installed
to retain sediment within the boundaries of the tract under development.
3. Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 4B.0005. Offsite damage has occurred due to sediment washing
into Horse Creek and onto property owned by others.
59 Woodfin Place, Asheville,.North Carolina 28801
Telephone [phone] Fax [phone] & 828/251-6098
An Equal Opportunity/Affirmative Action Employer - 50% recycled/10% post -consumer paper

Phillip Feagan
May 30, 2001
Page 2
4. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 113A-57(1). Sediment from the site has entered Horse Creek
adjoining the site.
To correct these violations, you must implement the erosion control plan as approved immediately and install
additional measures if required to retain sediment on site.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
Please be advised that if these violations are not corrected on or before ]une 20, 2001, the Director, Division
of Land Resources, will be requested to take appropriate legal actions against you pursuant to NCGS § 113A-64.
That action could be the assessment of a civil penalty and the amount may be up to $ 5000.00 per day for each
day of the violation. The penalty may be assessed from the date the violation is detected (NCGS § 113A-
61(a) (1). If these 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 Kris Riddle (ext.
#262 or me (ext. #290) at 828/251-6208.
Sincerely,
Richard A. Phillips, P.E.
Regional Engineer
RAP:WKR:a
Enclosures
copy: David Ward, CPESC
Forrest Westall, P.E.

NORTH CAROLINA DEPARTMENT OF E,
{{��,, LAND QUALITY SECTION. -Interchange Bldg., 59
County t' . Project: ` \kWTA Z'w4
Person Financially Responsible: Ill,t P , AU • (pWI
L
1. Project Location " — ictures: No ❑ Yes L3
2. Weather and Soil Conditions •SU;�II0':'l
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 ❑
5. Violations:
❑ No approved plan, G.S. 113A-57(4) and 15A NCAC 4B.0007(c)
Failure to follow approved plan, G.S. 113A-61.1
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A NCAC 4B.0018(a)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A NCAC 4B.0007(b) or 15A NCAC 4B.0024(e)
e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
Failure to take all reasonable measures, 15A NCAC 413.0005
6. NPDES Permit Violation? Yes ❑ No ❑ Describe
Case #
DENT AND NATURAL RESOURCES
Place, Asheville, NC 28801 [phone]
1; \TE_ River Basin19(-op�)
A�9�n G, %_L,(I Project # - O, 0
Prints ❑ Slides Cl Digital Video ❑
No SylIf no, check violations below:
,21 Inadequate buffer zone, G.S. I I3A-57(1)
❑ h. Graded slopes and fills too steep, G.S. 113A-57(2)
or 15A NCAC 4B.0024 (d)
❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ j. Failure to maintain erosion control measures,
15A NCAC 4B.0013
❑ k. Other(describe)
7. Has sedimentation damage occurred since last inspection? Yes lid If yes, where? (check all t at apply): No ❑
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract V Other property. l�
Degree of damage: S i ht ❑ Moderate ❑ Severe 7
8. Contact made with (Name) A3 Title —I M Lo?, ►` Q i-%\l cavA v (Clcrl
Inspection Report given ❑ or sent 0' to Person Financially Responsible Date given/sent oy
9. Corrective actions needed:
P, Nl4-NT ;-TRAK 0\\k Q!;� oO qW6 CMU (')41 t�
C k3tACAfic ftNa 1, G,,m L, CLrU_MAA(iT_1S , ITG -
�s �-�- AtrU tAPcrI f—, q: N t_SS a ���'�o pQ..11A , S�L�1 M�r3i uM 511�6 I;.�S�
10. Comments: A �tzv �� A�t�yrsi of s����►� NHS�kRt�M-c�: \t�T� 1�5� C:{Z��
�i �lcar•.1 S�t7�N,�N! �' 14� �� ��1Mi�t� 1��5 �G� 4*���11�'� �oM �� SY� t�i � STD � o'�
'c��T�� t�'11"���7 1 �11��';��-; '�1�t� C�t•�S� PrA���1iP�S �t�tl�! t•.� o4.�`C�� �'1.�,t�1 �.k1►� N�� �' �E-
����-��_��
Report by: i-�-t�
Date of Inspection: Time arriving at site
Others present 1 " It y-iN•-
•00 Q • M • Time leaving site:
cc:

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ASHEVILLE REGIONAL OFFICE
NCUDE11 4"R NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
JAMES B. HUNTJR. _4.
GOVERNOR " ' June 29, 1998
CERTIFIED MAIL - Z 372 727 882
RETURN RECEIPT REQUESTED
Mr. Herb White
WAYNE MCDEVITT Columbus Plaza LLC
SECRETARY P. O. Box 2254
Norfolk, VA 23501
�COLLIMB_US_PLAZA -POCK=CO:UNT_Y�
On June 26, 1996, personnel of this office inspected fill slopes behind the Columbus Plaza.
This inspection was performed to determine compliance with the North Carolina Sedimentation
Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of
approximately .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, NCGS § 1 13A-50 to 66, and Title 15A, North Carolina Administrative
Code, Chapter 4. If you feel that you are not responsible for the following violations, please
notify this office immediately.
l;
The violations that were found are:
1. Failure to take all reasonable measures to protect all public and private property from
damage by such land -disturbing activities. 15A NCAC 4B.0005. Offsite damage has
occurred due to sediment washing into a stream and onto property owned by others.
.r
2. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 1 13A-57(1).
Sediment from the site has entered a stream traversing the site.
3. Failure within 30 working days 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. NCGS §113A-57(2). No ground cover or
a
erosion control devices have been provided sufficient to restrain erosion on the site.
4. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation
control measures during the development of a site. 15A NCAC 413.0013. Temporary
a
erosion control measures and facilities have not been adequately maintained and are not
1 "i
functioning as intended.
--
To correct these violations,, you must repair fill slopes and stabilize fill slopes with a non -erosive
ground cover; install temporary measures below the fill area; remove sediment from woodlands
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801
- -z
PHONE [phone] FAX [phone]
_ _
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER

Mr. Herb White
June 29, 1998
Page 2
below the slopes; and install storm water measures that will carry water over the fill onto natural ground without
causing erosion.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
Please be advised that if these violations are not corrected on or before lulu 16, 1998, the Director, Division
of Land Resources, will be requested to take appropriate legal actions 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 $500.00 per day for each
day of the violation. The penalty may be assessed from the date of your receipt of this Notice of Violations
(I SA NCAC 4C.0007). If these 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 William Beck (ext.
#219) or me (ext. #290) at 828/251-6208.
incerely,
Richard A. Phillips, P.E.
Regional Engineer
RAP:WCB:a
Enclosures
copy: M . David Ward
r. Forrest Westall

r�
-_ NCDENR
JAMES B. HUNTJR:.,; r'`+
GOVERNOR
WAYNE.MCDEVITT
SECRETARY
'
Yl �• 2
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ASHEVILLE REGIONAL OFFICE
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
November 30, 1998
CERTIFIED MAIL - Z 372 727 982
RETURN RECEIPT REQUESTED
Mr. Chester W. Wyles
13124 Carrington Place
Baton Rouge, LA 70817
WYLES PROPERTY - POLK COUNTY
On November 13, 1998, personnel of this office inspected a logging site on State Road 1 162
in the sunny view Community of Polk County. This inspection was performed to determine
compliance with the North Carolina Sedimentation Pollution Control Act of 1973. The
inspection revealed a land -disturbing activity of approximately .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, NCGS § 1 13A-50 to 66, and Title 15A, North Carolina Administrative
Code, 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:
1. Failure to take all reasonable measures to protect all public and private property from
damage by such land -disturbing activities. 15A NCAC 4B.0005. Offsite damage has
occurred due to sediment washing into a stream.
2. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 1 13A-57(l ).
Sediment from the site has entered a stream adjoining the site.
To correct these violations, you must remove soil from the stream and crossing area and
establish the stream to its original channel; install measures at the creek to contain sediment
until the area is stabilized; and provide ground cover on the road and at the stream crossing
within 15 working days or 30 calendar days, whichever is shorter.
After installation, all erosion control measures must be maintained in proper working order
until development is complete and the site is completely stabilized.
Please be advised that if these violations are not corrected on or before December 11, 1998,
the Director, Division of Land Resources, will be requested to take appropriate legal actions
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 $500.00 per day for each day of the violation. The
penalty may be assessed from the date of your receipt of this Notice of Violations (I SA
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801
PHONE [phone] FAX 828-ZS1-6452
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -SO RECYCLED/10%POST-CONSUMER PAPER

Mr. Chester W. Wyles
November 30, 1998
Page 2
NCAC 4C.0007). If these 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 William Beck (ext.
#219) or me (ext. #290) at 828/251-6208.
Sir%erely,
T, K�—
'chard A. Phillips, NE.
Regional Engineer
RAP:WCB:a
Enclosures
copy: . Bill Noyes, P.E., RLS
r. Forrest Westall, P.E.
Mr. Bill Hefner

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ASHEVILLE REGIONAL OFFICE
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
August 27, 1999
CERTIFIED MAIL - Z 372 728 176
RETURN RECEIPT REQUESTED
Mr. Randy Mitchell
401 Warrior Drive
Tryon, NC 28782
MiTCHELL PROPERTY - POLK COUNTY
On August 19, 1999, personnel of this office inspected a graded site located.at the corner of
Warrior Drive and Howard Gap Road. This, inspection was performed to determine compliance
with the North Carolina Sedimentation Pollution Control Act of 1973. The inspection
revealed a land -disturbing activity of approximately 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, NCGS § l 13A-50 to 66, and Title 15A, North Carolina Administrative
Code, 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:
1. Failure to file an acceptable 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; failure to secure this office's prior approval of the plan for any land -
disturbing prior to beginning the land -disturbing activity. and NCGS § 1 13A-54(d) (4),
NCGS § 1 13A-57(4) and 15A NCAC 413.0007(c). An erosion control plan for the
project has not been submitted to this office.
An acceptable erosion and sedimentation control plan must be filed with and approved
by this office and implemented on the site sufficient to prevent offsite sedimentation.
Pending approval of the plan, 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.
2. 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. NCGS 5113A-57(3). No
sedimentation and erosion control devices or structures have been installed to retain
sediment within the boundaries of the tract under development.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801
PHONE 828-2S1-6208 FAX [phone]
U_ v

Mr. Randy Mitchell
August 27, 1999
Page 2
3. Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities. 15A NCAC 4B.0005. Offsite damage has occurred due to sediment washing
into a stream.
4. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 113A-57(1). Sediment from the site has entered a stream traversing
the site.
To correct these violations, you must prepare and submit for approval an erosion control plan for the site and
fully implement that plan upon its approval. in the interim pending approval of the plan, you must immediately
provide measures on site sufficient to protect adjacent property and watercourses as there is potential for damage
to occur before a plan can be prepared, reviewed, and implemented.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
Please be advised that if these violations are not corrected on or before September 10. 1999, the Director,
Division of Land Resources, will be requested to take appropriate legal actions 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 $500.00 per
day for each day of the violation. The penalty may be assessed from the date of your receipt of this Notice of
Violations (15A NCAC 4C.0007). If these 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 William Beck (ext.
#219) or me (ext. #290) 'at 828/251-6208.
Sincerely,
'Richard A. P%h1IIIps,P.
Regional Engineer
RAP:WCB:a
Enclosures
copy: . Bill Noyes, P.E., RLS
r. Forrest Westall, P.E.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAND NATURAL RESOURCES
ASHEVILLE REGIONAL OFFICE
NOTICE. OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROLACT
August 31, 1999
CERTIFIED MAIL - Z 372 728 179-
RETURN RECEIPT REQUESTED
Mr. Tom Mason
102 Brookwood Drive
Tryon, NC ' 28782
MASON PROPERTY - P6LK COUNTY
On August 26, 1999, personnel of this office inspected a graded area -located on East Creek
Creek Road. This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973: " The inspection revealed a land -disturbing.
` activity of approximately'. 9 acres being conducted.
It is our understanding that you and/or' frm 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, NCGS § 113A-50 to 66, and Title I SA, North Carolina Administrative
Code, 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:
1. Failure to take' all reasonable measures to protect all public and private property from
damage by such land -disturbing activities. 1 SA NCAC 4B.ob05. Offsite damage has
occurred due to, sediment washing onto property owned by others.
2. 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.
NCGS § 113A-57(2). No ground cover or erosion control devices have been provided
sufficient to restrain erosion on the site.
- 3. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation
.control'measures during the development of'a site. 15A NCAC 4B.0013. Temporary
erosion control measures and facilities have not been adequately maintained and are not
functioning as intended.
To correct these violations, you must install sediment control measures that are sufficient to
contain sediment on site up to a 10-year storm event. Stabilize bare soil with a ground cover
within 30 calendar days:. Stabilize the access road with gravel.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative
cover or of "ground cover sufficientto restrain erosion." These requirements are not satisfied
until a standing cover of grass or other -ground cover (such as properly applied and secured
INTERCHANGE BUILDING, S9 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801
PHONE[phone] 'FAX[phone]S2
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/1 O% POST -CONSUMER PAPER '

Mr. Tom Mason
August 31, 1999
Page 2
mulched seeding or appropriate rip -rap) is established which is, in fact, sufficient to restrain accelerated or man-
made erosion.
After installation, all erosion control measures must be maintained in proper working order until development
is complete and the site is completely stabilized.
Please be advised that if these violations are not corrected on or before September 1'6, 1999, the Director,
Division of Land Resources, will be requested to take appropriate legal actions against;you pursuant to NCGS
§ 113A-64. That action could be the assessment of a civil penalty and the amount maybe up to $500.00 per
day for each day of the violation. The penalty may be assessed from the date of your 'receipt of this Notice of
Violations (15A NCAC 4C.0007). If these 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 must 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 the work can be inspected. You should not assume that the property is in compliance with
the Act until we have notified you.
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 regulations 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 William Beck (ext.
#219) or me (ext. #290) at 828/251-6208.
Sincerely,
Richard A. Phillips, E.
Regional Engineer
RAP:WCB:a
Enclosures
copy: . Bill Noyes, P.E., RLS
r. Forrest Westall, P.E.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL -RESOURCES
ASHEVILLE REGIONAL OFFICE
NOTICE. OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
October 25, 1999
CERTIFIED MAIL - Z 489 672 430
RETURN RECEIPT REQUESTED
Mr. Robert Wallace, Jr.
156 South River Road
Tryon, NC 28782
SCREVENS HILL SUBDIVISION - POLK COUNTY
On October 21, 1999, personnel of this office inspected the referenced site. This inspection
was performed to, determine compliance with the North Carolina Sedimentation Pollution
Control Act of 1973. The inspection revealed a land -disturbing activity of approximately 4
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, NCGS § 113A-50 to 66, and Title 15A, North Carolina Administrative
Code, 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:
1. Failure to conduct a land -disturbing activity in accordance with the provisions of an
acceptable erosion and sedimentation control plan. NCGS § 113A-61.1. The erosion
and sedimentation control plan approved by this office on August 28, 1998 must be
immediately ,implemented on the site sufficient to prevent offsite sedimentation.
Specifically, ground cover and a stabilized ditchline have not been installed or provided
as contained in the plan.
2. 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. NCGS § 1 13A-57(3). Insufficient
sedimentation and erosion control devices or structures have been installed to retain
sediment within the boundaries of the tract under development.
3. Failure to take all reasonable measures to protect all public and private property from
damage by such land -disturbing activities. 15A NCAC 4B.0005. Offsite damage has
occurred due to sediment washing into a stream and onto property owned by others.
4. Failure to retain along a lake or natural watercourse a buffer zone 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. NCGS § 1 13A-57(1).
Sediment from the site has entered a stream adjoining the site.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER

Mr. Russell Wallace, Jr.
October 251 1999
Page 2
5. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation control measures
during the development of a site. 15A NCAC 4B.0013. Temporary erosion -control measures and
facilities have not been adequately maintained and are not functioning as intended.
To correct these violations, you must provide adequate ground cover that will prevent` erosion, stabilize road
ditch lines, clean and repair silt fence, and remove sediment from the stream channel.
Please be advised that if these violations are not corrected on or before November 15, 1999, the Director,
Division of Land Resources, will be requested to take appropriate legal actions against you pursuant to NCGS
_§ 11-3A-64. That action could be the assessment of a civil penalty and the amount may be up to $ 5000.00
per day for each day of the violation.' The penalty may be assessed from the date the violation is detected,
NCGS § 113A-61 (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 must 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 the 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 development is complete and 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 regulations 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 theAct, please contact either William Beck (ext.
#219) or me (ext. #290) at 828/251-6208.
Sincerely,
Richard A. Phillips, P.E.
Regional Engineer
RAP:wcb:a
Enclosures
copy: /Blll Noyes; P.E., RLS
r. Forrest Westall, P.E.

4a,
1
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DIVISION OF ENVIRONMENTAL MANAGEMENT
COMPLAINT FORD
DATE tQ-1 I
TIME
NAME OF CALLER
ADDRESS
COUNTY ?O---___-.-
TELEPHONE NUMBER
NATURE OF CALL
411111�-
t3i DIRECTIONS S`
C'�-------
ACTION TAKEN 1 d 116Y /
7-- �/lG
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DATE ACTION TAKEN
PERSON(S) RESPONDED

OMY N.C.Division of EmergenCY ManagementEblergency Report Fonn
31101ol Time kptd. /Q -23
n7By: W,) -Date.11ptd. lmnVddtjfy
Date Occrd: c/3 hy- lal Time Occrd: jo �-',3 Day-06ad:
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Rptd. BY: Agency 3-/M Phone:
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Weather:
Chemical: (T/F/O/U)
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Event Location:.
A/C: SHP:
Other state Agonles:
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ITIFICATIONS: Y= ON SCENE OR A='ADVISED
STATE AGENCIES NOTifit'D
Env. Mgt. W Watto. DRP: AP DOT:
LOCAL AGENCIES NOTIFIED
.LEMc= so* PD: LFD:
Other Agent- s:
CH6afth: _ Surer: PWAK:
Affected Persons:' bwellings": Area Affected:
StaW Ai4sidned Requested:
LTR:
.Ddatht: -Injuries: Hoomilzod: Evac: ._Business:
Shoftem: Put Shelter Locationi, Name of shefter, AW Number of -Shefterees on
mitc. or Call ad& Into:
PUT � FftMAMOW ON BACKACK
ADDITIONAL Olk FOLLOW-UPINFORMATION
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F A& hJ 6,tifEd I:zr, rol'i CovAr-r—
NOTIFICAtION010 Y ON §CtNk cjh A= AbAttED
S A-TE AU 0 NO 1hp-D
0 wdioi tj)nd- DOT:
o#4 t Mida Agencies: ok .....................
LEMC: go: *Y aiaw6r: PWRK:
oifi&
Atoettid persons: ef bw6II1hq§! Area AttLieted:
W4 Asia Meo Requested: A JA LTR.:
sholtow- NIA put th6ftoi LbdWfjiit 6W # Shoftaroet 6n Slick.
Mite. at 0111 beck into: 041w. r. t
70q)
PUT AwmoNAL. orl MItt:tLLANF-0US WFO111MAtION ON BACK
RSV. WOO
���-7 6zro VA
A V kft

OCT 01 '9 1� c"� CEhI AF,EH F G`,HE','ILLE f IC P. 1
op..us. ot,ry N,Gt Dlvlsion of Fnrergency Management Emergency Report Form
L*V* .
Ta y: -Date Rptd. o Time Rpid.
mlw I, v
Time Occrd: O �.' v Day,OE;crd:
mtrVddlyly
Rptd. By: Agency 3- Phone: i'� ViUr-a
County City. �,l �n� S EM Area _�,
Event Type: r
Weather: Chemical: (T/1=/O/U)
FNF - Non-FNF SAR: Other:
Event Description:
r Al It
Event Location:
E_K `" .. S
p cT p 1993
�,
1993
FACILITIES ASSESS! �T !'s;al3
NOTIFICATIONS: Y= ON SCENE OR • As'ADVISED
STATE AGENCIES NOTIFIED
AIC: SHP: Env. Mgt. Waterer DAP: CAP.: � DOT:
Other State Agen es:
LOCAL AGENCIES NOTIFIED _
LEMC: SO-' PD: LFD:
Other Agents:
CHeatth: Sewer: ' PVl RK:
Affected Persons:' Dwellings: Area Affected:.'
Slate Assistance Requested:
LTR:.�
Deaths: injuries: �,w Hospitallzed• !' Evac: ._.,..,Business:
Shelters: Put Sh9IW Looat", Name of Shelter, and Numbor of'Shelterew on back
. MW. of Call Back Info: /,Y�-.✓Z .✓.� .T- /
-x-7 !'itl�--

�NORTH 14ARCJ4(NAilVlltN OF EMERGENCY
RGENCY' MANAGEMENT
EMERGENCY REPORT FORM t
Taken Sy: Date Rptd: I Time Rptd:
Reported By:
. e I
f1
A nay. Phone:
Date Ocard: Time Ooard; j ,t Q110 [Cccrd:
1 ,
t
County: ?pj ` Water Quality S ctisn
' DEM Area: F
Weather: F E B 3 - 1092
Chemlcals: FNF:
Non-FNF: OAR: �,,Rk lle Regional O'tio
Of ��e.Nnrthf,,Ir
Event Description: ' t
s ,}
i
Event Locettocr:UU
I NOTIFICATIONS: Ym ON SCENE OR A:p ADVISED BAN 24199
STATE LN011FIED FACIUTIES ASSESSMENT UNIT
A/C: I
BHp:,—L�. Env.Mgt.�� W014r: � RPS:� lend; DOT:
Other state Agencles: �ivjL
� IES
LEMC: A— SO: `
-- r - PD: Epp; T �I
CHealth: sawan PWRK:
:
Other Local Ageneles: r
Affected Person$: Dwellings: I nqs.— _ -- Area Affected.
State Assistance Requested: I.TR:
r
r
Dead:— l lJuriea Hospital: Evac; „ Business.,
Shelter$:
M
Put She ter Locations and # shelterses on back.
- - -- [I'll %dn1Y1M 11wIY V1,4 D/ o,,F% . n
EM-43
�.d 1
'ILI n1'1T A-11.1 1 i -- -- -- ... . -
REV. 12/88

�11
NORTM . AROLINA DIVISION OF EMERGENCY MANAGEMENT
-.EMERGENCY REPORT FORM
Taken By: � . - - - - - - -_
✓; � - �':Date Rptd: ..:- �% - ---- - --- -Time ROW:'' l'J - ;
'?/�
:Reported By: 00e,
-
Agency:
Date Occrd:
s ,Time Occrd, Lei✓ Day OcCrd:
County:-
:.DEM Area:
Weather: Chemlcais:
- fNF:
Non-FNF: SAR:
Others:
Event Description;
r
Event Location:
r
Ak
NOTIFICATIONS: Y= ON SCENE OR A^ ADVISED
7A E FIED
AIC: SHP: Env.M
-- gt• Water: RPS:^ Land: DOT:
Other State Agencies:
LEMC:LQCAL AGENCIES NOTIFIED
S0: PD: LFD:
,---. CHee;ftfi. � Sewer: PWRK:
Other Loo 1 Agencies:
Affected Persons: Dwellings: Area Affected:
State Assistance Requested: -- -- - -
- LTR: _
Dead: Injuries Hospital: Evac: _
Business.
Shelters: Put Shelter Locations and # Shelterees on Bach .E E.I
� Iplater Quality Section
Mlsc. or Call Back Info:
* * * PUT ADDITIONAL OR MISCELLANEOUS INFORMATION ON B . i e* ° a
EM-49 i e, P�orth Carotiat

SENT BYTE R R B
1-28-94 ; 10:10 r ,E P A REGION 1V-+ 919 733 9919;* 3/ 4 _
INFORMATION SHOWN ON THIS FORM IS SUBJECT TO MINOR CHANG
OFFICIAL 'NRC RE ORTS ARE SENT TO VNTSC ON A OAILY BAST
From: National Response enter To: MS JOHNSON
USCG HO Washington, D. C. -U.S. EPA IV
1-000-424-8802 Incident Report * 270 eg
INCTQFNT DE N
*Report 'taken by ENS GILL at. 15: 43 on 25-NOV-04
Incident Type: HIGHWAY
Incident Cauee: DUMPING
Affected Area:
The incident occurred .on 26-NOV--04 at 15: 00 local time.
Affected Medium: LAND.
Rge�'TING PARJY
Narne: STEVE CHENEY
Address: 19 GREEN RIVER COVE ROAD
SALUDA, NC -28773
STEVF CHENEY galled fior the roe onsible pa ,
Day Phone: (704)7 60J
Name: UN NOWN
Type of Or.ganizatian:
I.NCIDENT LOCATI
GREEN RIVER COVE ROAD County: qLK
SALUDA, NC 28773
CHRIS Code: UNK
sty Released: 0•UNK(S
sty in Water: 0 UNK (S)
CALLER REPORTS RP IS DUMPING PRODUCT
DAMAGE
Injurise: Fatal ties: Evacuations: Damages:
UNKNOWN
R_E.MEOIAFACTIONS
NQTIFICATIONS BY RC
U. S. 'EPA IV MS JOHNSON
STATE OF NORTH CAROLINA D HNR-
2f-NOV-94 00:00 (91917335293

I- 1v j1 ;11-28-94 ; 10 :10 ; E P A REGION IV--, 919 733 9919 ; # 3/ 4 - -
INFORMATION SHOWN ON THIS FORM IS SUBJECT TO MINOR CHANGE
OFFICIAL 'NRC REPORTS ARE SENT TO VNTSC ON A DAILY 9ASZ
i
From: National Response Canter To: MS JO_HNSON
USCG AD Washington, D. C. 'U. S. EPA IV
1-800-424-8802 Incident Report * 270 89
INCIDENT DE N
*Report 'taken by ENS GILL at. 15, 43 on 26-NOV-e4
Incident Type: HIGHWAY
Incident Cause: DUMPING
Affected Area:,
The incident occurred .on 26-MOV-04 at 15: 00 local time.
Affected Medium: LAND
Rg CR'tI NG PARTY
NaMe: STEVE C.HENEY
Address: 19 GREEN RIVER COVE ROAD
SALU❑A, NC 28773 %
STEVE CHENEY called for the res onsible Pa
Day Phone: (704.) 7 88
CTED REERONSIBLE PARTY
Name: UNKNOWN
Type of Organization:
INCIDEAT LOCATIOL
GREEN RIVER COVE ROAD County: QLK
SALUDA, NC 28773
CHRIS Code: UNK
oty Released: o•UNK(S
sty in Water: 0 UNK(S)
CALLER REPORTS RP IS DUMPING PRODUCT
DAMAGE
Injuries: Fatal ties: Evacuations: Damages:
REME01AL���TIONS
UNKNOWN
N_OTIFTCATIONS BY CALLER
U. S. 'EPA IV
STATE OF NORTH CAROLINA I
26-NUV-94 00;00
NU TIFICATIONS BY NRC
MS JOHNSON
!HNR-
(91917335293

SEVT.-8Y-:E--R R B • ; 1-28-94 ; 10:11 E F A REGION IVY 919 733 9919;-r4r 41 4
-' �- _ r uyd e- WU
-�-"� INFORMATTpN SHC)W ON THIS FORM IS SUBJECT TO MINOR CHANGES
Q-FFICIAL NRC REPORTS ARE SENT TO VNTSC ON A GAILY BASIS.I
From:' National Re�pdnse Center To: MS JOHNSON-
USCG Ho Washingta li, O, C: U. S. EPA IV
1-800-424-8602 Incident Report # 0709 o
*Report taken by ENS Gi L atNUDE Ton0ESCRIPTIQN
INFORMAT'ION
CALLER GAVE AUTO LXC NU UER THAT MAY BE THE RF BK752z NC
w # END, INCIQENT REPORT # 27U989 s+►'

DEC 0 '93 09:3b CEN AREA F ASHEVILLE NC P.1
For cp..un omiy N.C.,Divlelon of Emaroenoy Management Emergency Report Form
EM��
en B • ' Date Rmei `1 Time Rptd
aa.d Occrd: I-AW`�.3 Time occrd: Day..Occrd: �r .
rnM16d1VV '
Rptd. By:
County
Event Type:
Weather:
Agency Phone:�7L) z913
City ��cr� ' EM Area f'
Chemical: () (T/F/O/U)
FNF Non-FNF SAR: Other.,
E
Ek I Locatio.
._L -- 1
n.6 .
0
NOTIFICATIONS:' Ym ON SCENE OR . 'A:' ADYI$Ed J
STATE AGENCIES NOTIFIED
.A/C: SHIP'. Env.'Mgt. ,� Waterer DRIP: _ CAP: _ DOT:
Other Mate Agencies:
LEMC: S0: PD:
Other'Local Agandes:
LOCAL AGENCIES NOTIFIED
L LFD: CHet3lth: Sewer:
PWRK:
Affected Pemons:'. v'Dwellings: Area Affected:...
State Assistance Requested:
.... LTR•
Deaths: -Injuries: Hospitalized: Evac: Business:
6..4fters:,..._ Put Shelter Locations, Nance of She3ter, and Number of8hekerees on baack. — —
�� 1
MW. or Call Bade info: nor R 19 3

CountyInformation taken by:
N. C. Division of Environmental Management
Emergency Report Form
\ Report Received From: Date/Time: AI4q
r,
i
Name: 6,7R WS X' /
Agency: - - - Mai Phone #:
Material Spilled: L-v 6!,fs �+v
Quantity: i C. L-51KIA4-
Location:
QL
Date/Time of incident: z'a� �T Z r-AS �.a.�s. .�Zu
Contained(Y/N-Type): N Cleanup Began (Y/N ): 1�
Other Details:
1 ,n .. - l�� � ��P� vl ( �►1 M. '•t,C' 1r�'�.i. !.l l � C , i��
Responsible for Spill: cg.—a�u1/
Address: --T,5 Z-0VJ City: 'S4�'1�%yrCw
Phone #:
Reason for -Spill: 29 — V
Regional Office: ARO MRO WSRO RRO FRO WARO WIRO
Regional Contact: tav RAJ%s _ Phone #:
Date/Time: g '?.���3
On site contact: Agency: Phone #
Other agencies involved/contacted: Check appropriate agency, give contact name,d'ate,time of contact_.
EPA Region IV - 404/347-4062-24 hrs
Emergency Management-733-3867 [�y
Solid and Hazardous Waste-733-2178
Water Supply-733-2321 SAY 2 8
Pesticides-733-3556
Wildlife Res. Comm.-733-7291 or 800-662-7231-both 24 hrs
Marine Fisheries-919l126-7021 • � � WATERY©�A�U J SIC ION
Other

-� FEB 2 6 1993
N® TH CAROLINA' DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY REPORT FORM
Taken By: ...1 P. Date Rptd: 93. 02 41 _ Time Rptd: lQ-'36
�Q�oaa ' Qa�cj,�
Reported By: � Agency. . ,�,�a . Phone: Tog - if • f2 0
Date Occrd: t3 Gx 2L Time Occrd: ; Day Occrd: r SJW�a
County: �e 1 to
DEM Area: .�
Weather: _ Chemicals: FNF:
nC,�U�Iti
Non-FNF: SAR: Others: C1ASD/i00F
Event Oescripttoh: lV brb .rJ 4 e
Event Location: (rs Ala Q I ti a—k—J'r
NOTIFICATIONS: Y= ON SCENE OR A= ADVISED
STATE AGENCIES NOTIFIED
A/C:_ SHP:--- Env.Mgt.- Water: _ _� RPS:_ — Land: DOT:
Other State Agencies: /YMIA
CAL AGENCIES NOTIFIEP.
LEMC: SO: PD: LFD: [CHealth: sewer: PWRK:
4—
Other Local Agencies: AID Ale -
Affected Persons: ` .n.Q&_ Dwellings: O =_ Area Affected:�a.lew
State Assistance Requested: w o LTR: -
Dead: ��_ Injuries D Hospital: in Evac: a Business: 1
Shelters: Ale r Put Shelter Locations and # S eft'
D
Misc. or Call Back Info:
* * *PUT ADDITIONAL OR MISCELLANEOUS INFORMTlolA� arL����� s's
LM-43 REV. 1218E

FEB 26 '93 12:57 CEM ARER F RSHEVILLE NC P.1
For vps.Use Only N.C. Division of Emergency Management Emergency Report Form
ITEM Level
Taken Date Rptd. 9,3 Time Rptd.
p X mrrvd yy
LDatOccrd: g� Time Ocord: Y � Da Occrd:U
�rn/ddfyy
Rptd. By: Agency.67? Phone:
County City EM Area
Event Type:
O� Chemical. �
Weather: �mT%FIl, r
9
FNF Non-FNF SAR: Other: MAR 0 2 '1993
IT UNIT
C
i
Event Location: -d'a-197
A/C: A- SHP:4—
Other State Agencies:
TIFICATIONS: Yap ON SCENE
STATE AGENCIES
Env. Mgt. Water
OR - A= ADVISED
NOTIFIED
DRP: _ CAP: _ DOT:4
LOCAL AGENCIES NOTIFIED
LEMC: SO: PD: LFD: CHealth: Sewer: PWRK:
Other Local Agenc es:
Affected Persons: Dwellings: Area Affected:
State Assistance Requested:
LTR:
Deaths: Injuries: Hospitalized: Evac: Business:
Shelters: Put Sheller Locations, Name of Shelter, and Number of Sheftere
Misc. or Call Back Info:
U
f T 1 c ,N
06V.11M • * *PUT ADDITIONAL OR FOLLOW -!UP INFORMATION ON BAC' HkYlll REGIOPdAL OFFICE

UPDATE ALERT EMERGENCY RESPONSE SYSTEM PAGE i
ACTION: i VIEW/UPDATE INCIDENT BY NUMBER
OPTION: TRX: 5EN KEY: 920394
ADFEi9i *** NO MODIFICATIONS MADE TO SCREEN ***
ID: 920394 TYPE: CHEMICAL %pILL DATE: 12/09/92 TIME: 8 80 AM
DIV NOTIF BYAM, WOOD/%PILLE REC BY COCHRAN/EM DATE i2/09/92 TIME 9 OO AM
REG NOTIF BY COCHRAN/EM REC BY PAUL WHITE DATE 12/09/92 TIME 3 30 PM
MATERIAL SPILLED:
(i) STYRENE BUTADIENE COPOLYMER EMUL%. QTY/UNIT: > 25 GAL HIS: N R/Q: N
(2) QTY/UNIT: 0 HIS: R/Q:
LOCATION NEW POLK CO. HIGH SCHOOL FOOTBALL FIELD
NEAREST CITY: COLUMBU% COUNTY: POLK REGION: 01
%PILLER: PRECISION SPORTS SURFACES, INC. TELEPHONE: [phone]
STREET P.O. BOX 55 CITY CHARLOTTE%VILLE STATE VA ZIP 22902
RESPONSIBLE PARTY: MICHAEL WOOD (REFER TO COMMENTS FOR ADDRESS)
NATURE OF SPILL: FIXED FACILITY CAUSE: EQUIPMENT FAILURE
SOURCE: STORAGE TANK ON TRUCK (DESCRIBE IN COMMENTS)
CONTAMINATION:%W/%PECIFY UT-WHITEOAK CRK CLASS: C GW; CLASS:
SOIL: AQ; OTHER: FISH KILL/ESTIMATED 0: O
CONTAINMENT (Y/N): N � METHOD:
CLEANUP (Y/N}:---- N METHOD:
BY WHOM:
DISPOSAL METHOD:BY WHOM:
CONFIRMED (Y/N):
%ITE
ACTION: i VIEW/UPDATE INCIDENT BY NUMBER PAGE 2
ADFEi9i *** NO MODIFICATIONS MADE TO SCREEN ***
INCIDENT --ID: 920394
RESPONSE (Y/N)� Y TYPE (I=INVE%TI�ATE, T=TELEPHONE}: I NOV SENT (Y/N): N
BY WHOM: DON R. PRICE DATE: 12/09/92 TIME: 5 30 PM
INCIDENT CLASSIFICATION (MIN=MINOR,MOD=MODERATE,MAJ=MAJOR): MIN
STATUS --CLOSED DATE: 12/10/92 E/A PENDING DATE:
OTHER: DATE:
INVESTIGATION COSTS: MANHOUR%: 5 $ 72.40 LAB COSTS:
MILAGE--- STATE: $ .00 PRIVATE: $ 20.00 OTHER: $ .0O
TOTAL COST OF EMERGENCY INVESTIGATION: ------- $ 92.40
OTHER AGENCIES INVOLVED POLK CO. EMERGENCY MGT,
NARRATIVE COMMENTS: APPLICATION TRUCK TANK VALVE FROZE OVERNIGHT AND BROKE.
RESIDUAL STYRENE COMPOUND LEAKED FROM THE TRUCK INTO A STORM DRAIN. HEAVY RAINS
CARRIED THE CMPD. OFFSITE AND INTO STREAM. NO DEAD FISH WERE OBSERVED.
CONTACTED MANUFACTURER OF THE CMPD. AND WAS INFORMED THAT IT IS NON -HAZARDOUS
M%D% SHEETS VERIFIED THIS. CMPD. DOES EXHIBIT HIGH BOD, HOWEVER, VERY LITTLE
WAS SPILLED AND THAT DILUTED SIGNIFICANTLY BY HEAVY RAINS,

DIVISION OF ENVIRONMENTAL MANAGEMENT P
COMPLAINT FORM
DATE
TIME
NAME OF CALLER / r X0 a/ 44 6-f7- S
ADDRESS
COUNTY i% d d ( , .
TELEPHONE NUMBER
NATURE OF CALL G, p�/J` d t 5 w � �o+- ('
�aAci Sc p, C,<O V
DIRECTIONS Z;�,Jvrn //2 �dx sC �o ��y�l% emsM kj n
/11_1AZ4&mn /5/ Gr/ e� d GuhL1" V/�G7G S r1h O (f I L �v�- �` , /l0 i2C • ���
ACTION TAKEN %UD p-, , , .
Vl j;j &I J,1 os s , (3 -12 ; 301 � �� lid Ja 4c,4a-�
a t! 1 tY ► vu,Q � � �� ��`� Gtfi�¢ r �r�J �� � s.eec�e� �► o,e �>> �� vp y� _
i It
DATE ACTION TAKEN
PERSON(S) RESPONDED_

r I
�S (its a �' �C,� J, .c i S l D e- ZV
ell
R'Gv,,O

Z-
I:4RTH CAROL:INA'DIVl ION OF ;EMERGENCYr MAi�AGEMENT
ENfERGENCY REPORT FORM
t
,�—�LL6 —".k
..Taken By „J _ Date Rptd. y r Time Rptd
R64
eported By c- h/u/jAgency.
r
Tlme 0ccrd;; DG� Day Occrd.
�'� - DEM Area
County'
1.1
.WeathersChemicals FNF.y Y
_
Non=FNFOthers
Event Description• o
JJ `a 4
. 1J
41
ve tl'0
,.:' - ..•'. Tf t _'tom - 1.'i ..'.• i, .' :. r.
.NOTIFICATIONS tY ON SCENE:OR A= ADVISED:
STATE AGENCIES NOTIFIED
A/C: �;SHP - ;Env.Mgt Water-: RM.,
Land DOT
Other` State Agencle§
LOCALE AGENCIESNOTIFIED
LEMC " 01,
T_�_
Sewer: PWRfC:
Other Local Agencie
-• r 7 ;i. tt:j { *'� 4 ( t _ fit. � - _
Affected Persons: Dwellings: d: _
Area Affecte
State. Assistance. Requested: t +, ; LTR.
Dead,',..Injuries Hospital• = Evac• Business•
Shelters r Put Shelter Locations arid# Shelterees on Back
il
Misc 'or Call Back Info /
d r/� o• ..
Pilf /1►DI71TInNA1. [1R MICR�1.1 AN�t•11 IC. INRf115MeT1[1N nN Ref`1[

at rd: 3 Ttme aoord: L Day_bcord:/LC
m
Rptd, By:Ova-Agency Phone:
County >` J _J City1H t EM Area
Event Type:
Weather: y Chemical: (T/F/O/U).
4
FNF Non-FNF SAR: Other:
E
Event Location:
0
NOTIFICATIONS: - Yu ON SCENEOR Ar_' ADVISED
STATE AGENCIES NOTIFIED
ED
1993
ASSESSMENT UNIT
AIC: BHP: Env. Mgt. Waterer DRP: CAP: OOT:._....
,Other State Agen es:
LOCAL AGENCIES NOTIFIED
LEMC: So:,,_ P0: VD: ,"_ CHeatth: __... Sewer:— - PWRK:
Othertocal Agencies: -
r
Affected Persons: Dwellings: Area Affected:___.
State Assistance Requested:
M- R..,nibnWN
•Deaths: - -injuries: Hospitaalized:_ Eves:
Shelters:Put Shelter L=Wbm, Name of Sheher. and Numtier of Shekwm
_. M w. or CaA Bads Irdo:

PIP'( 24 " . Gt' . 12 CEM AREA F" A HEVILLE f1C P. 1
NORTH CAROLINA DIVISION OF EMERGENCY MANAGEMENT
L EMERGENCY REPORT FORM
�.
Taken By: . ' Date Rptd: 13 ply" jir Time Rptd: D /
Reported By: C'. J . Agency: C , S. fJ Phone: - c . 6!. I
Date Occrd: "
x�.d� j. $ Time gccrd: b7do
County:
Weather:
Day Occrd: Ja
OEM Area: 1—
Chemicals: FNF:
Non--FNF: SAR:
Others: 1�7'be
La1'
,ll �cr
Event Description: Ll Ywa 1S i`'
l T'e p�s.11 r��ld
�)e J Ii�
"r9A� 10,ox
LrS eu7' "~o S I se. S�gos _ k GU A*[ Pn il V;td Q Jg m u
SAr l�,n/ a �bo�sY S��x G12110,Vg Q*r 611
Event Location:
��S..i y:1 . •tom � ,_(
�4i ell
NOTIFICATIONS: Ye ON SCENE OR A= ADVISED
STATE AGENCIES NOTIFIED
A/C:� SHP: Env.Mgt. Water: RPS: Land: b4T:
Other State Agencies: _&-
LOCAL AGENCIE5 NOTIFIED
LEMC: .SO: PD: LIED; CMesith: Sower: PWAK:
Other Local Agencies: c i"
Affected Persons: Dwellings:_ rj, Area Affected: EM 1� '
Efate Assistance Requested., J)J rg a y'ie NQ / S , 4 nfj4 /- LTR:
Dead: Injuries D Hospital: D Evae: D Business:
Shelters: C Put Shelter Locations and # 8he ea�ypQ k.
Misc. or Call Back Info:
PUT ADDITIONAL OR MISCELLANEOUS INFORMA
EM-43
REV. 12/88

01 '93 10-:31 CEN AREA F A'SHEVILLE NC P. 1
For Sao N.C. Division of Emergency Management Emergency Report Form
am Vol
Date Rptd. lime RPtd.
m
'eteOccrd:L_3/,3/ TirneOccrd: 21oe�) Day Occrd PR -81993
AR&"/d&YY
RpId. By: Agency Phone: U SECTION
ASH ►EGIONpL OFFICE
County' zz� City ESA Area
Event Type., Chemical:, (T/F/O/U)
Weather:
FNF Non-FNF SAR: Other:
Event Description.
7b
ent Locatlow
NOTIFICATIONS.; Y= ON SCENE OR As ADVI59L
STATE AGENCIES -NOTIFIED
141C
A/C. Dpp- CAP: DOT: SHP: Env. Mgt. Water
Other State Age
LOCAL AGENCIES NOTIFIED
CHsaith'. Sewer PWRK
LEIVIC:��_ So:— PD: LFD:
Other'cal Agencies:
Affected Persons: Dwellings: Area Affected:
State Assistance Requested:
LTR:
Deaths: Injuries: Hospitalized: EvaC: —Business:
Shelters: Put Shelter Locations, Name of 5he0r, and Number of Sheherees on back.
JIsc. or Call Back Info:
PUT Aoulliq#"L OR FOLLOW-UP INFORMATION ON BACK ititk"'! 4�-1
cu-AOA imw- 1&21 c94AUx=a Z W,20

County
Information taken b
N. C. Division of Environmental Management
Emergency Report Form
Report Received From: Date/Time:- V11-5
Name:
Agency: Phone #:
Material Spilled:_
Quantity:
Location: Par- o /e f e,jsf �7 C'o%n• des
Date/Time of incident: 7 "3 O 4 "i
Contained(Y/N-Type): Cleanup Began (Y/N):
Other Details:
Responsible for Spill:i%
Address:
Phone #:
Reason for Spill:
City
Regional Office: �R MRO WSRO RRO FRO WARO WIRO
/ ►Gi /Gi ��1 G ✓ Pf�
Regional Contact: Phone #:
Date/Time: �/93
On site contact: T� C'v��� Agency: Phone'#
Other agencies involved/contacted: Check appropriate agency, give contact name,date,time of contact.
EPA Region IV - 404/347-4062-24 hrs �
Emergency Management-733-3867 -
Solid and Hazardous Waste-733-2178 -�
Water Supply-733-2321
Pesticides-733-3556 FFI-VIATERQUALITY
993
WildLife Res. Comm.-733-7291 or 800-662-723 1 -both 24 hrs
Marine Fisheries-9191126-7021
Other - ?, R mC-AI n'FfP.12

SENT BYTE R R B 1-10-94 ; 10:03 E P A REGION IV- 919 733 9919;* 1/ 1
4)2: 4o PH EST
INFORMATION SHOWN ON THIS FORMIS T TOSVNTECT,TOSC ONAMINO.DAILCHANGES-
OFFICIAL NRC REPORT. ARE
B.
To , M5 3OHNSON
From; Nation6l.Response i;enDtCt" . U.S. EPA IV
USCG'HQ Washington, Incident Report a15907
1-800-424-8802 FTS p_oa-667-2675
�. YUCI� DENT VDESCRIPTION
*Ropart taken by PSC JONES at 13~:52 nn 08-JAN-94
Incident Type: HIGHWAY Affected Medium; LAND
Incident Cause: UNKNOWN ;
Affected Area.. ASPHALT
The incident occurred on 08-JAN-J4 at 12:59 local tine.
REPORTING PARTY.
Name: 3CYCE TRAVIS
Address: 2 NORTH STREET
TRAILER NO 5
SPARTANSBURG, SC 25304
Day Phone: [phone]
SUSPECTED RESPONSIBLE PARTY .
Name: UNKNOWN
Orgonization: ASSOCIATED PETRIOLEUM CAR.
Addre98; PO BOX 290L3 1746 UNION ROAD;,
SPARTFINS BURG, SC 29304
Day Phone: [phone] JAI
Type of Orgdniza.ticn: PRIVATE. ENTERPRISE —
�-- INCIDEN'T L.00ATXON
���lul !TIES �'SSESS"�tEP1T L;+;IT
EAST BOUND LANE DCounty: POLKF I 26 Dietance From City: 5. 00 "MI
Direction from City: E
TRYON, NC
RELEASED MATEELL-(SI
CHRIS Code: 7'EO TETRAETHYL DITHLOPYROPHOSPHATE UNK(S)
bty Releaped: .00
UNK(s) oty in Waters .00
SOURCElCAUSE O�FiNCIDENT
TRANK TRUCK/ DISCHARGE OF PRODUCT WHILE UNDERWAY
. ' OHMAGE
Injuriee: Fatalities:
Evacuations: Damac}es;
REMEDIAL_ ACTIONS
NONE;
NOTIFICATIDNS BY CALLER
' NOTIFICA7LDN5 9� R
U. 5.. EPA IV
MS JOhINSgN
09-3AN-94 14:40 _—
r----"' DITIONAL• INFORMATION
ADM (�
PLACARDED __1703 TANK
*so END INCIDENT REPORT' # Si5807 U
JAN" I -319-
WATER UALITI' SECTION
A.
ASHEIlILL REGIONAL OFFICE "

c
DEC '2 ' ?0a $9 CEN AP A F SHEVILLE NC
�r ops.ua ony N.C..DIVISion of Emergency Management
P.
Emergency Report Form
aken y: .Date Flptd. 1 v Time Rptd.. CV ;
Date Occrd: 3 Time Occrd: 9'; /J Day-Occrd: IT01 ; 51994
rfinVddhyy
k U.0
k
Rptd: By: Agency Phone: --- WATER OUALiTY SECTION
��.i�L�� nEGIOFIAL OFFlCE
County Q City — EM Area,.
Event Type: (TIF/OIU)
Weather: Chemical:
FNF Non-FNF SAR: _ Other:
Event Description: a f
Event Location:.
00
NOTIFICATIONS; .Yz ON SCENE OR As' ADVISED
STATE AGENCIES NOTI-FIED
.AIC: SHP: Env. Mgt. Waterer DRP:. � CAP: �. DOT:
Other State Agencies:
LOCAL AGENCIES NOTIFIED
.LEMC: SO: ____ PD: VD: _____ Wealth: Sewer:,, PWFIK: „
Other Agencies:
Affected Persons*,, Dwellings: Area Affected:
State Aesistanoe Requested:
LTR:
Deaths: -injuries: _ .HoepitWU*d:,, _ Evan: ._.,_8ueinese:
.L I
1993
Shoham: Put Shelter Location:, Naof Shelter, and Number of Shofterees on bock._
me
Miso. or Cali Bads Info: _
�rt�iIL"T1_J P.S +71 T i 1 i

rEM'LeveL
or Ops.Uso Only N.C. Division of Emergency Alanagement ••• Emergency Report Form
/-,XCi7
Taken By: (��- Date Rptd. Time Rptd. 5.`�
m/dd/yy
ite Occrd: Cr Time Occrd: Day Occrd: r-1
m dd/ y
_ ��
Rptd. By: �� Cc)c J1 Caa ..Agency G �/1 Phone: �� ,�
County Ik City_ EM Area _
Event Type: ---
Weather: Chemical:
FNF Non-FNF SAR: Other:
9
Event Description:
f-0,� f ; e-ea
c - ( --
Event Location:-
�i 7 n /Y
(T/F/O/U)
NOTIFICATIONS: Y= ON SCENE OR A= ADVISED
STATE AGENCIES NOTIFIED
A/C: ✓I SHP: Env. Mgt. Water DRP: - CAP: _ DOT:' —
Other State Agencies:
LOCAL AGENCIES NOTIFIED
LEMC: SO: PD: LFD: CHealth:. Sewer: PWRK:
Other Local Agencies:
Affected Persons: Dwellings: Area Affected:
State Assistance Requested:
LTR:
Deaths: Injuries: Hospitalized: Evac: Business:.
Shelters: Put Shelter Locations, Name of Shelter, and Number of 8heNerees on back.
1isc. or Call Back Info:
• • PUT ADDITIONAL OR FOLLOW-UP INFORMATION ON BACK " •
EM43 (rev. 1/92)

For Ops.Use Oniy N.C. Division of Emergency Management. '"• Emergency Report Form
EM Level / 41,C D
Taken By: C-y- Date Rptd. 7,!>19"5 Time Rptd. 1 �5
nvdd/yy
ate Occrd: ` , Time Occrd: Ste_ Day Occrd:
m My
Rptd. By: � CC) C 1 CrAgency 6 IV A Phone:
County l�
�- City :)a 11.,J� EM Area F
Event Type: 7 T/F/O/U
Weather: Chemical: i
FNF
Event Description:
Event Location:
Non-FNF SAR:
Other:
NOTIFICATIONS: Y= ON SCENE OR A= ADVISED
STATE AGENCIES NOTIFIED
A/C: A SHP:—)L Env. Mgt. A Water
Other State Agencies:
LOCAL AGENCIES
LEMC: SO:, I D: LFD: CHealth:
Other Local. Agencies:
Affected Persons:
Dwellings:
DRP: — CAP: _ DOT: _
NOTIFIED
Sewer: PWRK:
Area Affected:
State Assistance Requested: bn/7
LTR:
Deaths: Injuries: _�-_ Hospitalized: Evac: Business:
Shelters: Put Shelter Locations, Name of Shelter, and Number of Shelterees on back.
disc. or Call Back Info:
J
•' + OUT ADDITIONAL OR FOLLOW-UP INOORMATION ON BACK •
EM43 (rev.1192)