Haywood Co. Complaints - Lake Junaluska Assembly Fish Kill

saturuay
July 3, 1999
Lake Junaluska
Assembly fined
for big fish kill
Assembly claims $19,628 penalty excessive;
virtually all of lake's fish died in incident
By Tracy Davis
STAFF WRITER
LAKE JUNALUSKA — After a
November drainage. killed
almost all fish in the lake, the
state Division of Water Quali-
ty has fined -the Lake
Junaluska Assembly $19,628
— nearly the maximum allow-
able fine.
Lake Junaluska was
drained last November for
repair work, supervisors said
then. But below the dam, dead
fish choked Richland Creek
and washed ashore. -
Responding to down-
stream residents' complaints,
state water quality investiga-
tors found the drainage had
killed about 88,210 fish: most,
if not all, of the lake's fish. The
lake was stocked by the state
Wildlife Resources Commis-
sion.
"If you have too much sed-
iment it can choke life," said
Ernie Seneca, spokesman for
the state Division of Water
Quality. "It killed a heck of a.
lot of fish, it damaged the
stream, and it shouldn't have
happened."
The assembly, a non-profit
organization and Methodist
retreat, could also be facing
charges for fish replacement
costs — up to about $32,000,
Seneca said.
"We feel that the fine .is,.
excessive and without merit,
because they have, fined us for
two days, rather than one inci-
dent," said Joetta Rinehart,
director of public relations
and development for Lake
Junaluska Assembly. "I think
everybody knows we spend
$35,000 a year on silt removal
caused by parties in the coun-
ty other than us. We would
hope the state would be more
aggressive with helping us
(with those problems)."
The assembly has passed
the matter along to their
lawyers.
The. fish kill likely hap-
pened because water was
released from the dam too
quickly, which stirred up sedi-
ment and killed the fish.
The state's turbidity sam-
ples — measurements of
stirred -up sediment'Tarticles
— revealed levels 50:percent
higher than state standards.
The assemblyhas:-30 days
to respond. They can =.pay the
fine, request` ari :'adnni
nistra-
tive hearing, mitigation or
remission.
The fine, assessed! against
the Southeastern Jurisdic-
tional Administrative Council
Inc. which oversees assembly
operations, is 95 percent of
the maximum allowed under
state law.
Call Tracy Davis at 452-1467 or e-
mail [e-mail]

A06
THE UNITED METHODIST CHURCH
SOUTHEASTERN JURISDICTIONAL ADMINISTRATIVE COUNCIL
MINISTRY DIVISION
January 4, 2002
Mr. David Baker
US Army Corps of Engineers
Regulatory Branch
151 Patton Ave -Room 208
Asheville NC 28801
Re: Lake Junaluska Assembly
Dear Mr. Baker:
As per our discussion, please be advised that the Lake Junaluska Assembly is
withdrawing its 2001 request for 401/404 permit for silt disposal and culvert installation.
Also, in accordance with it's 1994 permit, the Lake Junaluska Assembly will again lower
Lake Junaluska and remove sedimentation accumulated in the Lake near the mouth of
Richland Creek. The maintenance dredging operation will begin on or about Jan 18,
2002, and be completed before April 15, 2002.
Sincerely,
Chet Hollomon
Executive Counsel
d 9T
Mr. Scott / Y i

MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non -Discharge Branch WQ Supervisor: Forrest Westall
Date: 1&&dt))
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS i
F-39-7--p-7-0 _NF__F_5_-16 F _B_F_ F40—,305. F_ F—F 0.00 F 0.00
.. ............... ............ ......... .
.. .................
Mitigation ft n****.-..
...... ..................... ..................
.............. . .. ..... ...... .. ..................... .........
...... . ..... Y.P.- ... ......
....... .....
P
A
T ...... ti ..*. e*.$".*."''.,.,.,.-,. ......
.... ............ ....... .. _. - . ............... . . .................. ......... ......
. . ..................... ..................... ........................
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y * N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
........................... - ........
................... ... _._ .......
... W.._ ..........
Provided by Region: Latitude (ddmmss) *-.'-.'% ........ "..­'­ ...... Longitude (ddmmss)
.............................................
Comments:
cc: Regional Office Page Number 1
Central Office

November 20, 2001
MEMORANDUM
TO: Forrest Westall
Asheville Regional Office
FROM: John Dorney c-
RE: 401 Certification Review
Attn: Mike Parker
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
f
I!
NOV 2 i 2001
VAT Eri CIUM-ITY SECTION
1
R rE i0NAL OF RCF i
Please review the enclosed 401 Certification applications by the dates listed for each project. Please call me if
you or your staff have any questions, or need assistance in these reviews.
Please complete the staff report and recommendation form on Filemaker Pro.
1. Lake Junaluska
00-1591
Haywood County
2. Rock Creek Subdivision
01-1698
Henderson County
Central Office Received 11 /16/01, clock expires 1 /15/02
Need RRO comments by 01/02/02
Central Office Received 11/19/01, clock expires 01/18/02
Need RRO comments by 01/04/02
The other enclosed material is for your general information and use as appropriate.
Enclosures
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
non moo I�.a non -goo aono /a....% L.H...//ten,. ..... .........e.i... A-1

Triage Check List
Date: '
To: ❑RRO Steve Mitchell Project Name
❑FRO Ken Averitte DWQ Project Number
❑WaRO Deborah Sawyer County
❑WiRO Joanne Steenhuis
❑WSRO Jennifer Frye
RO Mike Parker
❑MRO (7ofwe')
From: Telephone 919 733 U�
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
❑ Stream length impacted
❑ Stream determination
❑ Wetland determination and distance to blue -line surface waters on USGW topo maps
minimization/avoidance issues
❑ Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
❑ Pond fill
Crtitigation Rfft s
❑ Ditching
❑ Are the stream and or wetland mitigation sites available and viable?
❑ Check drawings for accuracy
❑ Is the application consistent with pre -application meetings?
❑ Cumulative impact concerns
---Comments
-- ------ _�--------- - - -- - --------
-

® North CarolinaWildlife Resources Commission
Charles R. Fullwood, Executive Director
Mr. David Baker
U. S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Chi : Im
November 16, 2001
Lake Junaluska Assembly 404 Application -
Culvert Installation and Fill UT to Lake Junaluska
Haywood,,County, North Carolina
Dear Mr. Baker:
Lake Junaluska Assembly is requesting a letter of concurrence from the North Carolina
Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U. S. Army Corps of
Engineers. I have reviewed information provided by the applicant, and I am familiar with habitat
values in the project area. A site visit was made on October 26, 2001 to further assess the
potential for fish and wildlife impacts associated with this project. These comments are provided
in accordance with provisions of the Clean Water Act of 1977 (33 U.S. C. 466 et seq.) and the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The applicant is requesting to install 250 feet of pipe in an unnamed tributary to the
Factory Branch arm of Lake Junaluska. The purpose of this request is to provide a place to waste
dredge material from Lake Junaluska.
The proposed impact site is at the head of a cove that begins at Susie Gap. The stream
appears to be a spring seep. Flowing water was present the day of the site visit; however, the
stream is not of sufficient size in this reach to provide habitat for fish. No insects were detected-,
however, what appeared to be a crayfish burrow and several salamanders were observed within
the channel. At a point approximately 2000 feet downstream, there is good flow and aquatic
insects were present. The impact area is approximately 4000 feet upstream of the confluence with
Lake Junaluska. There already has been some use of this area for construction debris disposal.
Concrete with reinforcement metal, asphalt, rock, brick, various yard waste and an old metal .
Culvert were observed; in addition to the loose dirt that was deposited'on the steep slope: Erosion
and sedimentation control is'currently.lacking at this site. Some'ofthe stream channel may have.:
been impacted already. The cove is currently wooded -with high quality oaks: on'the drier slopes
and tulip poplar and maple dominating on the mesic sites along the strearri. "
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
TP1PnlhnnP• (919) 733_3A33 P\'t. 281 • Fax: [phone]

Lake Junaluska Assembly 2 November 16, 2001
Sediment Wasting, UT Lake Junaluska
We are concerned about the potential adverse impacts to habitat at the site and
sedimentation downstream of the waste area. The proposed disposal site is steep and the
potential for erosion and sedimentation to downstream habitat and back to Lake Junaluska is of
concern. If the earthen dike that will be required to hold the waste sediment fails, the entire creek
could be adversely impacted. The sediments will flow in short order back into Lake Junaluska.
With a catastrophic failure, a fish kill within the lake could occur.
The permit (COE Action ID. 19950392) under which the dredging is authorized includes
special condition number eight that states: "All dredged material will be disposed of at the Town
of Waynesville landfill or another approved upland disposal site." It is our understanding that this
condition is typically included in lake and pond dredging projects. We believe that this is an
important condition that is imperative to include in such projects to prevent significant adverse
impacts to wetlands and streams. We strongly support the inclusion of this condition on dredge
projects.
We concur with special condition number eight in the original_ permit. Therefore, we are
unable to concur with the issuance of this permit to facilitate disposal of dredged material from
Lake Junaluska in the unnamed tributary to Factory Branch because the requested permit is
contrary to this special condition.
We have recommended two alternatives to Lake Junaluska representatives. One is
disposal of sediments on upland agricultural fields outside of the 100-year floodplain and
incorporating this material during farming operations. A second alternative is the construction of
spoil islands and/or littoral shelves within Lake Junaluska. If feasible, this alternative has the
potential to provide a number of benefits to fish and wildlife, to help protect water quality, to
enhance aesthetics and to significantly reduce risks and costs associated with transporting the
sediments. There is also a large flat area along Factory Branch just upstream of the lake that
appears to be part of the Assembly property. This area could possibly accommodate a significant
amount of dredged material and would be close to the dredge site. A buffer would need to be
maintained along Factory Branch to protect the creek and lake.
Thank you for the opportunity to review and comment on this project. Pending
availability of field staff, the NCWRC may inspect the work site during or after construction. If
there are any questions regarding these comments, please contact me at [phone].
Sincerely,
Gccr_ �c�C,c�
Owe-F. Anderson
Mountain Region Coordinator
Habitat Conservation Program
cc: Lake Junaluska Assembly, Applicant
Mr. John Dorney, Division of Water Quality Raleigh
ke ar '�e" r i isgon of W`at`�e �(e—u-R ti 4 shev' 1e'

RC,F
CONSTRUCTION
COMPANY
NOVEMBER 14, 2001
DWQ #01-1.591
HAYWOOD COUNTY
R.C.R. INC.
GENERAL CONTRACTOR - CRANE SERVICE
P. O. Box 3157 - 560 Hazelwood Avenue
Waynesville, North Carolina 28738
828-456-9570 FAX [phone]
Email Address: rcfconstCcabellsouth.net
Web Address: www.rcfconstruction.com
DIVISION OF WATER QUALITY
WETLANDS1401 UNIT
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699-1650
DEAR SIRS:
IN REFERENCE TO YOUR LETTER OF NOVERMBER 6, 2001:
Gary D. McKay, E.E.
President
07
� l
THE PURPOSE OF THIS CONSTRUCTION IS TO PROVIDE A
DISPOSAL SITE FOR SEDIMENT REMOVED FROM LAKE
JUNALUSKA. THE REMOVAL PROJECT WAS BEGUN IN 1994
WITH A 404 PERMIT. THIS PERMIT EXPIRES IN 2004.
APPROXIMATELY 5000 CU. YDS. OF SEDIMENT IS
DEPOSITED IN LAKE JUNALUSKA EACH YEAR FROM
UPSTEAM EROSION.
2. THE SITE PLAN ATTACHED SHOWS THE AREA IMPACTED.
THIS AREA IS NOT A BLUE LINE STREAM ON THE U.S.G.S.
MAP, BUT THERE IS INTERMITTENT FLOW IN A CHANNEL
APPROXIMATELY ONE FOOT WIDE.
SINCERELY,S�
AR D. MCKAY,
PRESDENT

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O Gregory J Thorpe, Ph.D.
Acting Director
Division of Water Quality
November 6, 2001
DWQ # 01-1591
CERTIFIED MAIL -RETURN RECEIPT REQUESTED Haywood County
Lake Junaluska Assembly
P. 0. Box 67
Lake Junaluska, NC 28745
Dear Sirs:
On October 31, 2001, the Division of Water Quality (DWQ) was notified by receipt of your applications regarding your plans to
impact 250 feet of stream and 0.05 acres of wetlands. for an unclear purpose in Haywood County. Approval from DWQ is required to
impact these waters. Please provide seven copies of the following information and refer to the DWQ number listed above in your reply.
Your application is not complete because
1. You have not described the purpose of the fill, and
2. Have not provided a site plan which shows where the impact will be located.
Please call me at 919-733-1786 if you have any questions or would require copies of our rules or procedural materials:: This project
will remain on hold as incomplete in accordance with 15 A NCAN 2H .0505 ©. The processing time for this application will begin when
this information is received. If we do not hear from you within three (3) weeks of the receipt of this letter, we will assume that you no
longer want to pursue this project and will consider it withdrawn.
cc: Ashevfle DWQ Regional Office
Asheville Corps Engineers
Central Files
File Copy - +
Gary McKay; RCF, Inc.; P. 0. Box 3157; Waynesville, NC 28738
Wetlands/401 Unit 1650 Mail Service Center Raleigh. NC 27699-1650 Ph: [phone] Fax [phone]
AM
Customer Service

LL -
4.1 3,y 0 0
Irai
ip
I to
ish 276
mipldr e,
�- •(htire'.h
2
A
Q�N

iaKea R, wp - \ - i� j// ` ; Ip\`� , „ A'reajora�
CO
i�•� . ��` -1� ��. ,� � � (` -- -� �! �-���` \AVER M le
Silo
61
ol
/ e e '
i Hill I O x Cho
• � S I / ,r I 1:r� r v �� � "� �. \ /ll ::a \ 11 of i ��~\\
0,YA
u , outi centeC� ' Z u S�lCI } 2565.r ¢ •° J/; u / l
/�� . An . • �. Pool;=#�� ,F� � ��i��` `"�` rs a =BM N � . �`�� : �� .
_ •\`� a, �° Y 8 �,f <r:-' ,. TESL""'Elr% 2562 25 �•� r • � � . p L
` • 3 • A{ I , S � t � F� (" .. • • // � t'F N `C � , �'� �•ll.�i•. I I�'l l](JI� ,
_ : ��• Trail • v / ` "� i Y ` Y • / . , • _ " .J/1 II' 77
J\,\`tea
�sr�4 j oa nChur h0 1•• ° Golf /I' /� / .-,`•_�' i ✓ 1 f f
%%
..� �� r
• . ' ��, � a i ,::. ; •,� . � � air--- ,_, - R�r�� ° % `y; _p��\ _° R_ Jam.., •.Ir • :1 �`� ',":, v\\Hli� �.��=a= .+' 0° .(„1�,�`.�T'�A�
; �: • \ �' � r _,_,_ =.��`f" err
/ice o � �'- ` -B' L • -�-"
`� • . • ur`c •ii 'i d�' ° i err lam_, ': �'. \r
as
MIT 11
r
A.
/ p H' c�Nt,"I morial /• .0 �, `` ii 1 lV . , ° yam+; .� ,
't Gaffe ° ' \` ° . " �23
dio
��Is!c. .ua,• •u. ° `r�>.-4�R2�� - \/i: �✓ r f /� I �
Raffliffeo"2>sm /
I �J •'t. �o � �-\ t � l'-r� r:JI/� .i' '\ / `,—gym / ��
l) \`^}!i�;� /i\-'�- • •��� •� .. - it aYl�VI It. - --. i //'� / �•% / � .. " I :;• L

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of VJater Quality
November 15, 2001
Mr. Chester D. Holloman
Lake Junaluska Assembly
PO Box 67
Lake Junaluska, NC 28745
Subject: Payment to Wetlands Restoration Fund
Lake Junaluska
Haywood County
Dear Mr. Holloman:
The North Carolina Wetlands Restoration Program (NCWRP) received an November 1,
2001 letter requesting concurrence that the NCWRP accept payment for the compensatory
mitigation requirements for Lake Junaluska development in Haywood County. Based on
information provided by you, approximately 250 linear feet of stream in cataloging unit
06010106 of the French Broad River basin will be impacted resulting in the need for 250 ft of
mitigation.
The long-term goal of the NCWRP is to be able to accept payments to satisfy
compensatory mitigation requirements throughout North Carolina. However, at this time the
NCWRP is unable to provide this service throughout the state. The Memorandum of
Agreement with the U.S. Army Corps of Engineers (COE), which allows payments to the
Wetlands Restoration Fund, requires that the compensatory mitigation performed by the
NCWRP be within the same cataloging unit as, the impact. At this time the NCWRP does not
have any stream impacts or potential stream restoration projects within the respective
cataloging unit mentioned above. Therefore the NCWRP is unable to accept payment for
this project unless the COE will allow the mitigation to be performed in the adjacent
cataloging unit 06010105. Language to this effect will need to be inserted into the 404
permit. .
- We appreciate your interest in the Wetlands Restoration Program and regret that the
NCWRP cannot accommodate your request at this time. If you have any questions concerning
this matter please contact me at [phone].
Serely,
Ronald. E. Ferrell
Program Manager
Cc: Rob Ridings, DWQ-401/Wetlands Unit
Dave Baker, USACOE-Asheville '
i'ke P_ar er, DW"Q,_tRO
Wetlands Restoration Program '1619 Mail Service Center Raleigh, NC 27699-1619 :(91.9) 733-5208 Customer Service
320 West JonesStreetRaleigh, NC 27603 fax: [phone] 623-7748

RCf
CONSTRUCTION
COMPANY
NOVEMBER 14, 2001
DWQ #01-1591
HAYWOOD COUNTY
R.C.R. INC.
GENERAL CONTRACTOR - CRANE SERVICE
P. O. Box 3157 - 560 Hazelwood Avenue
Waynesville, North Carolina 28738
828-456-9570 FAX [phone]
Email Address: rcfconst0bel[so uth.net
Web Address: www.rcfconstruction.com
DIVISION OF WATER QUALITY
WETLANDS/401 UNIT
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699-1650
DEAR SIRS:
IN REFERENCE TO YOUR LETTER OF NOVERMBER 6, 2001:
Gary D. McKay, P.E.
President
THE PURPOSE OF THIS CONSTRUCTION IS TO PROVIDE A
DISPOSAL SITE FOR SEDIMENT REMOVED FROM LAKE
JUNALUSKA. THE REMOVAL PROJECT WAS BEGUN IN 1994
WITH A 404 PERMIT. THIS PERMIT EXPIRES IN 2004.
APPROXIMATELY 5000 CU. YDS. OF SEDIMENT IS
DEPOSITED IN LAKE JUNALUSKA EACH YEAR FROM
UPSTEAM EROSION.
1
2. THE SITE PLAN ATTACHED SHOWS THE AREA IMPACTED.
THIS AREA IS NOT A BLUE LINE STREAM ON THE U.S.G.S.
MAP, BUT THERE IS INTERMITTENT FLOW IN A CHANNEL
APPROXIMATELY ONE FOOT WIDE.
SINC RELY, (7
�AR/D.MCKAY,
PRESDENT

c9 Michael F. Easley, Governor
OG William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
� r
O Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
November 6, 2001
DWQ # 01=1591
CERTIFIED MAIL -RETURN RECEIPT REQUESTED Haywood County
Lake Junaluska Assembly
P. 0. Box 67
Lake Junaluska, NC 28745
Dear Sirs
On October 31, 2001, the Division of Water Quality (DWQ) was notified by receipt of your applications regarding your plans to
impact 250 feet of stream and 0.05 acres of wetlands. for an unclear purpose in Haywood County. Approval from DWQ is required to
impact these waters. Please provide seven copies of the following information and refer to the DWQ number listed above in your reply.
Your application is not complete because
1. You have not described the purpose of the fill, and
2. Have not provided a site plan which shows where the impact will be located.
Please call me at 919-733-1786 if you have any questions or would require copies of our rules or procedural materials:: This project
will remain on hold as incomplete in accordance with 15 A NCAN 2H .0505 ©. The processing time for this application will begin when
this information is* received. If we do not hear from you within three (3) weeks of the receipt of this letter, we will assume that you no
longer want to pursue this project and will consider it withdrawn.
cc: Asheville DWQ Regional Office
Asheville Corps Engineers
Central Files
File Copy
Gary McKay; RCF, Inc.; R. 0. Box 3157; Waynesville, NC 28738
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax [phone]
AM
Customer Service
1 800 623-7748

MA, 0
a
CL -
a
T i ra
p •
5;ol
J
�Sil 276
r e
ftil Chur,h
W , W11
CLA

OF
' Gp5P5 Gx�.
WAT��
�G
Pre -Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.g=.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.g=.mil/wetlands/regiour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12 PAYMENT
'EJVEDI

CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USAGE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http`//www.saw.usace.g=.mil/wetlands/`nnfinalFedReg_12
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant•'. This may include a 401 Certification, an on -hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12

Office Use Only: Form Version April 2001
0.115,91
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
Section 404 Permit
❑ Section 10 Permit
0401 Water Quality Certification
❑ Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: 2'
II. Applicant Information
1. Owner/Applicant Information t
Name: .«l e'er-T�%iJ/� L c%S X, /I 2! L
Mailing Address: 7
, e-, z% 7VS
Telephone Number: 7 z 8 - !KS-2 - Z 72'/ Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If fiill-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: 444Y-,C r>-5.ed� - 6) d�
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 6,
® TX - 413 6 1/
1-4 14,r
4. Location
County: Z�, Nearest Town:
t1lelY
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
Ozz> 604
7-29
5. Site coordinates, if available (UTM or Lat/Long): IV 3 :5-
0 3 Z
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
7. Property size (acres): : - , ; ;
8. Nearest body of water (stream/river/sound/ocean/lake): zrj.>
9. Diver Basin: fie- �9— /
(Note - this must be one of North Carolina's seventeen designated major river basins. The
Diver Basin map is available at http://h2o.enr.state.nc.us/admin/mVs/.)
Page 4 of 12

10. Describe the purpose of the proposed work: D-Or-7-
11. List the type of equipment to be used to construct the project: -io agr /7ZVe laP{
12. Describe the land use in the vicinity of this project: eJoo17 44AZb
IV. Prior Project History
V. y
VI:
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Future Project. Plans , .
Are airy additional permit requests anticipated for ahis project in the future? .If so, describe. the
anticipated. work, and : provide justification for 16e exclusion of. this :work from the :current
application: - =%✓O i✓E
It is the ;:applicant's (or agent's). responsibility. to determine, delineate and map all impacts to
wetlands, open water, and stream. channels associated with the project. The applicant must also _.
provide. justification for these impacts in Section VU below.. All proposed impacts,, permanent
and temporary, must be listed herein, and must be clearly identifiable on 'an accompanying site
plan.,.- All wetlands and waters, and all s (intermittent and perennial) mud be shown on a
delineation map, whether or not impacts are proposed to these .systems. Wetland and stream
evaluation and delineation forms should be ' included as appropriate. Photographs may be
included at the' "applicant's discretion. - If this .proposed impact is strictly for wetland or stream
mitigation, list and' describe the impact in Section V1II below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12

1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact*
Area of
Impact
(acres)
Located within
100 year Floodplain**
(yes/no)
Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved Iocal floodplain maps. Maps are available through the FEMA Map Service Center at 1-800 358-9616, or
online at httpJ/www.fema.pov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: i° A 6141-
Total area of wetland impact proposed: . 0:5- A 644M
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact*
Length of
Impact
(linear feet)
Stream Name**
Average Width
of Stream
Before Impact
Perennial or
Intermittent?
(please specify)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to. culverts and associated rip -rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss(gain),
stabilization activities (cement wall, rip -rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
*� Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usRs.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Z 5"0
J7—
Page 6 of 12

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sows, Atlantic Ocean and any
other Water of the U.S.
open water ImFWt Area of Name Ofwatetbody 11)w of Wdab *
Site Number Type of Impact* Impact if hcable) , (Me' pond, estuary, sound,,
(indicate o awes r. applicable) .. . : ba , ocean; etc.
* . Last each i ,=pana - and Mewify wmpoiwy bVad& Impactsinclude, but are not limited to: sli .ww&vatian,
nooam ,- -
4: Poabd-Creation a
:. If consttvdion of a`pond is'proposed, associated :wetl'and.,and stream impacts.. should be -
me :
luded above in the _wetland and stream itppact ssctions_; Also; the proposed pond' should,,
be described here ate, illastraied.on pry maps included with=this ap hcation.
Pond to be`cated in'(check all tUafaPPIY) 0`uplands. LL stream wetlands
Describe the method of construction (e g , dani/em excavation, in tallation- of
draw -down valve or spillway, etc.):; �►%/�
= Proposed use `or purpose of pond (e.g., livestock ;"fat ion,. irrigation,. aesthetic trout pond,
local stormyiater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VIE. Impact Justification (Avoidance and Minimization)
Specifically 4escribe measures taken to avoid the proposed impacts. It may beuseful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the ptoyect. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss low impacts.
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 7 of 12

VM. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism' (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
icJi V 7—,�c%
Page 8 of 12

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at huv:/Wo.enr.state.nc.us/wm/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non -riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ❑ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ❑ No ❑
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ❑ No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Require nts), or other (please identify V
Yes ❑ No If you answered "yes", provide the following information:
Page 9 of 12

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone*
Impact
(square feet)
Multiplier
Required
Mitigation
1
3
2
1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, .Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Ale kola a 5
XH. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
/✓D cJ A n T� * )Xi �.
XHI. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ❑ No [✓Y
Is this an after -the -fact permit plication?
Yes ❑ No 1-1
Page 10 of 12

XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
y✓o�J�
Applicant/Agent's Signature Date
gent s signature is valid only if an authorization letter from the applicant is provided.)
f
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office
Alexander
US Army Corps of Engineers
Avery
151 Patton Avenue
Buncombe
Room 208
Burke
Asheville, NC 28801-5006
Cabarrus
Telephone: [phone]
Caldwell
Fax: [phone] Z 7, _ 7 g gO Catawba
Cherokee
Iredell
Mitchell Union
Clay
Jackson
Polk Watauga
Cleveland
Lincoln
Rowan Yancey
Gaston
Macon
Rutherford
Graham
Madison
Stanley
Haywood
McDowell
Swain
Henderson
Mecklenburg
Transylvania
Raleigh Regulatory Field Office
Alamance
Durham
Johnston
Rockingham Wilson
US Army Corps Of Engineers
Alleghany
Edgecombe
Lee
Stokes Yadkin
6508 Falls of the Neuse Road
Ashe
Franklin
Nash
Surry
Suite 120
Caswell
Forsyth
Northampton
Vance
Raleigh, NC 27615
Chatham
Granville
Orange
Wake
Telephone: [phone]
Davidson
Guilford
Person
Warren
Fax: [phone]
Davie
Halifax
Randolph
Wilkes
Washington Regulatory Field Office
Beaufort
Currituck
Jones
US Army Corps Of Engineers
Bertie
Dare
Lenoir
Post Office Box 1000
Camden
Gates
Martin
Washington, NC 27889-1000
Carteret*
Green
Pamlico
Telephone: [phone]
Chowan
Hertford
Pasquotank
Fax: [phone] -
Craven
Hyde
Perquimans
Wilmington Regulatory Field Office
Anson
Duplin
Onslow
US Army Corps Of Engineers
Bladen
Harnett
Pender
Post Office Box 1890
Brunswick
Hoke
Richmond
Wilmington, NC 28402-1890
Carteret
Montgomery
Robeson
Telephone: [phone]
Columbus
Moore
Sampson
Fax: [phone]
Cumberland
New Hanover
Scotland
Pitt
Tyrrell
Washington
Wayne
*Croatan National Forest Only
Page 11 of 12

US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street - Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: (9I9)733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management
Beaufort
Chowan
Hertford
Pasquotank
1638 Mail Service Center
Bertie
Craven
Hyde
Pender
Raleigh, NC 27699-1638
Brunswick
Currituck
New Hanover
Perquimans
Telephone: [phone]
Camden
Dace
Onslow
Tyrrell
Fax: [phone]
Carteret
Gates
Pamlico
Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator
Alleghany
Caldwell
Watauga
3855 Idlewild Road
Ashe
Mitchell
Wilkes
Kemersville, NC 27284-9180
Avery
Stokes
Telephone: [phone]
Burke
Suny
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830 Great Smoky Mtn. Expressway
Cherokee
Jackson
Rutherford
Waynesville, NC 28786
Clay
Macon
Swain
Telephone: [phone]
Graham
Madison
Transylvania
Fax: [phone] _
Haywood
McDowell
Yancey
Page 12 of 12

�Sna/f. '� �� � ��--�, C 1yy/;. `•/�(V��� \'i 1 Cr.�t�,_�-. I Medjor _ \Q�, �� � f \ //`'
iz
Mile
°-�--O Silo 0
fill
CQI rJ y *-pj
t lips `,
/Frl-_iiog �C i �LL
41
°
C i1 , 1 • ' ,P=, �•
� �• �_� a' Sil a� »• � � � raifel' v r
� a.� �, 1�.°f. � .. . � • ( q'' g par � ,.
_�. �• ` ° ' Hi11S� t 1 �:�� :' L y•• \`I u• Cha 11. /�� ���
� .� : `_� - �;��� �,;-�`.'� _ II f x> _ �- • ,, ,--,,mot ° �
` \I l - • _ �' t } _ 7 'r ri BMA 144 �`• :Qe ie •� f� • / .�
�/ �. �y:.-�C � � \,� •� • outh centerk �/ a � u S lC Q� 2565 � � • •, � J^ v' : ?1)) t
v—�' $WImR11nQ 'f,6`n' y x %:�,• "! � 1 i
C� , � dCjd /`1A . • C, Pool. � Y ;BM N � : �° /' I
ELEV 2562` 258' ••s' • ��' �— �,' • \ .
v C i
ro \`��. ellaw�h4p, rap° q (�I. _ i u• ti. 1 S i �� \+ C pC I
0\\�i `�• � fl/. / "Gli 16 � I l:'"� � � "; y .°�/ i a ! ''r��`Cjf�- a6' ' /'� I t `-^ \l��C��
✓ • �511 ,r� � ' ! .',C .a �''� t; ■ . �� `-1• ��J � S • m' a l -- C /� J ! l r
=-'Chp�� ChurSh ho l.•• • ,\�.Cj,
^-s
� 'r
fJFairw / '/, •,fir`-�, r -�"
.- ,�i�•.i�- � .i� ; = :Hill -- '-' -_� r « / �r�--� °°� •;r",��- P -� � f�
of • '�!'� �./- -{ . -' :_ �� . �s �_` /-�S , rhos--"') �0 �j �... ,t;' _ �
7i i °. •, � ! /��- -•l � u _f-'' -.7t; err
!;°Y�=/o., /l/ C.0 - .','sill o 1. A� �• L •8 L—�J� 'f, O ��\�- //C
•`"j%�t-• _ r .i1}. r. `\ ��`rj1 ' [�' �.'-� s:: ;",¢.LEAN � e co), � �S• .ir .,-i'._n.-'l %/ C•C
7►1� •arb� yi(I ��1' J l t •It :f r`� • • v 1 \� / I .j° �i-.C�' 1
�•_ g ,
q
■.� `�' i. r .. R,y:� � �)'•�
f 'Gar�etts ° A\ ° 23;
.. -\`• ' t ' ' �\ XIS ° ., f .,, • ? \ - ! `��--�! Q'. � " °. o
If
dio
'L �Ilr�'•" ••.nay• •• •1,• °r:.oi .a�T� \ 1Y} `,ii �\ . �� c j 1 i `Ratlme eve2gm
1 �✓/'- 7 ° I � J J s , n, � �' 1 /AA '"'�j� •� � ��� y/� ((/? v� ' i f r • � ^ •�N � t � o / ' - ' � l`/���c
C'', °/• - il• S t :,.•.'ICI }'/..-�% Yb i� rc/ p�

r' \�
\ • fIr
�� • Q'ol
l y, t •
eNz
�\
was
J • _

___
in H H
H O N
acv a
aa
N H n
D
J
i
f
Ie
1
d FA/�
I ;
p41
it
- 17
.
1
it
_ f
I � _ice~,-�
ETE
4-

(�1
S
MICHAEL F. EASLEY
Attorney General
-- MEMORANDUM --
STA�T[,�
J A
Y.T ram.
Mate of Nxxrt4 Qlaralin x
l::�G)JtTl'f11TE2Tt IIf :J1LStTtE
Suite 300
124 College Street
J Asheville, NC 28801
TO: Kerr.T. Stevens
Director, Division of Environmental Management QE
Forrest R. Westall
Regional Water Quality Supervisor
FROM: Sueanna P. Sumpter(
Assistant Attorney General
DATE: November 4, 1999
RE: Southeastern Jurisdictional Admin. Council, Inc.
OAH File No: 99 EHR 0958
I am sending to you copies of the Order of Continuance, Scheduling Order and Reassignment
entered by the Administrative Law Judge in the above-r6ferenced contested case. Please note that
the hearing in this matter has been rescheduled for the week beginning January 3, 2000 in Asheville,
North Carolina.
The following persons may be called to testify at the hearing:
Kerr T. Stevens
Director, Division of Environmental Management
Forrest R. Westall
Regional Water Quality Supervisor
D. Keith Haynes
Environmental Engineer, ARO
Gary Francies
Chemist, ARO
Sherrill Harris
Chemist, ARID
Please let me know immediately if any of the persons listed above cannot be available on the date
proposed.
Thank you.
SPS/Igg
Enclosure
Western Office
Phone: [phone]
Fax: [phone]
An Equal Opportunity / Affirmative Action Employer �~

FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
Oct 29 9 37 AM 1999
STATE OF NORTH CAROLINA RE ,E IN � , ICE OF
ADMINISTRAT = ARINGS
COUNTY OF HAYWOOD� ��' 99 EHR 0958
Southeastern Jurisdictional Administrati)&�r=S%)"''
Council, Inc., United Methodist Church )
Petitioner )
ORDER OF CONTINUANCE;
VS. )
Division of Water Quality, )
N. C. Department of Environment and )
Natural Resources )
Respondent' )
SCHEDULING ORDER AND
ORDER OF REASSIGNMENT
Pursuant to the Respondent's "Motion to Reschedule Hearing" filed in the Office of
Administrative Hearings on October 14, 1999, with the Petitioner's consent and for other good
cause shown, the undersigned hereby orders that the hearing in the above -captioned contested
case, currently scheduled for the week of December 6, 1999, is continued and establishes the
following:
SCHEDULING ORDER
1. The hearing is scheduled for the week beginning January 3, 2000, in Asheville,
North Carolina. A more specific notice will follow.
2. A proposed Order on Final Pre -Trial conference (in form prescribed by the Rules
of Superior and District Court, p. 74, Annotated Rules of North Carolina, 1999 Edition), shall be
filed at the Office of Administrative Hearings on or before January 3, 2000. Stipulations, final
witness lists, and marked exhibits shall be exchanged between the parties on or before January
3, 2000.
It is further ordered that Administrative Law Judge Beecher
R. Gray is assigned to preside in any further proceedings herein.
This the 29th day of October, 1999.
wx��Azu_
J an Mann, III
Chief Administrative Law Judge

A copy of the foregoi ft was mailed to: -
Terry Richard Kane
Poyner & Spruill LLP
Attorneys at Law
100 N Tryon St
Suite 4000
Charlotte, NC 28202-4010
ATTORNEY FOR PETITIONER
Sueanna P. Sumpter
Assistant Attorney General
NC Department of Justice
124 College St., Ste. 300
Asheville, NC 28801
ATTORNEY FOR RESPONDENT
This the 29th day of October, 1999.
Office of Administrative Hearn s
P. O. Drawer 27447
Raleigh, North Carolina 27611-7447
[phone]

State of North Carolina
Department of Environment
and Natural Resources
Division -of Water Quality
James B. Bunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
A �4
40 0
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 30, -1999
Mr. C. David Snipes
Southeastern Jurisdictional Administrative Council, Inc.
Post Office Box 67
Lake Junaluska, NC 28745
Dear Mr. Snipes:
Mr. Tommy Stevens asked me to follow up on what was discussed during your meeting
of August 13, 1999 regarding the civil penalty. Mr. Stevens asked me to reiterate that, in
considering your remission request, he will need details about 1) the fish management plan and
2) the maintenance management plan, particularly the procedure for drawing down the lake. He
is concerned with what procedures will be put in place so that employees will know how to
properly lower the lake level.
In addition, please remember that since you filed a petition for a contested case with the
Office of Administrative Hearings, any negotiations for a settlement of the civil penalty must be
done through the Office of the North Carolina Attorney General. The state's attorney for this
case is Ms. Sueanna Sumpter in the Asheville office of the Attorney General. She can be
reached at [phone].
If you have any questions, please feel free to contact me at [phone], ext. 539 or
Jeff Poupart at [phone], ext. 527.
Sincerely,
Steven C. Lewis
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://`h20.enr.state.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
lz
�'

cc: Ken T. Stevens
Richard Hamilton, WRC
Senator Dan Robinson, Legislative Office Building
Sueanna Sumpter, Asheville AGO
Keith Haynes, ARO
File # SS 99-004

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1••
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 30, 1999
Mr. C. David Snipes
Southeastern Jurisdictional Administrative Council, Inc.
Post Office Box 67
Lake Junaluska, NC 28745
Dear Mr. Snipes:
Mr. Tommy Stevens asked me to follow up on what was discussed during your meeting
of August 13, 1999 regarding the civil penalty. Mr. Stevens asked me to reiterate that, in
considering your remission request, he will need details about 1) the fish management plan and
2) the maintenance management plan, particularly the procedure for drawing down the lake. He
is concerned with what procedures will be put in place so that employees will know how to
properly lower the lake level.
In addition, please remember that since you filed a petition for a contested case with the
Office of Administrative Hearings, any negotiations for a settlement of the civil penalty must be
done through the Office of the North Carolina Attorney General. The state's attorney for this
case is Ms. Sueanna Sumpter in the Asheville office of the Attorney General. She can be
reached at [phone].
If you have any questions, please feel free to contact me at [phone], ext. 539 or
Jeff Poupart at [phone], ext. 527.
Sincerely,
SEP
1999
Steven C. Lewis
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h20. enr. state.nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

cc: Kerr T. Stevens
Richard Hamilton, WRC
Senator Dan Robinson, Legislative Office Building
Sueanna Sumpter, Asheville AGO
r -
Keith Haynes;_ARO°
File # SS 99-004

MICHAEL F. EASLEY
Attorney General
afe IT1 NLix"t4
Pepartmenf of Jiisfiee
Suite 300
124 College Street
Asheville, NC 28801
22 November 1999
Western Office
Phone: [phone]
Fax: [phone]
T. Richard Kane, Esq. By facsimile transmission and U.S. mail
Poyner & Spruill 704-342-5264
Attorneys at Law
100 North Tryon Street, Suite 4000
Charlotte NC 28202-4010
RE: Southeastern Jurisdictional Administrative Conference, Inc. v. DENR, DWQ
OAH File No. 99 EHR 0958
DWQ File No. SS 99-04
Dear Mr. Kane:
This is in response to your letter of 14 September 1999 in which you indicate that your client would
be willing to settle the above -referenced litigation by payment of $7,628. I have discussed this offer with
my clients. While they cannot accept this offer, they have indicated that they would be willing to accept the
sum of $9,628.
Please understand that, by making this counteroffer, my clients do not intend to imply that they agree
with the positions outlined in your letter, or the correspondence attached thereto. In fact, we disagree
strongly. First, it is our position that the petitioner committed two, separate violations of the turbidity
standard and penalties were correctly assessed for both. Second, to the extent the precipitous draining of
the lake removed accumulated sediments, the petitioner was not required to dredge and properly dispose of
same and thereby saved those monies which would have been expended for these activities. Third, on 13
December 1994, a Notice of Violation was sent to Mr. M. Glenn Martin, Associate Executive Director of
the Lake Junaluska Assembly. The NOV described very similar turbidity violations resulting from improper
draining of the lake. Further, the potential results of improper lowering of the lake's water level were
discussed with petitioner's representatives on numerous occasions, often in response to citizen complaints
concerning the petitioner's management of the lake. On each of these occasions, my clients were assured
that the lake would be properly managed only to have the problems recur. My client desires the existence
of a mutually cooperative and respectful working relationship between the parties. In furtherance of this
goal, we are making the counteroffer set forth above.
Finally, I have discussed with my client your suggestion that a mediated settlement conference might
be useful in this matter. While appreciative of the suggestion, my client feels that the earlier meetings
between these parties were probably sufficient to make each aware of the other's position.
w i
An Equal Opportunity / Affirmative Action Employer Im

M
T. Richard Kane, Esq.
22 November 1999
Page 2
Please let me know if the counteroffer is agreeable to your client.
Sincerely,
Sueanna P. Sumpter
xc: Kerr T. Stevens Assistant Attorney General
Forrest R. Westall

(A1{11 `� �. //y/►��
..,y STATE li ' l
Is %rW ?T" f
V � _O �'��iun�n r•
fate of �Nort4 Turalina
Pepartirrillf Of Am3fire
MICHAEL F. EASLEY Suite 300 Western Office
Attorney General 124 College Street Phone: [phone]
Asheville, NC 28801 Fax: [phone]
October 11, 1999
Ms. Kim Hausen
Chief Hearings Clerk
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611
RE: Southeastern Jurisdictional Admin. Council v. DENR
OAH File No. 99 EHR 0958
Dear Ms. Hausen:
I am forwarding a motion for filing in the above -referenced contested case. Please return a file -
stamped copy to me. I am enclosing a self-addressed envelope for your use.
Thank you for your assistance.
Sincerely,
Sueanna P. Sumpter
Assistant Attorney General
/SPS
Enclosures
xcT. Richard Kane, Esq.
Kerr T. Stevens
Forrest R. Westall
I*
An Equal Opportunity/Affirmative Action Employer ��

STATE OF NORTH CAROLINA
COUNTY OF HAYWOOD
SOUTHEASTERN JURISDICTIONAL )
ADMINISTRATIVE COUNCIL, INC., )
UNITED METHODIST CHURCH, )
Petitioner, )
V. )
DIVISION OF WATER QUALITY, )
N.C. DEPARTMENT OF ENVIRONMENT )
AND NATURAL RESOURCES, )
Respondent. )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
99 EHR 0958
MOTION TO
RESCHEDULE HEARING
NOW COMES the respondent, by and through its counsel of
record, and respectfully moves that the hearing in this matter be
rescheduled. In support of its motion, respondent shows unto the
Administrative Law Judge the following:
1. The Scheduling Order previously entered in this matter
indicates that the contested case hearing will be held during the
week beginning 6 December 1999.
2. Forrest R. Westall is the Regional Water, Quality
Supervisor in the respondent's Asheville Regional Office and the
respondent anticipates calling him as a witness in this matter.
3. Kerr T. Stevens is the Director of the respondent
Division of Water Quality and is the person who made the assessment
which is the subject of this contested case. Respondent
anticipates calling Mr. Stevens as a witness in this matter.
4. Both Mr. Westall and Mr. Stevens will be required to

- 2 -
attend the regularly -scheduled meeting of the N.C. Environmental
Management Commission during the week of 6 December 1999. ,
WHEREFORE the respondent respectfully requests that the
hearing in this matter be rescheduled for a week when its witnesses
can be available to appear and testify.
This the /% ' day of October, 1999.
MICHAEL F. EASLEY
Attorney General
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
124 College Street, Suite 300
Asheville NC 28801
Telephone: [phone]
State Bar No. 9404
Q

CERTIFICATE OF SERVICE
I hereby certify that on this day the foregoing pleading was
served upon the parties to this action by depositing a copy of same
into an official depository of the United States Postal Service,
first- class postage prepaid, and addressed as follows:
T. Richard Kane, Esq.
Poyner & Spruill
Attorneys at Law
100 N. Tryon Street, Suite 400
Charlotte NC 28202-4010
This the 11 day of October, 1999.
Sueanna P. Sumpter
Assistant Attorney General

MICHAEL F. EASLEY
Attorney General
,as RATE o�
b
j5trxtE 1af N-arty Qlara ina
Peep Irtment of Justirr
Suite 300
124 College Street
Asheville, NC 28801
16 November 2000
T. Richard Kane, Esq.
Poyner & Spruill
Attorneys at Law
100 North Tryon Street, Suite 4000
Charlotte NC 28202-4010
RE: Southeastern Jurisdictional Administrative Conference, Inc. v. DENR, DWQ
CIAH File No. 99 EHR 0958
DWQ File No. SS 99-04
Dear Rick:
Western Office
Phone: [phone]
Fax: [phone]
As of this date, the Settlement Agreement we negotiated earlier has been fully -executed. I am
forwarding one of the duplicate originals.
I am glad we were able to resolve this matter amicably.
Sincerely,.—,,. J
Sueanna P. Sumpter
Assistant Attorney General
/SPS
Enclosures
xc: Steve Lewis
"_, orrest R. Westall
Noy �a�
V
An Equal Opportunity / Affirmative Action Employer r~

STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF HAYWOOD 99 EHR 0958
SOUTHEASTERN JURISDICTIONAL )
ADMINISTRATIVE COUNCIL, INC., )
UNITED METHODIST CHURCH, )
Petitioner, )
V. ) CONSENT AGREEMENT
AND SETTLEMENT
DIVISION OF WATER QUALITY, )
N.C. DEPARTMENT OF ENVIRONMENT )
AND NATURAL RESOURCES, )
Respondent. )
The petitioner, Southeastern Jurisdictional Administrative
Council, Inc.., United Methodist Church (the "Petitioner," or the
"Council", and the respondent, North Carolina Department of
Environment and Natural Resources, Division of Water Quality
("DWQ"), hereby enter into this Consent Agreement and Settlement.
("Agreement") in order to resolve matters in controversy between
them pursuant to N.C.G.S. § 150B-31(b). This above -captioned
matter arose out of the assessment of civil penalties and
enforcement costs in the total amount of nineteen thousand six
hundred and twenty-eight dollars ($19,628) by. -the Director of DWQ
against the petitioner. These penalties were assessed on 17 June
1999 for violations of N.C.G.S. § 143-215.1 and the rule of the
Environmental Management Commission codified at 15A N.C.A.C. 2B
.0211(3) W as more fully described in the assessment document.

- 2 -
Petitioner timely commenced the above -captioned contested case to
challenge the assessment.
Further, by letter dated 15 July 1999, the respondent, acting
pursuant to N.C.G.S. § 143-215.3 (a) (7), demanded the petitioner pay
the sum of thirty-two thousand five hundred and sixty-seven dollars
($32,567) as damages for fish killed in Richland Creek as a result
of the draining of the petitioner's lake on or about 11 and 12
November 1998. The fish kill was observed by respondent's
representatives during inspections occurring on 18 and 19 November
1998. Subsequent to the fish kill and issuance of the demand
letter, the petitioner has engaged in discussions with the North
Carolina Wildlife Resources Commission (the "Commission") regarding
the development of a management plan for its lake. A copy of a
letter dated 18 January 2000 from the Commission to the petitioner
setting forth the terms of the management plan so developed is
attached and marked as "Exhibit A."
Without any trial of fact or law in the above -styled matter,
and without making any admissions of any kind, THE PARTIES AGREE
THAT:
1. The petitioner shall pay to the respondent the sum of
eight thousand six hundred and twenty-eight dollars ($8,628) in
settlement of the subject civil penalty assessment. Payment shall

- 3 -
be made within ten days of full execution of this Agreement, shall
be in the form of a check made payable to the North Carolina
Department of Environment and Natural Resources or "DENR," and
shall be forwarded to the following address:
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
124 College Street, Suite 300
Asheville NC 28801.
2. Upon a breach of any condition of paragraph one (1),
above, the petitioner shall owe the respondent the entire original
amount of the penalties, being nineteen thousand six hundred and
twenty-eight dollars ($19,628) less any amounts paid by the
petitioner to the respondent pursuant to this Agreement.
3. Upon a breach of this Agreement by the petitioner, the
sole issue in any action by the respondent to collect said
penalties in their original amount in accordance with the terms of
paragraph two (2), above, shall be the payment or non-payment of
the agreed -upon amount in accordance with the terms of this
Agreement and the issues shall not include the propriety of the
assessment.
4. Respondent shall accept the sum of eight thousand six
hundred and twenty-eight dollars ($8,628) in full satisfaction of

- 4 -
the civil penalty assessment at issue in the above -styled contested
case, subject to the terms of this Agreement.
5. Petitioner explicitly waives its right to a contested
case hearing in this matter and additionally.agrees to withdraw its
petition for a contested case hearing previously filed with the
Office of Administrative Hearings in the above -captioned matter.
Petitioner shall file its notice of withdrawal of request for
contested case hearing immediately following full execution of this
Agreement.
6. By signature of its representatives below, petitioner
adopts and agrees to implement the lake management plan described
in Exhibit A to this Agreement, being the Commission's 18 January
2000 letter to Mr. David Snipes, and that document is incorporated
herein by reference.
7. In consideration of the petitioner's agreement to adopt
and implement the lake management plan set forth in Exhibit A, the
respondent agrees not to seekdamages pursuant -to N.C.G.S. § 143-
215.3(a)(7) for the fish kill in Richland Creek above and below the
petitioner's dam, observed by respondent's representatives on 18
and 19 November 1998, occurring as a result of the draining of the
petitioner's lake on or about 11 and 12 November 1998. Respondent
hereby withdraws its 15 July 1999 demand for such damages.

By:
- 5
8. Nothing in this Agreement shall restrict any right of the
respondent to take any enforcement action against the petitioner
for any violations occurring after the date of the .subject
assessment in this matter. Further, nothing in this Agreement
shall restrict any right of the respondent or the Commission to
seek damages for any fish kill caused by the petitioner occurring
after 19 November 1998.
FOR THE PETITIONER:
POYNER & SPRUILL, L.L.P.
Attorneys for the petitioner
I
T. R ' hard Kane
100 . Tryon Street, Ste.4000
Charlotte NC 28202
Date:
THE UNITED METHODIST CHURCH
Southeastern Jurisdictional
Administrative Council
By:(T _1_7
Jimmy Carr
ki Executive Director
Date: 2a Q d
FOR THE RESPONDENT:
DIVISION OF WATER QUALITY
Kerr T. Stevens
Director
Date: N\— \— 4 O
MICHAEL F. EASLEY
Attorney General
:Sueanna P. Sumpter
,assistant Attorney General
X.C. Department of Justice
124 College Street, Suite 300
Asheville NC 28801
Date: 1/-14 - .2-006)

02/02/2000 17:40
919-71` -5548 NO t•10N LISCHAPPc* BR
_No_zth Carolina WY_lMe Resources Comnussion
Charles R. Fullwood, Executive Director
January 18, 2000
TvIr, C. David Snipes, Director of Operations
Tile United :,\-fethodist Church
Southeastern Jurisdictional Adtninistrati),c Couxicil
.P. Q. Box 67
Lakc Juu.aluska, IBC 28745
Dcar ?\•Ir Snipes:
PAGE 02
This letter refers to items discussed at a meetiz?g of 26 August 1999 between Forth Carolina
lVi'_dlife Resources Commission (NC�VRC) biologists and administrative staff of the United
iMethedist Church Southeastern Jurisdictional Adnunistrative Council (SEJAC). During that
niez .ting .ve informally agreed on a number of points regarding management of fisheries and
public fishing at Lake Junaluska. Follo-wing our meeting we inspected the dam and lake
facilities and obtained information on «'ater and sediment levels in the lake in order to develop
recommendations for lake level management. It is our understanding that SEJAC has agreed to
accept our management recommendations in lieu of incurring fish hill replacement fines assessed
following last «Rnter's lake drawdown. Because other outstanding issues regarduig this
driwdown event have been resolved, we offer the follo�Ving recommendations for management
of fisheries resources, public fnshin- access, and lake and stream levels. These
reeoix mendations, if accepted by SEJAC, would constitute a lake management plan for Lake
Junaluska.
Public Fishing Access
Two areas at Lake Junaluska have been suggested by SEJAC for continued public fishing:
shoreline areas at the upper end of the lake near the Fldchland Creels inflow, and streambanks
below the dam in the tailrace area of Richland Creels. Guests of SEJAC occasionally fish at
various other areas around the lake. All personas fislung an SEJAC property are required to
obtain a guest pass from SEJAC and pay an associated fee. The guest pass system has been an .
effective way for SEJAC to restrict use of their property from individuals who display unsafe or
improper conduct. We recommelad the following procedures for allotiving public access at Lake
Junaluska.
EXHIBIT A
1jaihng Address: Division of Inland Fisheries , 1721^ J,,-1 Service Center • Raleigh, NC 2709-1721

02/01/2000 17:40 919-71P-5048 DWQ NON DISCHARr'E ER PAGE 03
1. Fishing access -"dll continue to be allowed by SEJAC for all persons, particularly in the upper
lake and tailrace areas mentioned above.
2. A guest pass from SEJAC "dil continue to be required for each person fishing on SEJAC
property. Such a guest pass could be revolted or denied by SEJAC in any case where an
individual displays conduct on SEJAC property that is inconsistent -Ivith the rules of conduct
observed by other guests of SE.TAC, suclt as littering, unsafe behavior, or rude language or
behavior.
3. Fees associated with guest passes ;for fishing at Lake Junaluska will be waived for all persons
under 16 years of age, and for any individual who holds a current, valid N. C_ State Fishing
License.
Stocking of Fish by NCWRC
hatchery -raised warmwater fish have been stocked in Lake Junaluska in the past by
NC%RC. In 1996 the lake was stocked to replace fish lost in an earlier fish bill on Richland
Creek. Subsequent stockings have used surplus hatchery fish to enhance the local sport fishery.
Concerns have been raised by SEJAC regarding stoc1at18 of waters from private property without
landowner permission, particularty following the assessment of damages based on the loss of
these fish. We recommend the following policy xegarding NCIZaC fish stocking at Lake
malusl:a.
Lake Junaluska will not receive NC. NNrRC fish stockings for fishery management purposes
unless NCWRC biologists and SEJAC administrators concur that such stockings are
consistent with desired recreational use of the lake. Future stocking by NCWRC will be
contingent on continued public access as outlined above.
2. Lake Junaluska wilt not receive wlscheduled NCWRC fish stockings for purposes of
distributing hatchery surplus.
3. Fish stocked as replacement for fish kills in. the Richland Creek watershed will not be stocked
an SEJAC property without prior written permission of SEJAC.
Dam Operation
14auagement of water levels within Lake Juraluska directly impacts water quality in the lake
and in downstream portions of Richland Creek. Excessively high or low slows below the dam
during draining and filling of the reservoir may have a&erse effects on fish habitat. Exposed
lake bed areas are prone to erosion causing further sedimentation of downstream areas. Water
level fluctuations during late spring may disrupt spawning activities of gamefish in the lake. The
potential for these envirownental ilupacts must be. balanced against the objectives of SEJAC to
manage sediment accumulation and maintain open water habitat in the upper end of the lake. To

02/02/2000 17:40 919-71`-c�048 DWO NON DISCHAR"--c' ER PAGE 04
minim.i7,e future water quality and fishery impacts associated Mth lake drawdown and sediment
removal, SEJAC should adhere to the following procedures and conditions.
1. Floodgates at the dam at Lake Junaluska will remain closed except tinder the following
conditions:
a. Safe0y concerns regarding the dam structure that require lowering the water level im
the lake.
b. Winter maintenance dravido-wri procedures as outlined below.
c. Such other conditions as approved by NCWRC, N. C. Division of water Quality and
other appropriate agencies.
2. Prior to opening floodgates at Lake Junaluska dam, SEJAC will contact the Division of
NYater Quality at [phone] and NCV"RC at [phone].
3. Winter drawdown will not begin prior to Noti•cmber 15. Lake Junaluska Nvill be restored to
'roll -pool cicvatiou by April 15.
4. During lake drrawdo-,n, ,vater levels in Richland Creels below the darn will not exceed bawl:
full, and turbidity levels should not exceed levels acceptable to the N. C. Division of Water
Quality.
S. NVhen refilling the lake, suftzcient f.o-,, «rill be maintained in Richland Creek below the dam
to :-j eet minx rnum flow requirements as determined by the N. C. Division of Water
Resources.
b. During winter dravvdown, the water level within Lake Junaluska will remain high enough to
inundate the lake bed between the footbridge and the dam, leaving only the, upper third of the
lake bed exposed. Based on lake bed contour maps provided by SEJAC, a target water
elevation of 2,551 feet above mean sea level (msl), representing a 10-foot drawdown, should
expose sediment deposits in the upper third of the lake. At no pois-1t during winter
maintenance drawdown will the water elevation fall below 2,548 feet above msl.
Acceptance of the managemennt recommendations listed above by SEJAC would satisfy all
replacennent cost penalties assessed against SEJAC by NC)AaC in 1999.. Furthermore,
adherence to these guidelines will help to avoid future fish kill events and associated penalties.
If you have questions regarding these recommendations or future fishery management problems
at Lake Junaluska, please contact Scott Loftis, District 9 Fisheries Biologist, at [phone].
Sincerely,
David Yow
Regional Fisheries Coordinator

02/02/2000 17:40 919-71' 5048 DWQ f,ON DISCHAF` ER PAGE 05
Division of Inland Fisheries
cc: Scott Loftis, District 9 Fisheries Biologist, NCWRC
Fred Harris, Chief, Division of Inland Fisheries, NCWRC
Keith Haynes, Division of Water Quality, DEHNR
Steve Reed, Division of Water Resources, DEHNR

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary `
Kerr T. Stevens, Director
D E _N_ R
November 22, 2000
MR C DAVID SNIPES
SOUTHERN JURISDICTIONAL ADMIN COUNCIL INC
PO BOX 67
LAKE JUNALUSKA NC 28745
Dear Mr. Snipes:
i 'DEC 4 2000
SUBJECT: Acknowledgment Receipt Letter
Southern Jurisdictional Administrative
Council Inc
Case No. SS 99-004
Haywood County
This letter is to acknowledge receipt of your check No. 080727 in the amount of
$8,628.00 received from the Lake Junaluska Assembly on November 22, 2000.
This payment satisfies in full the civil assessment in the amount of $8,628.00
including $628.00 in investigative costs, levied against the Southeastern Jurisdictional
Administrative Council and this enforcement case has been closed. Payment of these
penalties in no way precludes further action by this Division for future violations.
cc:
If you have any questions please call Steve Lewis at [phone] ext. 539.
Sincerely,
,_ �/'C, A��.
eff Poupart; Supervisor
Non -Discharge Compliance & Enforcement
Asheville Regional Office
Enforcement/Compliance Files # SS 99-004
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

1
STATE o�
:or k�
s Z
Matt, of North ClTarolina
MICHAEL F. EASLEY
Attorney General
T. Richard Kane, Esq.
Poyner & Spruill
Attorneys at Law
100 North Tryon Street, Suite 4000
Charlotte NC 28202-4010
Piepartmenf Df Ju5fice
Suite 300 Western Office
124 College Street Phone: [phone]
Asheville, NC 28801 Fax: [phone]
15 Februry 2000
By facsimile transmission and U.S. mail
704-342-5264
RE: Southeastern Jurisdictional Administrative Conference, Inc. v. DENR, DWQ
OAH File No. 99 EHR 0958
DWQ File No. SS 99-04
Dear Rick:
I am forwarding for your information a letter dated 18 January 2000 from the North Carolina
Wildlife Resources Commission to your client, discussing a lake management plan for Lake Junaluska.
Although my copy is not signed, I understand that the letter was signed and mailed.
Please call me when you have had an opportunity to review this material.
xc: Kerr T. Stevens
Forrest R. Westall
Sincerely, 44''
Sueanna P. Sumpter
Assistant Attorney General
An Eniml Oenortunity / Affirmative Action Employer �~

02/02/2000 17:40
919-71F -5048 DWQ NON DISGHARPc' BR
PAGE 02
KN North CarAaa Wildlife resources Commxsslon
Charles R. Fullwood, Executive Director
January 18, 2000
IMr, C, David Snipes, Director of OperatiorAs
The United Methodist Church
Southeastern Jurisdictional A,drninistrativc Council
P. 0. Box 67
Lakc Junaluska, 1\C 28745
Dcar DJr S:upes:
This letter refers to -items discussed at a meeting of 26 August 1999 between North Carolina
, rArildlife Resources Conunission (NCWRC) biologists and administrative staff of the United
Metl-.odist Church Southeastern. Jurisdictional Administrative Council (SEJAC). During that
meeting 1ve informally agreed on a number of points regarding management of fisheries and
public fishing at Lake Junaluska. Following our meeting we inspected the darn and lake
facilities and obtained information on water and sediment levels in the lake in order to develop
recommendations for lake level management. It is our understanding that SEJAC has agreed to
accept our management recommendations in lieu of incurring fish hill replacement. fines assessed
following last winter's lake drawdown, Because other outstanding issues regarding this
drawdown ev6nt have been resolved, we offer the following recommendations for management
of fisheries resources, public fishing access, and lake and stream levels. 'these
recollunend.ations, if accepted by SEJAC, would constitute a lake management plan for Lake
Junaluska.
Public F'ishinr Access
Two areas at Lake Junaluska have been suggested by SEJAC for continued public fishing:
shoreline areas at the upper end of the lake near the Richland Creek inflow, and streambanks
below the dam in the tailrace area of Richland Creels. Guests of SEJAC occasionally fish at
various other areas around the lake. ,All persons fishing on SEJAC property are required to
obtain, a guest pass from SEJAC and pay an associated -fee. The guest pass system has been an
effective way for SEJAC to restrict use of their property from individuals who display unsafe or
improper conduct. We recommend the followirg procedures for allowing public access at Lake
Junaluska.
Mailing address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
'telephone: [phone] ext. 281 • Fax: [phone]

02/02/2000 17:40 919-71'---6042 DWQ NON DISCHAP"' BR PAGE 03
1. Fishing access "ill continue to be allowed by SEJ,A.0 for all persons, particularly in the upper
lake and tailrace areas menti.orzed above.
2. A guest pass from SEJAC Aj.11 continue to be required for each person fishing on SEJAC
property. Such a guest pass could be revolted or denied by SEJAC in any case where an
individual displays conduct on SEJAC property that is inconsistent with the rules of conduct
observed by other guests of SEJAC, such as littering, unsafe behavior, or rude language or
behavior.
3. Fees associated with guest passes for fishing at Lance Juualuska will be waived for all persons
udder 16 years of age, and for any individual who holds a current, valid N. C. State Fishing
License.
Stocking of Fish by NCWRC
Flatchcry-raised warinwater fish have been stocked in Lake Junaluska in the past by
NCWRC, In 1996 the lake was stocked to replace fish lost in an earlier fish bill on Richland
Creek. Subsequent stockings have used surplus hatchery fish to enhance the local sport fishery.
Concerns have been raised by SEJAC regarding stocknrg of waters from private property without
landowner permission, particularly follovy7ng the assessment of damages based on the loss of
these fish. We recommend the following policy regarding NCV«C fish stocking at Lake
Junaluska.
1. Lake Junaluska will not receive NC` RC fish stockings for fishery management purposes
unless NCVJRC biologists and SEJAC administrators concur that such stockings are
consistent with desired recreational use of the lake. Future stocking by NCWRC will be
contingent on continued public access as outlined above.
2. Lake Junaluska will not receive unscheduled NCWRC fish stocki-11gs for purposes of
distributing hatchery surplus.
3. Fish stocked as replacement for fish kills in the Rt chland Creek watershed will not be stocked
on SEJAC property without prior written permission of SEJAC.
Dam Operation
1V magement of water levels within Lance Julaluska directly impacts water quality in the lance
and in downstream portions of Richland Creek. Excessively high or low flows below the dam
during dzaizaiug and filling of the reservoir may Dave adverse effects on fish habitat. Exposed
lance bed areas are prone to erosion causing furtlzer sedimentation of downstream areas. dater
level fluctuations during late spring may disrupt spawning activities of gamefish in the lake. The
potential for these environmental izzipacts must be balanced against the objectives of SEJAC to
manage sediment accumulation and maintain open -water habitat in the upper end of the lake. To

0-2/02/2000 17:40 919-71r�-5048 DWQ NON DISCHARr-c* DR PAGE 04
minam.ize future water quality and fishery impacts associated with lake drawdown and sediment
removal, SEJAC should adhere to the following procedures and conditions.
1. Floodgates at the dam at LAe. Ji-maluska will remain closed except under the following
conditions:
a. Safety concerns regarding the dam structure that require lowering the water level in
the lake.
b_ Winter maintenance drawdowwi procedures as outlined below.
c. Such other conditions as approved by NCWRC, N. C. Division of Water Quality and
other appropriate agencies,
2, l'zior to opening floodgates at Lake Junaluslca dam, SEJAC will contact the Division of
Water Quality at [phone] and NCWRC at [phone].
. Wizater drawdown. will not begua prior to November 15. Lake Junaluslca will be restored to
Rill pool cicvation by April 15.
4. During lake drawdown, water levels in Richland Creels below the darn will not exceed bank
full, and turbidity levels should not exceed levels acceptable to the N. C. Division of Water
Quality.
5. NVIen refilling the lake, sufficient flow will be maintained in Richland Creels below the dam
to meet mini -mum flow requirements as determined by the N. C. Division of Water
Resources.
6. During winter drawdown, the water level within Lake Junaluslca will remain high enough to
inundate the lake bed between the footbridge and the dam, leaving only the upper third of the
lake bled exposed. Based on lake bed contour maps provided by SEJAC, a target water
elevation of 2,551 feet above mean sea level (msl), representing a 10-foot drawdown, should
expose sediment deposits in the upper third of the lake. At no point during winter
maintenance drawdown will the water elevation fall below 2,548 feet above rnsl.
Acceptance of the management reconuuendations listed above by SEJAC would satisfy all
replacement cost penalties assessed against SEJAC by NC)AaC in 1999., Furthennore,
adherence to these guidelines will help to avoid future fish kill events and associated penalties.
If you have questions regarding these recommendations or future fishery management problems
at Lake Junaluska, please contact Scott Loftis, District 9 Fisheries Biologist, at [phone].
Sincerely,
David Yow
Regional Fisheries Coordinator

0`Z/02/2000 17: 40 919-73`5042 DWQ NON DISCHAP` : ER PAGE 05
Division of 11-Iand Fisheries
cc: Scott Loftis, District 9 Fisheries Biologist, NCWRC
Fred Hanis, Chief, Di -vision of Inland Fisheries, NCWRC
Keith Haynes, Division of Water Quality, DEHNR
Steve Reed, Division of Water Resources, DEHNR

02/02/2000 17:40
FAX TO:
919-715-6048
DWQ HON DISCHARGE BR PAGE 01
Division. or 'Water Quality
Water QUaIlzy Section
P-C). Bax .29535 ,.
Ralaigh, N.C. 27626-0535
PAX-019j 733= Ct�,5q-
FAX NUNi EF—,
FROM �S;T'1� ors
PRONE: (919)7�3-5083 Ext;
OF pAGr2S INCLUDING TMS SHEET:
i Sit ems-mac-►�..a. /�,,�.�.
1p
b5
d

02/02/2000 17:40
919-715-6048 DWQ NON DISCHARGE BR
PAGE 02
4
North Carolina W l.dhfe Resources Commission
Charles R. Fullwood;Executive Director
ranuary 18, 2000
Mr. C. David Snipes, Director of Operations
The United Methodist Church
Southeastern Jurisdictional Administrative Council
P. O. Box 67
Lake Junaluska, IBC 28745
Doar Mr Snipes:
This letter refers to items discussed at a meetizig of 26 August 1999 between North Carolina
WRC) biologists and adm
Wildlife Resources Commission (NCinistrative staff of the United
Methodist Church Southeastem Jurisdictional Administrative Council (SEJAC). During that
meeting we informally agreed on a number of points regarding management of fisheries and
public fzshirig at Lake Junaluslca. Following our meeting we inspected the dam and lake
facilities and obtained information on water and sediment levels in the lake in order to develop
recommendations for lake level management. It is our understanding that SEJAC has agreed to
accept our management recommendations in lieu of incurring fish bill replacement fines assessed
following last winter's lake drawdown. Because other outstanding issues regarding this
drawdown event have been resolved, we offer the following recorrunendations for management
of fisheries resources, public fishing access, and lake and stream levels. 'these
recommendations, if accepted by SEJAC, would constitute a lake management plan for Lake
Junaluska.
Public Fishing ,Access
Two areas at Lahce Junaluslca have been suggested by SEJAC for continued public fishing:
shoreline areas at the upper end of the lake near the .Richland Creels inflow, and streambatiks
below the dam in the tailrace area of Richland Creels. Guests of SEJAC occasionally fish at
various other areas around the lake.kl persons fishing on SEJAC property are required to
obtain a guest pass from SEJAC and pay an associated fee. The guest pass system has been an
effective way for SEJAC to restrict use of their property from individuals who display unsafe or
iniproper conduct. We recormmeiid the followilig procedures for allowing public access at Labe
Junahiska. .
Mailing .kddress: Division of Wand Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
'telephone: [phone] ext. 281 • Fax: [phone]

02/02/2000 17:40 919-715-6048 DWQ NON DISCHARGE ER PAGE 03
n
I
1. Fishing access will continue to be allowed by SEJAC for all persons, particularly in the upper.
lake and tailrace areas mentioned above,
2. A guest pass from SEJAC will continue to be required for each person fishing on SEJAC
property. Such a guest pass could be revoked or denied by SEJAC in any case where an
individual displays conduct on SEJAC property that is inconsistent with the rules of conduct
observed by other guests of SWA.C, such as littering, unsafe behavior, or rude language or
behavior,
3. Fees associated with guest passes for fishing at Lake Juualuska will be waived for all persons
under 16 years of age, and for any individual who holds a current, valid N. C. State Fishing
License.
Stacking of Fish by NCWRC
Hatchery -raised warmwater fish have been stocked in Lake Junaluska in the past by
NCW-RC. In 1996 the lake was stocked to replace fish lost in an earlier fish bill on Richlaird
Creek. Subsequent stockings have used surplus hatchery fish to enhance the local sport fishery. .
Concerns have been raised by SEJAC regarding stocknn8 of waters from private property without
landowner permission, particula [y following the assessment of damages based on the loss of
these fish. 'We recommend the following policy regarding NC:IATRC fish stocking at Lake
Junaluska.
Lake Junaluska -will not receive NCIATRC fish stockings for fishery management purposes
unless NCWRC biologists and SEJAC administrators concur that such stockings are
consistent with desired recreational use of the lake. Future stocking by NCWRC will be
contingent oncontinued public access as outlined above.
2. Lake Junalmlca will not receive unscheduled NCNVRC fish stockings for purposes of
distributing hatchery surplus.
3. Fish stocked as replacement for fish kills in the Richland Creek watershed will not be stocked
on SEJAC property without prior written permission of SEJAC.
Dam 0 peration
Management of water levels within Lake Junaluska directly impacts water quality in the lake
and in downstream portions of Richland Creek. Excessively high or low flows below the darn
during draining and filling of.the reservoir may have adverse effects on fish habitat. Exposed
lake bed areas are prone to erosion causing further sedimentation of downstream areas. Water
level fluctuations during late spring may disrupt spawning activities of gamefish in the lake. 'The
potential for these environmental irnpacts must be balanced against the objectives of SEJAC to
manage sediment accumulation and maintain open -water habitat in the tipper end of the lake. To

02/02/2000 17:40 919-715-6048 DWO NON DISCHARGE ER PAGE 04
f
minimize future water quality and fishery impacts associated with lalce drawdown and sediment
removal, SEJAC should adhere to the following procedures and conditions.
Floodgates at the darn at Lake Junaluska will remain closed except under the following
conditions:
a. Safety concerns regarding the dam structure that require lowering the water level im
the lake.
b_ Winter maintenance drawdown procedures as outlined below.
c. Such other conditions as approved by NCWRC, N. C. Division of Water Quality and
other appropriate agencies,
2. Prior to opening floodgates at ,Lake Junaluska dam, SEJAC will contact the Division of
Water Quality at [phone] and NCWRC at [phone].
3. Winter drawdovim will not begin prior to Novomber 15. Lake Junaluska will be restored to .
full pool elevation by April 15,
4. During lake drawdown, water levels in Richland Creels below the darn will not exceed bald
full, and turbidity levels should not exceed levels acceptable to the N. C. Division of Water
Quality.
5. When refilling the lake, sufficient flow will be maintained in Richland Creels below the dam
to meet winizxuun flow requirements as determined by the N. C. Division of Water
Resources.
6. During winter drawdown, the water level within Lake Junaluska will remain high enough to
inundate the lalce bed between the footbridge and the dam, leaving only the upper third of the
lake bed exposed. Based on lake bed contour maps provided by SEJAC, a target water
elevation of 2,551 feet above mean sea level (msl), representing a 10-foot drawdown, should
expose sediment deposits in the upper third of the lake. At no point during winter
rnaintena-ace drawdown will the water elevation fall below 2,548 feet above msl.
Acceptance of the management recommendations listed above by SEJAC would satisfy all
replacement cost penalties assessed against SEJAC by NCWRC in 1999. Furthermore,
fu adherence to these guidelines will help to avoid future fish kill events and associated penalties.
If you have questions regarding these recommendations or future fishery management problems
at Lake Junaluska, please contact Scott Loftis, District 9 Fisheries Biologist, at [phone].
Sincerely,
David Yow
Regional Fisheries Coordinator

02/02/2000 17:40 919-715-6048 DWQ NON DISCHARGE DR
PAGE 05
Division of Inland fisheries
cc: Scott Loftis, District 9 Fisheries Biologist, NCWRC
Fred Hanis, Chief, Division of Inland Fisheries, NCWRC
Keith Haynes, Division of Water Quality, DEHNR
Steve Reed, Division of Water Resources, DEHNR

Apr 12 '00
9:21 P.01/08
MICHAEL F. EA51.8Y
At4orney General
of Nor . �raoXi�c�x
Pet miWztt Of �a�ttce
Suite 300
124 cougd sfreet
.Asheville; NG 28801
Wasttrn Office
Phone. [phone]
Fox: [phone]
Note; The information containedJn• this•facsirnlfe rnessags is confidentiar information intended only for the use
of the Individual or entity named below. 0 4 read®r• ofthis message: is not the intended recipient, you are
hereby notified that any dissemihation, distribution or copy of this telacopy is strictly prohi4ited. If you have
received this teldcopy iti error, please iminediatoy notify u's-by telephone and return the original message to us
at the address above via United States Postal Service. Thank you.
DATE. April 12, 2000'
103
FAX NO: 9'19-733-0059
TO: FOrr at WWAU
Regional Water Quality'S'upervisor..
FAX NO: 251-6452
TO: Ricb.ard tia iltan
Wildlife Roouress Commission
FAX NO: 919415-7643.
FROM: Sueanna P. Sumpter
Assistant Attorney. General
Attorney General's Western•Office
SUBJECT., Southeastern Jurisdl Conference v: DENR
OAH File No..' 09 'EH:R:0058-
DV9lf� File No, SS 09-004
NUMBER OF-PAG'ES INCLUDING CU1/ER•S.HEET: 6
N
O N Attached is a' draft a.greemeht which- would resolve the above
referenced contested. else as well as the pepa,rimont a claim for fish kill damages.
"lease let me know it the terms are satisfactory. Sueanna
too
An Equal Opportunity /Afiirmotive Action Employer

Shr4et
• 9u 4C100 s GtipllC�o " {Vorsh owdna E8902.4010• t M4.3Q.32M Tel 4 7p4,3mwU Fix
1150 Nam Jlvw
I

Apr 12 ' 00 9 :22 P. 03/08
4*
II�T TBEi(OICE OF . f.
STATE -OF NOR:TU CP,RoL�vR . ...
093'9
COUNTY OV.14A:YWAIDMIMMA
l7,�i�:' .: t
NA
t TAD T�]'.QNST, CI L1
DI�iISiNF RrAiTR (t3Y,TY,
. N.• C:.DEP.A��;:QF•��IrT�'ROvlE�3'h :. ) • _ ... ••
lTI NAt3°ISOUR
..: , : :.' :.:.:..:: r ''I'' �� •Ci1; �F United-
• �:.._,:.';'=� •�;;t'� :T�riitio�ilr`'Adm?a�>s�� • .
N .Cra .
•���•5. . • �1'•�:e' p'�titi�ner, ••''9outttcri'i;~,• ,:t:: .. • . •.•
' pottdcnt,
r:
'�' •''�: 't� r aR Dop, tma t Of
V svaaent,;a �+ a `` soi cccs :i evisi i i of Wata. bY.
gin`; toros6lve MAW
enter ixito,tlhis Consort AO"
$.Gttl : (::.
uat bF the
eonkrovr.rsy betwo&- th, ` ant .. ;
thot . d ax '
• ' ,.'. t•'coats.i�i;�lie'�total��i�aliiit��f.n" ,
t of civiltesii►a' eiarcciiep,
recipe. of D Q a.$ t ft pctitiom:
hundred. aad i-�pxgtit.dd :$1962j.•T.i,
2.
I43 215.1; snd'tho
far' olar�ria'bf'T.G C3.,
These Pcndti6i"Wm ease "an''17: Swue` 1991" 1► : .
rule of to Envrouxezisti: M$cutanon r.�q
; tore i3►, �3c bed � • .arse®s cion
:,,s•:.r � .: � ..;;,h ::'• M1 "' '•a •• C01�1itGStl.74 V�C�:to• 'ttT�•:81�8Eti� ..
in%catlxe'albavc�ap'�ozed' d` gha11
k . F�titiunc'tialy c.
. . ', ~� . • •. ':,, .•.•.•~: ' . :.•,..,;:•' •. . `I� .TIE RrE� .
pf fact a `;ii 'tl ; abdV. "Yi!�d'
VJ out''a y'' #si4 :or'' `'::
TAT: .
. �taAAtp1'Y8/pu7d7s.ti�140UAfi912v.10�fiJlU4 .

T_..__. __ __.__......, .,Y•, 410
- .�3, f,i,:P -:�'.oi::'.;"�'�.•"�� .�r':'' is
' � 1. 'fhe ` to'. �*ki�,�:•��+=, �� �®���::�i�abitfv''or' any �iaal of.fa� m� ]�w ia�'t�' ,
•. tom. ,.. - ,.
brave rriatter, .shall •pay:ty t ia'r ap adoa(•.th.:stiii�i Of-eight.thous cl six hundred afid.'t*4ty.ei G:
dollms ($8,628} in.settle pa t'�a .;t1i •su?�;j et Givn1:: it}r asscssom- Tay?mdt s]iall••6e'irw& E
ire, withiii�tys'oi'fiilf rattxnrn s.AEm�ui, sha11 lie in tatYia of a
c ep Made paya6Td:to.;the:North,Cl� dibAD erif:of E yirgmenfal a .Nati ral l esaurce9.
ar °`111'.,".d ahgll b:• orw�rdei`tothC:fo11dd 0wsiiresei r
' �...
s::su ter
''
Asgiistant11tt0irziey Giietal::
;C T epart e t of itsstiC.e . '
;ry>. i2: 1116 a°; tr
Ash 'ilte,'I TC, 289 r
2. : 'Upnm• rrcacli''of'an oozidition:�i` li tii L' above the' etioOli r'''sh I'
Y p. P.' �.. r P
owe thc. responden -the entire, .66.0 a1- .airiount a£'#he' perialt e � :lain nineteen' thous iii six
h=dred. ana twenty=eight: da]1 ($19 62:$}! e s . ►;:a niaiiats .pad by th6 petitioner. .t '-the
respoll. ent pursuazzt•ta'this>:Agreemenk
3. upon a breech of'kliis A e ei�t':b3r: th petitioner; the sole issue in any actin by
th© respond t to collect s' d' a i#ids izi :tt�eu. of ' 'al: a r o t:.iii accoi dmh c w #lii the terms of
. , p ,
P P 'two i2above,,!, i 'fie •tt�e:' �aj�er�C di' tau-paj�mcxtt of. tha �igreerl=ugv�n ax�r eat i�a
coxdaricc with, the. t �g'�f tJ : Ag B a nil t�►e :issr�eg s al! AIDt i3alode 6 prapriet�+ trf filth ,
4, R�, a nt;:shalt uGccpt'ttae'suiri'`af: 1t':th6iiisiaad;sx h=dred arid•tweenlY $ '
,P ..
dol]a=s (8,628) ii iEe i ' on Qf the >:civ l; , Ilty- assessinep . at issue' in ttie.' above- led.
I
contested Casa, subpect.td:thq: *qW ofi iis.'A eeri s t:
�'..
5. Fet tionci t c tly: vu i�ves ts``ra tat fici. a carites ed cese heaimg in~tbfs and
additionally to mvit idi ' its p i on:fur::-a contested? heark. vivi�sly fitad with tho off ec
.• .
CEO.RAW'Y3PJ007035-m1UG1'4"4S71�N:},O�T�100 '

Apr 12
'00 9:24 P.06/08
Q4J'U.41UU Ul3,7 I.3' 'FAI 70'4 `3'42°4254--.• :
'.,FQY-NER & SFRUILL:. :' '•
`." . ; .: M UUD.lUU't
"Jamay iint
t Lake;
...�'..:�• '•-orlb�y�Q
' hid%° 4`V�i 4t�° lJC" t111A�� .�or
•:'!:',..• .tq(�
W,��Q�Q {ALLY r 'i � ug:
Q�•�ii �i '1•��•1V �11.1i'
os1
i,
4'15 Fisj
Na'�� f�,�"1�i�'it�#�
st�I�R : :;i�f9�►��
of cLw _ � e
crl C
WA a :,�, :t' E.. ' ti�ve
T?uc�c l
F
sL, tiirtlt
on any such:
�:
'�i�]''urillr
` ot�tib'stock�ct`as ar��l._
in 1c
L\fVLLLLLVild ¢i�' W �tiRrat�
�rii �• L�Q AfF too wrtCen' 1sin
4ataal's'Li�s�litL
.
DlractaL ° ♦
'
j ':,Lcc�Jtmliika
dari<flo;te 1 `rani
k +close l
f.
•w '
' • :
yFgcl�iur�a:�ntliii�'d��clywi,�: •
• •
,
�•
:.
• � � � • •
•
.. ;.;,;_:.:;F�'.:s•:::a,�s - Jf��S
�nyy�ou�v r��'t�L'��19�1•Y�:�l
-620'�. slid t},L9
cr>uu:r:orreomm ttodr 671. vl o�I13�0
.'

Apr 12
'00
9:25
P.07/08
:0:4/.44./,•.QU .; a�:l`3 :Fhb.:7U.4..`a4�`I;b884;::: ;..,.
I '
: POYNER & SPRUILL;
i .
IQ��1U1ilUUl
1gin
lantil
Csl•Vdll h>..i��+#!dL►T
i
•
' '••
.
/'�\
•' [tl1YN'�a:'�
:• fig,.:'
CVS'�1AI11',�li
the
'
' '
����jjJ��,'P ;-h;�;������� •�'��ti;' •.�pn�.�•i.
::mil,• ... .. 1:
�•'��!PPe�rottie-tbi�•ofrtha
...
,
-
:.
I,.
. ..
. • r'ak8;i ..:o� •�.:;: • .��''�433�F
• '
t a•10-�f�SrT
• � �
� , '
i'
•
.dr' �w�+"�c�++•�t� '2 Si 1''f�
�b4ye amv�
.
�lb��
' �:
'
•
•
7777 ..��..yyai�� J,�, 'P.' ' .'J..:aijtw�l
'G:� �Q���`�4i'�1I.a��LLA• IA3r
ray. CLOR�.
��1W.(.1•L[iC
���C��.
..
�.,
11
:,
lcil '
'l�lyn�<d►
i
..� .
Dui
'11
not
in
ns
h°
,
� '• • - ; r;;;e11�J.
suigmtgo*,wii'I
be•
• '
' �_'
' `��
•
.
:snni n� `'. •��'3[Y'�COh17l�OA��
�i� balOw�daar�:�.
1,
i'
If

►stL tlffiRl�6tla v.2 040M
�,o�oo�oss-oiioa,�sT,av1osr.��ao..

State of North Carolina
Department of Environment
and Natural Resources
Division of Water ,Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
July 15, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. C. David Snipes
Southeastern Jurisdictional Administrative Council, Inc.
Post Office Box 67
Lake Junaluska, NC 28745
Dear Mr. Snipes:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
SUBJECT: Request for Payment of Fish Kill Damages
Pursuant to General Statute 143-215.3(a)(7)
Haywood County
This cover letter transmits a request for payment of fish kill damages in the amount of $32,567.
The Southeastern Jurisdictional Administrative Council, Inc. is hereby requested to pay within
thirty days the sum of $32,567 to the Department of Environment and Natural Resources for fish kill
damages resulting when the lake was drained on or about November 11 and 12, 1998.
The payment should be by check made payable to the Department of Environment and Natural
Resources. Please submit payment to the attention of:
Ms. Coleen Sullins
Water Quality Section
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Failure to make payment within thirty days will result in this matter being referred to the Attorney
General's Office with a request to initiate a collection action in Superior Court.
If you have any questions, please contact Steve Lewis of the Division of Water Quality at (919)
733-5083, ext. 539 or Frank McBride of the Wildlife Resources Commission at [phone], ext. 283.
Sincerely,
Kerr T. Stevens
cc: A iZe iiie=Rsegwr. ia Bice
irkPublic Information Officer
Frank McBride — Wildlife Resources Commission
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

® North Carolina Wildlife Resources Commission KN
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
June 30, 1999
Steve Lewis
Nondischarge Compliance/Enforcement Unit
Division of Water Quality
Post Office Box 29535
Raleigh, NC 27626-0535
Subject: Lake Junaluska / Richland Creek Fish Kill
Haywood County
November 30, 1999
Dear Mr. Lewis:
The total fish replacement costs for the Lake Junaluska / Richland Creek fish kill is
$32,567 (see attached report). The total amount allocable to this agency is $32,567.
Thank you for your assistance. If you have questions concerning this report, please
contact me at [phone] ext. 283.
Sincerely,
Frank McBride, Manager
Habitat Conservation Program
Division of Inland Fisheries

® North Carolina Wildhfe Resources Commission®�
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Forrest Westall, Water Quality Supervisor
Department of Environment and Natural Resources
FROM: Micky Clemmons & Scott Loftiss, Fisheries Biologists
North Carolina Wildlife Resources Commission
SUBJECT: Seth ent release and fish kill on Lake Junaluska and Richland Creek
DATE: November 20, 1998
We are. writing this memorandum to request that your department take regulatory action
against Lake Junaluska Assembly for environmental degradation they have caused. The
Assembly has opened the lower gate on their dam and released tons of sediment
downstream into Richland Creek. This sediment destroyed the aquatic habitat of this
creek from the dam to the confluence with the Pigeon River. Most, if not all, the fish and
other aquatic life of this stream were killed. This release has also resulted in the
destruction of the fishery of Lake Junaluska. This is the second time that this has
happened in the last 5 years. Actions must be taken to stop this flagrant disregard for
water quality and the fisheries habitat and populations of this waterway.
In 1994 the Assembly opened this same lower gate so that an inspection of the dam could
be done. That release caused an inundation of the downstream habitat by sediment and an
extensive fish kill. No regulatory action was taken, nor did our agency ask for any,.
because this was a first time occurrence and they were following the instructions of the
dam inspectors. However, the environmental consequences of such actions were made
clear to the Assembly at that time. This second release and its resulting environmental
destruction appear to be intentional on the part of the Assembly. They have been drawing
the water level down each winter for the past several years to dredge sediment from the
upper lake. It appears that this release may be an attempt to have the water flowing
through the lake "dredge" accumulated sediments and move them downstream at no cost.
This sediment release has killed aquatic organisms in two ways. First, as the sediment and
water mixed, bacteria used up the dissolved oxygen. This caused most of the fish flowing
out of the lake to die as well as those organisms being inundated downstream. This

process is continuing to kill fish in the lake as the stream flowing over the lakebed mixes
with organic sediments, resulting in conditions conducive to bacterial growth and low
dissolved oxygen. The second way in which aquatic organisms have been killed is by the
sediments covering them Their gills would have filled with silt and they would have
suffocated. As they died the sediment buried them. This is particularly disturbing to the
North Carolina Wildlife Resources Commission because we have been stocking the Lake
for the last 3 years to reestablish the fish populations lost during the 1994 release.
We recognize that conducting a pickup and enumeration of the fish killed would not
provide your Departmegit with an accurate estimate of the number of fish killed. Since
most of the fish are buried under the sediments they would not be available to our
personnel. However, we do fill that the Assembly should be held accountable for their
actions. With this letter we are requesting that your Department seek the monetary value
of the fish that the North Carolina Wildlife Resources Commission has stocked in Lake
Junaluska over the last 3 years. The monetary value of these fish at the time of stocking is
$32,567, (see the attached table for the stocking information). This value is based on our
having stocked 46,060 largemouth bass, 32,150 bluegill, and 10,000 channel catfish.
When a size range was stocked (for example bluegill ranged from 1-4 inches) we used the
largest size in the range to figure the value. This was done based on the idea that those
fish would reach that larger size in a short period of time. Monetary Values are based on
the Guidelines of the American Fisheries Society.
Due to a number of reasons, we fill that this is a conservative estimate of the monetary
value of the fish killed by the Assemblies actions. This estimate is not based on the size of
the fish when killed. If we could have made a reliable estimate of the fish killed we would
have found larger fish than what have been used in the above estimate. We saw and
photographed a number of bass and catfish that would have weighed several pounds. The
monetary value does not take into account the lost reproductive contribution of the
stocked fish. Reproduction by the stocked fish would have been the primary reason the
lake fishery rebounded so quickly from the last release. The above estimate is based only
on the 3 species, that we know were stocked in the lake. We found and photographed a
number of other species that were killed. A large number of crappie were found dead
along the creek banks and buried in sediments. These fish were not used in our monetary
value; however, had they been used they could have significantly increased the total value
since they are assigned a relatively high cost per fish by the American Fisheries Society
Guidelines. The assigned monetary value does not take into account the destruction of the
habitat downstream of the dam. This in fact, may be the greatest cost since it involves the
loss of an entire ecosystem of some time into the future. For all of the above reasons, a
monetary value of $32,567 is very conservative. When the loss of other species, the loss
of stream habitat and the fact that this is the second time the Assembly has caused these
loses are taken into consideration the monetary value should be several times the above
amount.

Please keep us informed of the actions the Division of Water Quality is able to take with
regards to this situation.
Recent Stocking History of Lake Junaluska
Species
Date
Number
Size
Cost/fish*
Channel Catfish
3/27/96
10,000
5"
.14
Bluegill
3/27/96
32,150
1-4"
.62
Largemouth Bass
3/27/96
2,500
3-6"
.61
6/20/96
22,400
1.5"
.22
1997
10,000
3"
.24
1998
11,160
2.5"
.24
Total Largemouth Bass
46,060
Total Fish Stocked
88,210
U
*Monetary Values based on:
American Fisheries Society. 1992. Investigation and valuation of fish kills. American
Fisheries Society Special Publication 24.

.TL1L 16 ' 99 03: 32PM
State of forth Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr,, Governor
Wayne McDevitt, Secretary
Kerr''. Stevens, Director
P. 1/5
1
Post-ir Fax Not
/ 7671
ol1e
p$aff
T6 yfr/
t
From �. ✓F
'
Co m�
Phone #
Few #
Fax
July I5, 1999
NO" GARDLINA DEPARTMENT of
ENVIRONMfN7 AmD HArURAL RESOURCES
GERTIKED .MAIL
RMRN RECEIPT REQUESTED
b4L C. David Snipes
South=wrn Jurisdictional Administrative Council, Inc.
Post Office Box 67
Lake Junaluska, NC 28745
SUBJECT: Request for Payment of Fish Kill Damages
Pursuant to General Statute 143-215.3(a)(7)
Haywood County
Dear Mr. Snipes:
This cover letter transmits a request for payment of fish kill damages in the amount of $32,567.
The Southeasteni Jurisdictional Administrative Council, Inc. is hereby requestzA to pay within
thirty days the sum of $32,567 to the Department of Environmwt and Natural Resources for fish kill
damages resulting when the take was drained on or about November 11 and 12, 1998.
The payment should be by check [Wade payable to the Department. of Finvironment and Natural
Resources. Please submit payment to the attention of:
Ms. COleen Sullins
Water Quality Section
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Failure to make payment within thirty days will result in this matter being referred to the Attorney
General's Office with a request to initiate a collection action in Superior Court
If you have any questions, please contact Steve Lewis of the Division of Water Quality at (919)
7:33 5083, ext. 539 or Frank McBride of the Wildlife Resources Commission at [phone], en 283.
Sincerely,
Derr T. Stevens
cc: Asheville Regional Office
Public Information Officer
Frank McBride — Wildlife Resources Commission
1 61999 (f '
P.U. Box 79535, Raleigh, North Carolina 27626-0535 Telephone 910-733_-rr08jXY (9J?415-dA. 8
AnE Equal ortuni Afiir�tiveAction to er 50%rec cle&10'Xo 4sf
4 �PF tY �P Y S P

JUL 16 'QQ
0 3i5
Nord. Carob Tilc fe Resources Cc�r missio U�
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188. 919-733-3391
Charles R. Fullwood, Executive Director
11 EMORANDUM
TO: Forrest Vrestali, Water Quality Supervisor
Depa=ent of Eaviromtent and Natural Resources
FROM: Micky Clemmons & Scott Loftiss, Fisheries Biologists
North Carolina WildIn Resources Commission
C-
SUBJECT: Sent release and fish kilt on Lake Ju,luska and Richland Creek
DATE: November 20, 1998
We are writing this memorandum to request that your department take regulatory action
against Lake 3unaluska Assembly for environmental degradation they have caused, The
Assembly has opened the lower .gate on their dam and released tons of sediment
downstream into Richland Creek. This sediment destroyed the aquatic habitat of this
creek from the darn to the confluence with the Pigeon River. Most, if not all, the fish and
other aquatic life of this stream were killed. This release 1as also resulted in the
destructions of the fshery of Lake Junaluska. This is the second time that this has
happened in the last 5 vears. Actions muss be taken to stop this flagrant disregard for
water gstaliry and the fisheries habitat and populations of this waterway.
In 1994 the Assembly opened this same lower gate so that an inspection of the dam could
be done. That release caused an inundation of the downstream habitat by sediment and an
extensive fish kill. No regulatory action was taken, nor did our agency ask for any,
because this was a first time occurrence and they were following the instructions of the
dam inspectors. However, the environmental consequences of such actions were made
clear to the Assembly at that time. This second release and its resulting environmental
destruction appear to be intentional on the part of the Assembly_ They lave been drawing
the water level down each winter for the past several years to dredge sediment from the
upper lake. It appears that this release may be an attempt to have the water flowing
through the lake "dredge" accumulated sediments and move them downstream at no cost_
This sediment release has killed aquatic organisms in two ways. First, as the sediment and
water mixed, bacteria used up the dissolved oxygen. This caused most of the fish flowing,
out of the lake to die as well as those organisms being inundated downstream. This

JUL 16 '99 03:33PM P.4/5
process is continuing to kW &b. in the lake as the stream flowing over the lakebed Cruxes
with organic sediments, resulting in conditions conducive to bacterial growth and low
dissolved oxygen. The second way in which aquatic orgfanicrns have been killed is by the
sediments covering them. Their gills would have filled with silt and they would have
suffocated. As they died the sediment buried there. This is particularly disturbing to the
North Carolina Wildlife Resources Commission because we bavc been stocking the Lake
for the last 3 years to reestablish the fish populations lost during the 1994 release.
We recognize that conducting a. pickup and enumeratioo of the fish killed would not
provide your Departrne$t with an accurate estimate of the number of fish 1s Med. Since
most of the fish are buried under the sediments they would not be avaiBable to our
personnel- However, we do fill that the Assembly should be held accountable for their
actions. With this letter we are requesting that your Department seek the monetary value
of the fish that the North Carolina. Wildlife Resources Commission las stocked in Lake
Junaluska over the last 3 years. The monetary value of these fish at the time of stocking is
$32,567, (see the attached table for the stocking information). This value is based on our
having stocked 46,060 largemouth bass, 32,150 blueg&l, and 10,000 channel catfish,
When a size range was stocked (for example bluegi i ranged from I-4 inches) we used the
largest size in the range to figure the value. This was done based on the idea that those
fish would reach that larger size in a short period of time. Monetary Values are based on
the Guidelines of the American Fisheries Society.
Duce to a number of reasons, we fill that this is a conservative estL= of the monetary
value of the lash killed by the Assemblies actions. This estimate is not based on the size of
the fish when killed. If we could have made a reliable estimate of the fish killed we would
have found larger fish than what have been used in the above estimate. We saw and
photographed a number of bass and catfish that would have weighed several poundr, The
monetary value does not take into account the lost reproductive contribution of the
stocked fish Reproduction by the stocked fah would have been the primary reason the
lake fishery rebounded so quickly front the last release. The above estimate is based only
on the 3 species that we know were stocked in the lake. We fotmd and photographed a
number ofother. species that were killed. A large number of crappie were found dead
along the creek banks and buried in sediments. These fish were not used in our monetary
value; however, had they been used they could have significantly increased the total value
since they are assigned a relatively high cost per fish by the American Fisheries Society
Guidelines. The assigned monetary value does not takes into account the destruction of the
habitat downstream of the dam. This in fact, may be the greatest cost since it involves the
loss of an entire ecosystem of some time into the future. For all of the above reasons, a
monetary value of $32,567 is very conservative. When the loss of other species, the loss
of stream habitat and the fact that this is the second time the Assembly has caused these
loses are taken into consideration the monetary value should be several times the above
amount.

V
JUL 16 199 03:34PM P.5i5
PIease [seep us informed of the actions the Division of Water Quality is able to take with
regards to this situatiou.
Recent S_tockin�istoxy`of Lake Junaluska
Species Date .
Number
Size
Cos+Jfisb*
Cha=el Catfish 3/27/96
10,000
5"
.14
0
Bluegia 30-7/96
32,150
1-4"
.62
Largemouth Bass 3/27/96
2,500
3-6"
.61
6/20196
22,400.
1.5"
.22
1997
10,000
3"
.24
1998 _
11.160
2 5"
24
Total Largemouth Bass
46,060
Total. Fish Stocked
88,210
*Nfonetary Values based. on:
American Fisheries Society. 1992. Investigation and valuation of fish kills.
American
Fishmies Society Special Publication 24.

-53 �Y_ 60
ao
THE UNITED METHODIST CHURCH
SOUTHEASTERN JURISDICTIONAL ADMINISTRATIVE COUNCIL
September 3, 1999 RECEIVED
S&D ,
Steven C. Lewis
1617 Mail Service Center
Raliegh, NC 27699-1617
Dear Mr. Lewis:
�yy
N✓ArER 9
Nona'
� com
Y SEAT/p
pllance En
Thank you for responding on behalf of Mr. Tommy Stevens regarding the promised response
from our meeting of August 13. In response to his concerns I have attached the following:
❑ Letter from Richard B. Hamilton which states that he and his staff are currently
working to implement a fishery management plan for Lake Junaluska. We have met
with his staff and are now awaiting their proposal for a plan.
❑ Copy of the dam operating procedure which has been part of the standard operating
policies of Lake Junaluska since May, 1999. This policy should prevent any future
violations.
I would expect your department to notify the state attorney's office of the status of this alleged
civil penalty, and the discoveries that have been made since the fine was proposed. We will be
in contact with Ms. Suenna Sumter, and will provide whatever information that is necessary to
reach a speedy and equitable settlement.
Thank you very much for your assistance with this matter.
Sincerely,
C. David Snipes
Director of Operations
Cc: Senator Dan Robinson
POST OFFICE BOX 67 . LAKE JUNALUSKA, NORTH CAROLINA 28745 . [phone]

® North Carolina Wildlife Resources Commission®
S12 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
August 23, 1999
--`�
C. David Snipes
Director of Operations
The Unl}ed Methodist Church - `f'
Southeastern Jurisdictional Administrative Council
P. 0. Box 67
Lake Junaluska, NC 28745
Dear Mr. Snipes:
I have read the letter you sent to Kerr T. Stevens on August 13, 1999 that outlined the
discussions of our meeting that day on the subject of the Lake Junaluska fish kill. I
have no disagreement with the facts and conditions that you list as relative to the
incident.
The elements of settlement listed on page two of your letter, numbers 2 through 4,
accurately outline the essentials required by the Wildlife Resources Commission to
adequately compensate and mitigate the loss of fishery resources from the fish kill and
to prevent any reoccurrence. In our view, full implementation of these elements would
preclude the necessity for replacement cost for those fish killed.
I have already assigned our fishery staff the duty to contact you to initiate development
of a fishery management plan for Lake Junaluska that will accomplish these objectives
and be mutually beneficial to the -fishery resource, the fishing public, and your clientele
and organization. I trust we can work out all the elements and settle this matter
positively.
Sincerely,
I AdLM�0' JJ44nCh6l
Richard B. Hamilton
Assistant Director
North Carolina Wildlife Resources Commission
cc: Kerr T. Stevens
Bobby Setzer
Dan Robinson
Fred Harris

DAM OPERATING PROCEEDURE
No staff member shall open or close the floodgates below the
dam without another person present. This is for safety
purposes due to the remote location.
• Access to the floodgates is from County Rd. through the red metal
gate. A key marked "Hydro -gate" is needed to open the pad lock on
the gate. The Director of Property Management, all maintenance sta%
Security and Grounds crew has keys.
• A key marked "Hydro' and a # 3484 pad lock key are needed to open
the door to the control room.
• Switching the main breaker to the right of the entrance door turns on
electrical power.
• To gain access to the floodgates the roll up door needs to be opened.
• An electric pipe -threading tool with an adapter is used to operate the
valves. Forward opens the valves and reverse closes them.
• Under normal conditions the gates should not be adjusted by more
than a total of twelve inches at a time.
• With available data it is determined that the lake level will remain at a
constant level when all three gates are opened with twelve inches of
thread above the gear.
• All adjustments are to be recorded the dGty and time, who made
adjustment and how much adjustment was made.
30

MICHAEL E. EASLEY
Attorney General
Ms. Kim Hausen
Chief Hearings Clerk
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611
. STATF
Sfztfj� .af N-.arf4 Qlarolina
Peparfinmif of Titsfilre
Suite 300
124 College Street
Asheville, NC 28801
October 11, 1999
RE: Southeastern Jurisdictional Admin. Council v. DENR
OAH File No. 99 EHR 0958
Dear Ms. Hausen:
Western Office
Phone: [phone]
Fax: [phone]
I am forwarding a motion for filing in the above -referenced contested case. Please return a file -
stamped copy to me. I am enclosing a self-addressed envelope for your use.
Thank you for your assistance.
Sincerely,
Sueanna P. Sumpter
Assistant Attorney General
/SPS
Enclosures
xcT. Richard Kane, Esq.
Kerr T. Stevens
Forrest R. Westall
* 1*
An Equal Opportunity / Affirmative Action Employer In

oq paatnba= aq ZTTM suaeagS •zqj Pu-e TTEgsaM •=ICI ggoH .v
•aaggVM sTuq uT ssaugTM E sE suaAagS •=N buTTTao sagVdToTgUV
quapuodsag •asao pagsaquoo sTug go goaCgns 94q sT goTgm
quaur'ssassE aug apem oqM uosaad auq st puE AgTTEn5 xegvM go uo-rsT.&TQ
quapuodsa= auq go aogoa=Ta agq sT SUGB94S •I a=ax •£
•=aggvur sTug uT ssaugTM v sa UlTq buTTTVo s942dToT4uE guapuodsa=
aug puv 9OT990 TVuotbag aTTTAauSY s,quapuodsaa auq uT aosTA=adn$
AgTTEna =agEM TvuoTbag aqq ST TTv4SaM '2i 4s9aa0a •Z
•666T =aquraoaa g buTuuTbaq xaaM
auq but=np pTag aq TTTM buT=raq 9s20 pagsaquoo auq gagq S94PDTPUT
=aggvur sTg4 uT pa=aqua ATsnoTAa.zd zap=p bu•rTupagoS aqm • T
:buTMoTTOJ auq abpnr mpa 9ATgaagsTuTurpV
auq oqun smogs quapuodsa= 'uoTgour sqT go q=oddns uI •paTnpagosaa
aq =aggaur sTgq uT buTavaq auq gagq saAour ATTn9409ds92 puv 'p=ooa=
go Tasunoo sqT ubno=ug pu-e Aq .Iquapuodsa= aqq SaKOO MOM
( •guapuodsag
( ' sSamossx avunmvx aria
( ilRa IOUTANa ao MNHKMUVCTSa • O • H
( ' XIIWna UHIV14 aO NOISIAIa
DRIUVaH auriaHHOsau
Os HOISON ( •A
( ' =auo•rq•rgad
( ' HounH0 SSIQOHSHK aaliNn
''II moo SAImv-amSIxIwciv
( 'I HOISOIQSI2ifw bwaLlsvaHsrnos
8960 UHS 66 aOOM VH 30 LIM=
S9 VV:RH SAILIVUMSININCIV
HDIaaO HHS HI VXI'IOUVO HMUON AO HLIVMS

X'
:.f 2
attend the regularly -scheduled meeting of the N.C. Environmental
Management Commission during the week of 6 December 1999.
WHEREFORE the respondent respectfully requests that the
hearing in this matter be rescheduled for a week when its witnesses
can be available to appear and testify.
This the %% � day of October, 1999.
MICHAEL F. EASLEY
Attorney General
G% v
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
124 College Street, Suite 300"
Asheville NC 28801
Telephone: [phone]
State Bar No. 9404

CERTIFICATE OF SERVICE
I hereby certify that on this day the foregoing pleading was
served upon the parties to this action by depositing a copy of same
into an official depository of the United States Postal Service,
first- class postage prepaid, and addressed as follows:
T. Richard Kane, Esq.
Poyner & Spruill
Attorneys at Law
100 N. Tryon Street, Suite 400
Charlotte NC 28202-4010
This the day of October, 1999.
Sueanna P. Sumpter
Assistant Attorney General

Sep 20 '99 10:49
xrf. �xlrffj cirnamt
MICHAEL f EASLEY suite 3Q�
A""'� C0""`OI 124 College Street
AslieviNe, NC 28801
P. 01/05
We dem Mce
Phone: [phone]
Fax. [phone]
Note: The htformallon cmdelned hr thL* facsimile flltaiil00 is coftWealial Informatitm tiderated only for the use of the individual or entity namad
below. It the mader of this mammapa In not the Inran" recipient, ItaU at* namby n omed thatmW 41saamhu9on, distrlW Won or Copy 0# this
talaoapy 164tdcliy plohiAitad. If you have sacaivedff& b6calV in MOO pleese Immedla * mW"by fblephono and rehim the odglnnl meaeepe
to us attho address abwm via United States Pomaf S"c:a. Thank you.
DATE: September 20, 1999
TO: Forrest Westall
Asheville RegionW Office
FAX NUMBER: [phone]
FROM: Sueanna P. Sumpter
Assistant Attorney General
Attorney General's Westem Office
SUBJECT! Southeastern Jurisdictional Admin.'Counail, Inc.
(Lake Junaluska)
OAH No: 99 EHR 0958
NUMBER OF PAGES INCLUDING COVER SHEET:, 8
Please review this information and then call me to discuss this case. Thank you.
i
Ali Equal Oppc^

Sep 20 ' 99 10 : 49 P. C1210-B
0B�'1$l88 , ' ] 6: 46 FAX TOE; ,.2 'Y':;8P64 FQYNER do • SPRUI•LL 42001
i.
•*T■■■ets at tew
W11
,�dry'�f�1100NQft-Liyos9UUL Suitt4=16AN .t1`. ISS—IOX Chmfomt, MC 28202• 010
704-342 325Of7O4442,;MFait
. vvvwwrl�Ya�Pltaii7.�zt
'lift iUfuDurtKM cawmhacd in 13►a ached ammunhum malt; be] test Y atGoaney!e:[iem Pnvl7e8e, ifyou behave: tt j k hen
boom smz to you in wmi do am, rand ft• P'W= MU 704-342 5265idd exp%m 6]at ym have ift# retd 0& M=MMkbu. ia a=.
Then aextmy It orntflan it to the meadow. ' yom ' .
TOa
"
Nines Cp�uap ys
Telephone No. irex N4:
Sue:ennaP. Sumpta, Esq:.
A ssistent AU=ey
BZ8 231�6083 i828) 23] -633$
Total Png4 IndKdffng T4h Coves Sheeei 7
FROM
Nu=; T- Richard Kan
'1' a� hme: 744l342-5303
Date: 5eptemir4 14, •1994 T3rnes:'
Comltrarts: - -
LEGAL SMVIUS
Danklag, .yJCraI6uls'.
~ Appellate ' t VZT . and Fin�eial SMk4S"
• lox .)3wfncu L
g�+g Comp �tOa
'Otlil]llt�'�e$a ID.631a 1�0 !{L�a"dlid�7Si7iiel'!ufl '+ DSG�O O �
`.5A ; Eenpepym6aC YfR� - �Imiv
• I!w& =I11i3antal Law * Sx--A OrHxOi�s * Finands . -;tnifitis
allege[
• ■ Frmd fim Lff w General CywporMe
Govemnem Repttlamry and Municipal Law, Law, a• iie911 *CC= 'Lnw..Iibt FrdpM Laws + Merg= and Acquisl M
� MuniG�7e1 eat Utelitiep )llt�gittlem 'c Pt+0i6salObtkl:i:�ab�i�y",! Ftiblac kt"•mancelBottid T[ess9CtiDas • R�1.7»�e • $eeitr?ti0a 1.�!►
Sp".Lgw " Tsot • Techwim and imiisw-alwarm ' 'Ton-Li
a>in Yasarafim Deftme * 'Iihbap hthdan Udgigum.
* Tru3u and Bsm= 0 Mitc Cullzw Crlmimd Ddkn3o

Sep 20 '99 10:49 P. C3/08
09/14/-9B re:4.8 PAX .70�, 3��g:'5264 roym snfi i I�DQY
dAd Km
phaDlik 2M42-M
WME40FOYN"Fuluxem
SueIna Bnmpter,q,
Northuliva I1epaeQt of Justice
Asbevik NC
bL
ATTORNEY& AT LAW
•: agft ib' 14.1999
abtr 4WD
=NGt7Y .=, Y�ypjQ
Msdo
7M3wM
WNW
Re: Sot:rheas rn. sdtctrair�� ii�a► utty� Cauncl� hm, Urftd Methodist
Chwv)'v DfP&Idn of MWel-9uulny, 99EM D938- .
D= Ms, Slampter_
Thanks for speaking with itievw ier•toicase. i AM smut ypn them
dwmenu rhaz you may ot'atey hot h.wz.i lrcadySee lntt w¢ticb'mlate to.aurs�
discassioas. .. • . . .
F'M, I am send you as Auoust � letter f w,Vja&* * Resumes Commission to
DoWd Snipes, OW D:Octor of OPOIdUM at LaIM JunaltilsEce The pi�ctica4 effect ofthis ettoris
to s4tcie the Saete'e pot l 32,5 T �laisi fbit ;r ad.value of c fish that wart k9b&
In> afor the Sraee ®axien cot oiC '
p 1 aaim, rite•sumhcastern cow will cQUY
out items 2-4 frw.n Mr. Snipesxvstt} . i3 X r, .�tvhisir is tha senand eaclostus. That ia, the
SQUffiO s ML Cmteeil V611 C=bnue th$jr gjk.:e aoval peo8ratn bnt wi9i wtittaast polfcs .sad
ds� to.pneva-thc•oy�=-* spvcl:dreinWcifftLekc;the CQtimcilattdthe
Wildlife Reaouwi m.. o ommm wm3e:toget to ra� o fiah popul4don tbatwM
rt ive the periodic diaitsa s,enui vYi11' rovi frsl cooxo4bla'with-rift: x+�t'sgiovm prulpose of
fire Lal';e; attd flu Ctaitnail nisi d6 Haystmotlattty y?ssttwiil irre tie uPsr�eaom
habitat toroth �eartway. ss�sslarice#Zist Copacil° rspail�nds Apst�eam li�m tile
liih and Cmak hdd to die. Lake) angl'tkroti�h p iltlie •inSoi �nati�:
The third rnclosaac is a caplr of ilte )Mw- d9M operPtiitg p focedim wgIMAted by -Steve
Lewin. • . .
Yen will note Hutt Mr. Biomes' Augsis A3 I Eonoba;;rs m wWcment offer of S7d2 This
fig= rRAMettta aopwtion of our July 2fip�es.filisLg sattle�i�aL o� mod it ia.HPoU=tiy sdll in
CHANA I'1UM4701

Sep 20 '99 10:50 P. CL4/08
H..46 PA% .704 342 5264 FQVNER & SPRUILL rouua
•Sucatmaa tempter, ESq.
Stptcmber 14,1999
PAZc 2
play. However; as we havo karm:d m= uzu about.�the.tm we hm eomeluded that oam initial offer
the law strop
was h too : You zWW xecall fi�m.:�s fill fllattine IXyislou aid
Penalties, but
suppoift our •pasiuon'thnt•:Qn1y: one 006ft ac: m re<d, �xmt p tY for
Which would ba $1.0.000.
Moreover, as to each of€s,, the Mvision cdc-ulated a Penalty of S9500
Teased UII certain futditttgs t� Caacf long, �f� Q�,t', •auah 4a t� t%o e�eat oaf thc'ylnIatioa
up4u w `4t1," dr•1 withisi the-fiscf"oa end e�►se ogthc I)ivisi�n:
Ottxcis, haw+ Gr, dre cmoustrabl r ei 'eiiomaaytsl3� .it onut on the fact. Among the letter are:
(1) that the C'mmil saved `" ' ( q will
szg� suiris,of ��Y:•.dmr Violaiimmt e
be that it saved no mQEtLjr Itt al ,.- (2)'tlrsL=it.vyas "st $ t" that-*c vlctadoa was mmmitwci.
will be
svillfixlly tixre wino evldencoxvfWmfulnesp w srer); mtd (3) thatThe Gotmctil had a
".dgnrf iic mwr Prior rih o a, 3 it u pp a" -A* v'ola ff * e; prQNr= uudw ENC Wgulgtn4y
(a ohnoermof As chadlt wtligd jave• estahlisbed that the Coda NOV),rincil lies Bever be% had
T Got it has tmthnrs`zed rlle.�o.Y+e-extend stow
offer of $7628 in fl1I1 eettleuxdat of
thane Penalties; tips offer still inclade .$ 's i nv ye costs of 8.. However, to be
honest we = cq* mtaffugfms fi,gum bra wv :$6eJ honor bgqund to do av, not baving
withdra�►n it previously. I arrt n of curt eo '� to ofYhr mo, m and, should skis mattat be
xeibrred W nmdUdon: or sb[ould�settlenichi' discussions be b-. aan off=d they raavwm4 we
ramrn f.1nr RAM Of A1C d tow}!rd 01II91C�] 'IoWar �glty.
I look forward to rasplv�nB'thb MAW and 6m-Cou ne 1. Cooks forward. to doing its part to
rg impv+e the water quality of Vesta �itu�nafaska, i of Ri 'C=k
. 'Very Yuvrs,
T • Richard K:iG
Enclosures
cc: Ail&. C. David Snipca .

Sep 20 '99 10:51 P.05/08
?&I; 41 gg2�84 POYNRR a SPRUIL,i,� WJvu4P,�
r: J€I M! df;eiAR t1ojC^ . � Y
l'MOT
PAC
Kti
hT
� f � Wj
I~ David Ship= $.1999
Ohxtbr of oporz ons
The Unbaid ?4W:hodh*t C- Ui;h
SOUthOaMarn Jurisdict -PW Adaftig .cound.
P. 0. Boot 67
Lake JUMlUSW NC 29745
Dear Mr. Snipes:
fiays react the letWr you W*tD. Kt r :. Oni31;1 99 t
disec�tans 6rF r rrte t11d doy'+C hih -�gfa�toPthot:(bkr�':kirr�t l the
r no dls,�q► rig w�;tW I Sri or�d[t s thh you Ili as r
Incident.
The demo OF sr kierr * -11SW09):03.00 hma' Pf: VMWJ* nUfttrs 2.thrmo 4,
;3=umtwy mtlhe the rj6als ''- l g li. y tile~ our corn ta
equ ly ern ►. ferry' tr*m . jbh l arrd .
bo Rr�nta te.anti•m�. '(�•.li�s�gf � '� �
RY �Ffencc , lit uU? wa nr� ;rulr:lih#WMEi aWn 43� UMM. e3m� Vv Ldd
pmdude'tfie ray for mplaremdrik.aas f it e.Hati'idlaeci:
I rlave alr y. a reed cur 1�3h110y fl'.the -uky fxs r ont You to inivgtc p
mem
ur a fishery marwg4lnenC plan 1�7t i:,31G9 u lus tba Vv81.ar trllplral l obi
and ire rntittrally heneEfidar ta.th " sfiePyTl ouCt t 18 Ming Cttlbtic► and ymr dfantete
and Qrgankollon,. I titkyN can wo&otjt ap; a e► rfta and settle this matterposlty,
ftcecsyi
Ndr h'C*c gna UV dlife R,amur&* co"imiswon
c= Karr Tj Sty
Bob1�y.S�ar - .
Dan RObkmon
FreCl Hants
09/0419B FRI 14:44 (TXeRx: rQ #g6ol IM#io®

09F44/09'. U-147. PAX 704 ' S.42 ,06.4
Tim UNAED
Sep 20 '99 10:61
P4YM i -SPRUILL
4 TAOD'IST CHURCH
JUMMICTrONAh ADMEVrSWTHW COUNM
August 13, 1999' w
'�'
Kw T Steveos
North. Cmlim Db imut ofEn*oa t and—M ml Rovourom
P O Bois 2953E -
RaReghNorth CamHm27626-0535
Re: Conkranw;anAugint 13.:1999- .
Dear Mr. Steve=.
P. 06/aB
. . AM —
I WM9 to thank you fat. thp boos that ydu vW Wadog and di, mft Ilya proposed
penalty amssuut arid_'requast IDr Okymard-kr &.i.J4W"iraq South immiatlonal
Adtnirative Cavil lac. T bel': tltai 'o pa�o iti our mutual
utid ing. and I-o' t eBorts:o�' air Ito on to ate this
i believe that afim dui coi�siderutiun:at60:fblWwing, ii6 aation whichl seemed to be u
c9memm of the >�eting y®u should ird a li hd po*itm. to reach a decision is fag
Watt=
a Lake Juuaiu ka is a•pry Iake: bow as'a 1. side$ wffl gtnvaW prap , The vfket
mW fsh which belong to the slate earl Wt be =C;md whhout tmp?w over private
Fropcay.
a The fish dw w= Idiled, wee ,placed 1n.theIake by the sme without the kwwkdge or
commm of Lakc Ju nhzk&
a The t"dky violation vi►as a.aooglb eva�• duy w ttia erg of Laim JuaakA t to wld.
we ova, ednii t and it was not wM.Aor i®t . nnL
❑ Them was no money saved by Juna'du m iq 013 praom.
❑ T1m duration mul 'gravity nf#lis.*u%t%nwwq not us sued A= we now bmVe a
be= stream downfrom Ju mduska thm-we did bef6re thevinlativu,
❑ � prior fish-M in.1994 was a o sjuother statti+ nS 3' i �8 a
totnplate &6ato darmi care dn'll." nfthc dam The Wm I= beta.' dtamd
antnuully fior l U yeas a are mother r c on -air iaci .
a the ate is dne $628.00 Ahr the codk afthb i �S i Stimmon,
a Palicks and pcocedtues m no* in piece to' 't1iat. ELturbkW violation does sot
occur in the faturc.
POST DFkGE IMOX 67 . LAKE JUNJ►LIEKh, NORTH Cl OLINA 29745 . (704) - t=81

OVUM 18:47 Fax 704 $42 3261
Sep 20 '99 10:52
POOI'M & SPBUIIL .
P. 07/08
42uoa
,
It k MY sailing Am you will respaad to the off= that we have tzude vv hio. two
weeks or by Auguat 21,1999. The pmpoekjta wtda'Aff muft=m*paxftgbetw=
Sera xmbdktiona �•Couiwiutw-(S$mc° and Nua CariAM
Depattoe w of Fm&ior� and Ism ivllovws:
I. Based on new;in6d a tom: t
eeyptrding: nrbidi#y. i.'iPa SEJAlC � pays '
this is the (alai mtvawat of $7,000_U0. -: y ®vili.Ql9p pey ft cast of $62.8.00,
2. SEJA .0 uja comae their' I pragr�it# to remove the a& Sow the Itblind mvA
watorwoyr with an. annensl &m6m, aid reotval W. aa stow d WM P=k in a
o ,ado ties nail b iit�tr �Ifirat¢eu golicw aimd staffunhi6g wil snort
tl= this wig take plecx. ,
3. SEJAC wM vlrark withNC WTi dU* to esteid * a �pop p jWun. th It w,7l. s�mevivo
du&g tip chaff water level 4ul w� w wk W&tber to pmvidc in o w*
rummer takigg ][dP Con, fit 1388sr the.la.gtout�s. '
4. SEJAC wii paartaer with ugwood'W: rwgta Ask, ioa Inc. to kuprove the,
pslneam 1>abirat far Ric�la oil Crc�it'i tZm=m a and to iM� p��
iuftugdan TgPpltg the nip Qf p ing ft'water M HMMOW County
I bed that t>IIs is a amd roIi1a proposal aasi; will ai[ other Iegai
tt�iivities wve bavt'hr d fur spotrsc. fo tibia jr60Oi4L Tbaw tt n aiid tbiw
Proposal will not be av bla.after AEi�uat , r999.
I !soak forward to your response.
Sia�crely, -
Q David -
Dkemr of Operations
Cm Senator Dan- abioson
Dunk HemOwa
T Richard Kam

Sep 20 '99 10:5.2 P.08/08
:t`�•'";:',:: D9r'I.41;,$7QT•
DIMLY s - _ • Z a! aAq=
$+ M- ftaugh ft Ted UmW
Fto the
pad kK&!ram ate to ohm
. '' }La mat stiei r die p down
To Win Amm Ibmilb.
• �eolL pn.�ror: ..
' •-t Q .t I �vitk 44 Q the
tot3 t&;i.iva� Nfd xos� any.
• T ,pr t�aa�al 8 ' ,eoc bw mfpu ud by
' • '�P�. stvai[a��,d�t:ii�iie �e �! spa at•a
t t�rzlman. am apt tod+wa ;,aa?jm'af
SaR+Ddt�er,,• .. •
• A31 • ,�## the date'W' wh a'
• �� hour muati '��
09/63r89 i'RI 14_44 1TX/RX NO $tigD1 IMOOT

a NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
February 3, 1999
lT��II E��7s,, ►1�` `�2i1►�Fi
TO: Coleen Sullins
Water Quality Section Chief
THROUGH: Forrest R. Westall
Water Quality Regi *upervisor
FROM: D. Keith Haynes 4/p-
Environmental Specialist
SUBJECT Enforcement Action
Southeastern Jurisdictional Administrative Council Inc.
Lake Junaluska Assembly
Haywood County
INTRODUCTION:
Attached is an enforcement package for violations of the stream standard for turbidity
in Richland Creek below Lake Junaluska in Haywood County. Also included is a
memo from the Wildlife Resources Commission requesting that the subject facility be
required to pay fish replacement costs for the resultant fish kill.
REPORT:
On November 17, 1998, this Office received a call from a concerned citizen regarding
Richland Creek below Lake Junaluska. The citizen was concerned because Richland
Creek was full of sediment and also contained numerous dead fish. The citizen said
he first noticed the problem the previous week. On November 18, 1998, this writer
visited the site to collect turbidity samples and survey the extent of the fish kill. Then
on November 19, 1998, with Mr. Micky Clemmons and Mr. Scott Loftiss of the North
Carolina Wildlife Resources Commission met with me in order to try to further
evaluate the damage. Turbidity samples were also collected on the nineteenth.
Turbidity results for both sampling events revealed a violation of the stream standard.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

The -damage to fish and streamlife was so tremendous that Mr. Clemmons and Mr.
Loftiss stated that actually counting all of the dead fish etc., would be next to
impossible as numerous fish were buried in the sediment, which had been washed
downstream during the draining of the lake. (Pictures of the damage are included in
the enforcement package.)
When Mr. David Snipes of the Southeastern Jurisdictional Administrative Council was
contacted concerning the matter, he informed me that it was passed down the chain -of -
command that the lake needed to be drained in order to perform work on an area of
the lake shoreline. However, there were several "links" missing from the chain and
the person who finally received the orders to drain the lake was "unsupervised" and
simply did as he was told; "drain the lake". The fish kill occurred as a result of this.
Mr. Snipes informed me that lake draining was initiated on November 11 or 12. He
also stated that the lake could have been drained over a period of two or three weeks
rather than two or three days as occurred.
It should be noted that a similar situation occurred in December of 1994. DWQ
collected samples that resulted in turbidity violations and an NOV was sent to the
Lake Junaluska Assembly; however, none of the Lake personnel who were involved in
that incident are currently with the Lake. No fish kill occurred at that time.
IECOMNMNDATION:
It is recommended the appropriate enforcement action be taken against Southeastern
Jurisdictional- Administrative Council, Inc for the stream standard violations and the
resultant fish kill. We are also requesting that fish cost replacement be collected as
per the memo from the Wildlife Resources Commission.
Enclosure `
xc: Linda Forehand v

STATE OF NORTH CAROLINA
COUNTY OF HAYWOOD
IN THE MATTER OF:
SOUTHEASTERN JURISDICTIONAL
ADMINISTRATIVE COUNCIL
FOR VIOLATIONS OF:
NORTH CAROLINA GENERAL
STATUTE 143-215.1
AND
15A NCAC 2B .0200
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FILE No. SS
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statues (G.S.) 143-
215.6A, I, A. Preston Howard, Jr., Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Southeastern Jurisdictional Administrative Council Inc. is
a business organized and existing under the laws of the
State of North Carolina. Southeastern Jurisdictional
Administrative Council Inc. owns and operate a dam for
impounding Richland Creek which forms Lake Junaluska.
B. On November 18 & 19, 1998 DWQ staff inspected Richland
Creek above and below the Lake Junaluska Dam and observed
excessive amounts of sediment in the creek below the dam. A
large number of dead and dying fish and other aquatic life
were also observed.
C. DWQ took Turbidity measurements in the receiving stream.
The Turbidity in the receiving stream on November 18 was 68
NTU and on November 19 was 55 NTU. The stream Turbidity
standard is 50 NTU for aquatic life, as set forth in 15A
NCAC 2B .0211 (3) (k) .
D. Staff costs and expenses associated with detecting the
violation, defining its nature and extent and bringing the
enforcement action totaled $528.00.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. Southeastern Jurisdictional Administrative Council
Inc. is a "person" within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-2127(4).

B. Southeastern Jurisdictional Administrative Council
Inc. violated G.S. 143-215`.1 and 15A NCAC.2B .0211(3)
(k) on November 18 and 19, 1998 because of. the
turbidity standard violations resulting from the
draining of Lake Junaluska.
C. General .Statute 143-215.6A (a) (1-) --provides that a
civil penalty of not more than ten thousand dollars
per day may be assessed against_ a person who violates
any classification, standard, limitation, or
management practice established pursuant to G.S. 143-
214.1, 143-214.2 or 143-215.
D. General Statue 143-215.3(a) (9) provides that the
reasonable costs of any investigation, inspection or
monitoring survey may be assessed against a person
who violates any regulations, standards,, or conditions
of any permit issued to G.S. 143-215.1, or special
order or other document issued pursuant to G.S. 143-
215.2.
E. The Director, Division of Water Quality pursuant to
G.S. 143-215.6A (h), has the authority to assess civil
penalties.
Based upon the above Findings of Fact and Conclusions of
Law, I make the following:
III DECISION:
Pursuant to G..S. 143-215.6A in determining the amount of the
penalty, I have taken into account the Findings of Fact and
Conclusions considered the factors listed in G.S.
143-282.1.
Accordingl;
Inc. is he3��� �(
\ k
P;
authorizea'`
Administrative Council
,f .
as of G.S. 143-215.1
.0211 on November 18
1998.
on of G.S. 143-215..1
.0211 for violating the
Class C" waters by
kill.
ALTY which is
maximum penalty
..S. 143-215.6A (a)

$ 528.00 Enforcement costs.
U
TOTAL AMOUNT DUE
As required byLG.S. 143-215.6A(c), in determining the amount of
the penalty I have considered the factors listed in G.S.143D-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the
State, to the public health, or to private property resulting
from the violation;.
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or
on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by non-compliance;
(6) Whether the violation was committed willfully or
intentionally;
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(DATE) A. Preston Howard, Jr., P.E., Director
Division of Water Quality

CERTIFICATION PACE
I certify that the information in this report is
true to the best of my knowledge. All violations of self -
monitoring data have been verified by hard -copy review'of
the monthly reports (if applicable) and the appropriate
permit ( if applicable) .
Signaf,u 'e pVr/ ps- ,0vestigator (s )
DATE:

/6'te,'
--� ' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCE
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY'SECTION
November 23,-1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Snipes
Director of Operations
Lake Junaluska Assembly
Post Office Box 67
Lake Junaluska, North Carolina 28745
Subject: NOTICE OF VIOLATION &
NOTICE OF RECObZMNDATION FOR
ENFORCMMNT -
Turbidity Standard & Fish Kill
Richland_ Creek
..Haywood County
-Dear Mr. Snipes:
On November 18, 1998,- Mr. Keith Haynes of this Office
-_took a sample of Richland Creek, about 100 yards below the
dam, for the analysis of turbidity. The sample was,
collected as the result of citizens' concerns about the
tremendous amount of sediment noticed downstream and
numerous dead fish. During Mr. Haynes visit on November 18
and subsequent visit on November 19,.it was evident. that
silt problems resulting from the draining of the lake had
attributed to the large fish kill in Richland Creek
downstream of the dam. -
The turbidity reading taken on.November.18, 1998,
revealed a -measurement of 68'NTU (Nephelometric Turbidity
Units). On November 19 the result of a sample taken at the
.same place revealed a measurement of 33 NTU while a sample
taken at the Highway 209 bridge measured 55 NTU.
The freshwater turbidity standard for Class "C" waters
is 50 NTU for aquatic life, of which the aforementioned
reading was in excess. The upstream sample taken from
Richland Creek above Lake Junaluska resulted in a
measurement of 2.3 NTU on November 18 and 1.7 NTU on
November 19.
INY:LRCHANG6 DUILDINO, �9 Yti0O0FiN PLACZ, ASHEVILL9, N. C 28801-241.4
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50 a RECYCLE0/1 O a POST -CONSUMER PAPER

Mr. David Snipes
November 23, 1998
Page Two
In discussing the matter with you on November 20, 1998, you
informed Mr. Haynes that the lake had been drained in order for
work to be done along the rose walk bank area.
While it is understood that the lowering of the Lake may have
been necessary, it is requested that when the lake needs to be
drained in the future, that the level be dropped over an extended
period so that a situation like this can be prevented. It is
imperative that minimal impact to the downstream water quality of
Richland Creek be caused, including maintaining turbidity
measurements as low as possible and minimizing the possibility of
fish kills and other environmental damage.
Please be advised that this Office is planning to prepare a
recommendation for an enforcement action for submittal to Raleigh
for consideration. This action is deemed necessary because of the
aforementioned violations of.the turbidity standard and the
resultant fish kill. -
Pursuant to North Carolina General Statute 143-215.6A,'a civil
penalty.may be assessed against the Lake Junaluska Assembly -for
violations of any standard established pursuant to G.S. 143-21.4.1.
You will be advised of any decision relativeto the enforcement
recommendation.
Should you have any information relative to the violations,
which in your opinion should be considered prior to final action by
this Agency, it is requested that you submit such information in
writting to Mr. Haynes or me before December 10, 1998. It is also
requested that you contact Mr. Haynes in order to set-up a meeting
with -us regarding this subject.
Your cooperation in handling future matters similiar to this
is greatly appreciated. If you have any questions concerning this
or any related matters, please do not hesitate to contact Mr.
Haynes or me at 251-6208.
Sincerely,
orrest eR.Westall
Water Quality Regional Supervisor
xc: Haywood County Health Department
Keith Haynes
Scott Loftis

a
THE UNITED METHODIST CHURCH
SO UTHEASTERN JURISDICTIONAL ADMINISTRATIVE COUNCIL
December 3, 1998
DEr _ � eqR
Keith Haynes J
North Carolina Department of Environment and Natural Resources
Interchange Building, 59 Woodfin Place =
Asheville, NC 28801-2414
Dear Mr. Haynes:
I am responding to the letter of Mr. Forrest.Westall dated November 23 regarding the notice of
violation and notice of recommendation for enforcement. I am sincerely sorry that this incident
occurred and can assure you that processes have been put into place to assure that this does not
happen again. Some factors for your consideration in this matter are:
❑ The Lake has been drained annually for at least the past.15 years for maintenance and.
cleaning. As you know the silt inflow from upstream has almost destroyed the lake and Lake
Junaluska expends in excess of $50,000 per year to attempt to remedy this silt inflow
problem.
❑ My records indicate that there has been only one other incidence of a problem with the lake
draining process and that was also preceded by some staff changes.
a Jay Langford was employed by Lake Junaluska from 1988 until September of 1998 and had
direct responsibility for the lake and had most of the knowledge of drainage of the lake. His
replacement, Don Eubaugh, came on board during November, 1998 and now has direct
responsibility and knowledge for the lake and drainage. Thus we were without direct
supervision during the time of this lake drainage.
o , _The lake was to be drained before the first week of, ovember in order for RCF ^str'uction
to have access to the Rose Walk shore and for -our staff to have access to the sewer lines
along Lakeshore Drive. We began a slow drain process the second week in October, but our
golf course manager requested that our staff stop the process since due to the extreme
drought he needed to have access to the stream in order to keep the grass alive. The drainage
process was halted for over a week until some rains came. Our staff employee without
supervision decided to catch up the process and the water dropped too fast.
❑ I am Director of Operations and assume overall responsibility for this error. It is unfortunate
that I was out of the country on a two week study tour of England during this time. My
assumption was that the slow steady drain was taking place and we would be ready the first
of November for construction work.
❑ We have written procedures now for the lake drainage in the future and I can assure you that
this will not occur again as long as I am involved with the lake management.
POST OFFICE BOX 67 . LAKE JUNALUSKA, NORTH CAROLINA 28745 . [phone]

I would ask that you consider our long history of good environmental and natural resource
management, the unusual circumstances of this error, and the fact that we expend thousands of
dollars each year to maintain the natural resources of this beautiful place. We would prefer that
we be allowed to expend any proposed penalties directly upon the natural resources of Lake
Junaluska . It is a public area used by thousands of persons each year and the only source of
funding for this maintenance is The United Methodist Church and the Lake Junaluska
Conference Center.
Thank you for your kind attention and I will be happy to come and meet with you or any of your
staff on this matter at your convenience.
Sincere -
C. David Snipes
Director of Operations

North Carolina lildlife resources Comnussion5l
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Forrest Westall, Water Quality Supervisor
Department of Environment and Natural Resources
FROM: Micky Clemmons & Scott Loftiss, Fisheries Biologists
North Carolina Wildlife Resources Commission
SUBJECT: Sed' ent release and fish kill on Lake Junaluska and Richland Creek
DATE: November 20,.1998
We are writing this memorandum to request that your department take regulatory action
against Lake Junaluska Assembly for environmental degradation they have caused. The
Assembly has opened the lower gate on their dam and released tons of sediment -
downstream into Richland Creek. This sediment destroyed the aquatic habitat of this
creek from the dam to the confluence with the Pigeon River. Most, if not all, the fish and
other aquatic life of this stream were killed. This release has also resulted in the
destruction of the fishery of Lake Junaluska. This is the second time that this has
happened in the last 5 years.- Actions must be taken to stop this flagrant disregard for
water quality and the fisheries habitat and populations of this waterway.
In 1994 the Assembly opened this same lower gate so that an inspection of the dam could
be done. That release caused an inundation of the downstream habitat by sediment and an.
ektensive fish kill. No regulatory action was taken, nor did our agency ask for any,
because this was a first time occurrence and they were following the instructions of the
dam inspectors. However, the environmental consequences of such actions were made
clear to the Assembly at that time. This second release and its resulting environmental
destruction appear to be intentional on the part of the Assembly.' They have been drawing
the water level down each winter for the past several. years to dredge sediment from the
upper lake. It appears that this release may be an attempt to have the water flowing
through the lake "dredge" accumulated sediments and move them downstream at no cost.
This sediment release has killed aquatic organisms in two ways.. First, as the sediment and
water mixed, bacteria used up the dissolved oxygen. This caused most of the fish flowing
out of the lake to die as well as those organisms being inundated downstream. This

process is continuing to kill fish in the lake as the stream flowing over the lakebed mixes
with organic sediments, resulting in conditions conducive to bacterial growth and low
dissolved oxygen. The second way in which aquatic organisms have been killed is by the
sediments covering them. Their gills would have filled with silt and they would have
suffocated. As they died the sediment buried them. This is particularly disturbing to the
North Carolina Wildlife Resources Commission because we have been stocking the Lake
for the last 3 years to reestablish the fish populations lost during the 1994 release.
We recognize that conducting a pickup and enumeration of the fish killed would not
provide your Department with an accurate estimate of the number of fish killed. Since
most of the fish are buried under the sediments they would not be available to our
personnel. However, we do fill that the Assembly should be held accountable for their
actions. With this letter we are requesting that your Department seek the monetary value
of the fish that the North Carolina Wildlife Resources Commission has stocked in Lake
Junaluska over the last 3 years. The monetary value of these fish at the time of stocking is
$32,567, (see the attached table for the stocking information). This value is based on our
having stocked 46,060 largemouth bass, 32,150 bluegill, and 10,000 channel catfish.
When a size range was stocked (for example bluegill ranged from 1-4 inches) we used the
largest size in the range to figure the value. This was done based on the idea that those
fish would reach that larger size in a short period 6f time. Monetary Values are based on
the Guidelines of the American Fisheries Society.
Due to a number of reasons, we fill that this is a conservative estimate of the monetary .
value of the fish killed by the Assemblies actions. This estimate is not based on the size of
-the fish when killed. If we could have made a reliable estimate of the fish killed we would
have found larger fish than what have been used in the above estimate. We saw and
photographed a number of bass and catfish that would have weighed several pounds. The
monetary value does not take into account the lost reproductive contribution of the
stocked fish. Reproduction by the stocked fish would have been the primary reason the
lake fishery rebounded so quickly from the last release. The above estimate is based only
on the.3 species that we know were stocked in the lake. We found and photographed -a
T
number of other species that were killed. A large number of crappie were found dead
along the creek banks and buried in sediments. These fish were not used in our monetary
value; however, had they been used they could have significantly increased the total value
since they are assigned a relatively high cost per fish by the American Fisheries Society
Guidelines. The assigned monetary value does not take into account the destruction of the
habitat downstream of the dam This in fact, may be the greatest cost since it involves the
loss of an entire ecosystem of some time into the future. For all of the above reasons, a
monetary value of $32,567 is very conservative. When the loss of other species, the loss
of stream habitat and the fact that this is the second time the Assembly has caused these
loses are taken into consideration the monetary value should be several times the above
amount.

Please keep us informed of the actions the Division of Water Quality is able to'take with
regards to this situation.
Recent Stockiniz
History of Lake 7unaluska
Species Date
Number
Size
Cost/fish`
Channel Catfish 3/27/96
10,000
5"
.14
Bluegill 3/27/96
32,150
1-4"
.62
Largemouth Bass 3/27/96
2,500
3-6"
.61
6/20/96
22,400
1.5"
.22
1997
10,000
3"
.24
1998
11160
2.5"
.24
Total Largemouth Bass
46,060
Total Fish Stocked
88,210
*Monetary Values .based on: .
American Fisheries. Society. 1992. Investigation and valuation of fish kills.
American
Fisheries Society Special Publication 24.

0 vow$'
L �vfi.�' '�_ � , ; !a, ,Y„tr .: cr .. �- S -' ,•sY� r.Gffi4`:a..."tta"M'. k ,° h y `.: } ' !'� '�. fit, .,�.."`C . ut �u,a'_ x
'•;' -
'CtCwIsue.
�h.
C 5.
SAM

.' a 3 • YR L.. 4 r r , . .. " .Ir �'% rir4'f Z }- ` 2a,'„ „�
i � r
QU
10
F
k!74uy,;",``
���>•~" � �,,ra 'D-.�yaj &''� • ',�Oy`� �,� .��" � k- dui :��
lit
a y
t •K �', y 1 .� �, ���'^ tb'}��a „� A ..w�"'p'-"K 4. ;%Iq�, Q �. * f ¢ M g
XR
TyN
sw F +'hnK n �' ,�. . " a 5.�� �. A t. Y• r. �,8c �>i � » +� o� M �w , .�F ��yy �f t a,p.
V i . �{ '.•F* M fig ?, r: -�},
s1,
{� ",y„ 1+ Y L s ,?A i f 'i , "r `ic �t.t�* �r � �`�x • .� •'� , � . , "�.t' ,,�•,� .- � " Z
Tu VAN,
51
t Al : t. o
44
my
zks3m-iA�F
MAN
eY""^"�'�'' e i ,�. �. � 'F r s, •�a'�t�td+��8t '� _,�o ��.i
f w�q•�*�r., "� <„ - �'.'.�� ay e'�3 a it t,� � „ e.? - ���'�� . , �� �'a:-� ��r�.� � G•`s3' ,
wo
W r ! vjr. ',t ',j `mil �'t �$. d f� ` Y w� F. "�` g+.. � tt��� i \' � •�•
g
� r� h�, Y„ . yr cgs a f+•��'f ��w"=' \Y a� � } '� � � L o' � �� 6's 5 �: 5 � � tf.� ! , .f ��" 9( a` ,
d in
'glet .4"ytK 3 4 h_.i '$•
'
�, } a,*L yi !�. T " -^•. - ,
�.tl. .d s '� i ` ` r t yr• y *i� '�R�y t`� � �"_ ,p�� I&. y .Y.` . v , ,, �i.
G•:tr i"4. sy h . ` �ha .?+.# + '+ Of ��
n 4isNr�+kC
y,# #•� 4a Q`� `r{nq ty.:'' Evil
i tj +�°L:•�. t��11'}.
p
- `���Ff".asij��..�� } '��i,L�d' �' `L14 �e t3S�N� s� e `k}7 ��f.•A � _ L'' • �� �? ,
li;, ,� Ss °'t. r a", s °� V "* w •`;;��,{r` Y `�. `$.Hi ° r., ` 'y . _ ':x'
'; M003i• 1 �xa �•t'� �w- ail %i� � 6 '�S�a�'3: ��,'�^��� � 5.. '�'�L4 � S. .6 a jb .a. �:..

.. I � 5
�
.
y:+WW,I— g
'.'�si..���ksi`•r "kr+,F gR' F', i, �` a�,."qY4 '' ' '�.s �`_riceg-'�-r`'ca",. " .ma-q'�*.', yr tdt w r a34m+, .x' 4 ,.'. - '*w4` '+a.rr"ns."'Hv»�r ><VQd
+
yy ,�.. , A •.�f[ ti2"l'. a pw
++-,ate-•`a• •- ^ ire fS " `P- ° 1 ;<�+.s ;. � � *NV �„,
64
:A. � ., o. t __ � ••.rr-'� yg�. �1�. � � �," �.r a•S� yam- � .
.,N i, _ { r _ ,+•a �y , nix i .�,z,µr�` 'r •,e
,s a^
a. � a �,ty, r r vn r` ' ,,. SbxS .- '. t � � •rwn,°`°"Y -'�" k' �"wv{�

r!:",i- of � x iY'Cg xt�a5
;'�k' �`�+l ,R �+�_ _ r•�'T � ° �A � y�� �OE.`.. ;' q��� � �Y (CV4'i[.h «#+z�y��,b
4 YRL, 4 Z � i�� ..il' EE� �M�'S.y S fir✓ Td [�'4��
7�* xY ;� .F ., i J: lye k`� 7:r' ,r�'t4 r t d8 "tr y..'
"s',-'v'i7y ` ; hi +� a -a 4k Le3
�
���:�� �° - ��} fin.'*�`'. a aT f .* � 4^�4�X'LL >•?i, � � �"4.,p � �eR 4 = :..,, r'� "t + � ��'
Flex ''��sk -» -y:r "'*' ' _ •^n �L"�*�=t°�� ,r:�r� __- `` �i, Fx a'��'pG s� ���
xY }
k*+c 3✓ a ss :r Y* y n: °tr_ aru8
,� `P "f„4�
�'
Ir'
`'f*Si ,rkr.
'� T 'Wr3 sAPt'W wa{.,r i_1 1 i''�'.•' ? ', _.S"�'k 6., 'aY'5sy?- Wn
_�ga a+gNp4 1rwi �y N }� �S�tarz `t y f` rl
r r L"���G. •'�a"'a�'�+"�+eit1`+%��+. .r.�. �`4s' .�; a�•y�� � y,� �,a ,� c x .?+ cr s „t'�`-'r "�`'4, xit
4rti'RLe�ue`l � ^M. �'Vp, c - • 4 vi*,�
c Y3mer; t'',.�' "'' F � n r' �- ",., .::w�r,c,+o" ,r,ry � . ! r r+� t , r .. �"r • r .ty4yd
`w,Y ire. `yw r �§ ' '� h ' �� ..w�'��t`Yt' ">�+ �� A� ".". ". ,. r .w,`.',+t•+s.*'`. m.*ugs°t°� � �" � .. + ' R�� � - .d+.` "W.�.
t';"�r'� <' kE.. t�� r"�'t k ^ .�5 - i � A.q,�.t. •�°' � _ y.. r ^t `. , � •'drk 9' i
re+ 'Jt'�''tir ,� ¢`iy!�:x .+ 3 y y,,,Atu r .�4sx r x,T' '#e'•. t, r{ °.;,1" �%".'ix
l'�k?�" i t)#�,,,yt��'�gJ'� .�G..3:,t� .. r, rhvd 7`•'
iA KK
4�s�"`we ti,. ti�,r•�� ��_�� .S '� rr x i a rPp t-� �.�,{� �Sk'yr � ..
Y i 5
t 4 t •`'^ J,r:.r+S+ °,.
• �+ 7 ^• Nw. rA. ;Fb,^7F "'*1G 'E f ` - rr i'd`� i r r v':3rc'
M l R 3 '4v:,
„'.F•tM{ +.eh�e `f ..a ts"1'"!b'�'" ` , .� t w x',:3' c 3 ,k �.�t�" a , �'.i pi. .� x'( a h �tt,�r' '**t 7a
. �,� , �„� ycr a. �gw,� s M`�r.r.,�,t iB4 a«,� t� 'S d �+r �'ki fnt } tE �„ �'dN *'� r s�t � r � �.�'-7� �`.•n ^x
�• �nrr'�7h x `3 +r t. t re^ +Y+r g. ,`• .t ti ¢ �., yy,
Pg.
iY���r
�•' In rR F �'t ^Y"C f•J;[ a .sx � '1€ ''r
„dR -�R at1j. •`{r+ ,nip".. 1.,�e a? t �.�,, t' 4 Jr., ds- � t. 7'
}�
,s
n f
• F [fr`i tea¢
,. �... }d��.4a,tt ���� .. r.ur'C1k6�."c:. UhTeX�f ei r .'•R�� k.5•ve �*'K� . .,..�4:.._� �.

x,v?WA
*} -ism a-'" kj on,Y,�i
w_5 � U ,` Y"'a. t "' £ s. . � a r.�p'�" � ik.�a � � -.tea t•
ire. �� m">c;`a� ��' ��;a,i g; v�, �.; a'r�.� r'a rrr. x.=,r 'b•� �;�,an. ,'..., .,�,y"-.:,�.c, �'^'';�- "t�'r"�3.���?
kt:} a m '�7cL. "*-�"� , e:++t`m ,3a:•_ 'w +.. a.7:.!...-" yv �. vrd.. ,.wa- ' f „,,.;t., w. �°,v*.� W
•� � s,.�+tY } 3 1. ,.,k, a.`� F v ly.. � ,
1 T •"'v �• -�.a- �r-#'�•`I` '4ii ti �. a t rc >'� hsC `'A „' `�-. t b" '
�„`� q� a�a '*-.i+,� r �.s � x,-+=t�`�°.�'-�'� .k�'."""� -rya ""�• M1 ` 'y �+�t `, y� ~ .,�
'1.�g+
`.�?i1"714
'' �1 j .,S' Ax s# ;s *" :� ,jr. :; •i t_^
ow 4K'
r '�• '1 r �s s n 3,,, �`
k � Y y,s'�" ,� ap � � 3 ,, b^' j. y � ,f ya ¢ f '''v'`a ly '°''z " v '.•,� �. F W k ."
'r.. "1 ",+_.`may ' ,.•.' a1d r r',,,` d �,s m 1 '`°'` r "�• ' y �k" 2.4�.�"At^t��� 3"s','•R- r t '` '. 1 s
a {.+W'ur �� �+ko"-'D x � ..; i `��T yk� � ! ,�,af.-"^ '��� � "�„T a • r"„ - � a.F- ... .,, Vv.

q� 4
xf y 4
•Y'.. eta y y"I': +'' �^ � y�
r y",
.a;,y .:i'• 1 ..en,. wf..., s. � .cam{•« �. �,* x "' _ .:-<i
n
1.0
k.. i #'J„ " 'eta¢ �•§, *x r k M
_, etc .. A �e�.• a t •,„�'r'z`��"',y�p�� � r : a ^s,.*t'�''•�€^�. $4 R � �, 1
�r
,.... ..F .Y' tom. ,g•`� •>. H .P'r �,s* a'4` w �§;$
It N
a
eye '�
'^ .t J w L
M.r .rrr-:4" n ?".`+n F- r •c ^ 5 A!3a`«
4 e �`� a =y : �",� w `*. Y n
g•' lCt .. �' . �e3yy �^c_ a.s sR,«� r;YS fi , w
•" J �ify +o L h
f
,�r
r r .. �`�

y r 1 r �"R9Tx�,y�`�y� T'nS!•. y°2 4 TV.Y r' �1._.,t� ,fig ->z li
f �� �c�� S� y#. �,� u� 'r?�5ri`,���� i�T,�t rr•ys<`�r#�h� �,-p,* s 'rY;;�� ��u`r Ky �'y,�.���'xa r�� Y�-�,4"
�l#i-r- f c S _�,.�¢ x��# ��u � t ;; ' ,.. f i :.� r «�Y'�. c' .tn 1k�"•K a .may r �+ i
���� 6 � ,a✓`b'>r a.-y Ft: .�# ��°`.'� �;� ..: A, �' ° • y."'°�.. it +g i �F .� n'
i�''J'. �� � .z�. ,yw .x �� � .+:4. �, a ?� r�+�•.,, tot
a ,..�'! �' r< � � ;, �' s.,ty. %"M r � 'r s s� � - .. �2� � • f 1r c � i'
T.,
4f,< fi N
plot"_47
¥'�ti+�si'j• `{rr&�'�`.d',: � f. Y e - ��";r �,__ 3' y sya �.r}tg`°` '
IN
slip i l c A-.',:
�7-•,,,n � ♦f b , i�za,' * ,S�v '�,. `' � ,es , . �,.7 T.*� � ±�1 �'. y<&g F t
Yi0 OW
-K,yr k pth,'a �,Mak
a{ ; f� a
%
1 �
f
"'7 S XA.,; 7# { ,a 'r�44, Y??r. T�
r a�i �� �••� § y• h Y'e r1• r ulF, {V,✓ti�''
y�
_ • ` <.}!
a`,y
�T
n

w L r � -.� � .` ` �� r `' �^ '°fin• a
rt . ,�' r'�' is �kk� f..#•,. ar,+ t ;,,,,,,3 rr s .� ns'�"�. .,. &:�-
It
q,;..�•Rwz+ ty ..q ;a=,+.* �,,yt .a e-'�x' d :ts,-' "as
.>a '- . ~�' ���� �^
�Ig l:.yr��i G't' Y � M3 �� �D "'d i �,jry(��j;r't�{aw-� b'•_ '� � �{r,��.� M1°'MN�'�ii'SC.'k'.1
ef�7-r�lq
*t
,� y' y q
Y r
M-3.y't`yF-''-a�La'.."s
R4,t
Z
* i + � .'J xt+ � *� � �` • a f � s . �.. ,'��c•' ��=�,+'°; ' fin'" . � �:x� ���„��'�. r.�az
sr r w =
s}. Off
.�'
alvi -6
�.rw.n.v _x xsr
�.�r' r?5yt rai-+�^ g �+�' A� � �„r•,, qn� �' .. f' L �
r�i +
„���,t�-� i� �'-e Tim s x �.•
Sty m"
s$ g a'+srcw
^ �, � � I � -- Y 4 ..:. '�- �vwawwiswmVnt• �,+i3�:+'
an2a 7 CJ.49ry
"�4fT � ' 4 d � `£ • y � �xi�:°' a "- w,f� r s 4 -.. x%'*�`k r��'-'�v s"-3+v
-
.._r>

d� I % R`• • it •' 'd � � a� `<v, i.
i r , � �Y�40.�y1•'gf• i� � �
>: ^„ :: y�..r_ 't ;.rw` ,a .4 a � ���'�-'�fi•���h� °tom .R- °L4 • i.y,.,.
rY�B`-e*#;t�.
a � �"` wa.;an e.. •". ..�1�t_"S• r:+.r'�,�,uJ ���tv f - "u" si.:ar
��•� ,i�"*W�"���.�.as"' � " � Yt.��'p.� ^ .� '4�. ��' M1.�. {����+ del,
r�/ y 1 �.F Y i} , ,� r,•i^ r .t� to iP.`,'.AW�'��i'� `t •.drq" k,+ �' R.,,� •�,»8'
4 ja w y c c,3
r1� � t,r - 4 ,. g < !^-.►��' �.^ � .:�� .h�i "F. � fir• -.: tti r
4s
� . ''`�!"�.IE� +-:f^ .s r _ «�; • z � i ,,,� :i _+F+f ."�' '� . c 1��� tJfh/�i'+��Ri- ef.

,•
�j`Y:�w?s
; �( {r .P�,n�. a 4.d .%+». p>y.•
tM 7
Y :i
` w � t...4'i>;hn•.C7tu,� �- { ,aax:;"l�rz,
sir n'
l�e� .� .
A%;
� � ��"`.1L�'�Xi}rty. 1 e•�. �} � ,� ! � i�
r
d$y��
d
rJ
y
+'C'Ci �i�i •A �� .�Pi
..y(
�:'i
- 5•..n - 4 �` �« �n �6'kk�pvr �'F�"r ..e rt+..' 6 ..
f:
fir- * fEY+ a.�":. a, >k � x" � t^•
44r,. EJ
h';,'E` �. {4 •��.,+�: 7`� �. tt. (xt;..d_ . 3°h �� •ihw� .4>. �r'��� �� FL�p� �iF.aN`� � 4�r:'. '3�
_ A k
+ v x • I � �.� � ,�rM� a�� er. � t � .. �
IF
v 'kx a �.
�,.y......N uc..{s:�.1:<. • ,.� S. 4 .. � 3'^ti+-tW+rf 'f0i1'� N � .5 .%+l'�`t
ITi:.
+^�-�rs ;�i�.� yl .: t,, '•( �'�` � 3t4'"'...c�.-,=. ,P � ,�� ,jl'i y"�``"a ''M-•��`"'���,',. to -�,a 1 �.�yJ
'gy"yf^7'�i. e. ;. a:. w{ � �� •M^` 4 �r�^ 7 t f - �a wP};gil�,i.�.�s ii� ... � � w-3�f�' t"��jK'y�d>
Y ti
'>f,(a-. rv. T :•a.. ���•,,� ' .•+�+� ,3s„+,,�gSs �. i ,�.:. �'' A#{pL G+' ard-`� i rya (.+�
* L 3..• r{+.�, '. `` � Y• � �. r r t*�+° µ, t-� h*'"'t' b ,� � {Y • � s"' � � {{4 +`� r { w x
�,...!`• ,�+`�; � * . � r s �YyP� +cam * a. � ��. �fv

rt'5`XsF
yl
i "' .¢ �7 e�• r. �' i• y�i, tfz �
S Ak.
i3 i •`�i yt �g a>y,hF�4t -� P ary b h 2'i' i^ 'i
l -z> �. ��,F,v.. � ;'M'.S <•k n ; a i` , r ,. % : � �- '�'°j�'�'x � ,`3 -e �"�xn'f3" �t'�'�" �%�`"S^V T�'
't�T�+ �,pgyn, ; 1+a; t .u,�W �•- c • /Z" ° ,. �` � �'� +..,+�t� � k � x � e y4 µt<`t�j ,: �: N�'d�".
a a' '�• 1 ��� k � rs � -t'�� p� '�`r.-t �y'.�t�* ��` '' � � #�'t�tt� Ft> r'
�•W`Y- r e�� w �� Y �5 y �p}F,=` e .r � �•t'�'.� f � kf -� �' "rj�-� +✓h � �� � �s�4�r
� � � yv"+R- � .rt. d^A �• #' ( 6 „t�`'Y�� 1 ." 't '`�A� a J,+�^�ty� hx �b T x. 1 � rh �•'"�Y� �. t � J
F x�•,, r ���t �'�`7 . •4.4 a' � { '$ - a � 'S a �zi >i+� � �' a "� ,S•f'�17,`�r 3�i� I
a
/.kE•s..:�e,a �'�r zE•. •^s ::AoS; _t .,'A"rsti�.ao'a1.er'Ntx'lx> �,3 ��`eY ,,..�� .�i.,a�, c u � . _ .., .. �'k:3;

t
� ` Y > +`R � Jay { 7 ✓Y {
ed r' � 3C. fi r i r't�* 'x',.t•; ' ah F-; } j.<
` r �� +�,� � .. 1 ' W � `' y�,�,iray ?e•'x� sa,h+rf g. '"""" .�" 4y-a ' x'"..
e�
x. ,'i r •�'`�,� ,�7.R€,�„ .r s��x '8i. ,,"�a,'u' a ��t• � y,s "�' M.a�" "r w �a�j. ..- - ,
o er,eu•,nv. K'iK' ; aw-r+`+t�"o'+C4- ': v� ` Ursi t
f.. - ,.,.ss'"F'..x•^..ra.F4f+r-.w...=? .r.r�r t� }��.✓�'.�,'S"2.. M"�'.*T- � � J `
•'3�.'.•"'� �'" r e ,'X�`e x,1�+•.�`•>,F•':.
RP, 'w
t £i -,r.-«'`y �°�`ea`''_;'�'+•' ;''.ri,vC�'`'^' c.�i.u ".�'-
• 1 •. '�, t .q^ E'4' a'r"-`i -,'. y,r_a.c -.v e,re y� �
/''}+F �'y�,:'i' , y f .7'j�,.+°°jr'
'Xt
S i 4
4a
At .`fit N✓ '�+,-.:sue ii R . �,�. r.wrr, '°' ''.+".�,� t #yy3s
>:. � 4: s rya s- •�b .'r s, 3, #r>M, y4Yr� = r d ...:
AL;
f 7 � S 7 �� ^j` •
o
04
i ; s L � It 1 4-`d- !'. - •
i' .. 9€:#���._;. • - r '� :°+.,++.- gym: -- ..

16
16

c
: NORTH CAROLINA DEPARTMENT OF�
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
November 23, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Snipes
Director of Operations
Lake Junaluska Assembly
Post Office Box 67
Lake Junaluska, North Carolina 28745
Subject: NOTICE OF VIOLATION &
NOTICE OF RECOMMENDATION FOR
ENFORCEMENT
Turbidity Standard & Fish Kill
Richland Creek
Haywood County
Dear Mr. Snipes:
On November 18, 1998, Mr. Keith Haynes of this Office
took a sample of Richland Creek, about 100 yards below the
dam, for the analysis of turbidity. The sample was
collected as the result of citizens' concerns about the
tremendous amount of sediment noticed downstream and
numerous dead fish. During Mr. Haynes visit on November 18
and subsequent visit on November 19, it was evident that
silt problems resulting from the draining of the lake had
attributed to the large fish kill in Richland Creek
downstream of the dam.
The turbidity reading taken on November 18, 1998,
revealed a measurement of 68 NTU (Nephelometric Turbidity
Units). On November 19 the result of a sample taken at the
same place revealed a measurement of 33 NTU while a sample
taken at the Highway 209 bridge measured 55 NTU.
The freshwater turbidity standard for Class "C" waters
is 50 NTU for aquatic life, of which the aforementioned
reading was in excess. The upstream sample taken from
Richland Creek above Lake Junaluska resulted in a
measurement of 2.3 NTU on November 18 and 1.7 NTU on
November 19.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEO/1 Oq POST -CONSUMER PAPER

Mr. David Snipes
November 23, 1998
Page Two
In discussing the matter with you on November 20, 1998, you
informed Mr. Haynes that the lake had been drained in order for
work to be done along the rose walk bank area.
While it is understood that the lowering of the Lake may have
been necessary, it is requested that when the lake needs to be
drained in the future, that the level be dropped over an extended
period so that a situation like this can be prevented. It is
imperative that minimal impact to the downstream water quality of
Richland Creek be caused, including maintaining turbidity
measurements as low as possible and minimizing the possibility of
fish kills and other environmental damage.
Please be advised that this Office is planning to prepare a
recommendation for an enforcement action for submittal to Raleigh
for consideration. This action is deemed necessary becquse of the
aforementioned violations of the turbidity standard and the
resultant fish kill.
Pursuant to North Carolina General Statute 143-215.6A,"a civil
penalty may be assessed against the Lake Junaluska Assembly for
violations of any standard established pursuant to G.S. 143-214.1.
You will be advised of any decision relative to the enforcement
recommendation.
Should you have any information relative to the violations,
which in your opinion should be considered prior to final action by
this Agency, it is requested that you submit such information in
writting to Mr. Haynes or me before December 10, 1998. It is also
requested that you contact Mr. Haynes in order to set-up a meeting
with us regarding this subject.
Your cooperation in handling future matters similiar to this
is greatly appreciated. If you have any questions concerning this
or any related matters, please do not hesitate to contact Mr.
Haynes or me at 251-6208.
Sincerely,
7eorrZR.Westall
est
Water Quality Regional Supervisor
xc: Haywood County Health Department
Keith Haynes
Scott Loftis

!13:31 FROM=LAKE JUMALUSKA ASSEMBLY ID:6264522661
T. Richard Kime
Partner
Dirca Dial! 704/342.5303
trkanc@a payncrsprnill.com
VIA FACSIMILE
Mr_ Kerr T_ Stevens
Director
Division of Water Quality
PCMNM8&H ,L.L.P.
ATTDRNEYS AT LAW
July 26, 1999
PAGE 1
U
Suite 4000
100 North Tryon Street
Charlotte, North Carolina 28202-4010
4041W15250
Fax: [phone]
ofces:
Raleigh/pocky Mount/Charlotte
THIS DOCUMENT
PREVIOUSLY FAXED
North Carolina Department of Environment and Natural Resources
P.O. Box 29535
Raleigh, NC 27604
Re: Penalty assessment: Southeastern Jurisdictional Administrative Council, United
Methodist Church
Dear Mr. Stevens:
I am writing you on behalf of the Southeastem Jurisdictional Administrative Council of
the United Methodist Church (the "Church"), a non-profit, tax-exempt organization based in
Haywood County. As you are aware, the Church currently faces civil penalties and investigative
costs in the amount of $19,628.00 (the "civil penalties") for turbidity violation as a result -of the
November 1998 annual drainage of Lake Junalueka. In addition, the Church is being, aekedto
pay over $32,000 to replace the fish that were stocked in the Lake by the Wildlife Resources
Commission.
The Church believes based on the facts that the penalties are significantly
disproportionate to the violation, are based largely upon incomplete and inaccurate information,
and should be significantly reduced once complete and correct information is in your hands_ It
has asked me *to submit the Following points for your consideration.
The sediment that annually clogs Labe Junaluska and caused the turbidity does not
originate on the Church's property around Lake Junaluska. Rather, it comes down to the Lake in
Richland Creek as a result of poor sedimentation pollution control practices upstream in
Haywood County. The Church spends approximately $10,000 each year trying to keep Richland
Creek's sediment out of the Lake, but this effort is largely in ,vain. The Church has therefore
been forced for the past fifteen years to drain the Lake annually so it can remove the recently
arrived mud, which costs it an additional $25,000 each year. If it did not lower the water level
and dredge the Lake each year, the Lake would quickly be lost.

PPF13:31 FROM=LAKE JUNALUSKA ASSEMBLY ID=8284522881 PAGE 2
7
Mr. Tommy Stevens
July 26, 1999
Page 2
Normally, the Lake is drained slowly over a considerable amount of time. In November
1998, however, an employee .made a unilateral, unauthorized, and one-time decision to accelerate
the drainage in order to catch up to a previously promulgated schedule. Once this decision had
been implemented, however, it was physically impossible to reverse it. The employee obviously
had no idea of the harm that this decision could cause, and our information is that he neither
checked with nor informed more responsible employees about this decision.
An undetermined number of previously stocked fish were killed as a result. However, in
assessing the penalties you were probably unaware that Church officials had not asked that the
Lake be stocked and in fact were unaware of the stocking_ The Lake and the surrounding lands
are all private property wholly owned by the Church. The Wildlife Resources people were
acting with the best of intentions, but the facts of the matter are that they were trespassing upon
private property, and that if they had asked the Church for permission to come onto the property
to stuck the Lake that permission would have been denied_
This is because the purpose: of the Lake has nothing to do with sport fishing. Lake
Junalusl~a is a religious retreat and, while the Lake itself has some recreational uses, it .
principally serves to inspire spiritual contemplation in our visitors. The presence of large
numbers of game fish in the Lake acts as a lure to trespassers who can disturb the peace and
tranquility for which the sake is noted and may otherwise act inconsistently with the Church's
purposes. This can cause significant. problems. While the Church did not deliberately kill the
fish in this instance and would never do so, the fact remains that the fish are unwanted by the
property owner and should not be replaced. .
A number of the factors that you applied in assessing the penalties, according to DWQ
records, are at odds with the above actual facts. The result is that the penalties are,
inappropriately, very close to the maximum allowed by Iaw. `'$r
First, your understanding was that the Church saved a "significant" amount of money
through environmental noncompliance. We hope that it is now clear that this understanding was
absolutely erroneous. The Church saved no money at all, but instead continues to spend
significant annual sums to deal with sedimentation that it does not cause and that originates
offsite. The Church has become aware through a review of the Division's records that a local
representative of the Wildlife Resources Commission has accused the Church of deliberately
accelerating the Lake's drainage last November in order to save dredging expenses. That
accusation has no basis whatever in the facts and the accuser should be ashamed for attempting
to influence State action through suspicion and conjecture. A penalty reduction is in order based
on the correction of this assessment factor.
Second, you gave `isigxaifxcant'weight to your understanding that the violation was
committed "willfully or intentionally.'' This understanding, too, was erroneous. The decision to
accelerate the Lake drainage was uninformed, irresponsible, and foolish, but the violation was
completely unintentional. A penalty reduction is in order for this reason, as well.

13:32 FROM. -LAKE JUNALUSKA ASSEMBLY ID=8284522881 PAGE 3
Mr. Tommy Stevens
July 26, 1999
Page 3
Third, you gave "significant" weight to your understanding that the Church had a.
previous record as a violator in a program under .Environmental Management Commission
authority. This understanding was absolutely erroneous. In 1994, the Church was directed by
State daze inspectors to reduce the Lake level for purposes of dam inspection. Fish died as a
result and possibly a turbidity violation occurred. But this was the doing of another State
agency. For that reason, no Notice of Violation or comparable record of an environmental
violation was issued to the Church. Moreover, no Church personnel who were aware of that
1994 incident were involved in the 1998 decision to accelerate the Lake drainage. A penalty
reduction should result from the correction of these facts, too.
Further, it is Glean from the Division's records that` no facts were previously presented to
you on which to apply the standard remission factors in mitigation of the civil penalties_ Based
on the above facts., the following remission factors should be applied to reduce the penalties:
• Several civil penalty assessment factors were previously wrongly applied to
the detriment of the Church;
e The turbidity violation was inadvertent; and
The Church has never before been assessed civil penalties for an
environmental violation,
The Church has never denied responsibility for these unfortunate events. In view of the
facts, however, and in view of the Division's previous reliance upon inaccurate facts in assessing
the penalties, the Church sincerely requests that the penalties be substantially reduced. We
therefore propose that the total penalties in this incident be reassessed to $7000, The Church
would continue to pay the Division's investigative costs in this matter.
linfortunately, on July 28 the Church must file a formal contested case petition in order
to continue to appeal these penalties. If we can provide any further information that would be
helpful to you in reassessing the penalties and preventing litigation in this case, please •Iet us
know immediately.
Very truly yours,
T: 'chard Kane
cc: Mr. C. David Snipes

DIVISION F ENVIRONMEN AL MAN
For Lab Use ONLY
AGEMENT WATER QUALITY FIELD -LAB FORM (DMi).
COUNTY G� �►i O O PRIORITY SAMPLE TYPE
RIVER BASIN ❑AMBIENT ❑ Qp S REAM ❑ EFFLUENT
REPORT TO: ARO FRO MRO RRO WaRO WIRO WSRO TS
Other AT
❑COMPLIANCE 1-1CHAIN LAKE ❑ INFLUENT
OtOF CUSTODY
Shipped by: Bus Courier( taff, Other ❑ EMERGENCY ❑ E TUARY
Lab Number:
6
Date Received: l/ ZO/
/p
/k Time:
Rec'd by:From: Bus -Court -Hand Del
DATA ENTRY BY: Si'
CK: S^
DATE REPORTED:
COLLECTOR(S): r,
Estimated BOD Range: 0-5/5-25/25.65/40-130 or 300 plus STATION LOCATION'\'
S p s
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: Y��Q+ (� �.:J �C� �J C,_
Station # Date Begin (yy/mm/dd) I Time Beginj Date End' Time End .Depth DM DB DBM Value Type Compo
((;; pie Type
� A H L T. S B I C G GNXX
1
BOD5 310
mg/I
2
COD High 340
mg/I
' 3
COD Low 335
mg/I
4
Coliform: MF Fecal 31616
/100ml
5
Coliform: MF Total 31504
/100ml
6
Coliform: Tube Fecal 31615
/100ml
7
Coliform: Fecal Strep 31673
/100m1
8
Residue: Total 500
mg/I
10
Fixed 510 mg/1
11
Residue: Suspended 530 mg/I
12
.Volatile 535. mg/I'
13
Fixed 540 mg/I
14
pH 403 units
15
Acidity to pH 4.5 -436 mg/I
16
Acidity to pH 8.3 435 mg/1
17
Alkalinity to pH 8.3 415 m9/1
18
Alkalinity to pH 4.5 410 mg/I
19
TOC 680 mg/1
20
Turbidity 76�— NTU
Chloride 940 mg/I
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/I
Colon True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADM[
Cyanide 720 mg/I
Fluoride 951 mg/I
Formaldehyde 71880 mg/I
Grease and Oils 556 m9A
Hardness. Total 900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/l
Phenols 32730 ug/I
Sulfate 945 mg/l
Sulfide 745 mg/I
NH3 as N 610 mgA
TKN as N 625 mgA
NO2 plus NO3 as N 630 mg/1
P: Total as P 665 - mg/1
PO4 as P 70507 mg/I
P: Dissolved as P 666 mg/I
CdCadmium 1027 ugA
CrChromium:Total1034 u9A
Cu-Copper 1042 ? ug/I
Ni-Nickel 1067 ug/l
Pb-Lead 1051 ug/I
Zn-Zinc 1092 ugA
AgSilver 1077 ug/I
A] -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mg/l
Co -Cobalt 1037 ugA
Fe -Iron 1045 ugA
LI-Lithium 1132 ug/I
Mg -Magnesium 927 mg/1
Mn-Manganese 1055 ug/I
Na-Sodium 929, mg/1
Arsenic:Total 1002 ug/I
Se -Selenium 1147 ug/I
Hg-Mercury 71900 ug/I
Organochlorine Pesticides
Orgaanophospiwrus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
I I Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling. Point %
Conductance at, 25 C
Water Temperature (C)
D.O. mgA
pH
Alkalinity
Acidity
Air Temperature (C)
1
pH 8.3 pH 4.5
pH 4.5 pH 8.3
2
94
10 ` \
300 •
400 1&
82244 431
82243 f82242
20
Salinity %
Precipition On/day),
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity,::.
Wind Velocity M/H ean'Stream Depth &
Stream Width fL
480
145
132
136
1351
1350
35 64
4
DM/Revised 10/86

N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
59 WOODFIN PLACE
ASHEVILLE, NORTH CAROLINA 28801
PHONE: [phone] FAX: [phone]
TO: J �� S
c- 1p_ r�
FAX #:
FROM:
DATE:
# OF PAGES INCLUDING THIS COVER:
MESSAGE: If questions, please call 828/251-6208.

WATER QUALITY FIELD -LAB FORM (DM1) Lab Number:
ISION F ENVIRONM-NTAL MANAGEMENT Date Received: (� I� /� Time: �O
SAMPLE TYPE
l7 O G PRIORITY ��J� (y lN� From: Bus -Coati Hand Del
NTY t_zfSTREAM ❑ EFFLUENT Rec d by
[]AMBIENT❑ QA
RRO W aR0 WiR0 W SRO TS
g BASIN ❑ LAKE ❑ INFLUENT DATA ENTRY BY: ^ CK``: S
)RT TO: ARO FRO MRO []COMPLIANCE ❑ CHAIN DATE REPORTED: , ^ — O�
IM OF CUSTODY o�
❑ ESTUARY
:r ❑ EMERGENCY
sped by: Bus Courier,\Staff, Other
1`ry ' c G C
LECTORS) STATION LOCATION:CX
imated BOD Range: 0-5/5-25/25-65/40 130 or 100 plus ` V C` `e_
REMARKS: Composite Sample Type
;d; yes ❑ No ❑ Chlorinated: Yes ❑ No Value Type C G GNXX
Time Bac n Date End Time End Depth DSL DB DBM A H L T S B
Date Begin (yy/mm/dd) _
`l ug/I
ition
0..E \ ` � ms/I Li -Lithium 1132
NH3 as N 610
mg/l Chloride 940 mg/1 Mg -Magnesium 927 mg/I
mg/I
BOD5 310 ug/I TKN as N 625 ug/I
1 mg/1 Chi a: Tri 32217 mgA Mn-Manganese 1055
COD High 340 ug/I NO2 plus NO3 as N 630 mgA
mg/I
2 chi a: Corr 32209 mg/1 Na-Sodium 929
COD Low 335 ug/I P: Total as P 665 ug/I
3 /100m1 Pheophytin a 32213 mgn Arsenic:Total 1002:
Coliform: MF Fecal 31616 Pt -Co PO4 as P 70507 ug/I
4 1 Color: True 80 mg/1 Se -Selenium 1147
Coliform: MF Total 31504 /100mpDMI P: Dissolved as P 666 fig -Mercury 71900 ug/I
5
Color:(pH ) 83
6 Coliform: Tube Fecal 31615 /100ml pDMI
/100m1 Color: pH 7.6 82 ug/I Organochlorine Pesticides
Coliform: Fecal Strep 31b73 mg/1 �{;admium 1027
mg/1 Cyanide 720 ug/( OrganophospiwrusPesticides
Residue: Total 500 mg/I Cr-Chromiu=Total 1034
8 mg/I Fluoride 951 1042 ug/I
Volatile 505 mg/1 Cu-Copper
- 9 mg/1 Formaldehyde 71880 ug/l Acid Herbicides
Fixed 510 mg/1 Ni-Nickel 1067
10 - mg/I Grease and Oils 556 ugJl
11 mg/
Residue: Suspended 530 I Pb-Lead 1051
mg/1 Hardness Total 900 ug/I Base/ Neutral Extractable Organics
Volatile 535 2 ZrrZinc 1092
12 mg/1 Specific Cond. 95 uMhos/cm Acid Extractable Organics
Fixed 540 MBAs 38260 mg/1
13 units pg-Silver 1077 ug/I
mg/I Phenols 32730
14 PH 403 ug/I Put eable Organics (VOA bottle reg'd)
Acidity to pH 4.5 436 mg/l Al -Aluminum 1105
15 mg/I Sulfate 945 ug/I
mg
Acidity to pH 8.3 435 mg/1 Be -Beryllium 1012
16 /I Sulfide 745 m9A
Alkalinity to pH 8.3 415 Ca -Calcium 916
1 % mg/I ug/I
Alkalinity to pH 4.5 Co Cobalt 1037
18 410 ug/I phytoplankton
ms/I Fe -Iron 1045
19 C 680
r� ' NTU ruR (C)
Turbidity 76 pt Acidity
20 Air Tempera
Alkalinity pH 4.5 pH 8.3
ture (C D.O. u19A PH pH 8.3 PH 4.5
Sampling Point % Conductance at 25 C Water Tempera 82243 82242 20
431 • 82244 Wind Velocity MM can Stream Depth Et. Strewn Width ft.
10 �'\O 300 • 400 Stream Flow Severity Turbidity Severity
2 94 Wind Direction (Deg)
Salinity % Precipition Qn/day) Cloud Cover %
36 1351 1350 35
64 4
480
45 32

For Lab Use ONLY
DIVISION OF EN.VInUL401ENTAL MANAGI=MENT WATER QUALITY
L�
FIELD-LAB.FOAM tuml) .
COUNTY G y
PRIORITY
SAMPLE TYPE
RIVER BASIN
❑AMBIENT
❑
`STREAM
❑
REPORT TO: ARO FRO MRO RRO WaRO WIRO WSRO TS
QA
EFFLUENT
AT BM
❑COMPLIANCE
[3 CHAIN
E] LAKE .
❑ INFLUENT
Other OF CUSTODY
Shipped by: Bus Courier t ff. Other LJ EMERGENCY ESTUARY
COLLECTOR(S): t
Estimated BOD Range: 0-5/5-25/25-65/46-130 or 100 plus
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑
Lab Number:
% 9 7
_Date Received: �ZLtl/
Time: '� _'C)
Rec'd by: tr>i—
rI From: Bus-Courie and Del
DATA ENTRY BY:
CK:
DATE REPORTED:
Station Date
Begin1 (yy/mm//dd) T`i`me Be n Date End Time End Depth DM DB DBM I Value Type
A H L
-2
COD High 340 mg/1
3
COD Low 335. mg/I
4
Coliform: MF Fecal 31616 - /100mi
5
Coliform: MF Total 31504 /100ml
6
-
Coliform: Tube Fecal 31615 /100ml
Coliform: Fecal Strep 31673 /100m1
8
Residue: Total 500 mg/I
9
Volatile 505 mg/I
' 10
Fixed 510 ' mg/I
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/I
` 13
Fixed 540 mg/I
14
pH 403 units
15
Acidity to pH 4.5 436 mg/1
16
Acidity to pH 8.3 435 • mg/I
17
Alkalinity to pH 8.3 415 mg/l
18
Alkalinity to pH 4.5 410 mg/I
19
TOC 680 mgA.
20
Turbidity 76 ' . NTU
Chloride 940 mg/1
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/I
Formaldehyde 71880 mg/1
Grease and Oils 556 mg/l
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/1
Phenols 32730 ug/I
Sulfate 945 mg/1
Sulfide 745 mg/I
NH3 as N 610 m9/1
TKN as N 625 mg/l
NO2 plus NO3 as N 630 mgA
P: Total as P 665 mg/1
PO4 as P 70507 mg/l
P: Dissolved as P 666 mg/I
CdCadmium 1027 ugA
CrChromium:Total1034 ug/1
Cu-Copper 1042 ug/I
Ni-Nicker 1067 ugA
Pb-Lead 1051 ug/l.
ZrrZinc 1092 ug/I
Ag-Silver 1077 ug/I
Al -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mgA
Co -Cobalt 1037-' ug/I
Fe -Iron 1045 ugA
Composite
TS B
Sample Type
C G GNXX
Li -Lithium 1132 ug/1
Mg -Magnesium 927 mg/I
Mn-Manganese 1055 ug/I
Na-Sodium 929 `• mg/I
Arsenic:Total 1002 ug/I
Se-Sel@nium 1147 ug/I
Hg-Mercury 71900 ug/I
Organochlorine Pesticides
Organophosphorus Pesticides,
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature
D.O. mgA
pH
Alkalinity .
_ Acidity
Air Temperature (C)
pH 8 3 pH 4.5
pH 4.5 pH 8.3
2
94
10 co -
300 •
400 1 r
82244 431
82243 182242
20
Salinity %
Precipition (In/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
Wean Stream Depth ft.
Stream Width ft.
480
45
132
36
11351
1350
135
64
14
10/86

DIVISION MANAGEMENT
WATER QUALITY FIELD -LAB FORM (DM1)
COUNTY \{c�0 O
�FENVIRONMENTAL
PRIORITY SAMPLE TYPE
0
RIVER BASIN
❑AMBIENT ❑
REPORT TO: ARO FRO MRO RRO WaRO WIRO WSRO TS
REAM
QAr1l
EFFLUENT
AT BM
❑COMPLIANCE ❑ CHAIN KEINFLUENT
OtherOF
CUSTODYShipped
by: Bus Co ri�rl Staff, Other❑EMERGENCY
COLLECTOR(S): •�.1L.Estimated
TUARY
LOCATION:
BOD Range: 0-5/5-25/25-65/40-130 or 100 plusSTATION
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑
REMARKS: a.13 O
Fnr Lah IT.. nNr V
Lab Number:
0-5—
Date Received: ��/ZD
Time: r� d
Rec'd by:
From: Bus-Courie -Hand De
DATA ENTRY BY: J S(.
DATE REPORTED:
CCK:
r G X
Station �7 Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Type
\ l l A H L T S B C G GNXX
1
BOD5 310 mg/1
2
COD High 340 mg/I
3
COD Low 335 mg/1
4
Coliform: MF Fecal 31616 /100ml
5
Coliform: MF Total 31504 /100ml
6
Coliform: Tube Fecal 31615 /100ml
7
Coliform: Fecal Strep 31673 /100ml
8
Residue: Total 500 mg/1
9
Volatile 505 mg/1
10
Fixed 510 mg/1
11
Residue: Suspended 530 mg/I
12
Volatile 535 mg/I
13
Fixed 540 mg/1
14
pH 403 units
15
Acidity to pH 4.5 436 mg/I
16
Acidity to pH 8.3 435 mg/I
17
Alkalinity to pH 8.3 415 mg/1
18
Alkalinity to pH 4.5 410 mg/1
19
TOC 680 mg/I
20
Turbidity 76 NTU
Chloride 940 mg/I
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/I
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/1
Fluoride 951 mg/I
Formaldehyde 71880 mg/I
Grease and Oils 556 mg/I
Hardness Total900 mg/I
Specific Cond. 95 uMhos/cm2
MBAS 38260 mg/1
Phenols 32730 ug/I
Sulfate 945 mg/1
Sulfide 745 mg/I
NH3 as N 610 mg/1
-TKN as N 625 mg/1
NO2 plus NO3 as N 630 mgA
P: Total as P 665 mg/I
PO4 as P 70507 mg/1
P: Dissolved as P 666 mg/1
Cd-Cadmium 1027 ug/I
Cr-Chromium:Total1034 ug/I
Cu-Copper 1042 ug/I
Ni-Nickel 1067 ug/I
Pb-Lead 1051 ug/I
Zn-Zinc 1092 ugA
Ag-Silver 1077 ug/I
AI -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/I
Ca -Calcium 916 mg/l
Co -Cobalt 1037 ug/I
Fe -Iron 1045 ug/I
Li=Lithium 1132 ugA
Mg -Magnesium 927 mg/I
-Mn-Manganese 1055 ug/I
Na-Sodium 929 . mg/I
Arsenic:Total 1002 ug/I
Se -Selenium 1147 ugA
i
Hg-Mercury 71900 ug/I
Organochlorine Pesticides
Organophosptwrus Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature 60
D.O. mgA
pH
Alkalinity
Acidity
Air Temperature (C)
pH 8.3 pH 4.5
pH 4.5 pH 8.3
LD
2
94
10
300
400 •
82244 431
82243 182242
20
Salinity %
Precipition (In/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
Wean Stream Depth ft.
Stream Width ft.
480
145
32
136
11351
1350
35
64
14
DM1/Revised

DIVISION OF N
For Lab Use ONLY
E VIRONM TAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1).
COUNTY
PRIORITY
SAMPLE TYPE
RIVER BASIN
❑AMBIENT
❑
REPORT TO: ARO FRO MRO RRO WaRO WIRO WSRO TS
QA
REAM
EFFLUENT
AT BM
❑COMPLIANCE
El
CHAIN
❑ LAKE
❑INFLUENT
Other
❑
OF CUSTODY
❑
Shipped by: Bus C\o ri r, Staff, Other
EMERGENCY
ESTUARY
Lab Number:
7 e 7
Date Receilv"ed(/
ry
ZO 9 Time: a —a
Rec'd byi Jw 42
I From: Bus-Courie -Hand D
DATA ENTRY BY:
Si^ CK: S
DATE REPORTED:
COLLECTOR(S):
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION:
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: V �'
Station? Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Type
l k 1'a�Q A H L T S B C G GNXX
1
2
6
8
_9
10
11
12
13
14
15
16
17
18
19
20
COD High 340
mg/1 -
COD Low 335
mg/I
Coliform: MF Fecal 31616
/100ml
Coliform: MF Total 31504
/loom[
Coliform: Tube Fecal_31615 ..
/100m1.
Coliform: Fecal Strep 31673
/100ml
Residue: Total 500
mg/1
Volatile 505
mg/I
Fixed 510
mg/I
Residue: Suspended -530
mg/I
Volatile 535.
mg/1
Fixed 540
mg/l,
pH 403
units -
Acidity to pH 4.5 436
mg/1
Acidity to pH 8.3 435
mg/l
Alkalinity to pH 8.3 415
mg/l
Alkalinity to pH 4.5 410
ing/1
TOC 680
mgA
Turbidity 76 _
NTU
Chloride 940 - mg/I
Chi a: Tri 3.2217 ug/I
Chl a: Corr 32209 ug/1
Pheophytin a 32213 ug/I
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/I
Fluoride 951 mg/I
Formald'ehyd'e' 71880 mg/I
Grease and Oils 556 mg/I
Hardness Total 900 mg/I
Specific Cond. 95 2
uMhos/cm
MBAS 38260 mg/1 .
Phenols 32730 ug/I
Sulfate 945 mg/l
Sulfide 745 mg/l
NH3 as N 610 mgA
TKN as N 625, mgA
NO2 plus NO3 as N 630
P: Total as°P 665 mg/1
PO4as P 70507 mg/I
P- Dissolved as P 666 : mgA
CdCadmium 1027: °` ug/1
Cr-Chromium:Tota11034 USA
Cu-Copper 1042 ' ug/1
Ni--Nicker 1067, pga
Pb-Lead 1051 u971
Zn-Zinc 1092 ,.ug/l
Ag-Silver 1077 ug/I
Al -Aluminum 1105 ug/I
Be -Beryllium 1012 ug/1
Ca -Calcium 916 m9A
Co -Cobalt 1037 ugA
Fe -Iron 1045 ugn
LI-Lithium 1132 ug/1
Mg -Magnesium 927 mg/1
Mn-Manganese 1055 ug/I -
Na-Sodium 9Z9• mg/1 .
Arsenic -Total 1002 USIA.Se-Selenium 11'47 ug/1
Hg-Mercury71900 ug/I '
O rga noch lorine`Pesticides
Organophosphonu Pesticides
Acid Herbicides
Base/ Neutral' Extractable Organics,
Acid Extractable Organics
Purgeable Organics (VOA bottle reg'd)
Air Temperature (C)
hytoplankton
. -
.3
2- 20
Sampling g Point %
Purgeable Organics (VOA bottle reg'd)
Air Temperature (C)
hytoplankton
. -
.3
2- 20
Sampling g Point %
Conductance at 25 C
Water Tem erature (C)
D.O. mg/1
pH
Alkalinity
Acidity
10/86

n
For Lab Use ONLY
DIVISION O ENV.RONMENTAL MANAGEMENT- WATER QUALITY FIELD -LAB FORM (DM1)
COUNTY 1L1 o O
PRIORITY
SAMPLE TYPE
4
RIVER BASIN
❑AMBIENT
❑
❑STREAM.
❑EFFLUENT
TO:
REPORT TO: ARO FRO MRO RHO WaRO WIRO WSRO TS
QA
AT BM
❑COMPLIANCE
❑
❑ LAKE
❑
INFLUENT
Other
❑EMERGENCY
-
CHAIN
OF CUSTODY
ESTUARY
Shipped by: Bus Courier, Staff, Other
Lab Lab Number
5 .
Date Received:
Z
Time:
Rec'd by; /^,j`j
From: Bus -Courier an Del
DATA ENTRY BY: .C✓
CK:-
DATE REPORTED:
COLLECTOR(S): \
Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus
STATION LOCATION: ` v
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS:
Station, Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Type
A H L T S B C —CE:)GNXX
1
BOD5 310
mg/l
2
COD High 340
mg/1
3
COD Low 335
mg/1
4%,,4Coliform:
MF Fecal 31616> 1�C0.0
L
/100ml
Coliform: MF Total 31504
/100m1
6
Coliform: Tube Fecal 31615
/100ml
7
Coliform: Fecal Strep 31673
/100ml
8
'total otal 500
mg/1
Q
Volatile 505
mg/l
10
11
Residue: Suspended 530 mg/l
12
Volatile 535 mg/l
13
Fixed 940 mg/l
14
pH 403 units
15
Acidity to pH 4.5 436 mg/l
16
Acidity to pH 8.3 435 mg/1
17
Alkalinity to pH 8.3 415 mg/l
18
Alkalinity to pH 4.5 410 mg/1
19
TOC 680 mgA
on
I Turbidity 76 NTU
Chloride 940 mg/l
Chi a: Tri 32217 ug/I
Chi a: Corr 32209 ug/1
Pheophytin a 32213 ug/1
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color: pH 7.6 82 ADMI
Cyanide 720 mg/l .
Fluoride 951 mg/l
Formaldehyde 71880 mg/1
Grease and Oils 556 mg/1
Hardness Total900 mg/l
Specific Cond.'95 uMhos/cm2
MBAS 38260 mg/l
Phenols 32730 ug/1
Sulfate 945 mg/1
Sulfide 745 mg/1
NH3 as N 610 mgA
TKN as N 625 mgA
NO2'plus NO3 as N 630 mg/1
P: Total as P 665 mg/l
PO4 as P 70507 mg/1
PdDissolved as P 666 m9/1
CdCadmium 1027. ug/I
CrChromium:Total1034 u9/1
Cu-Copper 1042: ug/1
Ni-Nickel 1067' ug/l
Pb-Lead 1051 USA
ZrrZinc 1092 ugA
Ag-Silver 1077 ugA
Al -Aluminum 1105 ug/I
Be -Beryllium 1012 dg/I
Ca -Calcium 916 mg/l
Co -Cobalt 1037 ug/1
Fe -Iron 3045 USA
LI-Lithium 1132 ugA
Mg -Magnesium 927 mg/I
Mn-Manganese 1055 ug/1
Na-Sodfum 920 mg/1
Arsenic -Total 1002 ug/I
Se -Selenium 1147 ug/1
Hg-Mercury 71900 ug/l
Organochlorine Pesticides
Organophosphoms Pesticides
Acid Herbicides
Base/ Neutral Extractable Organics
Acid Extractable Organics-
Purgeable Organics (VOA bottle reg'd)
Phytoplankton
Sampling Point %
Conductance at 25 C
Water Temperature
D.O. mg/1
pH
Alkalinity
Acidity
Air Temperature (C)
PH 83 pH 4.5
pH 4.5 pH 8.3
2
94
10
300 •
400 •
82244 431
82243 182242
20
Salinity %
Precipition an/day)
Cloud Cover %
Wind .Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity M/H
can Stream Depth it
Stream Width ft.
480
145
132
136
11351
1350
135
64
14
DM1/Revised 10/86

® North Carolina Wildlife Resources
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Forrest Westall, Water Quality Supervisor
Department of Environment and Natural Resources
FROM: Micky Clemmons & Scott Loftiss, Fisheries Biologists
North Carolina Wildlife Resources Commission
SUBJECT: SedirWent release and fish kill on Lake Junaluska and Richland Creek
DATE: November 20, 1998
We are writing this memorandum to request that your department take regulatory action
against Lake Junaluska Assembly for environmental degradation they have caused. The
Assembly has opened the lower gate on their dam and released tons of sediment
downstream into Richland Creek. This sediment destroyed the aquatic habitat of this
creek from the dam to the confluence with the Pigeon River. Most, if not all, the fish and
other aquatic life of this stream were killed. This release has also resulted in the
destruction of the fishery of Lake Junaluska. This is the second time that this has
happened in the last 5 years. Actions must be taken to stop this flagrant disregard for
water quality and the fisheries habitat and populations of this waterway.
In 1994 the Assembly opened this same lower gate so that an inspection of the dam could
be done. That release caused an inundation of the downstream habitat by sediment and an
extensive fish kill. No regulatory action was taken, nor did our agency ask for any,
because this was a first time occurrence and they were following the instructions of the
dam inspectors. However, the environmental consequences of such actions were made
clear to the Assembly at that time. This second release and its resulting environmental
destruction appear to be intentional on the part of the Assembly. They have been drawing
the water level down each winter for the past several years to dredge sediment from the
upper lake. It appears that this release may be an attempt to have the water flowing
through the lake "dredge" accumulated sediments and move them downstream at no cost.
This sediment release has killed aquatic organisms in two ways. First, as the sediment and
water mixed, bacteria used up the dissolved oxygen. This caused most of the fish flowing
out of the lake to die as well as those organisms being inundated downstream. This

process is continuing to kill fish in the lake as the stream flowing over the lakebed mixes
with organic sediments, resulting in conditions conducive to bacterial growth and low
dissolved oxygen. The second way in which aquatic organisms have been killed is by the
sediments covering them. Their gills would have filled with silt and they would have
suffocated. As they died the sediment buried them. This is particularly disturbing to the
North Carolina Wildlife Resources Commission because we have been stocking the Lake
for the last 3 years to reestablish the fish populations lost during the 1994 release.
We recognize that conducting a pickup and enumeration of the fish killed would not
provide your Department with an accurate estimate of the number of fish killed. Since
most of the fish are buried under the sediments they would not be available to our
personnel. However, we do fill that the Assembly should be held accountable for their
actions. With this letter we are requesting that your Department seek the monetary value
of the fish that the North Carolina Wildlife Resources Commission has stocked in Lake
Junaluska over the last 3 years. The monetary value of these fish at the time of stocking is
$32,567, (see the attached table for the stocking information). This value is based on our
having stocked 46,060 largemouth bass, 32,150 bluegill, and 10,000 channel catfish.
When a size range was stocked (for example bluegill ranged from 1-4 inches) we used the
largest size in the range to figure the value. This was done based on the idea that those
fish would reach that larger size in a short period of time. Monetary,Values are based on
the Guidelines of the American Fisheries Society.
Due to a number of reasons, we fill that this is a conservative estimate of the monetary
value of the fish killed by the Assemblies actions. This estimate is not based on the size of
the fish when killed. If we could have made a reliable estimate of the fish killed we would
have found larger fish than what have been used in the above estimate. We saw and
photographed a number of bass and catfish that would have weighed several pounds. The
monetary value does not take into account the lost reproductive contribution of the
stocked fish. Reproduction by the stocked fish would have been the primary reason the
lake fishery rebounded so quickly from the last release. The above estimate is based only
on the 3 species that we know were stocked in the lake. We found and photographed a
number of other species that were killed. A large number of crappie were found dead
along the creek banks and buried in sediments. These fish were not used in our monetary
value; however, had they been used they could have significantly increased the total value
since they are assigned a relatively high cost per fish by the American Fisheries Society
Guidelines. The assigned monetary value does not take into account the destruction of the
habitat downstream of the dam. This in fact, may be the greatest cost since it involves the
loss of an entire ecosystem of some time into the future. For all of the above reasons, a
monetary value of $32,567 is very conservative. When the loss of other species, the loss
of stream habitat and the fact that this is the second time the Assembly has caused these
loses are taken into consideration the monetary value should be several times the above
amount.

Please keep us informed of the actions the Division of Water Quality is able to take with
regards to this situation.
Recent StockingHistory istory of Lake Junaluska
Species Date Number Size Cost/fish*
Channel Catfish 3/27/96 10,000 5" .14
Bluegill 3/27/96 32,150
Largemouth Bass 3/27/96
6/20/96
1997
2,500
22,400
1-4" .62
3-6" .61
1.5" .22
10,000 3" .24
1998 11,160 2.5" .24
Total Largemouth Bass 46,060
Total Fish Stocked 88,210
*Monetary Values based on:
American Fisheries Society. 1992. Investigation and valuation of fish kills. American
Fisheries Society Special Publication 24.

a o
v v
SOUTHEASTERN JURISDICTIONAL ADMINISTRATIVE COUNCIL
THE UNITED METHODIST CHURCH
December 3, 1998
5 1 i e
i
Keith Haynes
North Carolina Department of Environment and Natural Resources
Interchange Building, 59 Woodfin Place
Asheville, NC 28801-2414
Dear Mr. Haynes:
I am responding to the letter of Mr. Forrest Westall dated November 23 regarding the notice of
violation and notice of recommendation for enforcement. I am sincerely sorry that this incident
occurred and can assure you that processes have been put into place to assure that this does not
happen again. Some factors for your consideration in this matter are:
❑ The Lake has been drained annually for at least the past 15 years for maintenance and
cleaning.. As you know the silt inflow from upstream has almost destroyed the lake and Lake
Junaluska expends in. excess of $50,000 per year to attempt to remedy this silt inflow
problem.
❑ My records indicate that there has been only one other incidence -of a problem with the lake
draining process and that was also preceded by some staff changes.
❑ Jay Langford was employed by Lake Junaluska from 1988 until September of 1998 and had
direct responsibility for the lake and had most of the knowledge of drainage of the lake. His
replacement, Don Eubaugh, came on board during November, 1998 and now has direct
responsibility and knowledge for the lake and drainage. Thus we were without direct
supervision during the time of this lake drainage.
n The lake. was to be drained before the first week of November in order for RCF Constnictian
.to have access to the Rose Walk shore and for our staff to have access to the sewer lines
along Lakeshore Drive. We began a slow drain process the second week in October, but our
golf course manager requested that our staff stop the process since due to the extreme
drought he needed to have access to the stream in order to keep the grass alive. The drainage
process was halted for over a week until some rains came. Our staff employee without
supervision decided to catch up the process and the water dropped too fast.
❑ I am Director of Operations and. assume overall responsibility for this error. It is unfortunate
that I was out of the country on a two week study tour of England during this time. My
assumption was that the slow steady drain was taking place and we would be ready.the first
of November for construction work.
❑ We have written procedures now for the lake drainage in the future and I can assure .you that
this will not occur again as long as I am involved with the lake management.
POST OFFICE BOX 67 . LAKE JUNALUSKA, NORTH CAROLINA 28745 . [phone]

I would ask that you consider our long history of good environmental and natural resource
management, the unusual circumstances of this error, and the fact that we expend thousands of
dollars each year to maintain the natural resources of this beautiful place. We would prefer that
we be allowed to expend any proposed penalties directly upon the natural resources of Lake
Junaluska . It is a public area used by thousands of persons each year and the only source of
funding for this maintenance is The United Methodist Church and the Lake Junaluska
Conference Center.
Thank you for your kind attention and I will be happy to come and meet with you or any of your
staff on this matter at your convenience.
Sincere ,
C. David Snipes
Director of Operations

Page I of 2 S/96 Fish Kill Field Investigation Form
SeridTa DEMFnvhaurental Sciences Branch Attu Mario Hale 4401 Reedy Creek Rd. Raleigh, NC 27607 (919) m 6946 Fax [phone]
67
Investigation Date/Time V ; *- V k `kQ.Y
Investigators:
Manhours Required XO
Location: Waterbody 4 VVV\C','C\k Lreav Subasin
County 1 fr" Q . � 0 6 ' Nearest Cityfrbwn,Landmark
Tributaries Affected ` Z �AAC,A, Ce Q ,?A_
Latitude/ Longitude (Kill center) Attach map describing area of kill and provide coordinates
Kill Info:
Date Began (First reported) Time G. tY
At time of investigation: kill is in progress [� completed [ ]
Extent of Kill: River Miles Lake/Estuary (Specify area)
Kill Duration: Estimated length in Days Hours
Finfish Species Affected•
Species: S4.-,NmA E4 :,sL. SizeRange
In Distress / Dying [ ] Dead [ ] Decayed [ ] Approx No/Area observed �- O o
i Ir rr
Species: o Size Range
In Distress / Dying [ ` Dead [ ] Decayed [ ] Approx No/Area observed '1 0 ,70 0 0 � , a0� oo �
Species: c Q A11h �c�S Size Range
In Distress / D ing [ ] Dead [ ] Decayed [ ] Approx No/Area observed > ` o o� c ;ZO�000
Species: C. G6' p Size Range
In Distress / Dying [ ] Dead [ ] Decayed [ ] Approx No/Area observed
Species: \\& Size Range �2r— V�)
In Distress Dying [ ] Dead [ ] Decayed [ ] Approx No/Area observed J d
Fish observations (Describe below):
Injuries [ ] Lesions [ ] Gasping [4 Loss of equilibrium [ ] Erratic behavior [ ] Flared Gills [ ]
Attempts to leave water [ ] Lethargy [ ] Convulsions [ ] Other [ ]
Other
Total Mortality: �
Estimated Total Finfish Killed �'o . o O O . ,Q � 0 b CD U O O
J
Estimated No. Other Organisms Killed (Observable)
(Continued on back)

Page 2 of 2 5/96
Fish Kill Field Investigation Form
Physical Observations:
Station:
Cloud Cover Seas_ Air TemD_ _ Precioitadon
Wind Direction Wind Speed
Prior Conditions (3-4 Days)
Water Clarity Coloration Seccbi Depth
Bottom Depth : meters
Depth
(meters)
Dissolved
Oxygen (mg/L)
pH
Temperature
(oC)
Conductivity
(meter reading)
Salinity
(ppt)
Surface
1.0
2.0
3.0
4.0
5.0
Continue table or record data for other stations on additional sheet if necessary
Other observations (oil sheen, trash, algal blooms, odors,
Area Activity:
Land Use(%): UrbanIndustrial Residential Agriculture Forestry Undeveloped(wild)
Other(Describe)
Outfalls present? (Location and Description)
Spills in area? (Describe)
Other Activity (Specify)
Biological and Chemical Sampling Please indicate sampling locations on attached map (s).
Biological Samples
{
Fish (Describe) Iced,Preserved?
Station: Sample No
Results: TO ESB?[ ] To Other? [ ] Contact for results
Phone
Algae/Plants (Describe) Algal Bloom Form Completed? Y [ ] N [ ]
Station: Sample No
Results: TO ESB?[ ] To Other? [ ] Contact for results
Phone
Other. (Describe)
Station: Sample No
Results: TO ESB?[ ] To Other? [ ] Contact for results_
Phone
Chemical Samples
Chemical Samples (metals, pesticides, nutrients etc. Describe)
Station: Sample No
Results: TO ESB?[ ] To Other? [ ] Contact for results
Phone
Photographs and/or Videos taken? Y [ ] N [ ]
Where on file? Name/Address
Phone
Additional Comments, Observations, Conclusions: (attach additional sheet if necessary)

IN
lo:ems r
-
IT, IM)
I 'A

Richland Creek, sediment release from Lake Junaluska and subsequent fish kill,
November 19, 1998
25
28
26
31
32 33

Ai
x Ou
F f 63r
.4,• ,fit . ' @:. w f �" +�
�• � � .4 A. `f`.. it .. ":, � -.. ,aa� e, � �;
Al
,4�
ay
yi t�i e f l #t
ok
s
4x
_g
WR
Yam'
g5
•�Ye Lk�t,�� s � I
1 'i^M 1 Y� r• } �'t �Y
t
�„ i � s'yr�Nai•�
S "Y
J

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Nann B. Guthrie, Regional Manager
Asheville Reaional Office
WATER QUALITY SECTION
December 13, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. M. Glenn Martin
Associate Executive Director
Lake Junaluska Assembly
Post Office Box 67
Lake Junaluska, North Carolina 28745
Subject: NOTICE OF VIOLATION
Turbidity Standard
Richland Creek
Haywood County
Dear Mr. Martin:
On December 2, 1994, Mr. Paul White and Mr. Keith Haynes of
this Office met with you below the Lake Junaluska dam to discuss
downstream silt problems in Richland Creek. The silt problems
were the result of work being performed on the gates of the dam.
You explained to Mr. Haynes that two of the three gates would not
operate properly and that the remaining operative gate had been
opened in order to drain the lake so that the gate could be
repaired. The gate was also left open because the contractor was
concerned that if the gate were closed it might not be possible
to reopen it, and therefore, unable to make appropriate repairs.
Since the gate was left open Richland Creek was allowed to flow
through the lake bed with no retention, thus washing silt
downstream.
Turbidity readings taken on December 5 and 8, 1994, revealed
measurements of 230 NTU (Nephelometric Turbidity Units) and 310
NTU respectively.
The freshwater turbidity standard for Class "C" waters is 50
NTU for aquatic life, of which both of the aforementioned
readings were well in excess. Upstream samples taken from
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. M. Glenn Martin
December 13, i994
Page Two
Richland Creek above Lake Junaluska resulted in measurements of
4.2 NTU and 2.9 NTU respectively.
While it is understood that routine maintenance on the dam
must be performed, it is requested that future'work which
requires the draining of the lake be accomplished as
expeditiously as possible in order to cause minimal impact to the
downstream water quality of Richland Creek including maintaining
turbidity measurements as low as possible.
Your cooperation in handling future maintenance is greatly
appreciated. If you have any questions concerning this or any
related matters, please do not hesitate to contact Mr. Haynes or
me at 704-2.51-6208.
Sincerely,
J n
Roy M. Davis, Regional Supervisor
Division of Environmental Management
xc: Haywood County Health Department
Keith Haynes
d

January 19, 1995
MACK SETZER
JUNALUSKA SAN DIST-ST EMP CRE
PO BOX 35
LAKE JUNALUSKA, NC 28745
SUBJECT: CERTIFICATE OF COMPLETION
PERMIT NO. WQ0008560
JUNALUSKA SAN DIST-ST EMP CRE
HAYWOOD COUNTY
Dear Permittee:
On December 17, 1993 the Division of Environmental Management issued you
the subject permit. One of the conditions of the subject permit read as
follows:
Upon completion of construction and prior to operation of this permitted
facility, a certification must be received from a professional engineer
certifying that the permitted facility has been installed in accordance
with the requirements of this permit and the approved plans and
specifications. Mail certification to the Permits and Engineering Unit,
P.O. Box 29535, Raleigh, N.C., 27626-0535.
To date, our records show that no certification has been received for the
subject permit. If the permitted facility has been constructed and placed into
operation please submit the required certification immediately. Operation of
the treatment system prior to submission of the required certification is in
violation of your permit and is subject to enforcement action. If you have any
questions, please contact your consulting engineer for this project, RAMAN D.
AMIN, PE at [phone]. If the facility has not been constructed, please
contact the Asheville Regional Office at [phone], so that they can update
their records.

Thank you for your prompt attention to this matter.
Sincerely,
Original Signed By
Angela Y. Griffin for
Carolyn McCaskill, Supervisor
State Engineering Review Group
cc: File
Asheville Regional Office

P.O. Box 67
Lake Junaluska, N.C. 28745
Phone — [phone]
September 30, 1994
Keith Haynes
Water Quality Agency
59 Woodfin Place
Asheville, NC 28801
Dear Keith,
r �
Lake Junaluska Assembly
IIJJ 6i �;
oC r 3 IS94
Lake Junaluska Assembly staff and property owners would like to thank you for giving the time
and effort to be with us on September 27, 1994.
We appreciate you sharing in our concern about the silt, litter and other debris that make it so
difficult for us to provide a clean and beautiful lake for all who need it.
We offer to you and to all who will a welcome to our facilities and events. We feel that we have an
excellent resource for bringing good people to western North Carolina and for enhancing the
quality of life of those who live and visit here.
Your interest and actions can help us preserve the environmental quality we can all enjoy and be .
thankful for. We are ready and willing to work with you in any way that you suggest.
Come back to Lake Junaluska ai your leisure and bring the a idly and friends. Spend some time
beside the still waters cradled in the great mountains. October is a special time!
Thanking you again for your help in solving our problem.
Sincerely,
OAV4
M. Glenn Martin
Associate Executive Director
Junaluska Division
Conference and Retreat Center of the United Methodist Church in the Southeast

�;(C�J_ `, ��: �'v'1��i'�\'Ll �,.'�is„ �:i �Ir�lyi�i ��i��Lr ii�.f-- �v`wi�...-1r' -ij- •-.:
L-t .�. .i�_.
3I`,.Ii:n_�_�—
-'`�,'�-i -- -;. !'•!._
±-='.1-' __L�A :;_!:_.
N.C.Klvll `!' X H : 'd Lr " UVI ± i t_1 r_! !_ iJ `I
=. t_'1--iJ'';';..
—Y SA`(_`t_`i%
A F-JL1C1-1N-.L NAME: L,A K." `I -Nl LL7 -KA HS,`:.rMBLY
'.Kt }v } k. =• i ' �' i iJL • _%1i j _ _\� t-'
µ
UL,ii1V1 '_ L
1 i F'
-7i
it
-- ---J
5-I -- -'-, - - - ��� 5
?: i_..:`�-!1\tS t-- `1_ll ~'' O
AQ
l n i I 1 H i 1 f { H ;• 1' M 11 1 -
{.h+ + {—• {.
y_ .. --
lVi _L i.L t]S-1 + t.., i`i--. u iH.. :.1 i. �1 V(. �:i
i.I Wi_I_
I:`_ 4,'"'� �iuiyi l ✓! ' '1!\]+.; :_rH''"'11�+_,.'"L`.
Y, a� �0.�e.
1 VI ~:_�L{.~.
4
C;C{iv�v
�"Q A . — --- — --- — -- — ---- — -- --- — —

a
DIVISION OF ENVIRONMENTAL MANAGEMENT
November 17, 1994
MEMORANDUM
TO: Forrest Westall
Asheville Regional Office
FROM: John Dorneyp� CLQQ-o -o-qC41-
RE: 401 Certification Review
Please review the enclosed 401 Certiffcation applications by December 17, 1994. Please call
me if you or your staff have any questions, or need assistance in these reviews.
PLEASE COMPLETE THE NEW STAFF REPORT AND RECOMMENDATION 'FORM
1. Lake Junaluska Assembly (1 month review)
#941053
Haywood County `
The other enclosed material (if any) is for your general information and use as appropriate.
Enclosure

:n
I 1 an N! 0'v I,
RAI
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
r
Action ID No. 199500392
0200190*me•�
November 10, 1994
The LAKE JUNALUSKA ASSEMBLY, LAKE JUNALUSKA, NORTH CAROLINA 2.8745 has
applied'for a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL
INTO LAKE JUNALUSKA IN CONJUNCTION WITH THE CONSTRUCTION OF TWO STONE
CAUSEWAYS OFF OF HIGHWAY 276 in Haywood County, North Carolina.
The following description -of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the construction of two 16-foot wide by 150-foot long rock
causeways. Each .causeway will consist of approximately 265 cubic yards of
clean stone secured on the sides by 3-foot high gabion baskets. The causeways
will be located on the upstream end of the lake near the confluence of Factory
Branch and Richland Creek. Once constructed, the causeways are to allow
permanent access into the lake for sediment removal by trucks aqd an expanded
reach trackhoe. The Assembly estimates the removal.of 3,000-4,000 cubic yards
of sediment annually. Excavation will be performed during the winter months
when the lake is drawn down. All dredged material will be trucked -to the Town
of Waynesville landfill. Hydraulic dredging of the lake,, as has been
undertaken in the past, is no longer practicable due to the lack of a disposal
site. Plans showing the work are included with this.public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army (DA) permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer -a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
This application'is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public, hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

-2-
The District Engineer has consulted the latest published version of the
National -Register of Historic Places for the presence or absence of registered
properties,, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which,
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision'should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects.thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood°hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a .
permit will be denied if the discharge that would be authorized by such permit
wouldnot comply with the Environmental Protection Agencies' 404(b)(1)
guidelines: Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS),pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing.and
to determine the overall public interest of the proposed activity.

-3-
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices.of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after December 27, 1994.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before December 2, 1994',
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, -will
be received in this office, Attention: David Baker, until 4:15 p.m.,
December 9, 1994, or telephone [phone].

C �Rf AT `.' SMOKY .`' .a%: �. `'� - . •. _•
0s 776 ";✓•.�.. Z
AnOyAL PARK {f
\ b r w
�.� M^ I� V• tb • w � (�• � IAA �" �'.i ��t• / '
209
all
IALAK \ p I `• } .. 19 776
77�• •- - .. �; 11 �' M�
Io - • / 14 %�•
19
Ix
Ni
_ ,•', 5 1 ' ' . :r•� '`..� wlr �.'T\' r :�. ,-' .• 4s t _ � 77s:.
.50
215

SCALE = 1" = 250'
LOCATION OF PROPOSED
'-- CAUSEWAYS4f'
Fti �
° CF
.S r
.s
.f
0
o � � L
e
EXISTIN
® C A U Slhu

CAUSEWAY
DETAIL
,Vo,emAL WA rc e LE
aVEL
S
D 00 o
(rAaiv,J 5To,��'
qA 31,OAl 3
Off'! G I N>9 L L ,,9,K Z 8 O T To /7-7
No T'E ,Vol.);Ily' c([
L E'�1E4 . -AC 7-OAL DEPr v 4jiz4 v4,e y) .tlC'Co.e1� i.UC,- To
,6077 0/r) .. ZeWg7-11 Of -,Qr�SEC�AS� /Z-5 To SE /S'o 11

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B.. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Nann B. Guthrie, Regional Manager
Asheville Regional Office,
4
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 4, 1994
Mr. F. W. Altman
506 North Main Street
Waynesville, North Carolina 28786
Subject: Lake Junaluska
'Haywood County
Dear Mr. Altman:
During our September 27, 1994, meeting you asked what
information I might have regarding the suitability of Lake
Junaluska for swimming and whether fish taken from Lake Junaluska
can be safely eaten.
Attached is all the published information I could find
within our Division on Lake Junaluska. The data indicates that
fecal coliform levels in the Lake are well within our standard of
200 colonies per 100 ml.of,sample based upon the geometric mean
of five (5) samples taken within thirty days of one another. The
fecal coliform analyses is our way of determing the suitability
of a body of water for swimming. I am told that unpublished data
supports that the waters of Lake Junaluska meets the
Environmental Managmeent Commission's requirements for swimming
waters.
I asked Mr. Jim Borawa of the North Carolina Wildlife
Resource Commission, if any studies had been done on fish taken
from Lake Junaluska. He informed me that no such studies had
been carried out.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past -consumer paper

W3
F. W. Altman
October 4, 1994
Page Two
If after you review the attached information you have
questions, please do not hesitate to call either Mr. Keith Haynes
or me at 704/251-6208. We very much enjoyed your hospitality
during our recent meeting.
Enclosure
xc: Keith Haynes
Glen Martin
Sincerely,
Roy M. Davis
Regional Supervisor

e
LAKE JUNALUSKA
1
COUNTY:
- Haywood
BASIN:
French Broad
SURFACE AREA:
81 hectares (200 acres)
USGS TOPO:
Clyde, N.C.
� CLASS: _
B
LAKE TYPE:
Reservoir
LATEST NCTSI:
SAMPLING DATE
2.7 TROPHIC STATE: Eutrophic
August 26.1987 ADDITIONAL COVERAGE: Metals
SECCHI DEPTH: 0.7 m CONDUCTIVITY:
TOTAL PHOSPHORUS: = 0.04 mg/l -DISSOLVED OXYGEN:
TOTAL ORGANIC NITROGEN: 055 mg/l TEMPERATURE -
CHLOROPHYLL -A: 28 µg/l pH:
Lake junaluska is a small reservoir located
in the mountains of southwestern North
Carolina. The lake is privately owned by
the Methodist Church and was built by the
Lake junaluska Assembly as a meeting ground
for southern Methodists. Construction of the
dam at the confluence of Richland Creek and
Factory Branch began in 1911 and ended in
1914. The lake has a watershed of 162 km2, a
maximum depth of seven meters, a mean
depth of five and a half meters, and a volume
of 4.5 x 106 m3. Land in the watershed is
mainly forested, with some urban areas. The
mean hydraulic retention time of the lake is
only 13 days.
Lake junaluska has historically had prob-
lems with sedimentation and .eutrophication.
The lake was dredged in 1964, in 1973, and
again in 1982. Sedimentation rates in the
.90 - 95 µmhos/cm2
9.8 -10.0 mg/1
25 - 26 °C
8.6 - 9.0 s.u.
watershed have increased greatly over the
past thirty years and can be attributed to
highway construction and residential and
industrial growth within Haywood County
(Yurkovich 1984).
Lake junaluska was sampled on August 26,
1987. Physical measurements indicated that
the two deeper stations (FRB047B and
FRB047C) were stratified, although the
shallow station (FRB047A) was mixed.
Nutrient concentrations were elevated with
station FRB047A exhibiting the highest
levels. Chlorophyll -a was also elevated.
The maximum concentration of 35 µg/l was
found near the dam and approached the state
chlorophyll -a standard of 40 µg/l. Heavy
metal analyses of surface waters revealed
low levels of zinc and aluminum.

y
Phytoplankton from Lake Junaluska were
identified in 1981, 1983, and 1987. Blue-green
algae were dominant in 1981. In 1983, algal
populations were composed of diatoms and
green algae, typical dominants of an oligo-
trophic lake. In 1987, estimates of biovolume
and density were moderate to high and dom-
inated by the filamentous blue-green alga,
Anabaena levanderi. Although data are
limited, it appears that the algal community
briefly responded to improved water quality
following the dredging of Lake Junaluska in
1982.
E2 BIOVOLUME, ® DENSITY &
CHLOROPHYLL -a
16000
35
14000
30
12000
25
10000
20
-S
8000
15
6000
4000
10
2000
5
0
0
FBR FBR FBR
047A 047B 047C
The TSI in 1987 was 2.7, higher than in 1983
(-OA), but equal to the value in 1981. The
drawdown and dredging of the lake in 1982
temporarily improved water quality in 1983.
However, the most recent data indicate the
potential for water quality problems in Lake
Junaluska. At the time of assessment, no
violations of state water quality standards
were observed at Lake Junaluska, and the
reservoir fully supported designated uses.
However, the eutrophic condition of the lake
indicates that further monitoring is needed.
STATION FRB047A
TEMP. ('C)
DO (mg/U _
0 10 20
30 40
0
,
i
i
2
E
4
w
A
6
8
0 5 10
15 20
STATION FRB047B
STATION FRB047C
TEMP. ('C)
TEMP. (°C)
0 10 20 30 40
0 10 20 30 40
0
0
,
2
;
2
i1
E
�
�
c
a
6
6
i
�
8
0 5 30 15 20
II
8 1
0 5 10 15 20
DO (mg/1)
DO (mg/1)
% BIOVOLUME BY CLASS
100
80
60 OTHER
� CYA
40
20
0
FBR FBR FBR
047A 047B 047C
128
e

v :// L:JI J1 3.J. JJ LJ .71J tJJ JJJ.7 11.✓ Llilil ��K lilyYVVl -�-� AL\V
` 1
J'
Lake Junaluska
Lake Junaluska is a 200 acre lake in the mountains of southwestern North Carolina. The lake
was built by the Lake Junaluska Assembly with dam construction completed in 1914'
Maximum depth is seven meters, with a mean depth of 5.5 meters and a volume of 4.5 x 106
m3. Mean hydraulic retention time is -13 days. The watershed (162 km2) is primarily forested
with a few urban areas.
j
DEM sampled Lake Junaluska in 198.1,1983,1985, 1987, and 1992. In 1983, 1985, 1992
the whole lake. TSIs suggested the lake was mesotrophic while in 1981 and 1992, the TSI.
suggested eutrophic conditions. Dissolved oxygen at the deepest of the three lake sampling
sites (6.7 m) was stratified and ranged from 8.0 mg/l at the surface to 0.5 mgfi at the bottom.
Conductivity ranged from approximately 49 µrnhos/cm2 at the surface to 51 µmhos/cm2 at the
bottom. The mean lake -pH was 7.2. s.u. Secchi depths averaged 1.2 meters. Lake Junaluska
is classed B and supported its designated uses in 1991
Lake Junaluska has had historic problems with sedimentation and eutrophication. Dredging of
the lake was performed in 1964, 1973;1982,-and in-.1992..-Sedimentation has -increased --- -
primarily because of highway construction and residential and industrial growth in the
watershed. A high turbidity value of 63 NTU was found .ne-ar the center of the lake in 1992.
This is above the standard of 25 NTU for lakes. Phytoplankton samples were collected from
Lake Junaluska in 1983 after the lake was dredged in 1982. Samples indicate that the lake was
dominated by the.diatoms. Melosim and Rhizosolenia, which are common inhabitants of a well
balanced lake community. Chlorophyll a was moderately low, at 11 µg/i. However in 1987,
algal populations and chlorophyll a concentrations were elevated and the lake system was
totally dominated by the blue-green algae (eyanophyte), Ana aena levanderi, depicting the
eutrophic nature of the lake. Lakewide chlorophyll a averaged'28 µg/l. Algal growth was
again diminished in 1992 after the lake was dredged and chlorophyll a averaged less than 2
µ.g/l. Lake Junaluska was sampled in August 1985 for the -Algal Growth Potential Test. The
control Mean Standing Crop (MSC) was 0.38 mg/l. When phosphorus was added the .
resulting MSC was 14.43 mg/1 and when nitrogen was added the resulting MSC was 0.47
mg/l. This shows Lake Junaluska was phosphorus limited when sampled in 1985.
The US Environmental Protection Agency (EPA) evaluated Lake Junaluska in 1973 as part of
the National Eutrophication Survey. The EPA's monitoring indicated the lake was eutrophic,
however, no point sources of nitrogen or phosphorus were found. In 1984, a report on
sources of non -point pollution in Lake Junaluska.waprepared by Dr. Steven P Yurkovich of
the'Department of Earth Sciences, Western Carolina University. In this report, poor land use
practices within the watershed were identified a potential sources of pollution and sediment
loading in the lake. A 1985 report by David Gerrard, District Technician for the US
Department of Agriculture, Soil Conservation Service District Office in Waynesville, NC,
concurred with Dr. Yurkovich's findings that land development activities and agricultural
practices within the watershed contribute to sedimentation of the lake.
Lake Junaluska
920728
-1.9[M]
0.04
0.22
1.7
1.23
Lake Junaluska
870826
2.7[E]
0.04
0.55
28.0
0.70
Lake Junaluska
850731
-2.0[M]
0.02
0.18
10.0
2.30
Lake Junaluska
830731
-0.4[M]
0.06
0.15
11.0
1.30
Lake Junaluska
810922
2.7[E]
0.04
0.57
34.0
0.80
Y.j V V G

DATE
TROPHIC '
SECCH
SECCHI
CHLa Corr
NH3
TKN
NO2NO3
TN
TON
TP
LAKE NAME
STATION#
ECO
SAMPLED
CLASS
STATUS
(m)
(in)
(µg/1)
(mg/1)
(mg/1)
(mg/1)
(mg/1)
(mg/1)
(mg/1)
FINALTSI
Lake Junaluska
FR6047C
MT
920728
B
I Mesotrophic
1.40
55.12
2.0
0.040
0.30
0.24
0,50
0.26
0.030
-1.8
Lake Junaluska
FRB47B
MT
920728
B
Mesotrophic
1.40
55.12
2,0
0.030
0.20
0.24
0.44
0.17
0.030
-2,5
Lake Junaluska
FRB047A
MT
920728
B
Mesotrophic—
0.90
35.43
1.0
0.060
0.30
0.25
0.55 —
— —0.24—
0.050
-1.5
Lake Junaluska
Lake Ave
MT
920728
B
Mesotrophic
—
1.23
46.56 ,
1.7
0.043
0.27
0.24
0.50
0.22
0.037
1.9
Fecal Collforma MFTCC/100 n
LAKE NAME
STATION #
1983
1985 1992
Lake Junaluska
FRB047C
<10
4 <10
Lake Junaluska
FRB047B
<io
— <10
—Lake Junaluska—
—Lake
_F_R8_04_7A__________
20_
— — — —10
Junaluska—
Lake Ave.
<10
4

JI Lake Junaluska Assembly
P.O. Box 67
Lake Junaluska, N.C. 28745
Phone — [phone]
September 30, 1994
Roy Davis
Division Environmental Management
59 Woodfm Place
Asheville, NC 28801
Dear Roy,
Lake Junaluska Assembly staff and property owners would like to thank you for giving the time
and effort to be with us on September 27, 1994.
We appreciate you sharing in our concern about the silt, litter and other debris that make it so
difficult for us to provide a clean and beautiful lake for all who need it.
We offer to you and to all who will a welcome to our facilities and events. We feel that we have an
excellent resource for bringing good people to western North Carolina and for enhancing the
quality of life of those who live and visit here.
Your interest and actions can help us preserve the environmental quality we can all enjoy and be
thankful for. We are ready and willing to work with you in any way that you suggest.
Cortie-bacl. to Lake Junaluska at your leisure mnd bring the family and friends. Spend some time
beside the still waters cradled in the great mountains. October is a special time!
Thanking you again for your help in solving our problem.
Sincerely,
M. Glenn Martin
Associate Executive Director
Junaluska Division
Conference and Retreat Center of the United Methodist Church in the Southeast

-�---��
01
_ -S
rl)
I
_
-,L�
m

i
„
o
LUCQZ C-a "I
- -
f� "

EDF.:HNF;Z
TO:
North Carolina
Department of
Environment, Health,
and
Natural resources
Nann B. Guthrie - Regional Manager
Interchange Building
59 Woodfin Place, Asheville, North Carolina 28801-2482
Phone:[phone] Fax:[phone]
FAX NUMBER:
FROM:
DATE:
Number of pages (including cover page)
COMMENTS:

��. FEDERAL/
l ! 312
Project No. 3474 - NC
5
ENERGY REGULATORY COMMISSION
ATLANTA REGIONAL OFFICE
Parkridge 85 North Building
Presidential Parkway - Suite 300
Atlanta, Georgia 30340
The Reverend M. Glenn Martin
Associate Executive Director
Lake Junaluska Division
The United Methodist Church
Southeastern Jurisdictional
Administrative Council
Post Office Box 67
[phone]
S E P 1 "I'��l
r
SEP 22 1994
'SEP 22 1994
WATER .:;!-,�:LITY,o,Y' OF
DIRECTORS OFAFIIICEG�INT.
SECTION
Lake Junaluska, North Carolina 28745
Dear Mr. Martin:
Mr. William H. Duke of the Atlanta Regional Office will
conduct an annual operation inspection of the exempted Lake
Junaluska Project No. 3474 on Monday, September 26, 1994. He will
meet you or your representatives at the' Lake Junaluska
administrative offices at 1 p.m. to begin -the inspection. All
project structures will be inspected and -records required for this
project will be examined. Please --have a boat available to
facilitate the inspection of the upstream portions of -the dam. An
exit meeting will be held at the end of the inspection to discuss
findings and .necessary followup action.
A copy of the Project Compliance Summary from the Hydropower
License Compliance Tracking System accompanied our December 30,
1993, letter. This summary describes the status of actions to be
taken by The United Methodist Church Southeastern Jurisdictional
Administrative Council (UMCSJAC) to comply with the requirements of
the project_- exemption and CGT,LlllisslGn Rules and Regulations.
Following the inspection, the current status of required actions
report will be reviewed with UMCSJAC staff, and any questions they
may have will be answered.
You were furnished a letter dated March 2, 1994, stating each
project owner is responsible to ensure the project is in compliance
with Section 12.43 of the Commission's Regulations requiring any
power or communication line or gas pipeline that is located over,
under, or in project waters not to obstruct navigation for
recreational or commercial purposes or otherwise endanger public
safety. Minimum clearances of power and communication lines should
be in accordance with the National Electrical Safety Code. Please
submit for our review prior to this inspection your inventory and
appraisal of compliance of all utility lines at the project.
all

Mr. Martin -2-
Mr. Duke will discuss the assessment during the inspection and
indicate followup action required.
Copies of this letter are being furnished to appropriate
Federal and State agencies. If agency representatives are
interested in accompanying Mr. Duke during the inspection, they are
requested to contact this office at 404/452-2360. This contact
will be the basis for notifying agencies of a last minute change in
the inspection schedule.
Very truly yours,
Robert W. Cri , .E.
Director

• ^ Mr., Martin
-3-
North Carolina Federal and State Agencies
Ms. Cherry Green
Mr. James K. Leumas, P.E.
U. S. Department of the Interior
State Dam Safety Engineer
Fish and Wildlife Service
Dept. of Environment,
1875 Century Boulevard, Suite 324
Health, and Nat. Resources
Atlanta, GA 30345
Land Quality Section
Post Office Box 27687
Ms. L. K. (Mike) Gantt
Raleigh, NC 27611-7687
U. S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, NC 27636-3726
Mr. Andreas Mager, Jr.
Acting Assistant Regional Director
Habitat Conservation Division
National Marine Fisheries Service
9450 Koger Boulevard
St. Petersburg, FL 33702
Director
Southeast Office
National Park Service
75 Spring Street, S. W.
Atlanta, GA 30303
Regional Director
Region IV
Environmental Protection Agency
345 Courtland Street, N. E.
Atlanta, GA 30308
Attn: Mr. Heinz Mueller
State of North Carolina 1 /
Department of Natural Resources
and Community Development
Environmental Management
and Recreation
Post Office Box 27687
Raleigh, NC 27611
Mr. John D. Wray, P.E.
Deputy Director
Division of Water Resources
NC Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, NC 27611-7687
NC Wildlife Resources Commission
Div. of Boating and Inland Fisheries
512 North Salisbury Street
Raleigh, NC 27604-1188
Attn: Habitat Conservation Program

.o SENDER:
y Complete ite _ /or 2 for additional services#7 FW wish to receive the
m • Complete items 3, and 4a & b. following services (for an extra
• Print your name and address on the reverse of this form so that we can fee)
> return this card to you.
m • Attach this form to.the front of:thd mailpiece, or on the back if space 1. ❑Addressee's Address
does not permit.
• " "R
eturn Return Receipt Requestedon the mailpiece below the article number.
2. El Restricted Delivery
• The Return Receipt will show to whom the article was delivered and the date
c delivered. Consult postmaster for fee.
m
3. Article Addressed to: 4a. Article Number
P-8253590
Q. MR M G L E iV N MARTIN 4b. Service Type
❑ R istered
to) ASSOC. EXECUTIVE DIRECTOR Certified
v LAKE JUNALUSKA ASSEMBLY
w ❑ Express Mail
❑ Insured
❑ COD
❑ Return Receipt for
P O S T O F F 11, E B O X 6 7 iviercnanaise
G 7. Date o Del ry y
a LAKE JUPJALUSKA NC 28745 �a , l (,�
5. Signature (Addressee) 8. Add essee s Address (Only if requested
and fee is paid)
L J
� 6. nat re . gent) f

UNITED STATES POST1 IGE;,-
F
0 POS
'F PO4S GE, $300
L
U
P MA C,
H o I "d"a e
CO!,
Official Business IQ DEC Cb."
/,, PEN
USE -.T.0 At/ PAMb tifl
Print your name, address and ZIP Code here
KEITH HAYNES NC De'pt. of Envfiironm-�?nt, P.ealth &
NatuMli rF - Division Of Envircr-:ncqlai Vlcanagement
waaCp'--r GUZ-'-Jy-3 0 n Ash--jLa. l'-Z 28801