DWR SWP Read File Archive Jan 2010

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 4, 2010
William I Young
PO Box 250
Micaville NC 287550250
SUBJECT: Compliance Evaluation Inspection
Silver Bullet Convenience Store
Permit No: NCO088803
Yancey County
Dear Mr. Young:
Enclosed please find a copy of the (Compliance Evaluation Inspection conducted
on December 15, 2009. The facility is requirl6d to conduct sampling in accordance with its
permit. The facility was found to be in Compliance with permit NC0088803.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-2964500.
Sincerely,
Jeff M nzel
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NOrthCarOlina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 //
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Yancey\Silver Bullet 88803 Naturally

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United States Environmental Protection Agency Form Approved.
G p r/A Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 2 I5I 31 NCO088803 I11 121 09/12/15 117 18L 19ISI 20IU
Remarks L�
21IIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -------------—------------Reserved---------------------
67I 169 70I+—I 71 U 72I NI 73' I 174 751 I I I 11 I (80
Section B: Facility Data W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Silver Bullet Convenience Store 10:30 AM 09/12/15 09/10/01
4075 E US Hwy 19 E Exit Time/Date Permit Expiration Date
Burnsville NC 28714 11:30 AM 09/12/15 11/02/28
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
William I Young,PO Box 250 Micaville NC 287550250//828-682-7956/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Operations&Maintenance a Self-Monitoring Program 0 Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers f Date
�
Jeff Menzel <S ARO WQ//828-296-4500/ 4�/3p -95
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO088803 I11 12I 09/12/15 I17 18LCI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
At the time of inspection the facility had a discharge and is required to start sampling in accordance with
permit NCO088803 immediately.
The permit expires on 2-28-2011. Please request a permit renewal 6 months prior to expiration. A renewal
notice will be mailed as a reminder.
No violations of Permit requirements or applicable regulations were observed during this inspection.
Page# 2

Permit: NCO088803 Owner-Facility: Silver Bullet Convenience Store
,pection Date: 12/15/2009 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ n n
Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH, DO,Sludge n ❑ ■ ❑
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ n n
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ❑ ■ ❑
Is access to the plant site restricted to the general public? ❑ n ■ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Sand Filters(Low rate) Yes No NA NE
(If pumps are used)Is an audible and visible alarm Present and operational? ❑ ❑ ■ ❑
Is the distribution box level and watertight? ❑ Cl ■ n
Is sand filter free of ponding? ■ ❑ ❑ ❑
Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ❑ ■
#Is the sand filter surface free of algae or excessive vegetation? ■ ❑ ❑ ❑
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n n ■
Comment: The sand filter is being brought back online after the facility was using a
pump and haul permit which was issued by the Yancey County Health Department.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ n n
If effluent (diffuser pipes are required) are they operating properly? ❑ o ■ ❑
Comment: At the time of inspection the outfall pipe was discharging. The facility is
required to start monitoring and reporting for the parameters listed within permit
NCO088803 immediately. If there is no discharge for a period of time the facility is still
required to submit a DMR stating "No Discharge".
Page# 3

CDEINR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2010
Blake Atkins
Micaville Loop LLC
PO Box 755
Micaville NC 28755
SUBJECT: Compliance Evaluation Inspection
Micaville Loop WWTP
Permit No: NCO023566
Yancey County
Dear Mr. Atkins:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on December 15, 2009. Please refer to the Inspection report for additional comments.
The facility appeared to be in Compliance with permit NC0023566.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist
Enclosure
cc: Jadd Brewer, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �atura!!�
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Yancey\23566 Taylor Togs

United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Re ort Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 LI 2 151 31 NCO023566 i 11 121 09/12/15 117 181 CI 191 c1 201L
Remarks J
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 CA -------------------------Reserved---------------------
67 I 169 701 I 71 U 72 I N I 73 L1J 74 751 I I I I I I (80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:30 AM 09/12/15 06/03/01
Micaville Loop WWTP
621 Micaville Loop Exit Time/Date Permit Expiration Date
Micaville NC 28755 10:30 AM 09/12/15 11/02/28
Name(s)of Onsite Representative(s)[ritles(s)/Phone and Fax Number(s) Other Facility Data
John Franklin Austin/ORC/828-898-6277/
Name,Address of Responsible Official/Title/Phone and Fax Number
Blake Atkins,PO Box 755 Micaville NC 28755/Contact Contacted
Person/Owner/828-284-2155/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Flow Measurement Operations&Maintenance Records/Reports
Self-Monitoring Program E Facility Site Review Effluent/Receiving Waters Laboratory
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers �_ /`Date
Jeff Menzel�y _-� ARO WQ//828-296-4500/ /� /
Roger C Edwards ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.)
3I NCO023566 I11 12I 09/12/15 I17 18,_I \
I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
At the time of inspection the plant was discharging well water which was being piped in to the final basin.
The Division of Water Quality encourages the smart use of water recourses and advised the owner to find
ways to cut water/power consumption while the plant is not being used.
The plant was generally clean however it was showing some signs of wear that need to be addressed in
order to prolong the life of the plant. The plant is showing signs of rust and corrosion and it is recommended
that it be painted. The bar screen was also heavily corroded and may need replacing soon if the plant is put
back in service.
The permit expires on 2-28-2011. Please request a permit renewal 6 months prior to expiration. A renewal
notice will be mailed as a reminder.
No violations of permit requirements or applicable regulations were observed during this inspection.
Page# 2

Permit: NCO023566 Owner-Facility: Micaville Loop WWTP
.nspection Date: 12/15/2009 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ Cl 13
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge ❑ ❑ ■ Q
Judge,and other that are applicable?
Comment: The plant was generally clean however it was showing some signs of wear
that need to be addressed inorder to prolong the life of the plant. The plant is showing
signs of rust and corrosion and it is recomended that it be painted. The barscreen was
also heavily coroded and may need replacing soon if the plant is put back in service.
Yes No NA NE
Permit
(if the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ Q 0 0
Is the facility as described in the permit? ■ Q ❑ 0
#Are there any special conditions for the permit? ❑ ❑ ■ 0
Is access to the plant site restricted to the general public? ■ n p 0
Is the inspector granted access to all areas for inspection? ■ i] ❑ Q
Comment: The permit expires on 2-28-2011. Please request a permit renewal 6
months prior to expiration. A renewal notice will be mailed as a reminder.
Page# 3

fil 0 W A,
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 4, 2010
A. Everette Clark
City of Marion
PO Drawer 700
Marion NC 28752
SUBJECT: Compliance Evaluation Inspection
Marion WTP
Permit No: NCO055221
McDowell County
Dear Mr.Clark:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on December 15, 2009. The facility appeared to be in Compliance with permit
NC0055221.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Enclosure
cc: Steven W Miller, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 a,R�ujg//�
Internet:www.ncwaterouality.org G:\WPDATA\DEMWQ\Mcdowell\55221 Marion Water Plant �/V

United States Environmental Protection Agency Form Approved.
G P n/� Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Re Ort Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 1 2 151 31 NCO055221 111 121 09/12/15 117 181 CI 191 s1 201
Remarks LJ !J
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA --------------------------Reserved--------------------
671 169 701 I 71 U 72I N I 73 L1J 74 751 ( I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Marion WTP 01:00 PM 09/12/15 05/05/01
Greenlee Rd NCSR 1214 Exit Time/Date Permit Expiration Date
Marion NC 28752 02:00 PM 09/12/15 09/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Steven W Miller/ORC/828-652-2428/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
A Everette Clark,PO Drawer 700 Marion NC 28752//828-652-3551/82865219N6o
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance 0 Self-Monitoring Program i Sludge Handling Disposal
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and SW
or(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menze ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I N00055221 I11 12I 09/12/15 I17 18'
Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary)
There was no discharge at the time of inspection. The operator currently holds the backwash water two
weeks before discharging to Nick's Creek. The facility is currently looking into ways it can comply with new
monitoring requirements proposed in the new draft permit and still maintain a representative discharge.
No violations of permit requirements or applicable regulations were observed during this inspection.
Page# 2

Permit: NCO055221 Owner-Facility: Marion wTP
,pection Date: 12/15/2009 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n ❑ 1-1
Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids,pH, DO,Sludge n ❑ n ■
Judge,and other that are applicable?
Comment: There was no discharge at the time of inspection. The operator currently
holds the backwash water two weeks before discharging to Nick's Creek. The facility is
currently looking into ways it can comply new monitoring requirements like chronic
toxicity and still maintain a representative discharge.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? ❑ ■ ❑ ❑
Is access to the plant site restricted to the general public? ■ n n 1=1
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment: The permit is currently in the renewal stage.
Page# 3

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WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
oeverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 5, 2010
Sharon Folk
P.O. Box 1750
Greeneville, TN 37744
Subject: 401 Water Quality Certification -Approval
Sharon Folk
DWQ Project# 09-1108
Rutherford County
BRDO1 /Broad River(Lake Lure)/ 9-(17) /B; Tr
Dear Ms. Folk:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.02 acres of open waters for the purpose of
shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including(but not limited to)Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.02 (acres) Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One 1
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarol lna
Internet:www.ncwaterquality.org
Aaturall
An Equal Opportunity l Affirmative Action Employer

Sharon Folk
January 5,2010
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may resil..
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSIcbc
Enc: GC3693
Certificate of Completion
cc: Clint Calhoun—Town of Lake Lure (e-copy)
Jay Freeman(e-copy)
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
GAWPDATA\DEMWQ\Rutherford\401 s\Folk\APRVL_01-04-10.doc

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
-jeverly Eaves Perdue Coleen H. Sullins
Governor- Director Dee Freeman
Secretary
January 5, 2010
Lowery and Mary Plexico
112 Caladium Drive
Columbia, SC 29212
Subject: 401 Water Quality Certification-Approval
Lowery and Mary Plexico
DWQ Project# 09-1110
Rutherford County
BRDO1 /Broad River(Lake Lure)/9-(17)/B; Tr
Dear Mr. and Ms. Plexico:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
kpproval has been granted to place fill within or otherwise impact 0.009 acres of open waters for the purpose of
shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.009 (acres) Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 North C arol ina
Internet:www.ncwaterquaiity.org
ahlrallf
An Equal Opportunity 1 Affirmative Action Employer

Lowery and Mary Plexico
January 5,2010
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may resin.
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSlcbc
Enc: GC3693
Certificate of Completion
cc: Clint Calhoun—Town of Lake Lure (e-copy)
Jay Freeman(e-copy)
USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
G:\WPDATA\DEMWQ\Rutherford\401s\Plexico\APRVL-01-04-10.doc

NCDE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.>verly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 5, 2009
Mr. Jeff Carpenter, Director
Jackson County Recreation and Parks Department
88 Cullowhee Mtn. Rd.
Cullowhee,NC 28723
Subject: 401 Water Quality Certification -Approval
Jackson County Recreation and Parks Dept.
(Boat Ramp Removal/Shoreline Stabilization)
DWQ Project# 09-1252
Jackson County
LTN02/Lake Glenville (Thorpe Reservoir)/2-79-23-(l)/WS-III, B, HQW
Dear Mr. Carpenter:
The Division of Water Quality (Division) has completed the review of your 401 Water Quality Certification
)placation associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.08 acres of open waters below normal pool
elevation and 0.05 acres above normal pool elevation [110 linear feet] for the purpose of boat ramp removal and
shoreline stabilization at the subject property.This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality._Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Jackson County Erosion and
Sediment Control regulations and Jackson County Water Supply Watershed regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Because Jackson County is removing the concrete boat ramp and adding grass/vegetation to the area, the
Division recommends a 30 foot vegetated buffer from the shoreline (the high water line).
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One t,
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NortllCarolina.
Internet:www.ncwaterquality.org
Naturally
An Equal Opportunity 1 Affirmative Action Employer

Mr.Carpenter
January 5,2009
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of „
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Waters 0.08 (acres) Below water line
(application—3300 ft2)
Waters 0.05 (acres) Above water line
(application—2200 ft2)
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at 828-296-4500.
Sincerely,
v"
Coleen H. Sullins, Director
CHS/saw
Enc: GC3693
Certificate of Completion
cc: Lori Beckwith, USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
ARO File Copy
Jackson County Erosion Control Office
Jackson County Planning/Water Supply Watershed
G:\WPDATA\DEMWQ\Jackson\401 s\Jackson Co Rec and Parks.boat ramp removal.Lake Glenville\Approval_09-1252 Jackson Co Rec and Parks 1
2010.doc

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 6, 2010
Mr. Gary D. McKay, P.E., President
R.C.F., Inc.
P.O. Box 157
Hazelwood,NC 28738
Subject: Brannon Forest Pond Dredging-Correction
Haywood County
French Broad/Jaynes Cove Branch/5-26-15/C
Dear Mr. McKay:
This letter is to document a correction to the name of the stream and classification for the Brannon Forest Pond
Dredging activity. The stream name is Jaynes Cove Branch, a Class C water body in the French Broad River
Basin(in error,the Division of Water Quality had stated that the stream was an unnamed tributary to Jonathans
Creek). Please keep this document/correction for your records. All recommended guidelines outlined in the
,December 2, 2009 should still be followed as your company proceeds with the pond dredging activity. A copy of
ae original document is attached with this letter.
If you have any questions or comments regarding the above correction or guidelines,please contact me in the
Asheville Regional Office at 828-296-4500.
Sincerely,
Susan A. Wilson, P.E.
Environmental Engineer, Asheville Regional Office
cc: Lori Beckwith,USACE Asheville Regulatory Field Office
Charles Hoefs, President, Brannon Forest Property Owners Association
56 Rockin Chair Lane, Waynesville,NC 28785
Haywood County Erosion Control
Maggie Valley Planning Department(with original letter)
ARO File Copy
G:\WPDATA\DEMWQ\Haywood\401s\Brannon Forest Pond dredge Correction 1 2010.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer Nlatulrallff

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AP; 1 WA
:
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
January 6, 2010
Mr. and Mrs. Chandley
6470 NC Highway 212
Marshall,NC 28753
Subject: Notice of Violation
NOV 2009-SS-0047
Incident Closure
Madison County
Dear Mr. and Mrs. Chandley:
The Division of Water Quality(Division)has reviewed the information provided in your letter
dated December 5, 2009 and conducted a follow-up site visit on December 15, 2009. The written
response and the removal of the earthen"dam"from Shelton Laurel Creek, a Class C-Trout, ORW
(Outstanding Resource Water)/HQW(High Quality Water)have satisfactorily resolved the
violations noted in the Notice of Violation. The Division suggests during the spring months that
you replant, with native plantings, as much of the 25 foot Trout buffer as is feasible. The Division
understands that the area did not have a 25 foot buffer even before the earthen dam was put in place.
This letter in no way precludes this Office for taking action on this or any other violation. Should
you have any questions regarding these matters, please contact me at(828) 296-4500.
Sincerely,
XSusaA:Wilson, P.E.
Environmental Engineer
Surface Water Protection Section
cc: ARO File Copy
Madison County Planning
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

,"!� '
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 6, 2010
Burke County
DWQ Project 20091313
NCSR 1907(Rhoney Road)
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J. J. Swain,Jr., P.E.
Division 13 Engineer
North Carolina Department of Transportation
Post Office Box 3279
Asheville,North Carolina,28802
Dear Mr. Swain:
"-)u have our approval, in accordance with the conditions listed below,for the following impacts in Jacob Fork, for the
_r,drpose of replacing the existing Bridge No. 118 over the Jacob Fork on NCSR 1907(Rhoney Road) in Burke County:
Stream Impacts in the Catawba River Basin
Site Permanent Bank Permanent Temporary Total Stream
Fill in Stabilization Fill in Impacts in Stream Impacts
Intermittent in Perennial Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear ft) Mitigation
ft) (linear ft linear ft linear ft linear ft
Site 1 0 75 30 0 75 0
Site 2 0 0 0 0 0 0
Total 0 1 75 1 30 0 75 0
Total Permanent Stream Impacts for Project: 30 linear feet. Total Bank Stabilization Impacts for Project: 75
linear feet.
The project should be constructed in accordance with your application dated December 11, 2009 (received December 15,
2009), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S.
Army Corps of Engineers Regional General Permit Number 31. In addition,you should acquire any other federal,state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations.
C t.IRFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
One 1.,
ation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
to ne: w 295 45001gAXt.org 9-70431 Customer Service:1-877 623-6748
Internet: www.ncwater uali or
An Equal Opportunity 1 Affirmative Action Employer

Mr. J.J. Swain,Jr.,P.E.
January 6, 2010
Page Two
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6) and
(7). For this approval to he valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s) of Certification:
1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. The permittee shall use/Design Standards in Sensitive Watersheds/[I 5A NCAC 413.0124(a)-(e)] in areas draining to
trout waters. However, due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124(a)
regarding the maximum amount of uncovered acres. Temporary cover(wheat, millet,or similar annual grain)or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas,and should be secured in place with staples and wherever possible, include live
stakes of native trees.
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of
permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose
based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or Straw
mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent

P.E.
J
herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro
mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of
temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into
surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from tope of stream bank.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High
Quality Waters(HQW), or Water Supply I or 11(WS-I or WS-11)stormwater shall be directed to vegetated buffer
areas,grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior
to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
6. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams and other diversion structures,shall be used to prevent excavation in flowing water.
7. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
8. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
9. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This
water shall be captured,treated and disposed of properly.
10. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ first.
11. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
All bridge construction shall be performed form the existing bridge,temporary work bridges,temporary causeways or
floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
13. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
14. The dimension, pattern and profile of the stream, above and below the arch culvert, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
15. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
16. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
17. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
18. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials.
19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
21. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
-� concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
22. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.

Mr. J.J. Swain,Jr., P.E.
January 6,2010
Page Four
23. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
25. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
26. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
27. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
28. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
30. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of -
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This j
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh,North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.

P.E.
J
nis letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins,Director
Division of Water Quality
cc: David Baker,USACE,Asheville Field Office
Roger Bryan,Division 13 DEO
Ed Ingle,Roadside Environmental
Ron Linville,NCWRC
Transportation Permitting Unit
Asheville Regional Office
091313(Swain)Bridge No. 118 NCSR 1907

RUNNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
-jeverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 7, 2010
Leslie E Faber
219 Emmas Grove Rd
Fletcher NC 28732
SUBJECT: Compliance Evaluation Inspection
219 Emmas Grove Road
Permit No: NCG550970
Buncombe County
Dear Ms. Faber:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on December 17, 2009. The facility appeared to be in Compliance with permit
NCG550970.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please call me at 828-296-4500.
SincerWnzel
Jeff M
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 aa�uj,�//�
Internet:www.ncwaterouality.ora �/V G:\WPDATA\DEMWQ\Buncombe\Move\Wastewater\General\NCG55 SFR

.\
�/
j�.,
/�_/.

United States Environmental Protection Agency Form Approved.
Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCG550970 111 121 09/12/17 117 181 rI 19I cl 20I I
Remarks L— J
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved----------------------
67 I 169 70I s I 71 IJ 72 I N I 73 LLJ 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:30 AM 09/12/17 02/08/01
219 Emmas Grove Road
219. Emmas Grove Rd Exit Time/Date Permit Expiration Date
Fletcher NC 28732 10:45 AM 09/12/17 07/07/31
Name(s)of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Leslie E Faber,219 Emmas Grove Rd Fletcher NC
28732//828-628-5868/8286280768 Yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and SignatureJ(s,)/off Inspector(s) Agency/Office/Phone and Fax Numbers ///D///ate
re
Jeff Menzel Vr '-- ARO WQ//828-296-4500/ //OG/O
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3� 11 12 17 18
NCG550970 II 09/12/17 IICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The inspector appreciated seeing tablets in both the chlorine and de-chlor tubes. No violations of permit
requirements or applicable regulations were observed during this inspection.
l;
Page# 2

Permit: NCG550970 Owner-Facility: 219 Emmas Grove Road
,action Date: 12/17/2009 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge ❑ n ■ ❑
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? ❑ ❑ ■ Cl
Is access to the plant site restricted to the general public? ■ n Q n
Is the inspector granted access to all areas for inspection? ■ ❑ ❑
Ej
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n ❑ n
Are the tablets the proper size and type? ■ ❑ n n
2
Number of tubes in use?
Is the level of chlorine residual acceptable? ❑ ❑ n ■
Is the contact chamber free of growth,or sludge buildup? ■ n ❑ n
Is there chlorine residual prior to de-chlorination? 00 n ■
Comment:
De-chlorination Yes No NA NE
Type of system? Liquid
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ n n
Is storage appropriate for cylinders? ■ ❑ ❑ n
#Is de-chlorination substance stored away from chlorine containers? n n n ■
Comment:
Are the tablets the proper size and type? ■ ❑ ❑ n
Are tablet de-chlorinators operational? ■ ❑ n n
Number of tubes in use? 2
Comment:
Page# 3

7__.
���

....._._.__.
FA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.aerly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 7, 2010
Mr. Charles Allen
Allen's Wrecker Service
9631 Highway 25/70
Marshall,NC 28753
Subject: NPDES Stormwater Permit Application
Notice of Intent(NOI)NCG10000
Madison County
Response deadline: February 8, 2010
Dear Mr. Allen:
The Division of Water Quality (DWQ), in response to a complaint,performed a site visit on your premises
December 15, 2009. Based on that site visit and review of DWQ files, your facility must have coverage under
^" e stormwater general permit NCG10000 (primarily for stormwater discharges from facilities engaged in
-automobile wrecking for scrap and used motor vehicle parts).
A copy of an application (NOI) is attached to this letter, along with an explanation of the stormwater permit.
DWQ recommends that you obtain a qualified environmental engineer, scientist, or consultant experienced in
stormwater measures, to assist you with your application.
Continued discharge of stormwater, and/or failure to apply for an NPDES stormwater permit, may subject you
to civil penalty fines up to $25,000 per day per violation.
Please contact me (Susan A.Wilson) at 828-296-4500, if you have any questions about this letter or the
stormwater application.
Sincerely,
� (
,ram
Susan A. Wilson, P.E., Environmental Engineer
Surface Water Protection, Asheville Regional Office
cc: Andrea Keller, DWM/ARO
Madison County Planning
ARO File copy
G:\WPDATA\DEMWQ\Madison\StormwaterNCG10\Allen's Wrecker NOIapp I2010.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 North Carolina
Internet:www.ncwaterquality.org
;V hmallff
An Equal Opportunity\Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 7, 2010
Richard E. Green
23 Meadow Brook Dr.
Fletcher NC 28732
151 La Mancha Dr. Apt 8
Asheville, NC 28805
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0007
Compliance Evaluation Inspection
Green Residence
Permit No. NCG550722
Buncombe County
Dear Mr. Green:
Enclosed please find a copy of the Inspection Report conducted 2009-12-17. The
Compliance Evaluation Inspection was conducted by Jeff Menzel of the Asheville Regional Office.
The treatment-facility was found to be in violation of Permit NCG550722 for the following:
Inspection Area Compliance Issue
Permit Operating without a valid permit
Maintenance Failure to maintain system
Please refer to the enclosed Inspection Report for any additional observations and comments.
The sewage treatment system serving your residence at 23 Meadow Brook Drive was
constructed under the provisions of Certificate of Coverage NCG550722. Currently the system is
operating without a valid permit. Attached is a copy of the RENEWAL FORM which is to be used
to request renewal of your Certificate of Coverage. Please return the completed form to the
Raleigh address indicated.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 //
Internet:www.ncwaterguality.org G:\WPDATA\DEMWQ\Buncombe\Move\Wastewater\General\NCG55 SFR ;Vahzr'aliff

Please understand that such a discharge without a valid permit constitutes a violation of N
Carolina General Statute (NCGS) 143-215. 1; enforceable under provisions of NCGS 143-21,
as administered by this Agency.
To prevent further action, carefully review these violations and deficiencies and
respond in writing to this office within fifteen (115) working days of receipt of this letter. You
should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact
Jeff Menzel at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Attachment
cc: Central Files w/ attachment
Asheville Files w/attachment

United States Environmental Protection Agency Form Approved.
SPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCG550722 Ill 121 09/12/17 117 181 rI 19I .GI 201L I
Remarks 1- l=
21111111111111111111 _jIIIIIIIIIIIIIIIII ,III IIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA —-------------------------Reserved----------------------
67 I 169 70I 1 I 711 I 72I—�N J 73 Lj_j 74 751 I I I I I Li
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:30 AM 09/12/17 05/03/04
23 Meadowbrook Drive
23 Meadowbrook Dr Exit Time/Date Permit Expiration Date
Fletcher NC 28732 09:45 AM 09/12/17 07/07/31
Name(s)of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official(ritle/Phone and Fax Number
Contacted
Richard E Green,23 Meadow Brook Dr Fletcher NC 28732/// yes
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance 0 Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspectors) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel <' ARO WQ//828-296-4500/ �0(0
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
r P
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.
3I NCG550722 I11 12I 09/12/17 117 181_I
Section D: Summary of(Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The permit for this facility expired July 31, 2007. The home owner is required to submit a permit renewal
form.
There were no chlorine or de-chlor tablets in the tubes at-the time of inspection. This is considered a
violation of permit NCG550722.This home is currently for sale.
Use a Permit name/Ownership Change form to notify the Division if you sell or otherwise transfer ownership
of the subject facility. The Division may require modification or revocation and reissuance of the Certificate
of Coverage.
Page# 2

Permit: NCG550722 Owner-Facility: 23 Meadowbrook Drive
aection Date: 12/17/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 ■ 0 0
Is the facility as described in the permit? Q 0
#Are there any special conditions for the permit? fl (l 0 Cl
Is access to the plant site restricted to the general public? 0 0
Is the inspector granted access to all areas for inspection? 0
Comment: The permit for this facility expired on July 31, 2007. The facility is
operating without a valid permit. The home owner is required to submit a permit renewal.
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? M 0 n
Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids, pH, DO,Sludge ❑ n ■ ❑
Judge,and other that are applicable?
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ ❑ n
Are the tablets the proper size and type? ❑ ❑ ❑
Number of tubes in use? 0
Is the level of chlorine residual acceptable? Q Q Q
Is the contact chamber free of growth,or sludge buildup? 0 0 n
El
Is there chlorine residual prior to de-chlorination? ❑ 0 0
Cl
Comment: There were no chlorine tablets in the tubes at the time of inspection. This is
considered a violation of permit NCG550722.
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proporti nal to chlorine amount(1 to 1)? n S n Q
Is storage appropriate for cylinders? 00011
#Is de-chlorination substance stored away from chlorine containers? ❑ ❑ Cl M
Comment:
Are the tablets the proper size and type? Q 0 Q Q
Are tablet de-chlorinators operational? 0 n ❑ 0
Number of tubes in use? 0
Comment: There were no de-chlor tablets in the tubes at the time of inspection. This is
considered a violation of permit NCG550722.
Page# 3

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 7, 2010
Bertha S Burnette
41 Dix Creek Rd #1
Leicester NC 28748
SUBJECT: Compliance Evaluation Inspection
Briarwood WWTP
Permit No: NCO029882
Buncombe County
Dear Ms. Burnette:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
�I gc�
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
NorthCarolina
)Vaturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet:www.ncwaterquality.orq

\\
/ /
�/
�,_i

United States Environmental Protection Agency Form Approved.
PA
Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO029882 111 121 09/12/30 117 181 Cl 191 SI 201 1
Remarks
211111IIII IIIIIIIIII111111IIII IIIIIIIIIIIII1111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----—---------------------Reserved----------------------
67I 1.0 169 701 31 711 I 721 NJ 73 W 74 751 I I I I I Li 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) ,
01:40 PM 09/12/30 05/11/01
Briarwood WWTP
41 Dix Creek Rd Exit Time/Date Permit Expiration Date
Leicester NC 28748 01:55 PM 09/12/30 10/10/31
Name(s)of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Terry Kay Barr/ORC/828-697-0063/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Bertha S Burnette,41 Dix Creek Rd #1 Leicester NC 28748//828-683-3791Z0
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Operations&Maintenance ®Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
7 c�'o ico
Signature of Management Q A Reviewer Agency/Office/ ne and Fax Numbers Date
A
`; j �-
� G -
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

A
NPDES yr/mo/day Inspection Type (cont`:.
3I 11 12 17 18
NCO029882 II 09/12/30 IIC)
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated and maintained.
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on-site.
The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
Page# 2

Permit: NCO029882 Owner-Facility: Briarwood VWV1•P
pection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n
Is the inspector granted access to all areas for inspection? ■ n ❑ n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation
Ext.Air
Type of aeration system
Diffused
Is the basin free of dead spots? ■ ❑ n n
Are surface aerators and mixers operational?
nn ■ n
Are the diffusers operational? S n n
Is the foam the proper color for the treatment process? ■ n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ In n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n n n
Page# 3

Permit: NC0029882 Owner-Facility: Briarwood WWfP
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of weir blockage? ■ ❑ n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ■ ❑ n ❑
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ Cl n n
Number of tubes in use? 1
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
Page# 4

Permit: NCO029882 Owner-Facility: Briarwood WWTP
pection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Effluent Pipe Yes No NA NE
If effluent (diffuser pipes are required) are they operating properly? n n ■ ❑
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters, for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Page# 5

j._
\_

A
•WAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 7, 2010
Wendell T. Howard
HRS Land Development LLC
204 Charlotte Hwy; Suite G
Asheville, NC 28803
SUBJECT: Compliance Evaluation Inspection
Ledgestone Subdivision WWTP
Permit No: NCO087556
Buncombe County
Dear Mr. Howard:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
�GL t I
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet:www.ncwatergualitV.org

United States Environmental Protection Agency
— n/�1 Washington,D.C.20460 Form Approved.
r OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO087556 111 121 09/12/30 117 18I CI 191 si 201 I
Remarks
2111111111IIIIIIII IIII1lllIIII1ll1llll1111111111Ill
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved----------------------
67 I 1.0 169 70131 711 I 721 NJ 73 L1J 74 751 Ill I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
02:10 PM 09/12/30 06/01/01
Ledgestone Subdivision WWTP
NCSR 2800 Exit Time/Date Permit Expiration Date
Fairview NC 28730 02:20 PM 09/12/30 10/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Terry Kay Barr/ORC/828-697-0063/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Wendell T Howard,204 Charlotte Hwy Asheville NC 28803//828-299-8205/No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■operations&Maintenance ®Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
-Z/� �� fO
0L �2-
igpature of Management Q A Reviewer Agency/Offs Phone and Fax Numbers Date
'71> 7
V j 1
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cone
3I NCO087556 I11 12I 09/12/30 117 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated and maintained.
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on-site.
The permit expires on 12-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
Page# 2

Permit: NC0087556 Owner-Facility: Ledgestone Subdivision WWTP
.;ction Date: 12/30/2009 Inspection Type: Compliance Evaluation
?ermit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ n ■
Is the facility as described in the permit? ® n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n n n
Is the basin free of bypass lines or structures to the natural environment? ■ n n n
Is the basin free of excessive grease? ■ n n n
Are all pumps present? ■ ❑ n n
Are all pumps operable? ■ n n n
Are float controls operable? ■ n n n
Are audible and visual alarms operable? ■ ❑ n n
#Is basin size/volume adequate? ■ n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? n n ■ n
Page# 3

Permit: NCO087556 Owner-Facility: Ledgestone Subdivision WNlfP
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Are the diffusers operational? ■ n ❑ n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ n ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ n ❑ n
Is the site free of evidence of short-circuiting? ■ ❑ n n
Is scum removal adequate? ■ n ❑ n
Is the site free of excessive floating sludge? ■ ❑ n ❑
Is the drive unit operational? n n ■ ❑
Is the return rate acceptable(low turbulence)? ■ n ❑ ❑
Is the overflow clear of excessive solids/pin floc? ■ n 1=1 n
Is the sludge blanket level acceptable?(Approximately''/4 of the sidewall depth) ■ n ❑ n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n ❑ n
Are the tablets the proper size and type? ■ ❑ n n
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ■ n ❑
Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ n
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n ■ ❑
Page 9 4

Permit: NCO087556 Owner-Facility: Ledgestone Subdivision VWVfP
action Date: 12/30/2009 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 1
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Page# 5

•YF
4 Y
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 7, 2010
Roger C. Floren
Flesher's Fairview Rest Home
PO Box 1160
Fairview, NC 28730
SUBJECT: Compliance Evaluation Inspection
Flesher's Fairview Rest Home
Permit No: NCO034924
Buncombe County
Dear Mr. Floren:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files NorthCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
g Internet:www.ncwaterguality.or

United States Environmental Protection Agency Form Approved.
-PA
P n Washington,D.C.20460 OMB No.2040-0057
�1 Water Compliance Inspection Report Approval expires8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO034924 111 121 09/12/30 117 181 CI 191 SI 20�I1
Remarks
2111111111III11111 IIIIII111111 IIIIIIIIIIIIIIIII__1J6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 1.0 169 70131 711 I 72I N I 73' I 174 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
02:25 PM 09/12/30 05/12/01
Flesher's Fairview Rest Home
3016 Cane Creek Rd Exit Time/Date Permit Expiration Date
Fairview NC 28730 02.40 PM 09/12/30 10/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Ph one and Fax Number(s) Other Facility Data
Terry Kay Barr/ORC/828-697-0063/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
=' Roger C Floren,PO Box 1160 Fairview NC 28730//828-628-1066/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO wQ//828-296-4500 Ext.4662/
t
Si9r, ture of Management Q A Reviewer Agency/ ff e/Phone and Fax Numbers Date
�� ''`mow..
3 ^ / /
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont,_,.,
3l NCO034924 I" 12I 09/12/30 i �� ,aIcl
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated and maintained.
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on-site.
The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that -�
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
Page# 2

Permit: NC0034924 Owner-Facility: Flesher's Fairview Rest Home
action Date: 12/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ Cl
Is the facility as described in the permit? ■ n In ❑
#Are there any special conditions for the permit? n ■ n In
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ ❑ n
Is the unit in good condition? ■ n ❑ ❑
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ ❑ ❑ n
Is the basin free of bypass lines or structures to the natural environment? ■ n n n
Is the basin free of excessive grease? ■ n n ❑
Are all pumps present? ■ n n n
Are all pumps operable? ■ n n In
Are float controls operable? ■ n ❑ ❑
Are audible and visual alarms operable? ■ n n ❑
#Is basin size/volume adequate? ■ n n ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? In ❑ ■ n
Page# 3

Permit: NCO034924 Owner-Facility: Flesher's Fairview Rest Home
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n ❑ n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n n n
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n In ■ n
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately''/<of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth, or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Page# 4

Permit: NCO034924 Owner-Facility: Flesher's Fairview Rest Home
section Date: 12/30/2009 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Is storage appropriate for cylinders? n ❑ ■ n
#Is de-chlorination substance stored away from chlorine containers? ® n n n
Comment:
Are the tablets the proper size and type? ® n n n
Are tablet de-chlorinators operational? ■ ❑ n n
Number of tubes in use? 1
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required).are they operating properly? In n ■ n
Comment:
Operations$ Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n El
Judge,and other that are applicable?
Comment:
Page# 5

sue♦
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 7, 2010
Mr. Adnan Jazairi
LSAA LLC - dba: Sam's Mart
7935 Council Place; Suite 200;
Matthews, NC 28105-5000
SUBJECT: Compliance Evaluation Inspection
Sam's Mart#45
Permit No: NCO044199
- Haywood County
Dear Mr. Jazairi:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
NorthCarolina
cc: Central Files ;Vaturally
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet:www.ncwaterquality•orq

%_..
!�j;
\`
_.__...

United States Environmental Protection Agency Form Approved.
P n/_1 Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NCO044199 111 121 09/12/30 117 181 CI 19I SI 20III
Remarks
211 I I I I I I I I I I I I I I I I I I I I III I I I I I I I I III I I I I I I I i l l l 16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----—------—------------Reserved----------------------
67I 1,o 169 701 31 711 I 721 NJ 73 L1J 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:30 AM 09/12/30 06/12/01
Sam's Mart #45
NC Hwy 209 Exit Time/Date Permit Expiration Date
Waynesville NC 28786 12:00 PM 09/12/30 11/01/31
Name(s)of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data
Joseph Carmon Simmons/ORC/828-898-6277/
Name,Address of Responsible Officiairritle/Phone and Fax Number
Jessica Schley,7935 Council Pl Matthews NC Contacted
281055000//704-567-8424/7045678432 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■Operations&Maintenance O Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ n
Signature of Management Q A Reviewer Agency/Offic hone and Fax Numbers Date
b._ le
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I 11 12 17 18
NCO044199 II 09/12/30 I �CI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated.
The facility now has two operational blowers.
The metal treatment plant is badly rusted and corroded and needs maintainance..
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT/INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
5-1-2009 by Wanda Frazier.
A copy of the current permit was on-site.
The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:The Annual Performance Report for the reporting period July 1, 2008-June 30, 2009 been filed for the year.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
i
Page# 2

Permit: NCO044199 Owner-Facility: Sam's Mart#45
pection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ ❑ n n
#Are there any special conditions for the permit? o ■ n n
Is access to the plant site restricted to the general public? ® n n In
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
aManual
b.Mechanical n
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n In
Is the unit in good condition? ■ n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? n n ■ n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n In n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n
Are weirs level? ■ n n n
Page# 3

Permit: NCO044199 Owner-Facility: Sam's Mart#45
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of weir blockage? ■ ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ■ n ❑ n
Is scum removal adequate? ■ ❑ ❑ ❑
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n ■ ❑
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ fl n n
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) ■ ❑ n n
Comment:
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ ❑ ❑ n
Judge,and other that are applicable?
Comment:
Page# 4

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 7, 2010
Mr. Wittner Wright
Havon Inc.
PO Box 1180
Candler, NC 28715
SUBJECT: Compliance Evaluation Inspection
Canterbury Hills
Pleasant Cove Home WWTP
Permit No: NCO075388
Buncombe County
Dear Mr. Wright:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files NorthCarolina
Asheville Files Natu'rall'y
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet:www.ncwatergualitV.org

United States Environmental Protection Agency Form Approved.
n n Washington,D.C.20460 OMB No.2040-0057
r�1 Water Compliance Inspection Report Approval expires8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 N00075388 Ill 121 09/12/30 117 181 CI 19I sI 201 1
Remarks
211 � � � � � � � � � � � � � I I I I I 1 I I I I I I I I I I III I I I I I I6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 1.0 169 70I 31 711 I 721 NJ 73I I 174 711 I I I I III 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
12:20 PM 09/12/30 05/12/01
Pleasant Cove Home WWTP
NCSR 1220 At NCSR 1221 Exit Time/Date Permit Expiration Date
Candler NC 28715 12:45 PM 09/12/30 10/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Terry Kay Barr/ORC/828-697-0063/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Wittner Wright,PO Box 1180 Candler NC 28715//828-670-8893/828670889 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance N Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/P e and Fax Numbers y Date
J
EPA For' 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO075388 I11 12I 09/12/30 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated and maintained.
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on-site.
The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period. -
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
Page# 2

Permit: NCO075388 Owner-Facility: Pleasant Cove Home VWVfP
,jection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ ❑ n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n ❑
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? n n ■ n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/I) ■ n n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ El
Are weirs level? ■ n n n
Page# 3

Permit: NCO075388 Owner-Facility: Pleasant Cove Home VWVTP
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of weir blockage? ■ ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑
Is scum removal adequate? ■ ❑ ❑ ❑
Is the site free of excessive floating sludge? ■ n ❑ ❑
Is the drive unit operational? ❑ ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ ❑ ❑ n
Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑
Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ ❑ ❑
Are the tablets the proper size and type? ■ ❑ ❑ ❑
Number of tubes in use? 3
Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑
Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? ■ n ❑ n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Is storage appropriate for cylinders? ❑ ❑ ■ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? ■ ❑ ❑ ❑
Are tablet de-chlorinators operational? ■ ❑ ❑ ❑
Number of tubes in use? 1
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Page# 4

Permit: NCO075388 Owner-Facility: Pleasant Cove Home VWVfP
zction Date: 12/30/2009 Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ ❑ Cl ❑
Judge,and other that are applicable?
Comment:
Page# 5

A
�-
`�,_.,
��

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 7, 2010
Mr. Aaron Hamlin
Wedgefield Acres Mobile Home Park
558 Pond Road
Asheville, NC 28806
SUBJECT: Compliance Evaluation Inspection
Wedgefield Acres MHP WWTP
Permit No: NCO062634
Buncombe County
Dear Mr. Hamlin:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
'
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
r Internet:www.ncwatergualitV.org

�J�
\/j

United States Environmental Protection Agency
Form Approved.
Washington,D.C.20460
�A OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 N00062634 ill 121 09/12/30 117 18I CI 19I SI 201 1
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------—---------—---Reserved---------------------
67 I 1.0 169 70 13 I 711 I 721 NJ 73 LLJ 74 751 I I I I I Li 80
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
12:55 PM 09/12/30 05/12/01
Wedgefield Acres MHP WWTP
45 Wedgefield P1 Exit TimelDate Permit Expiration Date
Asheville NC 28806 01:15 PM 09/12/30 10/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Terry Kay Barr/ORC/828-697-0063/
Name,Address of Responsible Official/Title/Phone and Fax Number
Aaron Hamlin,558 Pond Rd Asheville NC 28806//828-667-4560/ Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters Other
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
CX r"4'�
. 7 �/o
Signature of Management Q A Reviewer Agency/Office/Pho nd Fax Numbers Date
t. "a..y A
«M
E: �, }, ,6 J T f'
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont%,
3I 11 12 17 18
NCO062634 II 09/12/30 IIC)
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated and maintained.
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on-site.
The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
Page# 2

Permit: NCO062634 Owner-Facility: Wedgefield Acres MHP WWTP
action Date: 12/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n 0 n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ❑ n n
Comment:
Other Yes No NA NE
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical n
Are the bars adequately screening debris? n n n
Is the screen free of excessive debris? n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? n n n
Is the basin free of bypass lines or structures to the natural environment? ■ ❑ n n
Is the basin free of excessive grease? n In n
Are all pumps present? ■ ❑ n n
Are all pumps operable? In n ■ n
Are float controls operable? n n n
Are audible and visual alarms operable? n n n
#Is basin size/volume adequate? n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation
Type of aeration system Diffused
Page# 3

Permit: NCO062634 Owner-Facility: Wedgefield Acres MHP WWTP
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Is the basin free of dead spots? ■ n Cl ❑
Are surface aerators and mixers operational? ❑ n ■ ❑
Are the diffusers operational? ■ n n r1
Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? ■ ❑ n ❑
Is the DO level acceptable? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ n ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ n
Are weirs level? ■ ❑ n n
Is the site free of weir blockage? ■ ❑ n ❑
Is the site free of evidence of short-circuiting? ■ n ❑ ❑
Is scum removal adequate? ■ ❑ n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? ❑ Cl ■ ❑
Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑
Is the overflow clear of excessive solids/pin floc? ■ ❑ n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n ❑
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ n n
Are the tablets the proper size and type? ■ ❑ ❑ n
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ■ ❑ n n
Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ n
Comment:
De-chlorination Yes No NA NE
Page# 4

Permit: NCO062634 Owner-Facility: Wedgefield Acres MHP WWTP
,ection Date: 12/30/2009 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ ❑ n n
Are tablet de-chlorinators operational? ■ n n In
Number of tubes in use? 2
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n In n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Page# 5

__
___.
���i

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 7, 2010
Mr. Jim Schenker,
Environmental Associate
TA Operating Corporation
24601 Center Ridge Road
Westlake ,OH 44145-5334
SUBJECT: Compliance Evaluation Inspection
Candler Travel Center
Permit No: NCO085952
Buncombe County
Dear Mr. Schenker:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet:www.ncwatergualitV.org

United States Environmental Protection Agency Form Approved.
_r1 n/� Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO085952 Ill 121 09/12/30 117 181 CI 19I sI 20III
Remarks
211IIIIIII IIIIIIII IIIIIIII1III IIIIIIIIII1I IIII _1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------------------Reserved----------------------
67 I 1.0 169 70131 711 I 72 I N I 73' ' 74 751 Ill I I I 180
Section B: Facility Data wI
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:20 AM 09/12/30 05/12/01
Candler Travel Center
153 Wiggins Rd Exit Time/Date Permit Expiration Date
Candler NC 28715 10:40 AM 09/12/30 10/10/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Joseph Carmon Simmons/ORC/828-898-6277/
Name,Address of Responsible Official/Title/Phone and Fax Number
-� Kathleen Scheutzow,24601 Center Ridge Rd Westlake OH Contacted
441455334//828-665-1156/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Operations&.Maintenance N Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
a, 6, : " � rD
Signature of Management Q A Reviewer Agencyl0 c Phone and Fax Numbers Date
7 (17Zt e- V
t° a �
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cone
3I NCO085952 I11 12I 09/12/30 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated and maintained.
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on-site.
The permit expires on 10-30-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
The facility had a new refrigerated composite sampler in a weather-proof housing enclosure.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' or collection system's performance over a 12 month period.)
Page# 2

Permit: NC0085952 Owner-Facility: Candler Travel Center
.action Date: 12/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n n ■ n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n ❑ n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? n ❑ ■ n
Is the basin free of bypass lines or structures to the natural environment? ■ ❑ n n
Is the basin free of excessive grease? ■ n n n
Are all pumps present? ■ ❑ n n
Are all pumps operable? ■ ❑ ❑
Are float controls operable? ■ n n n
Are audible and visual alarms operable? ■ ❑ ❑ n
#Is basin size/volume adequate? ■ n In n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ n n In
Is disposal of screening in compliance? ■ ❑ ❑ In
Is the unit in good condition? ■ n n In
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ n n n
Are surface aerators and mixers operational? ❑ n ■ ❑
Page# 3

Permit: NCO085952 Owner-Facility: Candler Travel Center
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Are the diffusers operational? ■ ❑ ❑ ❑
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basins surface? ■ 1=l n n
Is the DO level acceptable? ■ n n In
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ n
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ n
Are weirs level? ■ ❑ ❑ ❑
Is the site free of weir blockage? ■ n ❑ n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n ❑
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? ❑ ❑ ■ n
Is the return rate acceptable(low turbulence)? ■ ❑ n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 3
Is the level of chlorine residual acceptable? ■ ❑ n n
Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
. l
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Page# 4

Permit: NCO085952 Owner-Facility: Candler Travel Center
.action Date: 12/30/2009 Inspection Type: Compliance Evaluation
Oe-chlori nation Yes No NA NE
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ■ ❑ n n
Number of tubes in use? 2
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ ❑ ❑ n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? ❑ n ■ n
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
i
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Page# 5

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 7, 2010
Charles W. Burkett
Valley View of Asheville LLC
801 Alton Road; Suite 2
Miami Beach FL 33139
SUBJECT: Compliance Evaluation Inspection
Valley View Shopping Center
Permit No: NCO039187
Buncombe County
Dear Mr. Burkett:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
C, ��eE,4;4
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
NorthCarolina
;Vatumllrf
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
N� Internet:www.nGwaterguality.org

�_
��i
�.
__...

United States Environmental Protection Agency Form Approved.
—P^ Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO039187 111 121 09/12/30 117 18I CI 19I sI 20I—I
Remarks
2111111111IIIIIIII1111IIII1111IIIIIIII IIIIIIIIII16
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------
67 I 1.0 169 70 13 I 711 I 721 NJ 73 L1J 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:45 AM 09/12/30 05/12/01
Valley View Shopping Center
Vly View Shopping Cent Exit Time/Date Permit Expiration Date
Candler NC 28715 10:50 AM 09/12/30 10/10/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Joseph Carmon Simmons/ORC/828-898-6277/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Charles W Burkette,801 Atton Rd Miami Beach FL 33139//305-534-0102/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit Operations&Maintenance 0 Records/Reports ■Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
> �o
Signature of Management Q A Reviewer Agency/Office/Phone d Fax Numbers Date
r r
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont,"
3I 11 12 17 18
NCO039187 II 09/12/30 � ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Ms. Juanita James, assisted in the inspection.
There are no businesses open in shopping center, therefore there was no flow of wastewater to the
treatment plant at the time of the inspection.
PERMIT/INSPECTION/ LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on-site.
The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
Page# 2

Permit: NCO039187 Owner-Facility: Valley View Shopping Center
zction Date: 12/30/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ■ n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n ❑ n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth,or sludge buildup? ■ n n In
Is there chlorine residual prior to de-chlorination? ■ n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■
Is storage appropriate for cylinders? n In ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n n n
Are tablet de-chlorinators operational? ® n In n
Number of tubes in use? 1
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge n n n n
Judge,and other that are applicable?
Comment:
Page# 3

..
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\.

LPIWA
A
i'�Ar
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 8, 2010
Ms. Marlene L. Able
Midway Medical Center
PO Box 1409
Canton, NC 28716
SUBJECT: Compliance Evaluation Inspection
Midway Medical Center-Canton WWTP
Permit No: NCO022454
Haywood County
Dear Ms. Able:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files NorthCarolina
�611`lirRlll�
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet:www.ncwatergualitV.org

United States Environmental Protection Agency
Form Approved.
Washington,D.C.20460 AJA OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 3I NCO022454 111 121 09/12/30 117 181 Cl 191 sl 201 I
Remarks
211 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l_ I__l 6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----—---------—--------Reserved--------------------
67I 1.0 169 70131 711 I 721 NJ 73I 174 751 I I I I I ( 180
Section B: Facility Data w
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:00 AM 09/12/30 06/12/01
Midway Medical Center-Canton
Hwy 19 23 Exit Time/Date Permit Expiration Date
Canton NC 28716 11:15 AM 09/12/30 11/01/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Joseph Carmon Simmons/ORC/828-898-6277/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Marlene L Able,PO Box 1409 Canton NC 28716//828-627-2211/8286272216 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Operations&Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
. Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Off /Phone and Fax Numbers Date
�At_G,9 '
'f
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (Conti,
3I N00022454 I11 12I 09/12/30 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated and maintained.
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on-site.
The permit expires on 1-31-2011. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
Page# 2

Permit: NCO022454 Owner-Facility: Midway Medical Center-Canton
action Date: 12/30/2009 Inspection Type: Compliance Evaluation
rermit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n
Is the facility as described in the permit? ® n n n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n 00
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n
Judge,and other that are applicable?
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n n In
Is the screen free of excessive debris? n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation
Type of aeration system
Is the basin free of dead spots? ■ ❑ n Cl
Are surface aerators and mixers operational? n n ■ n
Are the diffusers operational? ■ n n n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ n n n
Is the DO level 2cceptable?(1.0 to 3.0 mg/1) ■ n n n
Page# 3

Permit: NC0022454 Owner-Facility: Midway Medical Center-Canton
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ n
Are weirs level? ■ ❑ n ❑
Is the site free of weir blockage? ■ n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ n n El
Is the drive unit operational? ❑ n ■ ❑
Is the return rate acceptable(low turbulence)? ■ n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) ■ n n n
Comment:
i
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ n ❑ 11
Are the tablets the proper size and type? ■ ❑ ❑
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ■ ❑ n n
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Is there chlorine residual prior to de-chlorination? ■ ❑ n
Comment:
De-chlorination Yes No NA NE
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ❑ ■ ❑
Is storage appropriate for cylinders? n n ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ ❑ n n
Are tablet de-chlorinators operational? ■ ❑ n n
Page# 4

Permit: NC0022454 Owner-Facility: Midway Medical Center-Canton
xtion Date: 1213012009 Inspection Type: Compliance Evaluation
,je-chlorination Yes No NA NE
Number of tubes in use?
Comment:
Page# 5

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 8, 2010
Ms. Deborah Harrell, Vice President
Days Inn of Candler, Inc.
2200 Northlake Parkway; Suite 277
Tucker, GA 30084
SUBJECT: Compliance Evaluation Inspection
Days Inn West WWTP
Permit No: NCO025933
Buncombe County
Dear Ms. Harrell:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files NorthCarolina
-� Vaturallf
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

��
��
i

United States Environmental Protection Agency
Washington,D.C.20460 Form Approved.
_,rjA OMB No.2040-0057
Water Compliance Inspection Report Approval expires8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO025933 111 121 09/12/30 117 18I CI 19I SI 20III
Remarks
211III IIIIIIIIIIII IIII IIIIIIII III1IIII Jill [ 1111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------—---------------Reserved--------------------
67 I 1.0 169 70131 711 I 72 I N I 73' I ' 74 751 I I I I I I 180
Section B: Facility Data w
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:45 AM 09/12/30 05/11/01
Days Inn West WWTP
2551 Smokey Park Hwy Exit Time/Date Permit Expiration Date
Candler NC 28715 10:15 AM 09/12/30 10/10/31
Name(s)of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data
Joseph Carmon Simmons/ORC/828-898-6277/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Deborah Harrell,2551 Smokey Park Hwy Candler NC 28715//828-667-9321/1,0
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations&Maintenance 0 Records/Reports Facility Site Review
EfFluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
/�/'? 2, e aA0
Signature of Management Q A Reviewer Agency/Off Phone and Fax Numbers Date
/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont,
3I 11 12 17 18
NCO025933 II 09/12/30 IN
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY:
Ms. Juanita James, assisted in the inspection.
This facility appears to be well operated and maintained.
The effluent appeared to be clear, indicating compliance with permit limits.
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on-site.
The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on-site and had good notation of daily events.
The fence post that supports the gate and fence, had been repaired.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its
users or customers and to the Department of Environment and Natural Resources that summarizes the
treatment works' and collection system's performance over a 12 month period.)
Page
Page# 2

.:ermit: NC0025933 Owner-Facility: Days Inn West VW-FP
-tion Date: 12/30/2009 Inspection Type: Compliance Evaluation
ermit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ n
Is the facility as described in the permit? ■ n ❑ n
#Are there any special conditions for the permit? n ■ n n
Is access to the plant site restricted to the general public? ■ n n n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ n In n
Is the screen free of excessive debris? ■ n n n
Is disposal of screening in compliance? ■ n n n
Is the unit in good condition? ■ n n n
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ n n n
Is the basin free of bypass lines or structures to the natural environment? ■ n n n
Is the basin free of excessive grease? ■ ❑ n n
Are all pumps present? ■ n n Cl
Are all pumps operable? ■ n n n
Are float controls operable? ■ n n n
Are audible and visual alarms operable? ■ n n In
#Is basin size/volume adequate? ■ n n n
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ n n
Are surface aerators and mixers operational? n n ■ n
Page# 3

Permit: NCO025933 Owner-Facility: Days Inn West WWTP
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Are the diffusers operational? ■ ❑ ❑ Cl
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ■ n n n
Is the DO level acceptable? ■ ❑ n n
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ n n
Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ ❑
Are weirs level? ■ ❑ n n
Is the site free of weir blockage? ■ ❑ n n
Is the site free of evidence of short-circuiting? ■ n ❑ n
Is scum removal adequate? ■ ❑ n n
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? n n ■ n
Is the return rate acceptable(low turbulence)? ■ ❑ n n
Is the overflow clear of excessive solids/pin floc? ■ ❑ n n
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n ❑
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ n n
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 1
Is the level of chlorine residual acceptable? ■ n n ❑
Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? ■ ❑ n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n
Page# 4

rermit: NCO025933 Owner-Facility: Days Inn West WWTP
.;tion Date: 12/30/2009 Inspection Type: Compliance Evaluation
.je-chlorination Yes No NA NE
Is storage appropriate for cylinders? ❑ n ■
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Comment:
Are the tablets the proper size and type? ■ n ❑ n
Are tablet de-chlorinators operational? ■ n n n
Number of tubes in use? 1
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? ❑ n ■ ❑
Comment:
Operations& Maintenance Yes No NA NE
Cl
Is the plant generally clean with acceptable housekeeping? ■ ❑ n
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ n n 0—
Judge,and other that are applicable?
Comment:
Page# 5

I\

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 11, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7007 1490 0004 0713 8533
TKC CX, LLC
Kenneth R. Beuley, Member
5939 Carnegie Boulevard
Suite 200
Charlotte, North Carolina 28209
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)
Construction Without a Permit
Tractor Supply Store-Franklin, N.C.
Case No. CV-2010-0001
Macon County
Dear Mr. Beuley:
This letter transmits an assessment of civil penalty in the amount of $4193.74 ($4000.00 civil penalty
+ $193.74 enforcement costs) against TKC CX, LLC, Kenneth R. Beuley, Member.
This assessment is based upon the following facts: a review has been conducted of the Sanitary
Sewer system serving the Tractor Supply Store located at 3077 Georgia Road, Franklin, N.C. 28734.
This review has shown the subject facility to be in violation of the requirements found in G.S. 143-
215.1(a), and North Carolina Administrative Code 15A NCAC.02T, .0104. The violation that occurred
is summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that TKC CX, LLC, Kenneth R. Beuley,
Member violated the requirements of G.S. 143-215.1(a) and North Carolina Administrative Code 15A
NCAC.02T,.0104 in the manner and extent shown in Attachment A. In accordance with the
maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person who
violates the requirements of G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Quality, I, Roger C. Edwards, Surface Water Protection Regional Supervisor
for the Asheville Region, hereby make the following civil penalty assessment against TKC CX, LLC,
Kenneth R. Beuley, Member.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org vv tf� //
urallff
An Equal Opportunity 1 Affirmative Action Employer

TOTAL CIVIL PENALTY $ 4000.00
ENFORCEMENT COST $ 193.74
TOTAL AMOUNT DUE $ 4193.74
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(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 noncompliance;
(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.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the attention of:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement
that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes
why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at
the address listed below. In determining whether a remission request will be approved, the following
factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.

,Le that all evidence presented in support of your request for remission must be submitted in
The Director of the Division of Water Quality will review your evidence and inform you of
ter decision in the matter of your remission request. The response will provide details regarding
.ne case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you
complete and submit the enclosed "Justification for Remission Request." Both forms should be
submitted to the following address:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Roger C. Edwards, Surface Water Protection Regional Supervisor
Division of Water Quality
Asheville Regional Office
2090 U.S. Hwy. 70
Swannanoa, N.C., 28778
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for
an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days
of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative
Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday
through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The
original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The
petition may be faxed - provided the original and one copy of the document is received in the Office of
Administrative Hearings within five (5) business days following the faxed transmission. The mailing
address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, Registered Agent
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

AND
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please be
advised that additional penalties may be assessed for violations that occur after the review period of
this assessment.
Please be advised that any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty. If you have any questions about this civil penalty assessment,
please contact Mr. Don Price of the Asheville Regional Office at(828) 296-4500.
Wtel kdger p. Edwards
Surface Water Protection Regional Supervisor
Asheville Region
Division of Water Quality
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Public Information Officer
PERCS Unit Enforcement File w/attachments
Central Files w/attachments
Larry A. Lackey, Jr. P.E., CEtech Associates, P.A.
S:\SWP1Macon\Co11ection SystemsTranklin Collection System101 11 2009 CV-2010-0001 Tractor Supply Construction without a permit doc

JRTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
. Y OF MACON
KC CX, LLC
Kenneth R. Beuley, Member
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Tractor Supply Store, Franklin, N.C. ) STIPULATION OF FACTS
CONSTRUCTION WITHOUT A PERMIT ) FILE NO. CV-2010-0001
Having been assessed civil penalties totaling $4193.74 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 11, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the director of the Division of Water Quality with thirty (30)
days of receipt of the notice of assessment. No new evidence in support of a remission request will
be allowed after (30) days from the receipt of the notice of assessment.
This the day of 120
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: CV-2010-0001 County: MACON
Assessed Party: TKC CX, LLC, KENNETH R. BEULEY, MEMBER
Permit No. (if applicable): NIA Amount Assessed: $4193.74
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
to request remission of this civil penalty. You should attach any documents that you believe support
'your request and are necessary for the Director to consider in evaluating your request for remission.
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Pursuant to
N.C.G.S. '§ 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the
following five factors applies. Please check each factor that you believe applies to your case and
provide a detailed explanation, including copies of supporting documents, as to why the factor applies
(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2010
Mr. Rich Anderson, PE
Summit Engineering Group of North Carolina, Inc.
9601 Warren H. Abernathy Hwy.
Spartanburg, South Carolina 29301
Subject: Fast-Track Application Return
Soco Creek Sewer Outfall Project
Eastern Band of Cherokee Indians
Swain County
Dear Mr. Anderson:
Attached herewith is the Fast-Track Sewer Application which you submitted seeking
permission to replace an existing sewer to serve the Soco Creek Sewer Outfall project. The
application is being returned for the following reason(s):
(1) The Surface Water protection Section of Division of Water Quality within the State of
North Carolina Department of Environment and Natural Resources, DOES NOT have
regulatory OR permitting authority on Federal Lands or the Reservation.
It'is suggested you review the EPA (Federal Permitting and Regulatory) requirements for
permitting the proposed Sewer Line. Should you have questions or need additional information,
please contact meat 828/296-4500.
Sincerely,
R y
Roger C. Edwards,
Regional Supervisor Surface Water Protection
Cc: Michell Hicks, Eastern Band of Cherokee Indians, Principal Chief
S\SWNSwainTollection Systems\01 12 2009 Application Return Soco Sewer Outfall Replacement proicadoc
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 a' I,
Internet: www.ncwaterquality.org ��atura JL1
An Equal Opportunity 1 Affirmative Action Employer

��4::'
F4CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
January 12, 2010
Mr. Kenneth Westmoreland, County Manager
Jackson County Recreation Center Sitework Improvements
401 Grindstaff Cove Rd
Sylva,NC 28779
SUBJECT: NOTICE OF VIOLATION
Jackson County Recreation Center Sitework Improvements
DWQ Tracking Number: NCR002196
NOV-201 O-PC-0015
Construction Stormwater Permit NCG010000
Stream Standard Violation- Other Waste (In-stream sediment)
Jackson County
Response deadline: January 29,2010
Dear Mr. Westmoreland:
On December 9, 2009, Susan A. Wilson and Kevin Barnett from the Asheville Regional Office of
the Division of Water Quality(DWQ) conducted a site inspection for Jackson County Recreation
Center Sitework Improvements in Cashiers, Jackson County.
Sediment impacts to an unnamed tributary to Chattooga River, a Class B, Tr, ORW were
documented constituting Construction Stormwater Permit NCGO10000 and standard violations.
Several areas in and around the tributary had sediment impacts in excess of 8 inches. The outlet
and tributary at the northeast end of the property, a wetlands area near the Cashiers Water Works,
Inc. property, and the second pond at the entrance road on the east side of the property all had
sediment impacts.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 7
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 ��N�l//�
Internet: www,ncwaterquality.org Aa `
An Equal Opportunity 1 Affirmative Action Employer

Mr.Westmoreland
January 12,2009
Page 2 of 4
VIOLATIONS
1. Construction Stormwater Permit NCG010000 -A Construction Stormwater Permit
(NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control Plan
for sites greater than one acre. Specifically,the NCGO10000 Permit authorizes discharge
of stormwater under the National Pollutant Discharge Elimination System(NPDES) in
accordance with Title 15 A North Carolina Administrative Code 2H.0100.
a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and
maintain stormwater controls to optimum efficiency as cited by Division of Land
Resources Notice of Violation dated December 21, 2009, represents a violation of
NCGO10000 Permit.
b. Final Limitations and Controls for Stormwater Discharges (Part 1. Section A.
No.2) Failure to follow the Erosion Control Plan, as cited in Division of Land
Resources Notice of Violation dated December 21, 2009, represents a violation of
NCGO10000 Permit.
c. Twenty-four Hour Reporting(Part II. Section E.No.3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
IL Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC 02B .0211
(3)f—an unnamed tributary to the Chattooga River was impacted by sediment deposition,
representing Water Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
REQUIRED RESPONSE
This Office requests that you respond in writing by January 29,2010. Your response should be
sent to both the attention of Susan A. Wilson, Division of Water Quality, 2090 US HWY 70,
Swannanoa,NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617.
Your response should address the following items:
1. Construction Stormwater Permit NCG010000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit conditions.
b. Please explain when you anticipate being in full compliance with the NCGO 10000
Permit and your Erosion and Sediment Control Plan.
c. Please provide information detailing your compliance with the minimum
monitoring and reporting requirements for each phase of the project. This
information must include monitoring records through to the date of your written
response to this letter. Specifically, it is requested that DWQ be provided a copy of

all rain gauge data and weekly inspection/monitoring reports related to your
inspections of the approved sedimentation and erosion control facilities and
stormwater outfalls. Copies of all corresponding inspections subsequent to rain
events greater than 0.5 inches are requested as well. Inspection records for the
previous 6 months should be provided. Failure to provide this information will
constitute violations of the subject CGO10000 Permit.
d. You should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project and on future
projects.
II. Stream Standard - Other Waste (In-Stream Sediment)
a. Please explain when construction(excavation, grubbing, and clearing) began at the
site.
b. Please provide a map that exactly details the jurisdictional waters on the tract. This
map should indicate all of the jurisdictional waters on the tract as well as the areas
that have been impacted, both on and off site.
c. Please submit a Sediment Removal Restoration Plan(Plan) to this office for review
and approval. The Plan must address removal of the accumulated sediment from
the unnamed tributary to the Chattooga River. The Plan must be submitted to the
Division of Water Quality for review and approval prior to implementation. You are
encouraged to secure an environmental consultant experienced in sediment removal
and stream restoration to assist you with your Plan development. It is
recommended that your consultant contact Susan A. Wilson of the Asheville
Regional Office for additional guidance during restoration plan development. The
Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A proposed schedule with dates that indicate when you expect to begin and
complete the removal of sediment.
• A diagram of the stream channel, referenced with photo documentation of
sediment impacts.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
d. Once the Restoration Plan has been implemented and is complete, a final report
documenting restoration of the stream should be submitted to Susan A. Wilson.

Mr.Westmoreland
January 12,2009
Page 4 of 4
Thank you for your attention to this matter. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Susan A. Wilson at(828)296-
4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Enc: Inspection Report
cc: John Hennessy—NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Janet Boyer, Division of Land Resources �;`

Compliance Inspection Report
,emit: NCG010000 Effective: 12/21/09 Expiration: Owner: Jackson County
SOC: Effective: Expiration: Facility: Jackson County Recreation Center Sitework
Improvements
County: Jackson
Region: Asheville DWQ Tracking No: NCR002196
Contact Person: Kenneth Westmoreland Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
Inspection Date: 12/09/2009 Entry Time: 02:00 PM Exit Time: 02:46 PM
Primary Inspector: Susan A Wilson Phone:[phone]
Secondary Inspector(s):
Kevin H Barnett Phone: [phone] Ext.4657
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Construction Stormwater
Facility Status: Q Compliant ■ Not Compliant
Question Areas:
Construction
(See attachment summary)
Page: 1

Permit:NCR002196 Owner-Facility:Jackson County
Inspection Date: 12/09/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine `
Inspection Summary:
Susan Wilson and Kevin Barnett, DWQ/ARO, performed a site inspection December 9,2009. DWQ performed a site
inspection in response to information received from DLR after their site inspection. Mr.Joey Cook was on-site(but the site
supervisor is Devon Wilson)during the time of site inspection. Mr. Wilson was not notified of the site inspection and DWQ
did not require him to be on-site during the inspection.
Sediment had migrated off-site into a tributary of the Chattooga River(at least 8 inches in sections,with a plume of
turbidity noted into the tributary at the north/east side). Sediment had also migrated into the 2nd pond on the site. A
small wetland area near the tributary to the Chattooga River(southeast side near Cashiers Water Works)was also
impacted with sediment from the construction site.
Page: 2

Permit:NCR002196 Owner-Facility:Jackson County
.nspection Date: 12/09/2009 Inspection Type:Compliance Evaluation Reason for Visit:Routine
DLR or Local Program Inspection Yes No NA NE
#Is this inspection related to a DLR/local program inspection? ■ n
#If Yes,what was the DLR /local program inspection date? 12/07/2009
E&SC Plan Yes No NA NE
Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program ❑ ■ ❑ n
Inspection Report?
Comment: NOV sent by DLR 12/21/2009
Erosion Control Measures Yes No NA NE
Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? ❑ ■ ❑ ❑
Comment: NOV sent by DLR dated December 21, 2009.
Approved E&SC Plan Yes No NA NE
Is a copy of the approved E&SC plan on site? n ❑ n ■
Comment:
Rain Gauge Yes No NA NE
Is a rain gauge present on the site at the time of inspection? n n n ■
Comment:
Rain Gauge Records Yes No NA NE
Is rain gauge data measured and recorded? ❑ ❑ n ■
Comment:
Inspection Records Yes No NA NE
Are inspection records of erosion&sedimentation control measures and stormwater discharges complete? ❑ ❑ ❑ ■
Comment: During the DWQ site visit 12/9/2009-the site supervisor was not present
(and was not requested to be present))-so no records were evaluated.
Other NCG010000 Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the NCG010000 permit? n n Cl ■
Comment:
Other Water Quality Issues Yes No NA NE
Is the site free of any other Water Quality issues as noted during the inspection? ❑ ■ n ❑
Comment: Sediment from the construction site had migrated to Cashiers Creek(and
to the on-site pond and nearby wetland area).
Page: 3

L
1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 12, 2010
Lee Smith, Utilities Director
City of Hendersonville
P.O. Box 1760
Hendersonville, N.C. 28793-1760
Subject: Permit No. WQ0034537
City of Hendersonville
Carriage Park Section 16, Phase 1
Wastewater Collection System Extension
Henderson County
Dear Mr. Smith:
In accordance with your application received December 29, 2009,we are forwarding herewith
Permit No. WQ0034537, dated January 12, 2010, to the City of Hendersonville for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded, and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein
by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any
individual system-wide collection system permit issued to the Permittee. Permitting of this project does
not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the
Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12,
1996 as applicable; and the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein.
Division approval is based on acceptance of the certification provided by the North Carolina-licensed
Professional Engineer named in the application. It shall be the Permittee's responsibility to ensure that
the as-constructed project meets the appropriate design criteria and rules. Failure to comply may result
in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities, and/or referral of the North
Carolina-licensed Professional Engineer to the licensing board.
oni On
e
Xaturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterquali�.org
i

City of Hendersonville-WQCS0034537 January 12, 2010
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the City of Hendersonville for the construction and operation of approximately 1710 linear
feet of 8-inch gravity sewer; to serve 30 3-bedroom residences, as part of the Carriage Park Section 16,
Phase 1 project, and the discharge of 10,800 gallons per day of collected domestic wastewater into the
City of Hendersonville's existing sewerage system, pursuant to the application received December 29,
2009 and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-
Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit; AND,
The sewage and wastewater collected by this system shall be treated in the City of
Hendersonville's Wastewater Treatment Facility (Permit No. NC0025534) prior to being discharged into
the receiving stream. The Operational Agreement between the Permittee and the Environmental
Management Commission is incorporated herein by reference and shall be a condition of this permit.
Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions
provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to
act in accordance with the terms and conditions of this permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Mr. Don Price at
[phone].
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Henderson County Health Department
Asheville Regional Office, Surface Water Protection (WWTF Permit No. NC0025534)
Paul Patterson, PE/PLS, Patterson and Patterson Engineers
Water Quality Central Files
PERCS Files
SMHendersonlCollection SvstemslHendersonville CSI-$0034537 01 12 2009 Carriage Park Section 16 doc

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

PERMIT NO W00034537 City of Hendersonville, Carriage Park Section 16, Phase 1 Henderson County;
4. This permit shall not be transferable. In the event there is a desire for the wastewater collectioh
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional -'
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

i
J W00034537 City of Hendersonville Carriage Park Section 16. Phase 1 Henderson County.January 12, 201
Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
12. Gravity sewers installed greater than ten percent below the minimum required slope per the
Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified
until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting
documentation. This shall be done through a permit modification with fee. Such variance requests
will be evaluated on a case by case basis. Resolution of such request shall be evident prior to
completing and submitting the construction certification.
Permit issued this the 12th day of January, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for 6ol4en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ000034537
3

PERMIT NO. W00034537 City of Hendersonville, Carriage Park Section 16 Phase 1, Henderson Count;;.
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
Complete and submit this form to the Asheville regional office with the following:
permission is hereby granted to the City of Hendersonville for the construction and operation of approximately
1710 linear feet of 8-inch gravity sewer; to serve 30 3-bedroom residences, as part of the Carriage Park Section
16, Phase 1 project, and the discharge of 10,800 gallons per day of collected domestic wastewater into the City of
Hendersonville's existing sewerage system
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having -'
been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting
materials.
North Carolina Professional Engineer's
seal, signature, and date:
..................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
............................................................................................:...
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 12, 2010
L.T. Ward
WNC Regional Livestock Center, LLC
594 Brevard Road
Asheville, N.C., 28806
Subject: Permit No. WQ0034539
WNC Regional Livestock Center, LLC
WNC Regional Livestock Center
Wastewater Collection System Extension
Haywood County
Dear Mr. Ward:
In accordance with your application received December 11, 2009, and additional information
< received on December 30, 2009, we are forwarding herewith Permit No. WQ0034539, dated January
12, 2010, to WNC Regional Livestock Center, LLC for the construction and operation of the subject
wastewater collection system extension. This permit shall be effective from the date of issuance until
rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter
shall be considered a part of this permit and is incorporated therein by reference. Please send Don
Price a copy of the "notice to proceed" issued to your contractor for this collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa,NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

WQCS0034539, WNC Regional Livestock Center January 12, 2010
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the WNC Regional Livestock Center for the construction and operation of approximately
2052 linear feet of 6-inch gravity sewer; to serve a livestock auction center as part of the WNC Regional
Livestock Center project, and the discharge of 1000 gallons per day of collected domestic wastewater
into the Town of Canton's existing sewerage system, pursuant to the application received December
30, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit; AND,
The sewage and wastewater collected by this system shall be treated in the Blue Ridge Paper
Products, Inc. Wastewater Treatment Facility (Permit No. NC0000272) prior to being discharged into
the receiving stream. This permit shall become voidable unless the agreement between WNC Regional
Livestock Center, LLC and the Town of Canton (if different from both applicant and WWTP owner) and
Blue Ridge Paper Products, Inc. for the collection and final treatment of wastewater is in full force and
effect. The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Mr. Don Price at
[phone].
Sincerely,
for Coleen H. Sullins, Director
Division of Water Quality
cc: Haywood County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. WQCS00307)
Tony Hauser, P.E. /Ambient Design Group, PLLC
Blue Ridge Paper Products,lnc.
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

Permit No. W00034539. WNC Regional Livestock Center Sewer Line Haywood County January
4. This permit shall not be transferable. In the event there is a desire for the wastewater collecti�,
facilities to change ownership, or there is a name change of the Permittee, a formal permit request"' ..
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. ,
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

✓V00034539 WNC Regional Livestock Center Sewer Line, Haywood County January 12, 2010
Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition I(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 12th day of January, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
LA
for ole n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034539
3

Permit No. W00034539, WNC Regional Livestock Center Sewer Line Haywood County January
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
Permission is hereby granted to WNC Regional Livestock Center for the construction and operation of
approximately 2052 linear feet of 6-inch gravity sewer; to serve a livestock auction center as part of the WNC
Regional Livestock Center project, and the discharge of 1000 gallons per day of collected domestic wastewater
into the Town of Canton's existing sewerage system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
..................................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow i
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

i
A V
i,;A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2010
Steve Jones, Assistant Superintendent
Jackson County Board of Education
398 Hospital Road
Sylva, N.C., 28779
Subject: Permit No. WQ0034538
Jackson County Board of Education
Smokey Mountain Elementary School
Wastewater Collection System Extension
Jackson County
Dear Mr. Jones:
In accordance with your application received December 17,2009, and additional information
received on December 31, 2009, we are forwarding herewith Permit No. WQ0034538, dated January
12, 2010, to the Jackson County Board of Education for the construction and operation of the subject
wastewater collection system extension. This permit shall be effective from the date of issuance until
rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter
shall be considered a part of this permit and is incorporated therein by reference. Please send Don
Price a copy of the "notice to proceed" issued to your contractor for this collection system extension.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by
the North Carolina-licensed Professional Engineer named in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
Asheville Regional Office Internet www.ncwaterquality.org
2090 US Highway 70,Swannanoa, NC 28778 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper

WQ0034538 Jackson County Board of Education January 12, 2010
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to the Jackson County Board of Education for the construction and operation of approximately
1100 linear feet of 8-inch gravity sewer; to serve 430 students as part of the Smokey Mountain
Elementary School project, and the discharge of 5160 gallons per day of collected domestic wastewater
into the Whittier Sanitary District's existing sewerage system, pursuant to the application received
December 17, 2009 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit; AND,
The sewage and wastewater collected by this system shall be treated in the Tuckaseigee Water
and Sewer Authority's Whittier Sanitary District Wastewater Treatment Facility (Permit No. NC0087602)
prior to being discharged into the receiving stream. This permit shall become voidable unless the
agreement between the Jackson County Board of Education and Whittier Sanitary District for the
collection and final treatment of wastewater is in full force and effect. The Operational Agreement
between the Permittee and the Environmental Management Commission is incorporated herein by
reference and shall be a condition of this permit. Noncompliance with the terms of the Operational
Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes
§143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and
conditions of this permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Mr. Don Price at
[phone].
Sincerely,
4,
6
for Coleen H. Sullins, Director
Division of Water Quality
cc: Jackson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0087602)
Victor Lofquist, P.E./Lofquist &Associates, Inc.
Tuckseigee Water and Sewer Authority
Surface Water Protection Section Central Files
PERCS Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH .
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 213 .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

PERMIT NO.WQ0034538 Jackson County Board of Education, Smokey Mtn. Ele. School Jackson County January
4. This permit shall not be transferable. In the event there is a desire for the wastewater collectio..
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from a North Carolina-licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Station
and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project
is to be completed in phases and partially certified, you shall retain the responsibility to track
further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Non-Discharge Permitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life \'
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T.; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Asheville Regional
Office, telephone number [phone], as soon as possible, but in no case more than 24 hours
or on the next working day, following the occurrence or first knowledge of the occurrence of either
of the following:
2

W00034538 Jackson County Board of Education Smokey Mtn Ele School Jackson County January 12,2010
Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing
Part I of Form CS-SSO (or the most current Division approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control.
Permit issued this the 12th day of January, 2010
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Col en H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0034538
3
i

PERMIT NO.WQ0034538 Jackson County Board of Education Smokey Mtn Ele School Jackson County January
ENGINEERING CERTIFICATION - POST CONSTRUCTION
System Description:
Permission is hereby granted to the Jackson County Board of Education for the construction and operation of
approximately 1100 linear feet of 8-inch gravity sewer; to serve 430 students as part of the Smokey Mountain
Elementary School project, and the discharge of 5160 gallons per day of collected domestic wastewater into the
Whittier Sanitary District's existing sewerage system
Complete and submit this form to the Asheville regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines)of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s)or storage greater than longest past three year outage reliability option selected)for any pump
stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent in a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
I, as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (❑ periodically, ❑weekly, ❑ full time)the construction of the above referenced
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance
of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of
Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
.................................................................................
SEND THIS FORM &SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
ROGER C. EDWARDS
SURFACE WATER PROTECTION SUPERVISOR
ASHEVILLE REGIONAL OFFICE
2090 US HIGHWAY 70
SWANNANOA, NC 28778
The Permittee is responsible for tracking all partial certifications up until a final certification is received.Any wastewater flow
made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,severly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 12,2010
E. Kay Stafford, Jr.
1109 Lofton Lane
Vidalia, GA 30474
Subject: 401 Water Quality Certification -Approval
E. Kay Stafford, Jr. Lot 6
DWQ Project# 09-1185
Macon County
LTN03 /Nantahala River(Nantahala Lake)/2-57-(22.5)/B; Tr
Dear Mr. Stafford:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
,,,Approval has been granted to place fill within or otherwise impact 0.01 acres of open waters for the purpose of
shoreline stabilization at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition,you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Erosion and Sediment
Control and trout buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.01 (acres) Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Nor L. 1Tla
Internet:www.ncwaterquality.org 1y QI Ci iCaP011
An Equal Opportunity t Affirmative Action Employer Nafitrally

E.Kay Stafford,Jr.
January 12,2010
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may resu.,
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
ZjA C—
Coleen H. Sullins, Director
CHSlcbc
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office _
401 Permitting Unit—Central Office
Ben Gibson(e-copy)
File Copy
S:\SWP\Macon\401s\Non-DOT\Stafford\APRVL Stafford 01-11-10.doc

I
1A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 13, 2010
Mr. Bobby Suttles, Sheriff
Haywood County Sheriffs Office
1620 Brown Avenue
Waynesville,North Carolina 28786
Subject: Request for Assistance
Blue Ridge Paper
NPDES Public Hearing
Haywood County
Dear Sheriff Suttles:
On January 26, 2010,the Division of Water Quality will be holding a public hearing for the renewal of
` :he NPDES Permit,which allows Blue Ridge Paper to continue discharge of treated wastewater into the Pigeon
River. The hearing will be held in the Tuscola High School Auditorium at 7:00 P.M..
Based on interest for the past public hearings held for the renewals, there is a possibility that a number of
emotional people could be in attendance. Some of those in attendance will be very adamant with their
objections to the reissuance of Blue Ridge's Permit and the ensuing discussions could get quite heated.
Therefore, we think that it would be in everyone's best interest that at least one of your deputies is on hand for
the hearing as there has been for past public hearings for this permit renewal.
If you need additional information concerning this matter,please do not hesitate to contact me at 296-
4500. Thank you for your consideration and support.
Sincerely,
Keith Haynes;
Environmental Senior Specialist
SURFACE WATER PROTECTION SECTION ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Naturally
Internet: www.ncvvaterquality.org N�/ L
An Equal Opportunity\Affirmative Action Employer

\,, j
__ ___

1 O O
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Mr. George W. Ware
High Country Home Care Inc.
PO Box 658
Newland. NC 28657
Subject: NOTICE OF VIOLATION
NOV-2010-MV-007
Permit No. NCO060224
Jonas Ridge Adult Care Facility WWTP
Burke County
Dear Mr. Ware:
A review of Jonas Ridge Adult Care Facility's monitoring report for August 2009 showed the
following violations:
Oarameter Dates Measuring Frequency Violation
Temperature 8/1 — 8/31 5 times per week Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
violations, nor was the facility status marked as non-compliant.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
f
P* Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
)224 NOV-2010-MV-007.Jonas Ridge.01-14-10.doc one
NorthCarolina
vVatltrally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
/� Internet: www.ncwaterguality.org FAX [phone]

��_
�J
�_/

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Mr. Chase Harper, President Vice
Nantahala Mountain Village Inc
9400 Hwy 19 W
Bryson City NC 28713
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0008
Permit No. NCO037737
Nantahala Village WWTP
Swain County
Dear Mr. Harper:
A review of Nantahala Village WWTP's monitoring report for June 2009 showed the following
violations:
Parameter Dates Measuring Frequency Violation
Temperature 06/01 to 06/30 5 times per week Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem. There
were NOT any comments provided on the reverse of the relevant DMR to explain the violations, nor was
the facility status marked as non-compliant.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
F� Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
37737 N OV-201 0-MV-0008.Nantahala Village.01-14-10.doc NorthCarolina
�V�rturall�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Mr. John McCracken
Haywood County Board of Education
1230 North Main Street
Waynesville, NC 28786
Subject` NOTICE OF VIOLATION
NOV-2010-MV-0009
Permit No. NCO067351
Bethel School WWTP
Haywood County
Dear Mr. McCracken:
A review of Bethel School WWTP's monitoring report for October 2009 showed the following
violations:
Parameter Date Measuring Frequency Violation
Temperature 10-09-09 5 times per week Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
violations, nor was the facility status marked as non-compliant.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact Wanda
Frazier at 828-296-4662.
Sincerely,
[-c),� Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
NorthCarolina
NOV-201 0-MV-0009.Bethel School.01-14-10.doc
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]
417

ice_

fo*-MEN=
RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Mr. Wittner Wright
Havon Inc.
PO Box 1180
Candler, NC 28715 Subject: NOTICE OF VIOLATION
NOV-2010-LV-0023
Permit No. NCO075388
Canterbury Hills
Pleasant Cove Home WWTP
Buncombe County
Dear Mr. Wright:
A review of Pleasant Cove Home WWTP's monitoring report for September 2009 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
Fecal Coliform 09/24/09 400 #/100ml 600 #/100mi Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional
information concerning the violations or comments which you wish to present, please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
C ' 4
R,K Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
NorthCarolina
75388 NOV-2010-LV-0023.Pleasant Cove.01-14-10.doc ,Naturalli
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterouality.om FAX [phone]
Ir�

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,derly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Ms. Genevieve W. Clarke
2500 NE 37th Drive
Fort Lauderdale, FL 33308
Subject: 401 Water Quality Certification-Approval
Genevieve W. Clarke Property
DWQ Project# 09-1279
Jackson County
LTN02 /Glenville Lake (Thorpe Lake)/2-79-23-(1) /WS-III, HQW, B
Dear Ms. Clarke:
The DWQ has completed the review of your 401 Water Quality Certification associated with the subject project
listed above.
Approval has been granted to place fill within or otherwise impact 332 square feet(0.008 acres) of open waters
below full pool elevation and 332 square feet(0.008 acres) above full pool elevation for the purpose of
shoreline stabilization along 133 feet of shoreline at the subject property. This approval requires you to follow
the conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to)Erosion and Sediment
Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
;_you must notify us and may be required to submit a new application.
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 one
Phone:[phone]M FAX:[phone] Customer Service:1-877-623-6748 NorthCarollna
Internet:www.ncwaterquality.org
Vaturally
An Equal Opportunity 1 Affirmative Action Employer

Ms.Clarke
January 14,2010
Page 2 of 2
Impacts Approved
A
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 0.008 (acres) 332 sq. ft. below lake level
(rip rap fill, as indicated on
plan)
Waters 0.008 (acres) 332 sq. ft. above lake level
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at 828-296-4500.
Sincerely,
Coleen H. Sullins, Director `'
CHS/saw
Enc: GC3693
Certificate of Completion
cc: Lori Beckwith, USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Jackson County Planning
Bob Martin, P.O. Box 304, Glenville,NC 28736
Lisa Leatherman, Duke Energy, Lake Services
ARO File Copy
S:\SWP\Jackson\401s\Non-DOT\Genevieve Clark-bank stab 09-1279\Approval G Clarke-09-1279 Jan 2010.doc `-

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Mr. Jim Schenker, Environmental Associate
TA Operating Corporation
24601 Center Ridge Road, Suite 200
Westlake, Ohio 44145-5634
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0013
Permit No. NCO085952
Candler Travel Center WWTP
Buncombe County
Dear Mr. Schenker:
A review of Candler Travel Center's monitoring report for October 2009 showed the following
violations:
Parameter Date Measuring Frequency Violation
Total Residual Chlorine 9/27 to 10/3 Twice weekly Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
subject violations, nor was it marked noncompliant.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
JV-2010-MV-0013.01-14-10.doc oI,e
NorthCarolina
NIVAra!!if
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]
f

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�,� ,;

11i��
C� DERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
tieverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8519
Ms. Shelley McCoy Alexander
42 Dalton Road
Mills River,North Carolina 28759
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO033251
Shelley McCoy Alexander
Camp Highlander WWTP
Case No. LV-2010-0018
Henderson County
Dear Ms. Alexander:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$517.00
($450.00 civil penalty+ $67.00 enforcement costs) against Shelley McCoy Alexander.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Shelley McCoy Alexander for the month of August 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0033251. The violations which occurred in
August 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Shelley McCoy Alexander violated
the terms, conditions or requirements of NPDES Permit NCO033251 and G.S. 143-215.1(a)(6)in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I,Roger C. Edwards,Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Shelley McCoy Alexander:
None
rthCarolina
Xtura!!y
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: [phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.nmaterguality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit_
$00.00 NC0033251, by discharging waste water into the waters of the State .
in violation of the Permit Monthly Average limit for FLOW.
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NCO033251,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
- 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NCO033251,by discharging waste water into the waters of the State
in violation of the Permit Monthly Geometric Mean limit for FEC
COLI.
$450.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$517.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
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 noncompliance;
(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.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed

Aey may relate to the reasonableness of the amount of the civil penalty assessed.
,Ling remission is not the proper procedure for contesting whether the violation(s)
arred or the accuracy of any of the factual statements contained in the civil penalty
.assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one(1) copy and a filing fee (if a

filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Ife,
within seven (7) business days following the faxed or electronic transmission. You should 66-,
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details,
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Enforcement Files w/attachments
Trevor McMinn/ORC w/attachments
`.._}wP IIelld {i �irp,teNNatcolN1 nors,:'.a t�Lj..Hi_hhna�icr..,..i253.

JUSTIFICATION FOR REMISSION REQUEST
,dQ Case Number: LV-2010-0018 County: Henderson
Assessed Party: Shelley McCoy Alexander/ Camp Highlander WWTP
Permit No. : NCO033251 Amount Assessed: $517.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRG�.
AND NATURAL RESOURCL..
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
SHELLEY MCCOY ALEXANDER/ )
CAMP HIGHLANDER WWTP )
PERMIT NO. NCO033251 ) FILE NO. LV-2010-0018
Having been assessed civil penalties totaling $517.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 14,2010,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Dale Owen
Morgan Mill Trout Farm
PO Box 193
Balsam Grove NC 28708
SUBJECT: Compliance Evaluation Inspection
Morgan Mill Trout Farm
Permit No: NCG530074
Transylvania County
Dear Mr. Owen:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection, which I conducted on at the farm on December 17, 2009. The facility was
found to be in Compliance with permit NCG530074.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to call me at 828-296-4500.
Sincerely,
Keith 9Hayne
Environmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\General\NCG53 Trout Farms\0074CEI 1 2-17-09.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 ;Vgtwr ly
Internet:www.ncwaterguality.org LL

United States Environmental Protection Agency Form Approved.
i A Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 2 I SI 3� NCG530074 111 121 o9/1z/17 1 17 181 CI 19LI 20��
Remarks
21111111111111111111IIIIIIIIIIIIIIIIIIIIIII1111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved----------------------
67 I 169 70 U 71 U 721 NJ 73 L.0 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:45 AM 09/12/17 02/08/01
Morgan Mill Trout Farm
Rt 2 Box 397 Exit Time/Date Permit Expiration Date
Brevard NC 28712 12:10 PM 09/12/17 07/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Aubrey Dale Owen,PO Box 193 Balsam Grove NC 28708//828-884-6823/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Operations&Maintenance E Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/ 1- 6
if / `(- (
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers ! D te /
Roger C Edwards c.i\µ�� -� ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCG530074 I11 12I 09/12/17 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The permit has been allowed to expire and currently is not required due to the low trout production. The
owner should renew the permit if the farm production is increased.
Page# 2

rermit: NCG530074 Owner-Facility: Morgan Mill Trout Farm
Alon Date: 12/17/2009 Inspection Type: Compliance Evaluation
iperations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 ❑ 0
Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH, DO,Sludge ❑ n 0 0
Judge,and other that are applicable?
Comment: This facility is currently for sale. Production of trout has been minimal
since November of 2008.
Page# 3

A4
w�®
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
President
Riverwind Homeowners Association
30 Riverwind Drive
Hendersonville, North Carolina 28739
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0032
Permit No. NCO076708
Riverwind Mobile Home Park WWTP
Henderson County
Dear Sir:
A review of Riverwind Mobile Home Park's monitoring report for September 2009 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 09/23/09 400#/100ml 1,200#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at
828/296-4500.
Sincerely,
v
v
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Goldie &Associates/ORC
One
;N; P 70,13,1? NorthCarolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterpuality.org FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality,
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Andrew Bradley
Uniminn.Corporation
PO Box 588
Spruce:Pine NC 28777
Subject: Stormwater Concerns
Unimin Facilities
Avery and Mitchell Counties
Dear Mr. Bradley:
Due to the extremely wet weather your area has experienced over the last few months,
and the interest in the North Toe River by local citizens, this Office is continuing to receive an
abnormal amount of complaints/concerns, regarding all of the mining operations in the area.
Most of these concerns seem to be related to heavy rainfall events.
While this letter is not for NPDES permitted facilities alone, we are contacting all mining
related operations in the area to express our concern regarding this on-going matter. It is
imperative that all operations do their utmost to alleviate all excessive stormwater runoff and
comply with their respective NCG02 mining permit.
Additionally, if you have adjoining property owners that have stormwater runoff that
flows through your property, please contact this Office with the property owner name and
address so we can make sure that they are informed of this situation. It would also be good
information if we are made aware of any highway runoff which is routed through your property
via ditches or culverts. It is imperative that DOT do their best to help with the concerns also.
Any additional information regarding nearby property owners of which you are aware
should be sent to the attention of Keith Haynes, Division of Water Quality,2009 US HWY 70,
Swannanoa,NC 28778. We will then forward a similar letter to them.
Your cooperation in this matter is greatly appreciated. If you have any question regarding
these matters,please do not hesitate to contact Keith Haynes at 828-296-4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Asheville Regional Office
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 V a jg�u1,R �
Internet:www.ncwaterguality.org �/ [6

A"JjA
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Gregory Taveras, Manager Operations
Imervs Ceramics
K T Feldspar Corporation
PO Box 309
Spruce Pine NC 28777
Subject: Stormwater Concerns
Imerys Ceramics
Mitchell.County
Dear Mr. Taveras:
Due to the extremely wet weather your area has experienced over the last few months,
and the interest in the North Toe River by local citizens, this Office is continuing to receive an
abnormal amount of complaints/concerns,regarding all of the mining operations in the area.
Most of these concerns seem to be related to heavy rainfall events.
While this letter is not for NPDES permitted facilities alone, we are contacting all mining
related operations in the area to express our concern regarding this on-going matter. It is
imperative that all operations do their utmost to alleviate all excessive stormwater runoff and
comply with their respective NCG02 mining permit.
Additionally, if you have adjoining property owners that have stormwater runoff that
flows through your property, please contact this Office with the property owner name and
address so we can make sure that they are informed of this situation. It would also be good
information if we are made aware of any highway runoff which is routed through your property
via ditches or culverts. It is imperative that DOT do their best to help with the concerns also.
Any additional information regarding nearby property owners of which you are aware
should be sent to the attention of Keith Haynes,Division of Water Quality,2009 US HWY 70,
Swannanoa,NC 28778. We will then forward a similar letter to them.
Your cooperation in this matter is greatly appreciated. If you have any question regarding
these matters,please do not hesitate to contact Keith Haynes at 828-296-4500.
Sincerely,
U
Roger C. Edwards
- Surface Water Protection Section Supervisor
Asheville Regional Office
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCaro/l/ina
Internet:www.ncwaterguality.org Nahlra lY

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 14, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8526
Mr. H. Stephen Hodge
McKee Development
PO Box 523
Cashiers,NC 28717
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO063312
McKee Development
- Cedar Creek WWTP
Case No. LV-2010-0020
Jackson County
Dear Mr. Hodge:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $170.00
($100.00 civil penalty+ $70.00 enforcement costs) against McKee Development.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by McKee Development for the month of May 2009. This review
has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0063312. The violations which occurred in May 2009 are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that McKee Development violated the terms,
conditions or requirements of NPDES Permit NCO063312 and.G.S. 143-215.1(a)(6) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),
a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a
permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the
Asheville Region,hereby make the following civil penalty assessment against McKee Development:
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NOrthCarolina
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 ��tllt'�"1/
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet:www.ncwatergualitV.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Pere_.
$.00 NC0063312,by discharging waste water into the waters of the State in viol
of the Permit Monthly Average limit for Biochemical OxylZen Deman,,,
Concentration.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0063312,by discharging waste water into the waters of the State in violation
of the Permit Daily Maximum limit for Biochemical OxylZen Demand
Concentration.
$100.00 TOTAL CIVIL PENALTY
$70.00 Enforcement Costs
$170.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance; ;
(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.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of an administrative hearing, such a request must be

.juest forecloses the option of an administrative hearing, such a request must be
.red by a waiver of your right to an administrative hearing and a stipulation and agreement
factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the
address listed below. In determining whether a remission request will be approved, the following
factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please
be advised that the Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
_,,Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the.Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may
be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed
original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
,Office of Administrative Hearings within seven (7) business days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for
the Office of Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you have any questions, please contact Wanda Frazier, of the Asheville
Regional Office Water Quality staff at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
Enforcement File w/attachments
Central Files w/attachments

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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0020 County: Jackso-I.
Assessed Party: McKee Development
Permit No.: NC0063312 Amount Assessed: $170.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
,NTY OF JACKSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
MCKEE DEVELOPMENT )
PERMIT NO.NCO063312 ) FILE NO. LV-2010-0020
Having been assessed civil penalties totaling $170.00_for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 14, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

� j��
\,,f

i ®
North Carolina Department of Environment and Natural Resources
Division of Water Qualify
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8502
Mr. Doyle Freeman, Director Utilities
Henderson County Utilities
100 N. King Street
Hendersonville,North Carolina 28792-5053
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO086070
Henderson County Utilities
Western Justice Academy WWTP
Case No. LV-2010-0019
Henderson County
Dear Mr. Freeman:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$167.00
($100.00 civil penalty+ $67.00 enforcement costs) against Henderson County Utilities.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Henderson County Utilities for the month of August 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086070. The violations which occurred in
August 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Henderson County Utilities violated
the terms, conditions or requirements of NPDES Permit NCO086070 and G.S. 143-215.l(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Henderson County Utilities:
ne
NorthCarolina
�irtur�llJ
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit IV,
$100.00 NC0086070, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD—Cone.
$100.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$167.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(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.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved,the following factors shall be

a:
whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing enviromnental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
- Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a
filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings
within seven(7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details
of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714

Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger . Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/Enforcement Files w/attachments
Mark Jones/ORC w/attachments
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JUSTIFICATION FOR REMISSION REQUEST
vVQ Case Number: LV-2010-0019 County: Henderson
Assessed Party: Henderson County Utilities/Justice Academy WWTP
Permit No.: NC0086070 Amount Assessed: $167.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRON
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
HENDERSON COUNTY UTILITIES/ )
EDNEYVILLE JUSTICE ACADEMY WWTP )
PERMIT NO. NCO086070 ) FILE NO. LV-2010-0019
Having been assessed civil penalties totaling$167.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 14, 2010,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Mr. George H. Schultz, Director of CIT
United World Mission
PO Box 250
Union Mills, NC 28167-0250
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0011
Permit No. NCO032174
United World Mission WWTP
Rutherford County
Dear Mr. Schultz:
A review of United World Mission's monitoring report for October 2009 showed the following
violations:
Parameter. Date Measuring Frequency Violation
Flow, thru treatment plant 10/01 to 10/31 Weekly Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem. There
were NOT any comments provided on the reverse of the relevant DMR to explain the violations, nor was
the facility status marked as non-compliant. It is requested that a response be submitted to the attention
of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
NOV-2010-MV-0011.01-14-10.doc NoLCarolina
,Nrzttrrallj
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www ncwaterguality.org FAX [phone]

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ANUMMEMM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Ms. Kally Dotson, Administrator
White Oak Manor
188 Oscar Justice Road
Rutherfordton, NC 28139 Subject: NOTICE OF VIOLATION
NOV-2010-MV-0010
Permit No. NCO030139
White Oak Manor WWTP
Rutherford County
Dear Ms. Dotson:
A review of White Oak Manor- Rutherfordton's monitoring report for September 2009 showed
the following violations:
Parameter Date Measuring Frequency Violation
Temperature 08-30 to 09-05 weekly failure to monitor
pH 08-30 to 09-05 weekly failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
violations, nor was the facility status marked as non-compliant.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
M. WQ Central Files
Asheville Files
NOV-2010-MV-0023.White Oak Manor.01-14-10.doc Northcarotina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Mr. G. Frederic Tingle
Royal Oaks Inc.
200 Golfwatch Road
Canton, NC 28716 Subject: NOTICE OF VIOLATION
NOV-2010-LV-0030
Permit No. NCO040355
Springdale Country Club WWTP
Haywood County
Dear Mr. Tingle:
A review of Springdale Country Club WWTP's monitoring report for October 2009 showed the
following violations:
Parameter Date Limit Reported Limit Type
Value Value
Biochemical Oxygen Demand 10/21/09 45 mg/I 52.5 mg/I Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem..Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional
information concerning the violations or comments which you wish to present, please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
Roger C. dwards, Regional Supervisor
Surface Water Protection Section
Enclosure
Cc: WQ Central Files
Asheville Files
NorthCarolina
NOV-2010-LV-0030.Springdale Country Club.01-14-10.doc X011rallf
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]
q�.

WA
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Mr. Bob B Leatherwood
Silver Bluff Village
100 Silver Bluff Drive
Canton, NC 28716
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0029
Permit No. NCO033600
Pigeon Valley WWTP
Haywood County
Dear Mr. Leatherwood:
A review of Pigeon Valley Rest Home's monitoring report for October 2009 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
Total Suspended Solids 10/28/09 45 mg/I 53 mg/I Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional
information concerning the violations or comments which you wish to present, please submit them to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
f
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
NorthCarolina
NOV-2010-LV-0029.Silver Bluff.01-14-10.doc Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]
CSC.

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Ms. Marlene L. Able
Midway Medical Center
PO Box 1409
Canton. NC 28716 Subject: NOTICE OF VIOLATION
NOV-2010-LV-0031
Permit No. NCO022454
Midway Medical Center WWTP
Haywood County
Dear Ms. Able:
A review of Midway Medical Center-Canton's monitoring report for October 2009 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
Fecal Coliform 10/01/09 400 #/100ml 600 #/100ml Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional
information concerning the violations or comments which you wish to present, please submitthem to the
attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
I�U Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
'NOV-2010-LV-0031.Midway Medical.01-14-10.doc NorthCarolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwate[guality.om FAX [phone]

S: �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Ms. Deborah Harrell
Days Inn of Candler, Inc.
2200 Northlake Parkway; Suite 277;
Tucker, GA 30084
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0012
Permit No. NCO025933
Days Inn West WWTP
Buncombe County
Dear Ms. Harrell:
A review of Days Inn West WWTP's monitoring report for October 2009 showed the following
violations:
Parameter Date Measuring Frequency Violation
Temperature 9/27 to 10/3 weekly failure to monitor
pH 9/27 to 10/3 weekly failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
subject violations. It is requested that a response be submitted to the attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
i'
Roger C. Edvyards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
NOV-2010-MV-0012.01-14-10.doc NorthCarolina
Natarally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
- Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 14, 2010
Mr. James E. Jones
PO Box 2001
Mars Hill, NC 28754
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0014
Permit No. NCO082716
English Wolf Inn WWTP
Madison County
Dear Mr. Jones:
A review of English Wolf Inn WWTP's monitoring report for June 2009 showed the following
violations:
Parameter Date Measuring Frequency Violation
Total Residual Chlorine 5/31 to 6/6 Twice weekly Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
subject violations, nor was it marked noncompliant.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
NorthCarolina
NOV-2010-MV-0014.01-14-10.doc Nwvraily
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748 f
/V--_

ids
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 14, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8496
Mr. Carl Daniel
Utilities Inc.
PO Box 240908
Charlotte,NC 28224-0908
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO076431
Utilities Inc.
Wolf Laurel WWTP
Case No. LV-2010-0023
Madison County
Dear Mr. Daniel:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $320.00
($250.00 civil penalty+ $70.00 enforcement costs) against Utilities Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Utilities Inc. for the month of July 2009. This review has shown
the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in
NPDES Permit NCO076431. The violations which occurred in July 2009 are summarized in Attachment
A to this letter.
Based upon the above facts, I conclude as a matter of law that Utilities Inc. violated the terms, conditions
or requirements of NPDES Permit NCO076431 and G.S. 143-215.1(a)(6) in the manner and extent shown
in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil
penalty may be assessed against any person who violates the terms, conditions or requirements of a permit
required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the
Asheville Region,hereby make the following civil penalty assessment against Utilities Inc.:
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
NOrtllCarOhlla
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]FAX:[phone]Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterguality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Pern._
$250.00 NC0076431, by discharging waste water into the waters of the State
violation of the Permit Monthly Average limit forAmmonia Nitrogen.
$250.00 TOTAL CIVIL PENALTY
$70.00 Enforcement Costs
$320.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I(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 noncompliance;
(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.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such y-e ues
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement
that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the
address listed below. In determining whether a remission request will be approved, the following
factors shall be considered: _

Tether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was
wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please
be advised that the Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
- 1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may
be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed
original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for
the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]

One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you should have any questions, please contact Wanda Frazier of the
Asheville Regional Office Water Quality staff at 828-296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
Enforcement File w/attachments
Central Files w/attachments

JRTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
l Y OF MADISON
.N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
UTILITIES INC. )
WOLF LAUREL WWTP )
PERMIT NO. NCO076431 ) FILE NO. LV-2010-0023
Having been assessed civil penalties totaling $320.00 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated, January 15, 2010, the undersigned, desiring to seek
remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned
further understands that all evidence presented in support of remission of this civil penalty must be
submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from
the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

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CATION FOR REMISSION REQUEST
�Q Case Number: LV-2010-0023 County: Madison
Assessed Party: Utilities Inc.
Permit No.: NCO076431 Amount Assessed: $320.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to
request remission of this civil penalty. You should attach any documents that you believe support your
request and are necessary for the Director to consider in evaluating your request for remission. Please be
aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors applies.
Please check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages as
needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

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... _
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A'
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 15, 2010
Honorable Danny McIntosh, Mayor
Town of Burnsville
Post Office Box 97
Burnsville,North Carolina 28714
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0045
Permit No. WQCS00143
Sanitary Sewer Overflow
Town of Burnsville
Yancey County
Dear Mayor McIntosh:
A review has been conducted of the Town of Burnsville's self reported Sanitary Sewer Overflows
(SSO's) 5-Day Report/s submitted by Tom Storie, Burnsville Public Works ORC. This review
has shown the subject facility to be in violation of the requirements found in Collection System
Permit WQCS001.43 and/or G.S. 143-215.1(a)(1). The violation that occurred is summarized
below.
Area Violation Date Description Violation
Type
CSO/SSO 1.2/08/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 12,000 gallons Without Valid
Permit
Remedial actions should be taken to correct this problem, including the addition of"Air Release
Valves" to the existing line. The Division of Water Quality may pursue enforcement action for
this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Mr.
Don Price at(828)296-4500.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 �gturall�
Internet:www.ncwaterguality.orq

Please note that due to the continued high numbers of SSO's in North Carolina the Division hu.
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact your Regional Office Staff or
Mr. lion Price at(828)296-4500.
Sincerely, _
LA
Roger�C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
Tom Storie,Public Works ORC—Town of Burnsville
SASWP\Yancey\Collection Systems\Burnsville Collection System\NOV 2010 DV 0045 doc
\i

A4*A
_7
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 15, 2010
Mr. Larry Callicutt, Town Manager
Town of Bryson City
Post Office Box 726
Bryson City,North Carolina 28713
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0046
Permit No. WQCSO0170
Sanitary Sewer Overflow
Town of Bryson City
Swain County
Dear Mr. Callicutt:
A review has been conducted of the Town of Bryson City's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report/s submitted by'Tom. Shook, Bryson.City Public Works
Supervisor. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit WQCS00170 and/or G.S. 143-215.1(a)(1). The violation that
occurred is summarized below.
Area Violation Date Description Violation
Type
CSO/SSO 1.2/09/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 5,000 gallons Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Mr.
Don Price at(828)296-4500.
C\ RFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 aa�u�,g//�
Internet:www.ncwatergualitV.org �/Y [`

Please note that due to the continued high numbers of SSO's in North Carolina the Dive,
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, ai,.
1, 2007 the Division of Water Quality will contact collection system operators to inform them
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills,the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact your Regional Office Staff or
Mr. Don Price at [phone].
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
Tom Shook,Public Works Supervisor—Town of Bryson City
SASWP\Swain\Collection Systems\Bryson City Collection Systetn\NOV 2010 DV 0046.doc

•±'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
January 15, 2010
Jackson County
DWQ Project 20081777V.2
TIP No.B-4163
NCSR 1437(Hospital Road)
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Greg Thorpe,Ph.D
Environmental Management Director,PDEA
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh,North Carolina, 27699-1548
Dear Dr. Thorpe:
7)u have our approval, in accordance with the conditions listed below,for the following impacts to two(2)unnamed
�butaries to Scotts Creek and Scotts Creek for the purpose of constructing a new bridge over Scotts Creek on NCSR
1437 (Hospital Road) in Jackson County:
Stream Im acts in the Little Tennessee River Basin
Site Permanent Streambank Permanent Temporary Total Stream
Fill in Stabilization Fill in Impacts in Stream Impacts
Intermittent in Perennial Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear Mitigation
ft) (linear ft linear ft linear ft ft linear ft
Original approved 0 105 0 77 182 0
impacts at Sta. 17+52
to Sta. 18+05
Change in impacts at 0 105 0 55 160 0
Sta. 17+52 to Sta.
18+05 with this
approval
Station 11+44 59 0 0 0 59 0
Station 17+09 51 0 0 0 51 0
Total 110 105 0 55 270 0
Total Stream Permanent Impact for Project: 215 linear feet. Temporary Impacts for Project: 55 linear feet.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarollna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 a���u'/N�/"/�
Internet: www.ncwaterquality.org N�/
An Equal Opportunity 1 Affirmative Action Employer

Dr. Greg Thorpe,Ph.D
January 15,2010
Page Two
The project should be constructed in accordance with your application dated December 21, 2009 (received January 6,
2010), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification Nos. 3701 and 3688,corresponding to
the U.S. Army Corps of Engineers Nationwide Permit Numbers 23 and 33. In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control,Non-Discharge and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s) of Certification:
1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
L.-
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. The permittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124 (a)-(e)] in areas draining to
trout waters. However, due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124 (a)
regarding the maximum amount of uncovered acres. Temporary cover(wheat,millet,or similar annual grain)or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas, and should be secured in place with staples and wherever possible, include live
stakes of native trees.

norpe. Ph.D
15, 2010
;a Three
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of
permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose
based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or Straw
mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent
herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro
mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of
temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into
surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from tope of stream bank.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High
Quality Waters (HQW), or Water Supply I or II(WS-I or WS-II)stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior
to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
6. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning
season of October 15 through April 15 to protect the egg and fry stages of trout.
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities Manual, such as sandbags,rock berms,
cofferdams and other diversion structures, shall be used to prevent excavation in flowing water.
The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
9. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This
water shall be captured,treated and disposed of properly.
11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically,jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ first.
12. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
13. All bridge construction shall be performed form the existing bridge,temporary work bridges,temporary causeways or
floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
14. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
15. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
16. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
17. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
rom the banks rather than in the stream channels in order to minimize
J. Heavy equipment shall be operated f
sedimentation and reduce the introduction of other pollutants into the stream.
19. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants,hydraulic fluids,or other toxic materials.

Dr. Greg Thorpe, Ph.D
January 15,2010
Page Four
20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
21.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
22. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
23. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
24. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
26. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
27. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
28. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d)of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
29. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
30. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
31. Upon completion of the project,the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh,North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center,Raleigh,N.C. 27699-6714. If modifications are made to an original Certification,you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.

pe, Ph.D
2010
✓e
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr.Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins,Director
Division of Water Quality
cc: David Baker,USACE,Asheville Field Office
Joel Setzer,Division 14 Engineer
Mark Davis, Division 14 DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
081777V.2(Thorpe)Bridge No. 123 NCSR 1437

IN UM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 15, 2010
Mr. Larry Lehning
Adams Apple Homeowners Association Inc.
1208 Kelty Court
Cary, North Carolina 27511
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0015
Permit No. NCO042358
Adams Apple Condominiums WWTP
Avery County
Dear Mr. Lehning:
A review of Adams Apple Condominiums WWTP's monitoring report for October 2009 showed the
following violation:
Parameter Date Measuring Violation
Frequency
Flow, Continuous 10/31/09 Continuous Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant"with an explanation of the reason for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to
this office within 10 (ten) working days of receipt of this letter. You should address the causes of non-
compliance and all actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-
4500.
Sincerely,
s
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ORC
NorthfCarollina
1 3,U_iaP%Je._E..WA,_ {t:�W NaLurQLly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
1 Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

,. •+'
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 15, 2010
David Jennings
PO Box 176
Banner Elk,NC 28604
Subject: Request for More Information
401 Water Quality Certification
Berry Road
DWQ Project#09-0713v2
Avery County
Response deadline: February 22, 2010
Dear Mr. Jennings:
-the Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Project Purpose: The stated purpose for the project is to relocate a stream to its original channel
and to alleviate erosion of road bank. Please respond stating the overall purpose of the project.
a. Please send photos of the eroding road banks you would like to alleviate from erosion.
However keep in mind,the owner of the road is responsible for dealing with eroding banks
to avoid losing their road. The eroding banks may need to be addressed by the Department
of Transportation if the structural integrity of the road is being compromised.
b. Regardless, if you wish to relocate the stream to its original channel to alleviate the erosion,
a culvert is not needed. Stream restoration or bank stabilization is not achieved by piping
the stream. Recreating the stream back to its original channel with natural methods is the
recommended means to address this purpose. Application under a more appropriate
Nationwide Permit would be needed along with proper submittal of natural stream channel
design plans.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NO.rthCarolina
Internet:www.ncwaterquality.org
;Vatumlly
An Equal Opportunity 1 Affirmative Action Employer

David Jennings-Berry Road
January 15,2010
Page 2 of
2. Stream classification: The Unnamed Tributary to Watauga River carries the classifications
Trout(Tr), and High Quality Water(HQW).
a. A stream classified Trout has a 25-foot buffer zone requirement. Approximately 200 feet of
culvert has already been installed in the proposed relocation area and the land has been
disturbed in the vicinity of the current stream location. The protected 25-foot buffer has
been disturbed. You are requesting to permanently impact more than the Sedimentation
Control Commission Rule 15A NCAC 04B .0125 BUFFER ZONE REQUIREMENTS
allows. You will need to contact the Division of Land Resources, Gray Hauser at 919-733-
4574 to determine how your project can achieve compliance with the buffer zone
requirement. Please respond to the Division of Water Quality regarding compliance with
the Trout Buffer requirements.
b. A stream classified High Quality Water requires a Stormwater Management Permit. The
culvert you installed has a riser pipe attached indicating a potential stormwater conveyance
system. What are the land use plans for the 1.42 acres of land? Please refer to North
Carolina Administrative Code 15A NCAC 02H.1006 Stormwater Requirements: High
Quality Waters. Development on this land will require a Stormwater Management Plan
approved by the Division of Water Quality.
3. Avoidance and Minimization: It is unclear how the installation of native stone and planting of
ground cover as stated in your application(D. Impact Justification and Mitigation 1. Avoidance
and Minimization La)will avoid or minimize the impacts proposed. Please clarify to the
Division of Water Quality the avoidance and minimization of the impacts.
Please provide your response in writing to the addresses below prior to February 22, 2010. Four copies of the
required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Linda Wiggs
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778

.Ao not hear from you by the deadline, we will assume that you no longer want to pursue this project and
will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Tasha McCormick-US Army Corps of Engineers Asheville Field Office
Ron Linville-North Carolina Wildlife Resources Commission
Avery County Planning
Gray Hauser-DLR-Raleigh
Cyndi Karoly-401 Permitting Unit
ARO File copy
John Coxey-53 Fox Chase,Asheville NC 28804
S:\S WP\Avery\401 s\Non-DOT\BerryRd-Jennings\AddInfo401 BerryRdJennings0l-l0.doc

�\
1,� �j
__.._

MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 15, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8489
Ms. Marisue Hilliard, Supervisor
USDA US Forest Service
PO Box 2750
Asheville,NC 28802
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO020478
USDA US Forest Service
Lake Powhatan Recreation Area
Case No. LV-2010-0021
Buncombe County
Dear Ms. Hilliard:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $520.00
($450.00 civil penalty+ $70.00 enforcement costs) against USDA US Forest Service.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by USDA US Forest Service for the month of May 2009. This
review has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0020478. The violations which occurred in May 2009 are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that USDA US Forest Service violated the
terms, conditions or requirements of NPDES Permit NCO020478 and G.S. 143-215.1(a)(6) in the manner
and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or
requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the
-,Asheville Region,hereby make the following civil penalty assessment against USDA US Forest Service:
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NOrthCarOl121a
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NIAMIlI f
Internet:www.ncwaterguality.org
el

2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES I-,
$200.00 NC0020478, by discharging waste water into the waters of the State in vb
of the Permit Daily Maximum limit for Total Suspended Sol_.
Concentration.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0020478, by discharging waste water into the waters of the State in violation
of the Permit Monthly Average limit forTotal Suspended Solids
Concentration.
$450.00 TOTAL CIVIL PENALTY
$70.00 Enforcement Costs
$520.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(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.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Please submit payment to the attention of-
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement
that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the

a below. In determining whether a remission request will be approved, the following
.all be considered:
whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please
be advised that the Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
1n order to request remission, you must complete and submit the enclosed "Request for Remission of
- Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and
one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may
be faxed - provided the original and one copy of the document is received in the Office of Administrative
Hearings within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you have any questions, please contact Wanda Frazier, of the Asheville Regional Office Water
Quality staff, at.828-296-4662.
Sincerely,
Roger C. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
Enforcement File w/attachments
Central Files w/attachments

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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0021 County: Buncombe
Assessed Party: USDA US Forest Service
Permit No.: NC0020478 Amount Assessed: $520.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to
request remission of this civil penalty. You should attach any documents that you believe support your
request and are necessary for the Director to consider in evaluating your request for remission. Please be
aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors applies.
Please check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages as
needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

<.TH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
OF BUNCOMBE
THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
USDA US FOREST SERVICE )
PERMIT NO. NCO020478 ) FILE NO. LV-2010-0021
Having been assessed civil penalties totaling $520.00 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated January 15, 2010, the undersigned, desiring to seek
remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned
further understands that all evidence presented in support of remission of this civil penalty must be
submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from
the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 15, 2010
Mr. Charles R. Summey
Town of Forest City
PO Box 728
Forest City NC 28043-0728
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0044
Permit No. NCO025984
WWTP Bypass
Town of Forest City
Rutherford County
Dear Mr. Summey:
A review has been conducted of the Town of Forest City's self reported WWTP Bypass written
5-Day Report submitted by Jeff Dotson, Forest City's WWTP ORC. This review has shown the
subject facility to be in violation of the requirements found in NPDES Permit NCO025984 and/or
G.S. 143-215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation
Type
CSO/SSO/Bypass 12/25/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 5,000 gallons Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions, please do not hesitate to contact Mr.
Don Price at(828)296-4500.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 NaorthCaro/l/ina
Internet:www.ncwaterguality.org v ►atura"�

Page 2
Chuck Summey, Town Manager
Town of Forest City
Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact your Regional Office Staff or
Mr. Don Price at(828)296-4500.
Sincerely, U7,
Yrti.4 C . . � f,c2 .C�✓
RogX. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality _
Asheville Regional Office
Cc: Central Files
PERCS
Jeff Dotson, W WTP ORC—Town of Forest City
S:\SWP\Rutherford\Wastewater\Municipal\Forest City WWTP 25984\NOV 2010 DV 0044.doc

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 15,2010
Mr. Lee Smith, Utilities Director
City of Hendersonville
Post Office Box 1670
Hendersonville,North Carolina 28793-1670
Subject: NOTICE OF VIOLATION
NOV-2010-DV-0043
Permit No. WQCS00070
Sanitary Sewer Overflow
City of Hendersonville
Henderson County
Dear Mr. Smith:
A review has been conducted of the City of Hendersonville`s self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report/s submitted by I' m Sexton, City of Hendersonville Collection
System Supervisor. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit WQCS00070 and/or G.S. 143-215.1(a)(1). The
violation that occurred is summarized below.
Area Violation Date Description Violation
Type
CSO/SSO 12/02/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 1,260 gallons Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality may
pursue enforcement action for this and any additional violations of State law.
You should address the causes of noncompliance and all actions taken to prevent the recurrence
of similar situations. If you should have any questions,please do not hesitate to contact Mr.
Don Price at(828)296-4500.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 No2rthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 /
Internet:www.ncwaterguality.org )Vaturallrf

Page 2,
Lee Smith,Utilities Director
City of Hendersonville
Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation (NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact your Regional Office Staff or
Mr. Don Price at(828)296-4500.
Sincerely,
tJ1 1. I—j_CV'Z'c
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
Tim Sexton,Collection System Supervisor—City of Hendersonville
S:\SWP\Henderson\C.ollectionSysteins\HendersonvilleCS\NOV 2010 DV 0043.doc

A4
il�
CDER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 15, 2010
Mr. Cecil T. Gurganus, Manager, Hydro Operations
Progress Energy
179 Tillery Dam Road
Mt. Gilead,NC 27306
Subject: Activities Deemed Certified
Walters Hydroelectric Plant Repair/Maintenance
DWQ Project# 09-1308, Haywood County
FRB05 /Pigeon River(Waterville Lake)/ 5-(7)/ C
Dear Mr. Gurganus:
The Division of Water Quality(Division) has completed the review of the 401 Water Quality Certification
application associated with the project listed above.
has been determined that the subject project does not require written concurrence from the Division and is
deemed certified, if the conditions required by Water Quality Certification No. 3687 are followed(attached). In
addition, Progress Energy should obtain or otherwise comply with any other required federal, state or local
permits before proceeding with the project, including(but not limited to) Erosion and Sediment Control
regulations.
This letter completes the review of your application by the Division under Section 401 of the Clean Water Act.
If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office at 828-296-4665.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
CHS/saw
w/attachment
cc: Lori Beckwith, USACE Asheville Regulatory Field Office
Shannon Langley, 410 S. Wilmington St., Raleigh,NC 27601
Wildlife Resources Commission—David McHenry
401 Permitting Unit—Central Office
ARO File Copy
S:\SWP\Haywood\401s\Non-DOT\Walters Hydro Plant-Progress\DMD.401 Walter Hydo Repair 01-15-2010.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCarolina
Internet:www.newaterquality.org Nati,` "{�ya//a f
An Equal Opportunity\Affirmative Action Employer K

A'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
iverly Eaves Perdue Coleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 19, 2010
Mr. Seth Hendler-Voss
City of Asheville—Parks, Recreation, and Cultural Arts
70 Court Plaza
Asheville,NC 28801
.Subject: 401 Water Quality Certification -Approval
French Broad River Greenway Extension—Bank Stabilization
Tony Wilson Property
DWQ Project# 09-1164
Buncombe County
FRB02/French Broad River/6-(54.5)/B
Tear Mr. Hendler-Voss:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
3sociated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 60 feet of stream for the purpose of bank
stabilization at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 60 (feet) Application/drawing
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NOrt1lCaPollna
Internet:www.ncwaterquality.org
Natulralllf
An Equal Opportunity 1 Affirmative Action Employer

Mr.Hendler-Voss
January 19,2010
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in, .
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office
at 828-296-4500.
Sincerely,
Coleen H. Sullins, Director
CHS/saw
Enc: GC3689
Certificate of Completion
cc: Tasha McCormick, USACE Asheville Regulatory Field Office
401 Permitting Unit Central Office
Tony Wilson, 225 Amboy Road, Asheville,NC 28806
File Copy
S:\SWP\Buncombe\401s\Non-DOT\Asheville-Tony Wilson prop streambank stabilization\APRVL.401 FRB Greenway-Wilson Prop.01-19-10.doc

WAA
A
;
JFA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
everly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 19, 2010
Mr. Jon Wise, Project Director
Duke Energy Corporation
526 South Church St.
Charlotte,NC 28202
Subject: Bridgewater Hydroelectric Facility
Linville River/UT Catawba River(below Linville Dam) Cooling Water
Reference NPDES No. NCG500102
Burke County
Dear Mr. Wise:
fhe Division of Water Quality (Division)has received your request to reduce the daily temperature monitoring,
cpecifled in the Division's letter dated November 16, 2009,to weekly. Duke Energy is currently using a portion
f Linville River(discharge below Linville dam) to provide cooling water for the new powerhouse construction,
as needed. This portion of Linville River is classified as WS-IV, Trout, as it takes on the classification of the
downstream water body, the Catawba River.
Duke Energy has consistently complied with the temperature standard for classified Trout waters, specified by
15A NCAC 2B .0211(3)0), as demonstrated by the data submitted to the Asheville Regional Office. The
Division concurs with Duke Energy's request and will allow Duke to reduce the monitoring to weekly(and
report to this office monthly).
If at any time during this short term project Duke Energy is noncompliant with the temperature requirement, or
if aquatic life is adversely affected,the discharge of the noncontact cooling water shall cease until corrective
measures are taken.
Should you have further questions or comments,please contact Susan A. Wilson at(828) 296—4500.
Sincerely,
RogC. Edwards, Regional Supervisor
Surface Water Protection
/,_-1,;sheville Regional Office
cc: Central Files
ARO File copy
S:\SWP\Burke\Wastewater\General\Non-contact NCG50\Bridgewater Power house Duke cooling water approval-mod 1 2010.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748
Internet:www.ncwaterquality.orgN�orthCarolin.a
An Equal Opportunity\Affirmative Action Employer /Vaturallff

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 19, 2010
Jacqueline Dewar
Frances Warde Health Service Board
9526 Rosman Hwy
Rosman NC 28772
SUBJECT: Compliance Evaluation Inspection
Frances Warde Health Service
Permit No: NCG550660
Transylvania County
Dear Ms. Dewar:
Enclosed please find a copy of the Compliance Evaluation Inspection Report for
the inspection conducted on December 17, 2009. The facility was found to be in
Compliance with permit NCG550660.
Please refer to the enclosed inspection report for additional observations and
comments. Your assistance during the inspection was greatly appreciated. If you have
any questions, please do not hesitate to call me at 828-296-4500.
Sincerely,
8Keithayne
Environmental Sr. Specialist
-� Enclosure
cc: Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\Frances Warde\CEI12-17-09.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Naturally www.ncwaterauality.oM �g�u�,R�l

/_.._
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\ J/i

United States Environmental Protection Agency Form Approved.
—PA Washington,D.C.20460
OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 11 N' 2 L 5) 31 NCG550660 ( 11 121 09/12/17 117 18111 19I GI 20U
�. Remarks 1 J
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------
67 I 169 70 UI 71 UI 72 I I 73' IW'74 751 I I I I I I 180
Section B: Facility Data �—
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Frances Warde Health Service WWTP 11:30 AM 09/12/17 07/08/22
9526 Rosman Hwy Exit Time/Date Permit Expiration Date
Rosman NC 28772 11:55 AM 09/12/17 12/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
_ Jacqueline Dewar,9526 Rosman Hwy Rosman NC Contacted
28772//828-884-7990/8289669609 No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■Operations&Maintenance 0 Facility Site Review
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Hayne ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
J
Roger C Edwards Y ARO WQ//828-296-4500/
d
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
i
Page# 1

Permit: NCG550660 Owner-Facility: Frances Warde Health Service WWTP
Inspection Date: 12/17/2009 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ 0
Is the facility as described in the permit? ■ ❑ n n
#Are there any special conditions for the permit? n n ■
Is access to the plant site restricted to the general public? n n ■ n
Is the inspector granted access to all areas for inspection? ■ n n n
Comment:
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n
11
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH, DO,Sludge ■ n n
Judge,and other that are applicable?
Comment: No problems were noted with the subsurface sand filter system. Don't
forget to have the septic tank pumped at least once every five years.
Page# 3

�4=7xh
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 20, 2010
Donna Stout
2 West Main St
Brevard NC 28712
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0038
Compliance Evaluation Inspection
Cedar Mountain Business Park
Permit No. NCG551275
Transylvania County
Dear Ms. Stout:
Enclosed please find a copy of the Inspection Report from the inspection conducted 2009-12-17. The
Compliance Evaluation Inspection was conducted by Keith Haynes of the Asheville Regional Office. The
treatment facility was found to be in violation of Permit NCG551275 for the following:
Inspection Area Compliance Issue
De-chlorination Unit There were no tablets in the unit. The cover on the dechlor unit does
not fit properly, thus allowing run-off from rain to enter the unit and
probably dissolving the tablets too quickly. This problem should be
corrected.
Please refer to the enclosed Inspection Report for any additional observation and comments.
To prevent further action, carefully review this violation and respond in writing to this office within fifteen (15)
working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to
prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to
contact Keith Haynes at 828/296-4500.
Sincerely,
i,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Attachment
cc: WQ Central Files w/attachment
ARO
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Internet:www.ncwaterauality.org S:\SWP\Transylvania\Wastewater\General\NCG55 SFR\SFR's NCG55\Cedar A Natural/y
13MEINOV2010pc0038.doc

United States Environmental Protection Agency Form Approved.
— n Washington,D.C.20460 OMB No.2040-0057
/`1 Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 NI 2 L1 31 NCG551275 Ill 121 09/12/17 117 181r1 19I.c1 20�
L- !!
Remarks LL _ J
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -------------—------------Reserved----------------------
67) 1 69 701 1 711U 72 L N I 73 L U 74 751 1 1 1 1 1 1 1 80
Section B: Facility Data �--
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
10:45 AM 09/12/17 07/08/01
Cedar Mountain Business Park
US Hwy 276 11559 Greenville Hwy Exit Time/Date Permit Expiration Date
Cedar Mountain NC 28718 11:05 AM 09/12/17 12/07/31
Name(s)of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Donna Stout,2 W Main St Brevard NC 28712//828-877-3530/ No
- Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Operations&Maintenance 0 Facility Site Review N Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/
- j 1q. Ib
Signature of Management�Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards` 1.c ARO WQ//828-296-4500/ 112
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
8I NCG551275 I11 12I 09/12/17 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Please note areas of concern in the report. The dechlor unit cover should be repaired and the unit then
adequately maintained.
Page# 2

Permit: NCG551275 Owner-Facility: Cedar Mountain Business Park
.action Date: 12/17/2009 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? 0 Q Q Q
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids,pH, DO,Sludge Q ❑ ■ ❑
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ Q 0 fl
Is the facility as described in the permit? N ❑ Q n
#Are there any special conditions for the permit? Q ❑ 0 Q
Is access to the plant site restricted to the general public? ❑ ■ Q
Is the inspector granted access to all areas for inspection? 0 ❑ 0 Q
Comment: Site is behind the buildings and is not fenced. Some of the distribution
lines need to be covered with gravel.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? Q ❑ ❑
Are the tablets the proper size and type? Q ❑ ❑
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ❑ ❑ Q N
Is the contact chamber free of growth,or sludge buildup? ❑ 0 0 El
Is there chlorine residual prior to de-chlorination? ■ 1=1 ❑ 0
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ ■ I1
Is storage appropriate for cylinders? ❑ ❑ N
#Is de-chlorination substance stored away from chlorine containers? O 00
Comment:
Are the tablets the proper size and type? Q ❑ ❑ m
Are tablet de-chlorinators operational? ❑ 0 Q
Number of tubes in use? 0
Page# 3

Permit: NGG551275 Owner-Facility: Cedar Mountain Business Park
Inspection Date: 12/17/2009 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
Comment: There were no tablets in the unit. The cover on the dechlor unit does not fit
properly, thus allowing run-off from rain to enter the unit and probably dissolving the
tablets too quickly. This problem should be corrected.
Page# 4

���s'
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 20, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8465
Mr.. Ron I_.ewis, County Manager
Burke County
Post Office Box.21.9
Morganton,N.C. 28680-0219
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2009-DV-0351 and NOV-2010-DV-0048
Permit No. WQCS00324
County of Burke
Burke County Collection System
Burke County
Dear Mr. Lewis:
A review has been conducted of Burke County Collection System's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report/s submitted by 13urke County Engineer, Mr. Carson Fisher.
This review has shown the subject facility to be in violation of the requirements found in
Collection System Permit WQCS00 324 and/or G.S. 143-215.1(a) (1). The violation/s that
occurred are summarized below:
Area Violation Date Description Violation
Type
CSO/SSO 12/02/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 20,000—25,000 gallons Without Valid
Permit
CSO/SSO 12/15/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) Without Valid
2,500 gallons Permit
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 N r �/►'rthf>C/ayrro/l/ina
Internet: www.ncwaterquality.org � aturaLLff
An Equal Opportunity 1 Affirmative Action Employer

Page 2
Jan. 20, 2010
Burke County Collection System
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation. You should address the causes of
noncompliance and all actions taken to prevent the recurrence of similar situations and respond
in writing to this office within 15 days of receipt of this letter. If you should have any
questions, please do not hesitate to contact Mr. Don Price at(828)296-4500.
Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact your Asheville Regional Office
Staff, or Mr. Don Price at(828)296-4500.
Sincerely,
m
r
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Ofi..ce
Cc: Central Files
PERCS
H. Carson Fisher,P.E.,Burke County Engineer
Sty i''.13uri cC�llece as titsfnas t3caEke C:oaiaah t'n3levirun Svst:cnlyOlr 2010 D\% 0048 .and N'f) 34Q9 DV 03.57.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 20, 2010
Cynthia Bellefeuil
Cedar Mountain Volunteer Fire & Rescue
PO Box 479
Us 276 S
Cedar Mountain NC 287180479
SUBJECT: Compliance Evaluation Inspection
Cedar Mountain Volunteer Fire &
Rescue Inc
Permit No: NCG551175
Transylvania County
Dear Ms. Bellefeuil:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
-' the inspection which I conducted on December 17, 2009. The facility was found to be in
Noncompliance with permit NCG551175, as the permit has expired. If you have not
already done so, please submit the attached renewal form.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to contact me at 828-296-
4500.
Sincerely,
Keith Hayn
Environmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
a.isAw`^aWt�"`\T a syIVa nia Liu>t-�!k'E.:ri'.t�„'�c:;"E..I a N'CG55 F C-Dd a r 8vft,VF w�:M`2 R i "
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 JR�uI�//�
Internet:www.ncwaterguality.org �/V

_ -
t i
__
__

United States Environmental Protection Agency Form Approved.
PA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 1
NI 2 U 5I 31 NCG551175 111 121 09/12/17 117 18LI 19's 20I
t� Remarks �J
21111111111111111111111111111111111111111111111H6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA ----------—---------------Reserved----------------------
67 I 169 701 I 711 I 72)N 73 L_U 74 751 III I I 1180
Section B: Facility Data ��----��
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
11:10 AM 09/12/17 02/08/01
Cedar Mountain Volunteer Fire & Rescue Inc
Corner US 276 cascade Rd Exit Time/Date Permit Expiration Date
Cedar Mountain NC 28718 11:25 AM 09/12/17 07/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Cynthia Bellefeuil,PO Box 479 Cedar Mountain NC Contacted
287180479//828-885-7297/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit E Operations&Maintenance 0 Facility Site Review 0 Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ARO WQ//828-296-4500/ l Y q ^O
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers D to
Roger C Edwards ccl' ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCG551175 I11 12I 09/12/17 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The facility was in good condition. The permit has expired and should be renewed as quickly as possible.
A renewal form is attached.
Page# 2

Permit: NCG551175 Owner-Facility: Cedar Mountain Volunteer Fire&Rescue Inc
,jection Date: 12/17/2009 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ n
Does the facility analyze process control parameters,for ex: MLSS,MCRT,Settleable Solids,pH, DO,Sludge ❑ Q ■ ❑
Judge,and other that are applicable?
Comment: The site was in good condition.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 ■ Q fl
Is the facility as described in the permit? 11 ❑ ■ 0
#Are there any special conditions for the permit? Cl ❑ ■
Is access to the plant site restricted to the general public? ■ Cl Q 11
Is the inspector granted access to all areas for inspection? ■ Q ❑ ❑
Comment: The permit is expired and should be renewed as soon as possible.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ Q fl ❑
Are the tablets the proper size and type? ■ Q n
Number of tubes in use?
Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■
Is the contact chamber free of growth,or sludge buildup? 0 0 0 ■
Is there chlorine residual prior to de-chlorination? ■ Q 00
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? 0 ❑ ❑ ■
Is storage appropriate for cylinders? ❑ Q ■ 0
#Is de-chlorination substance stored away from chlorine containers? ■
Comment:
Are the tablets the proper size and type? ■ Q El Q
Are tablet de-chlorinators operational? ■ 0 Q ❑
Number of tubes in use? 2
Comment:
Page# 3

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
-jeverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 20, 2010
Furman and Cathy Nicholson
314 Stanley Haven Lane
Hendersonville,NC 28739
Subject: 401 Water Quality Certification -Approval
Nicholson: Ag/Irrigation Pond
DWQ Project# 09-1151
Henderson County
FRB02/UT Crab Creek/6-38-23 /C; Tr; HQW
Dear Mr. and Ms.Nicholson:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 140 feet of streams for the purpose of
---'constructing a farm/irrigation pond at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows
you to use Nationwide Permit 18 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and trout buffer
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Stream 140 (feet) Parcel Map
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] t Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org
�aturall�
An Equal opportunity\Affirmative Action Emplover

Furman and Cathy Nicholson
January 20,2010
Page 2 of 2
Additional Conditions
1. Water Release Structure
The water release structure for this dam must be designed to allow mid-column release during normal
flow conditions. Also, low flow releases (7Q10 flow)to the downstream channel must be maintained
during low flow conditions.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts),you may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSlcbc
Enc: GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\Henderson\401s\Non-DOT\Nicholson\APRVL 1-19-10.doc

ALT-RXA
'"J a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.;verly Eaves Perdue Colleen H. Sullins
Dee Freeman
Governor Director
Secretary
January 20, 2010
Mr. Ben Goldstein, Manager
Versant Properties, LLC
11232 Oberlin Road
Raleigh,NC 27605
Subject: 401 Water Quality Certification -Approval
Versant Properties, LLC
DWQ Project# 06-1901-V3
Modification of Impacts
Buncombe County
FRB02/Beaverdam Creek/6-82/C
Dear Mr. Goldstein:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
-`ssociated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 144 feet of streams and 0.11 acres of
wetlands for the purpose of roadways and roadway improvements at the subject property. This approval
requires you to follow the conditions listed in the attached Certification and any additional conditions
listed below. This approval reduces the previously approved impacts of 273 feet of streams and 0.145 acres of
wetlands[ref. April 29, 2008 DWQ approval letter].
Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows
you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including(but not limited to) Buncombe County Erosion and.Sediment Control
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 one
NorthCarolina
Internet:www.ncwaterquality.org
;Vatllrallff
An Equal Opportunity 1 Affirmative Action Employer

Mr.Goldstein
January 20,2010
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Streams 144 (feet) application
Wetlands 0.11 (acres) Application—amendment
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office
at 828-296-4500.
Sincerely,
7
6 Z"
Coleen H. Sullins, Director
CHS/saw
Enc: GC3705
Certificate of Completion
cc: Lori Beckwith, USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Beth Bailey, OPDA, 1415 South Church Street, Suite 1, Charlotte,NC 28203
File Copy
G:\WPDATA\DEMWQ\Buncombe\401s\NonDOT\Versant 06-1901-V3 Approval 1 2010.doc

fija
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 20, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8472
Mr. Dan McCracken, Chairman Mr. Greg Finch, Project Mgr.
Junaluska Sanitary District AND Blythco Construction,LLC
Post Office Box 35 125 Lester Lane
Lake Junaluska,North Carolina 28745 Penrose,N.C. 28766
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0052 and NOV-2010-DV-0053
Permit No. VtWQCS00182
Junaluska Sanitary District
Wastewater Collection System
Haywood. County
Dear Mr. McCraken& Mr. Finch:
A review has been conducted of Junaluska Sanitary District's self reported Sanitary Sewer
Overflows (SSO's) 5-Day Report/s submitted by Charles Wright, Junaluska Sanitary District
Manager. This review has shown the subject facility to be in violation of the requirements found
in Collection System Permit WQCS001.82 and/or G.S. 143-215.1(a) (1). The violation/s that
occurred are summarized below:
Area Violation Date Description Violation
Type
CSO/SSO 12/09/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 10,418 gallons Without Valid
Permit
CSO/SSO 12/12/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 100,000 gallons Without Valid
Permit
One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NofthCarolina
�p,F'hone:828-296-45001 FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org atwral`y
An Equal Opportunity 1 Affirmative Action Employer

Page 2
Junaluska Sanitary District,NOV-NOI
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation. You should address the causes of
noncompliance and all actions taken to prevent the recurrence of similar situations and respond
in writing to this office within 15 days of receipt of this letter. If you should have any
questions, please do not hesitate to contact Mr. Don Price at(828)296-4500.
Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume,volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills,the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact your Asheville Regional Office
Staff, or Mr. Don Price at(828)296-4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
Charles Wright,Junaluska Sanitary District Manager
SASWMaywood\Collection Systems\Junaluska Sanitary District Collection Systen7\NOV 2010 DV 0052 and 0054 doc
i

A`o'�A'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 20, 2010
Mr. Steve Sheets, COO
Linville Ridge Country Club
Highway 105 South
Linville, North Carolina 28646
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0033
Permit No. NCO062413
Linville Ridge Country Club WWTP
Avery County
Dear Mr. Sheets:
A review of Linville Ridge Country Club WWTP's monitoring report for October 2009 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 10/05/09 400#/100ml 4,300#/100ml Daily Maximum
Broth,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of Janet
Cantwell
The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If
you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
,t
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ORC
one
S SV' Jt u LV fE t.i ''1P 7V691 R fj'gf,_,cLu 3 y(,Vu �24€� NorthCarolina
��ruraay
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org<M FAX [phone] 1-877-623-6748

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 20, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8441
Mr. R. Belvin Hall
Buncombe County Board of Education
175 Bingham Rd
Asheville,NC 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO061182
Buncombe County Board of Education
North Buncombe High School
Case No. LV-2010-0026
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $170.00
($100.00 civil penalty+ $70.00 enforcement costs) against Buncombe County Board of Education.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Board of Education for the month of August
2009. This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0061182. The violations which occurred in August
2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Board of Education
violated the terms, conditions or requirements of NPDES Permit NCO061182 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment.A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions
or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the
Asheville Region, hereby make the following civil penalty assessment against Buncombe County Board
of Education:
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE One
NOnC11CaTO11Tla
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 i
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �atl(t'Q�ll/
Internet:www.ncwaterguality.org r,.

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No .
$.00 NC0061182, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average limit for Total Suspended
Solids Concentration.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No,
$100.00 NC0061182, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for Total Suspended
Solids Concentration.
$100.00 TOTAL CIVIL PENALTY
$70.00 Enforcement Costs
$170.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(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.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement

"Lual or legal issues are in dispute. Please prepare a detailed statement that establishes why
Aeve the civil penalty should be remitted, and submit it to the Division of Water Quality at the
,.Less listed below. In determining whether a remission request will be approved, the following
,actors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please
be advised that the Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may
be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed
original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for
- the Office of Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you should have any questions, please contact Wanda Frazier of the
Asheville Regional Office Water Quality staff, at 828-296-4662.
Sincerely,
Roger C. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
Enforcement File w/attachments
Central Files w/attachments
S:/SWP/Buncombe/Wastewater/Minors/North Bunc High Sch 61182/LV-2010-0026.doc

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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0026 County: Buncombe', ,..
Assessed Party: Buncombe County Board of Education
Permit No.: NC0061182 Amount Assessed: $170.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to
request remission of this civil penalty. You should attach any documents that you believe support your
request and are necessary for the Director to consider in evaluating your request for remission. Please be
aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors applies.
Please check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages as
needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

.JRTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
fY OF BUNCOMBE
iN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY BOARD OF EDUCATION)
NORTH BUNCOMBE HIGH SCHOOL )
PERMIT NO.NCO061182 ) FILE NO. LV-2010-0026
Having been assessed civil penalties totaling $170.00 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated January 20, 2010, the undersigned, desiring to seek
remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned
further understands that all evidence presented in support of remission of this civil penalty must be
submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from
the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

DIVISION OF WATER QUALITY- CIVIL PENALTY ASSESSMENT (FILE)
.jr: Buncombe County Board of Education
anty: Buncombe
iase Number: LV-2010-0026
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors set out
in G.S. 143B-282.1(b),which are:
1) The degree and extent of harm to the natural resources of the State,to the public health, or to private
property resulting from the violation;
The facility's daily maximum and monthly average TSS values exceeded the permit limitations by 27% and
4.6%,respectively, in August 2009.
2) The duration and gravity of the violation;
High concentrations of TSS,which occurred on August 25th,were sufficiently high to cause the facility
to violate the daily maximum limitation of 45 mg/1 and monthly average limitation of 30 mg/1.
3) The effect on ground or surface water quantity or quality or on air quality;
Damage to the receiving stream was not quantified.
4) The cost of rectifying the damage;
The cost of rectifying the damage is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is the cost of operational adjustments and/or chemicals.
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful or intentional.
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
During the period 08-01-2008 through 07-31-2009,the facility had the following permit limit violations
and enforcement actions.
LV-2008-0428 For 1 daily maximum TSS & 1 monthly average TSS permit limitation violations.
LV-2009-0225 For 1 daily maximum Fecal Coliform, 1 daily maximum& 1 monthly average TSS ".
NOV-2009-MV-0037 For failure to monitor Dissolved Oxygen weekly.
NOV-2009-NW-0038 For failure to monitor Total Residual Chlorine twice weekly.
NOV-2009-NW-0104 For failure to monitor Dissolved Oxygen weekly
8) The cost to the State of the enforcement procedures.
$70.00
Date Roger C.Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office

A'
NCENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 21, 2010
Emory Owen
City of Brevard
199 Glazener Rd
Brevard NC 28712
SUBJECT: Compliance Evaluation Inspection
Brevard WWTP
Permit No: NCO060534
Transylvania County
Dear Mr. Owen:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection which I conducted at the facility on December 17, 2009. The facility was
found to be in Compliance with permit NC0060534.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to call me at 296-4500.
SincereI ,
: -
Keith Hay es
Environmental Sr. Specialist
Enclosure
cc: Central Files
Asheville Files
SURFACE WATER PROTECTION-ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NoTthCaTol/ina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 Naturally/`�
Internet:www.ncwaterguality.org

United States Environmental Protection Agency
Form Approved.
Washington,D.C.20460
CPA OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 'NI 2 ' SI 31 N00060534 111 121 09/12/17 117 181 CI 191 c1 20I—I
L— Remarks
21111 I 11111111 11111111 111111111111111111111III III6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved---------------------
67 169 701 I 71 I ' 72)N I 73�74 751 I I I I I I 180
Section B: Facility Data �—
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
01:00 PM 09/12/17 06/07/01
Brevard WWTP
3226 Wilson Rd Exit Time/Date Permit Expiration Date
Pisgah Forest NC 28768 02:00 PM 09/12/17 10/09/30
Name(s)of Onsite Representative(s)lTitles(s)/Phone and Fax Number(s) Other Facility Data
Emory Owen//828-883-8461 /
Emory Gaine Owen/ORC/828-883-8461/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Emory Gaine Owen,199 Glazener Rd Brevard NC 28712//828-883-8461/
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ®Flow Measurement ®Operations&Maintenance ®Records/Reports
Facility Site Review ®Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Keith Haynes ///O� ARO WQ//828-296-4500/ /y
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
y�t
Roger C Edwards (,, ' ARO WQ//828-296-4500/ ( ZCi/
t
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO060534 I11 12I 09/12/17 I17 18I _'
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The facilty was found to be in good operating condition and was well maintained.
Page# 2

Permit: NCO060534 Owner-Facility: Brevard WVVfP
.ispection Date: 12/17/2009 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? M 0 ❑ Q
Does the facility analyze process control parameters,for ex:MLSS, MCRT, Settleable Solids,pH, DO,Sludge N 0 0 Q
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? Q Cl ® Q
Is the facility as described in the permit? ® ❑ 0 E
#Are there any special conditions for the permit? (_I Q Q
Is access to the plant site restricted to the general public? ® 0 0 Q
Is the inspector granted access to all areas for inspection? ® Q Q Q
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual Q
- b.Mechanical
Are the bars adequately screening debris? ® Q 0 Q
Is the screen free of excessive debris? ® 0 Q D
Is disposal of screening in compliance? ® n Q Cl
Is the unit in good condition? ® Q ❑ 0
Comment: four microscreens are in use
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ® Q ❑
13
Is the site free of excessive buildup of solids in center well of circular clarifier? M 0 0
Are weirs level? 0 0 11 ❑
Is the site free of weir blockage? ® ❑ D
Is the site free of evidence of short-circuiting? ® 0 0
Is scum removal adequate? ® 0 ❑
Is the site free of excessive floating sludge? ® Q ❑ ❑
Is the drive unit operational? ® Q ❑ 0
Is the return rate acceptable(low turbulence)?
Page# 3

Permit: NC0060534 Owner-Facility: Brevard WWTP
Inspection Date: 12/17/2009 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑
Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ■ ❑ ❑ ❑
Comment: Weirs are cleaned weekly normally on Friday.
Rotating Biological Contactor Yes No NA NE
Is the unit free of excessive sloughing of growth? ■ o ❑ ❑
Is the unit operational? ■ ❑ ❑ ❑
Are media panels in good condition? ■ ❑ ❑ ❑
Comment: RBCs appeared to be working properly with the growth having an earthy
odor.
Disinfection-Liquid Yes No NA NE
Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑
(Sodium Hypochlorite)Is pump feed system operational? ■ n n n
Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ ❑ ❑ ❑
Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■
Is the contact chamber free of growth,or sludge buildup? ■ Cl ❑ ❑
Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ ■
Comment:
De-chlorination Yes No NA NE
Type of system? Liquid
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ ❑
Is storage appropriate for cylinders? ■ ❑ Cl ❑
#Is de-chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? ❑ Cl ■ ❑
Are tablet de-chlorinators operational? ❑ n ■ ❑
Number of tubes in use? 0
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ ❑ ❑ ❑
Is the generator tested by interrupting primary power source? ■ ❑ ❑ ❑
Page# 4

Permit: NC0060534 Owner-Facility: BrevardWWfP
Aspection Date: 12/17/2009 Inspection Type: Compliance Evaluation
Standby Power Yes No NA NE
Is the generator tested under load? M 0
Was generator tested&operational during the inspection? Q Q Cl
Do the generator(s)have adequate capacity to operate the entire wastewater site? 0 ❑ Q
Is there an emergency agreement with a fuel vendor for extended run on back-up power? Q ❑ 13
Is the generator fuel level monitored? Q Q Q
Comment:
Page# 5

,A
Al
s;
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 21, 2010
Jackson County
DWQ Project 20081777V.3
TIP No. B-4163
NCSR 1437 (Hospital Road)
Approval of 401 Water Quality Certification with Additional Conditions-Modification
Dr. Greg Thorpe, Ph.D
Environmental Management Director, PDEA
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh,North Carolina, 27699-1548
Dear Dr.Thorpe:
Please find below Water Quality Certification No. 20081777V.3. This Certification is being reissued because the US
Army Corps of Engineers decided to issue Regional General Permit No. 31 instead of Nationwide 23 for TIP Project No.
''4163. This Certification replaces Water Quality Certification No. 20081777V.2 issued on January 15, 2010,which is
.o longer valid.
You have our approval, in accordance with the conditions listed below, for the following impacts to two(2)unnamed
tributaries to Scotts Creek and Scotts Creek for the purpose of constructing a new bridge over Scotts Creek on NCSR
1437 (Hospital Road) in Jackson County:
Stream Im acts in the Little Tennessee River Basin
Site Permanent Streambank Permanent Temporary Total Stream
Fill in Stabilization Fill in Impacts in Stream Impacts
Intermittent in Perennial Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear Mitigation
ft) (linear ft) linear ft linear ft ft) (linear ft
Original approved 0 105 0 77 182 0
impacts at Sta. 17+52
to Sta. 18+05
Change in impacts at 0 105 0 55 160 0
Sta. 17+52 to Sta.
18+05 with this
approval
Station 11+44 59 0 0 0 59 0
Station 17+09 51 0 0 0 51 0
Total 110 105 0 55 270 0
Total Stream Permanent Impact for Project: 215 linear feet. Temporary Impacts for Project: 55 linear feet.
,JRFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �aturallt�
Internet: www,ncwaterquality.org
An Equal Opportunity!Affirmative Action Employer

Dr. Greg Thorpe, Ph.D
January 21, 2010
Page Two
The project should be constructed in accordance with your application dated December 21, 2009 (received January 6,
2010), including the environmental commitments made in the application letter. After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification Nos. 3704 and 3688, corresponding to
the U.S. Army Corps of Engineers Regional General Permit No. 31 and Nationwide Permit Number 33. In addition, you
should acquire any other federal, state or local permits before you proceed with your project including(but not limited to)
Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change,you must notify the DWQ and submit a new application. If the property is sold, the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the
future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s) of Certification:
1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. The pennittee shall use/Design Standards in Sensitive Watersheds/[15A NCAC 413.0124 (a)-(e)] in areas draining to
trout waters. However, due to the size of the project,NCDOT shall not be required to meet 15A NCAC 413.0124 (a)
regarding the maximum amount of uncovered acres. Temporary cover(wheat, millet, or similar annual grain)or
permanent herbaceous cover should be planted on all bare soil within 15 business days of ground disturbing activities,
to provide erosion control. Coir fiber matting should be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas, and should be secured in place with staples and wherever possible, include live
stakes of native trees.

i horpe. Ph.D
y 21, 2010
.ge Three
Straw mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within
riparian zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of
permanent herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose
based hydro mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the
establishment of temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or Straw
mulch and tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
zones. Coir fiber matting shall be used in conjunction with appropriate seeding for the establishment of permanent
herbaceous cover on disturbed soils within the riparian area. Hydro seeding along with wood or cellulose based hydro
mulch applied from a fertilizer and limestone free tank is allowable at the appropriate rate for the establishment of
temporary groundcover within riparian zones. Discharging hydroseed mixtures and wood or cellulose mulch into
surface waters is prohibited. Riparian areas are defined as a distance 25 feet landward from tope of stream bank.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High
Quality Waters (HQW), or Water Supply I or II(WS-I or WS-11) stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior
to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.
6. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout-spawning
season of October 15 through April 15 to protect the egg and fry stages of trout.
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams and other diversion structures, shall be used to prevent excavation in flowing water.
The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
y' contours and elevations. The impacted area shall be revegetated with appropriate native species.
9. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
10. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This
water shall be captured,treated and disposed of properly.
11. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ first.
12. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
13. All bridge construction shall be performed form the existing bridge, temporary work bridges, temporary causeways or
floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
14. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
15. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
16. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
17. The use of riprap above the Normal High Water Mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
-d. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
19. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.

Dr. Greg Thorpe, Ph.D
January 21, 2010
Page Four
20. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
22. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
23. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
24. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
25. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
26. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
27. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
28. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance,NCDWQ may reevaluate and modify this certification.
29. The issuance of this certification does.not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
30. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
31. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the.Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh,North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.

.Jrpe,Ph.D
Wit, 2010
rive
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: David Baker,USACE,Asheville Field Office
Joel Setzer, Division 14 Engineer
Mark Davis,Division 14 DEO
Ed Ingle,Roadside Environmental
Marla Chambers,NCWRC
Transportation Permitting Unit
Asheville Regional Office
081777V.3(Thorpe)Bridge No. 123 NCSR 1437

�•.
� A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 22, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8458
Mr. Chase Harper, Vice President
Nantahala Mountain Village Inc.
9400 Hwy 19 West
Bryson City,NC 28713
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO037737
Nantahala Mountain Village Inc.
Nantahala Village WWTP
- Case No. LV-2010-0025
Swain County
Dear Mr. Harper:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$320.00
($250.00 civil penalty+ $70.00 enforcement costs) against Nantahala Mountain Village Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Nantahala Mountain Village Inc. for the month of July 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NC0037737. The violations which occurred in July 2009 are
summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Nantahala Mountain Village Inc. violated
the terms, conditions or requirements of NPDES Permit NCO037737 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-
215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or
requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I, Roger C. Edwards,Division of Water Quality Regional Supervisor for the
Asheville Region,hereby make the following civil penalty assessment against Nantahala Mountain
Village Inc.;
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NOnrthCaT011Ila
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:[phone]FAX: [phone]\Customer Service: 1-877-623-6748 XAMIll//
y
Internet:www.ncwaterguality.org ldl Vl

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0037737, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average limit for Amonia Nitrogen
Concentration..
$250.00 TOTAL CIVIL PENALTY
$70.00 Enforcement Costs
$320.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(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 noncompliance;
(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.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty: -
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Please submit payment to the attention of.
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement
that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the
address listed below. In determining whether a remission request will be approved,the following
factors shall be considered:

nether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b)was
wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please
be advised that the Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within
thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the
following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may
be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed
original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for
the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]

One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you should have any questions,please contact Wanda Frazier of the
Asheville Regional Office Water Quality staff,at 828-296-4662.
Sincerely,
x
Roger C. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
Enforcement File w/attachments
Central Files w/attachments
S:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 37737\LV-2010-0025.01-22-10.doc

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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2010-0025 County: Sw
Assessed Party: Nantahala Mountain Village Inc
Permit No.: NC0037737 Amount Assessed: $320.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) - payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
_)NTY OF SWAIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
NANTAHALA MOUNTAIN VILLAGE INC. )
PERMIT NO.NCO037737 ) FILE NO. LV-2010-0025
Having been assessed civil penalties totaling $320.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 22, 2010,the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty(30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after(30) days from the receipt of the notice of assessment.
This the day of 520
SIGNATURE
ADDRESS
TELEPHONE

IT;�
......,.•iip,A
``��
DEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 22, 2010
Ms. Marisue Hilliard
USDA Forest Service
160 Zillicoa Street; Suite A
Asheville, NC 28801-1082 Subject: NOTICE OF VIOLATION
NOV-2010-MV-0017
Permit No. NCO020478
Lake Powhatan Recreation Area WWTP
Buncombe County
Dear Ms. Hilliard:
A review of Lake Powhatan Recreation Area's monitoring report for October 2009 showed the
following violations:
Parameter Date Measuring Frequency Violation
Flow 9/27 to 10/3 Weekly Failure to monitor
Temperature 9/27 to 10/3 Weekly Failure to monitor
pH 9/27 to 10/3 Weekly Failure to monitor
Total Residual Chlorine 9/27 to 10/3 Twice Weekly Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem. There
were NOT any comments provided on the reverse of the relevant DMR to explain the violations, nor
was the facility status marked as non-compliant. It is requested that a response be submitted to the
attention of Wanda Frazier of the Asheville Regional Office (at the address below).
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
eez
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
NorthCarolina
S:\SWP\Buncombe\Wastewater\Minors\Lake Powhattan 20478\NOV-2010-MV-0017.01-22-10.doc ,Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org t.r,, FAX [phone]

NC EN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 22, 2010
Mr. Aaron Hamlin
Wedgefield Acres Mobile Home Park
558 Pond Road
Asheville, NC 28806 Subject: NOTICE OF VIOLATION
NOV-2010-LM-0002
Permit No. NCO062634
Wedgefield AcresMHP WWTP
Buncombe County
Dear Mr. Hamlin:
A review of Wedgefield Acres MHP WWTP's monitoring report for October 2009 showed the
following violations:
Parameter Date Limit Reported Value Limit Type
Total Suspended Solids 10/14/09 45 mg/I 47.1 mg/1 Daily Maximum Exceeded
Parameter Date Measuring Frequency Violation
Flow 10/1 to 10/31 Continuous Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem.
Since the comments section on the reverse of the relevant DMR provided an adequate
explanation for the subject violation, it is not requested that a response be submitted: however, should
you have additional information concerning the violations or comments which you wish to present, please
submit them to the attention of Wanda Frazier of the Asheville Regional Office (at the address below).
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Enclosure Surface Water Protection Section
cc: WQ Central Files
Asheville Files
S:\SWP\Buncombe\Wastewater\Minors\Wedgefield Acres MHP 62634\NOV-2010-LM-0002.01-22-10.doc NorthCarolina
�atzrr�t!!�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org <K FAX [phone]

AiA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 22, 2010
Mr. George Shook, Jr
Wildcat Cliffs Country Club
770 Country Club Drive
Highlands, NC 28741
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0044
Permit No. NCO075612
Wildcat Cliffs Country Club WWTP
Macon County
Dear Mr. Shook:
A review of Wildcat Cliffs Country Club WWTP's monitoring report for October 2009 showed
the following violations:
Parameter Date Limit Value Reported Value Limit Type
Ammonia Nitrogen 10/31/09 2.00 mg/1 2.12 mg/I Monthly Average Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. There
were NOT any comments provided on the reverse of the relevant DMR to explain the violations, nor was
the facility status marked as non-compliant. It is requested that a response be submitted to the attention
of Wanda Frazier of the Asheville Regional Office (to the address at the bottom of the page).
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662. -
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
S:\SWP\Macon\Wastewater\Minors\Wildcat Cliffs 75612\NOV-2010-LV-0044.01-22-10.doc
NorthCarolina
Altura!!if
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org (i_ FAX [phone]

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NDPENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 22, 2010
Mr. George W. Ware, Owner
High Country Home Care Inc.
PO Box 658
Newland, NC 28657
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0016
Permit No. NCO060224
Jonas Ridge Adult Care Facility WWTP
Burke County
Dear Mr. Ware:
A review of Jonas Ridge Adult Care Facility's monitoring report for September 2009 showed
the following violations:
Parameter Date Measuring Frequency Violation
Temperature 09/01 to 9/30 5 times weekly Failure to monitor
Remedial actions, if not already implemented, should be taken to correct any problem. There
were NOT any comments provided on the reverse of the relevant DMR to explain the violations, norwas
the facility status marked as non-compliant. It is requested that a response be submitted to the attention
of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
S:\SWP\Burke\Wastewater\Minors\Jonas Ridge Adult Care 60224\NOV-2010-MV-0016.01-22-10.doc o
NorthCarolina
Ivaturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.orq FAX [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 22, 2010
Dan Brigman, Ph.D., Superintendent
Macon County Board of Education
1202 Old Murphy Road
Franklin, NC 28734
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0043
Permit No. NCO067326
Cullasaja School WWTP
Macon County
Dear Dr. Brigman:
A review of Cullasaja School's monitoring report for September 2009 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Flow 09/30/09 0.0020 mgd 0.0024 mgd Monthly Average Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem.
There were NOT any comments provided on the reverse of the relevant DMR to explain the
violations, nor was the facility status marked as non-compliant. It is requested that a response be
submitted to the attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
S:\SWP\Macon\Wastewater\Minors\Cullasaja School 67326\NOV-2010-LV-0043 01-22-2010.doc NortKarotina
,N�rtura!!�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.nawaterguality.org o FAX [phone]

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CDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 22, 2010
Mr. Chase Harper, Vice President
Nantahala Mountain Village Inc.
9400 Hwy 19 West
Bryson City, NC 28713
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0042
Permit No. NCO037737
Nantahala Village
Swain County
Dear Mr. Harper:
A review of Nantahala Village's monitoring report for September 2009 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Ammonia Nitrogen 09/30/09 5.5 mg/I 5.75 mg/1 Monthly Average Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. There
were NOT any comments provided on the reverse of the relevant DMR to explain the violations, norwas
the facility status marked as non-compliant. It is requested that a response be submitted to the attention
of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828-
296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
.3:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 3773,7\NOV-2010-LV-0042 01-22-10.doc
NorthCarolina
AVA(rally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newaterouality.org FAX [phone]

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 22, 2010
James Derek Taylor
JUT Properties, LLC
330 Dillard Road
Highlands,NC 28741
Subject: Request for More Information
401 Water Quality Certification
AB Climate
DWQ Project# 09-1332
Macon County
Response deadline: February 22, 2010
Dear Mr. Taylor:
The Division of Water Quality (DWQ)has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
'complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Section 3d. of your application states:
"To reduce the size of the man made pond."
Please provide further information on the purpose of the project. For example, do you plan on
developing the parcel further? Will you be adding impervious surface to the parcel?
2. Section la. your application states:
"The pond shall remain downstream of the impact site allowing for silt to settle."
Placing fill within open waters is considered an impact. Please provide further information on
the measures you have taken to avoid and minimize your proposed impacts. For example, if you
plan on developing the filled pond area, is there another area on your property where such
development could take place?
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�T t,
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
01rt11C�1T011I1a
Internet:www.ncwaterquality.org �R"tllrR�jl�/
An Equal Opportunity 1 Affirmative Action Employer l�

James Derek Taylor
January 22,2010
Page 2 of 2
Please provide your response in writing to the addresses below prior to February 22, 2010. Four copies of .
required information should be provided to the 401 Permitting Unit at:
.Ms. Cyndi Karoly
401 Permitting Unit -
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa,NC 28778
If we do not hear from you by the deadline,we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized(at this time)by the DWQ. Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Lori Beckwith-US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Cyndi Karoly- 401 Permitting Unit
Matt Mason-Macon County
ARO File copy
SASWP\Macon\40ls\Non-D0TUB Climate\ADDINF0.1.21.10.doc

s�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 25, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8434
Darlene Hicks
Town of Elk Park
PO Box 248
Elk Park,NC 28622
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO079561
Town of Elk Park
Elk Park WWTP
Case No. LV-2010-0031
Avery County
Dear Ms. Hicks:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$151.00
($100.00 civil penalty + $51.00 enforcement costs) against the Town of Elk Park.
This assessment is based upon the following'facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Elk Park for the month of November 2009.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NCO079561. The violations which occurred in
November 2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Elk Park violated the
terms, conditions or requirements of NPDES Permit NCO079561 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Elk Park:
NorthCarolina
vVatitrally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa, NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.newaterauality.org

l of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0079561, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
$100.00 TOTAL CIVIL PENALTY
$51.00 Enforcement Costs
$151.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(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.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form), Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be

aid submit it to the Division of Water Quality at the address listed below. In
Ining whether a remission request will be approved, the following factors shall be
.jdered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
\' be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
official state holidays. The original and one (1)copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact Keith Haynes of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
Enforcement File w/attachments
Central Files w/attachments
..., .:._. .

JUSTIFICATION FOR REMISSION REQUEST
,✓Q Case Number: LV-2010-0031 County: Avery
Assessed Party: Town of Elk Park
Permit No. : NC0079561 Amount Assessed: $151.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRON
AND NATURAL RESOURCES ,
COUNTY OF Avery
Town of Elk Park
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Elk Park WWTP ) STIPULATION OF FACTS
PERMIT NO. NCO079561 ) FILE NO. LV-2010-0031
Having been assessed civil penalties totaling $151.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 25, 2010, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
JarlUary 26, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8410
Mr. Thomas E. Hartye, PE
Metropolitan Sewerage District of Buncombe County
2028 Riverside Drive
Asheville,North Carolina 28804
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0049
Permit No. WQCS00004
MSD of Buncombe County
Metropolitan Sewerage 1istrict Sewer Collection System.
Buncombe County
f. „
Dear Mr. Hartye:
A review has been conducted of Metropolitan Sewerage District of uncombe County's self
reported Sanitary Sewer Overflows (SSO's) 5-Day Report submitted by Jolin Kivinielini, NISD
Water Reclamation Plant Director. This review has shown the subject facility to be in violation
of the requirements found in Collection System Permit WQCS00004 and/or G.S. 143-
215.1(a)(1). The violation that occurred is summarized below.
Area Violation Date Description Violation
Type
CSO/SSO 12/25/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 374,000 gallons Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation. You should address the causes of
noncompliance and all actions taken to prevent the recurrence of similar situations and respond
in writing to this office within 15 days of receipt of this letter. If you should have any
questions, please do not hesitate to contact Mr. Don Price at(828)296-4500.
(}Vocation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�T�ne L, 7
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 1�Ortll�ay+fOt/llla
Internet: www.ncwaterquality.org Nato[al y
An Equal Opportunity 1 Affirmative Action Employer

Page 2
Jan. 26, 2010
MSD Collection System
Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills,the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact your Asheville Regional Office
Staff, or Mr. Don Price at(828)296-4500.
Sincerely,
RogerVVVVVIC. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
John Kiviniemi,MSD Water Reclamation Director
Ken Stines,MSD Collection System Back-up ORC
SSSWPTuncombeEollection Svstelns\MSD Collection SvstemlNOV 2010 DV 0049.doe

A 4"i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 26, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8403
Joseph M. Moore II, City Manager
City of Brevard
95 West Main Street
Post Office Box 426
Brevard,North Carolina 28712
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0047 and NOV-2010-DV-0050 and NOV-2010-DV-0051
Permit No. Permit No. WQCS00084
City of Brevard
City of Brevard Collection System
Transylvania County
Dear Mr. Moore:
A review has been conducted of City of Brevard's Collection System self reported Sanitary
Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Brevard's Collection System
ORC, Mr. Anthony Coward. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit WQCS00084 and/or G.S. 143-215.1(a) (1). The
violation/s that occurred are summarized below:
Area Violation Date Description Violation
Type
CSO/SSO 12/02/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 165,287 gallons Without Valid
Permit
CSO/SSO 12/08/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 201,772 gallons Without Valid
Permit
CSO/SSO 12/25/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 296,024 gallons Without Valid
Permit
One
4ocation:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
44-Phone:[phone] FAX:[phone]!Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity i Affirmative Action Employer

Page 2
Jana 26, 2010
City of Brevard Collection System
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation. You should address the causes of
noncompliance and all actions taken to prevent the recurrence of similar situations and respond
in writing to this office within 15 days of receipt of this letter. If you should have any
questions, please do not hesitate to contact Mr. Don Price at [phone].
Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume, volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact your Asheville Regional Office
Staff, or Mr. Don Price at [phone].
Sincerely,
1 j
�,...���...� ': G•`�C Fr6L,"E.t.a_('' 4
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
Cc: Central Files
PERCS
Anthony Coward, City of Brevard Collection System ORC
S\SWP\Transvivania\Collection Svstems'•Brevard Collection System\NOV 2010 DV 0047 and NOV 2010 DV 0050 and NOV 2010 DV 0051.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 26, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8427
Joel B Burrell
Town of Tryon
301 N Trade St
Tryon NC 28782
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2010-DV-0060
Permit No. WQCS00111.
Town of Tryon
Town of Tryon Collection System
Polk County
Dear Mr. Burrell:
A review has been conducted of the Town of Tryon's Collection System self reported Sanitary
Sewer Overflows (SSO's) 5-Day Report submitted by you Town of Tryon's Public Works
:Director,Mr. Joel Burrell. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit WQCS00111 and/or G.S. 143-215.1(a) (1). The
violation that occurred is summarized below:
Area Violation Date Description Violation
Type
CSO/SSO 12/25/2009 Sanitary Sewer Overflow Discharge
(Sewer Overflow) 200,000 gallons Without Valid
Permit
Remedial actions should be taken to correct this problem. The Division of Water Quality is
considering pursuing enforcement action for this violation. You should address the causes of
noncompliance and all actions taken to prevent the recurrence of similar situations and respond
in writing to this office within 15 days of receipt of this letter. If you should have any
questions, please do not hesitate to contact Mr. Don Price at(828)296-4500.
One
oration:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone]t FAX:[phone] Customer Service:1-877-623-6748 '/y� !/
Internet: www.ncwaterquality.org Aight ally
An Equal Opportunity 1 Affirmative Action Employer

Page 2
Jan. 26, 2010
Town of Tryon Collection System
Please note that due to the continued high numbers of SSO's in North Carolina the Division has
implemented a new SSO enforcement policy on May 15, 2007. Between May 15, 2007, and June
1, 2007 the Division of Water Quality will contact collection system operators to inform them of
this policy. Beginning June 1, 2007 until December 1, 2007 any reportable SSO will be issued a
Notice of Violation(NOV). Beginning on December 1, 2007 civil penalties will be issued for
SSO's based on volume,volume reaching surface waters, duration and gravity and impacts to
public health, fish kills or recreation area closures. Other factors considered in determining the
amount of the civil penalty are the violator's history of spills,the cost of rectifying the damage,
whether the spill was intentional and whether money was saved by non-compliance.
If you have any question regarding this policy please contact your Asheville Regional Office
Staff, or Mr. Dan Price at(828)296-4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section Supervisor
Division of Water Quality
Asheville Regional Office
1
Cc: Central Files
PERCS
Town of Tryon Town Manager
S." WP`Polk`collection Systems\Tryon Collection System\NOV 2010 DV 0060.doc

Y
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
drly Eaves Perdue Coleen H. Sullins Dee Freeman
governor Director Secretary
January 27, 2010
Craig Black
13207 Providence Green Court
Charlotte.North Carolina 28227
Subject: 401 Water Quality Certification -Approval
Dry Creek/Lot 26
DWQ Project 4 20091298
Burke County
CTB30/Lake James/ l 1-(23)/Class WS-V, B
Dear Mr. Black:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject
project listed above.
Approval has been granted to place till within or otherwise impact 190 linear feet of shoreline for the purpose of shoreline
stabilization and water access at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
'.oject impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use
kegional General Permit 30 when issued by the US Army Corps of Engineers (USAGE). Authorization to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition,you
should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your
project including(but not limited to)Erosion and Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,you must
notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location o Reference
Waters 190 (linear feet) Stabilization
Additional Conditions
1. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive
_\ velocities through the protected stream buffers such that it will not re-concentrate before discharging into waters.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] i Customer Service:1-877-623-6748 One
Internet:www.nmaterquality.org !.V OI 1 ht_,aroli11.a
atitrall
An Equal Opportunity'•,Aifirriative.A:aion Employer

--------------
Black Shoreline Stabilization
January 27,20 10
Page 2 of 2
2. Burke County Catawba Buffer Ordinance
The proposed project must comply with the Burke County local riparian buffer ordinance approved by the
Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 NTUs(Nephelornetric Turbidity Units)shall not be exceeded as described in 15 A
NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard.
4. Rip-Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in
stabilization shall be a random size, varying from Class B rprap up to 6 feet in diameter to provide additional
wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in accordance with the
attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb
Enc: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bennick Enterprises, LLC - Ecopy
USACE Asheville Regulatory Field Office
401 Permitting Unit--Central Office
File Copy
S:\SWII\BLirkc\401 Mon-DOT\Black\09-1298.Black.Shorelinestabil.approval.doe

NCDENR
North Carolina Department of Environment anal Natural Resources
Division°of Water Quality
.erly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 27, 2010
Tony Pierfelice
4624 Wild Pine Court
Suite 100
Midland, Michigan 48642
Subject: 401 Water Quality Certification - Approval
1780 / Lot 121
DWQ Project# 20091329
McDowell County
CTB30 /Lake James / 11-(23)/Class WS-V, B
Dear Mr. Pierfelice:
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
\approval has been granted to place fill within or otherwise impact 700 linear feet of shoreline for the purpose of
shoreline stabilization and water access at the subject property. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows
you to use Regional General Permit 30 when issued by the US Army Corps of Engineers (USAGE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
General Permit Verification. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you proceed with your project including (but not limited to) Erosion and
Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 700 (linear feet) Stabilization
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 1�TWe t
Phone:[phone]i FAX:[phone] Customer Service:1-877-623-6748 1 v or th C ro1111a
Internet:www.ncwaterquality.org
atlmall
An Equal Opportunity�Affirmative Action Employer

IM/Lot ILI
January 27,2010
Page 2 of 3
Additional Conditions
1. Diffuse Flow(No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-
erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into surface waters.
2. McDowell County Catawba Buffer Ordinance
The proposed project must comply with the McDowell County local riparian buffer ordinance approved
by the Division of Water Quality under the Catawba River Basin: Protection and Maintenance of
Existing Riparian Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this
standard.
4. No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the ;
Division of Land Resources or locally delegated program has released the project. '
5. Rip-Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in
stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in
accordance with the attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.

,npletes the review of your application by the Division of Water Quality under Section 401 of the
,ter Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
>6-4657.
Sincerely,
F=
Coleen H. Sullins, Director
CHS1khb
Enc: GC3693
Certificate of Completion
Catawba Buffer Rules
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
S:\SWP\McDowe11\401 s\Non-DOT\Pierfelice\09-1329.Pierfelice.ShorelineStabil.approval.doc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 27, 2010
Mr. Ted L. Norman
Haywood County Board of Education
630 Sonoma Road
Waynesville, NC 28786
SUBJECT: Complaint
Bethel School WWTP
Permit No: NCO067351
Haywood County
Dear Mr. Norman:
On January 21, 2010, The Division of Water Quality received an email from Mr. Carmine
Rocco, Health Director of the Haywood County Health Department. He had concerns regarding
the wastewater treatment plant, which were brought to his attention by a citizen that lives across
the street from the Bethel School, off of Pigeon Road.
The citizen attended the Board of Health's meeting earlier this month. His concerns
included problems with mosquitoes last year and a dog stuck in one of the basins at the
wastewater treatment plant, nearly drowning.
Mr. Rocco, met with the citizen at the wastewater treatment plant site on January 21, 2010,
and forwarded us pictures from their visit. The areas of concern are as follows.
1. Fence:
The fence around the wastewater treatment system has a gap between the bottom of
the fence and the ground, in one corner, in which animals can get into the enclosure.
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 WoAhCarolina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 )Vaturally
Internet:www.ncwaterguaiity.org

Mr. Ted L. Norman
January 27, 2010
Page 2 of 2
2. Screens
There are three screens, which are not intact, over the fine solids settling basins.
One of the screens had fallen into the basin.
I believe the purpose of the screens are to keep out falling debris, such as leaf litter,
and prevent an increase in BOD (biochemical oxygen demand) and TSS (total
suspended solids) in the final effluent, as well as to prevent clogging in the tablet
chlorinator and tablet dechlorinator.
3. Mosquitoes
If mosquitoes are breeding in the fine solids settling basin, during warmer weather, a
series of hoses with spray nozzles could be placed over these basins to emit a fine
spray, to cause just enough movement of water across the surface, to prevent
mosquito larvae from hatching.
Recommendations:
Would it be possible for you to ask one of your staff to inspect this location, as soon as
possible, to see what can be done to address these concerns? I would be glad to meet them
onsite, if necessary.
Please contact me at 828-296-4662, if you need more information or have questions.
Thank you for your help.
Sincerely,
�?c i�►.tA1�
Wanda P. Frazier
Environmental Specialist
Enclosure
xc: Central Files
Asheville Files
Mr. Carmine F. Rocco, Health Director,
Haywood County Health Department;
2177 Asheville Road; Waynesville, NC 28786
S:\SWP\Haywood\Wastewater\Minors\Bethel School 67351\LTR.Norman.01-27-10.doc

4®e
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 27, 2010
Joel B Burrell
Town of Tryon
301 N Trade St
Tryon NC 28782
SUBJECT: Compliance Evaluation Inspection
Tryon WWTP
Permit No: NCO021601
Polk County
Dear Mr.BUrrell:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on December 29, 2009. The facility appeared to be in Compliance with permit
NC0021601.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff M nzel
Environmental Specialist
Enclosure
cc: Deborah M Bradley, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE one
1 Location:2090 U.S.Highway 70,Swannanoa, NC 28778 NorthCarohna
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterouality.org S:\SWP\Polk\Wastewater\Municipal\Tryon WWTP 21601 ; atural`ff

United States Environmental Protection Agency Form Approved.
Washington,D.C.20460
P!'1 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 I5I 31 NCO021601 I11 121 09/12/29 17 18I1 19ISI 201
Remarks
211111111111111IIIIIIIIIIiilllllllllll111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 701 I 711 I 721 NJ 73I. ' 174 75L 1 I I I I I 180
Section B: Facility Data r—t_1
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Tryon WWTP 10:30 AM 09/12/29 09/02/01
1526 E Howard St Exit Time/Date Permit Expiration Date
Tryon NC 28782 12:00 PM 09/12/29 13/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Deborah M Bradley/ORC/828-859-5626/
Name,Address of Responsible Official/Title/Phone and Fax Number
Joel B Burrell,301 N Trade St Tryon NC 28782/Director of Public Contacted
Works/828-859-6654/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ®Flow Measurement N Operations&Maintenance Records/Reports
Self-Monitoring Program N Sludge Handling Disposal N Facility Site Review Effluent/Receiving Waters
Storm Water
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s')o�f/ln�spector(s Agency/Office/Phone and Fax Numbers Date
Jeff Menzel r�V/V \ ARO WQ//828-296-4500/ //Z7/0 I
Signature of Management Q A Reviewer_ Agency/Office/Phone and Fax Numbers Date
EPA Form 3 60-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO021601 I11 12I 09/12/29 I17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
No violations of permit requirements or applicable regulations were observed during this inspection. The
facility appeared to be operating well.
Page# 2

Permit: NCO021601 Owner-Facility: Tryon WWTP
,ction Date: 12/29/2009 Inspection Type: Compliance Evaluation
Jperations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ® n ❑ Cl
Does the facility analyze process control parameters, for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ® ❑ ❑ ❑
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ fl ® n
Is the facility as described in the permit? N n n n
#Are there any special conditions for the permit? n n ® Cl
Is access to the plant site restricted to the general public? m Q Q n
Is the inspector granted access to all areas for inspection? 0 ❑ ❑ n
Comment: The permit expires 12/31/2013.
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ❑
- b.Mechanical
Are the bars adequately screening debris? n n n
Is the screen free of excessive debris? ® n ❑ Q
Is disposal of screening in compliance? ® n ❑ ❑
Is the unit in good condition? ® ❑ n n
Comment: The inspector observed the bar screen working as it was intended.
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ n n
Is flow meter calibrated annually? ® n ❑ fl
Is the flow meter operational? ■ ❑ ❑ ❑
(if units are separated) Does the chart recorder match the flow meter? n n
Comment: The flow meter was calibrated on March 2009.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system surface
Is the basin free of dead spots? ■ n n n
Page# 3

A\
"s
Permit: NCO021601 Owner-Facility: Tryon WWfP
Inspection Date: 1 212 9/2 0 0 9 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Are surface aerators and mixers operational? ■ n n n
Are the diffusers operational? n n ■ n
Is the foam the proper color for the treatment process? ■ n n n
Does the foam cover less than 25%of the basin's surface? ® n n n
Is the DO level acceptable?
nnn ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ® n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? ■
Are weirs level? ■ n n n
Is the site free of weir blockage? ® n n n
Is the site free of evidence of short-circuiting? ■ n n n
Is scum removal adequate? ■ n n n
'1
Is the site free of excessive floating sludge? ■ n n n -
Is the drive unit operational? ® n n n
Is the return rate acceptable(low turbulence)? n n n ■
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately'%of the sidewall depth) n n n ■
Comment:
De-chlorination Yes No NA NE
Type of system? Gas
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ n n n
Is storage appropriate for cylinders? ■ n n n
#Is de-chlorination substance stored away from chlorine containers? ■ n n n
Are the tablets the proper size and type?. n n ■ n
Comment: Currently the facility is in the initial stages of switching from gas chlorine to
liquid bleach.
Are tablet de-chlorinators operational? n n ■ n
Number of tubes in use?
Page# 4

'Permit: NCO021601 Owner-Facility: Tryon VWVTP
action Date: 12/29/2009 Inspection Type: Compliance Evaluation
Oe-chlorination Yes No NA NE
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ■ ❑ n n
Is sample collected below all treatment units? ■ n n n
Is proper volume collected? ■ n n n
Is the tubing clean? ■ n n n
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ n n
Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ n n n
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n ❑ n
If effluent (diffuser pipes are required) are they operating properly? ■ n ❑ n
Comment: At the time of inspection the effluent was not having an observable impact
on the receiving stream.
Upstream/Downstream Sampling Yes No NA NE
Is the facility sampling performed as required by the permit(frequency, sampling type,and sampling location)? ■ n n n
Comment:
Page# 5

4 • g
iTC&DENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 28, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8397
Bertha S. Burnette
41 Dix Creek Rd#1
Leicester,NC 28748
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO029882
Bertha S. Burnette
Briarwood WWTP
Case No. LV-2010-0034
Buncombe County
Dear Ms. Burnette
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $270.00
($200.00 civil penalty+ $70.00 enforcement costs) against Bertha S. Burnette.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Bertha S. Burnette for the month of September 2009. This
review has shown the subject facility to be in violation of the discharge limitations and/or monitoring
requirements found in NPDES Permit NCO 029882. The violations which occurred in September 2009 are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Bertha S. Burnette violated the terms,
conditions or requirements of NPDES Permit NCO029882 and G.S. 143-215.1(a)(6) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),
a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a
permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the
Asheville Region, hereby make the following civil penalty assessment against Bertha S. Burnette:
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 NorthCarolina
Phone:[phone]\FAX: [phone]\Customer Service: 1-877-623-6748 Naturally www.ncwaterguality.org—' D�

A
I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0029882, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FECAL
COLIFORM.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0029882, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TOTAL
SUSPENDED SOLIDS Concentration.
$200.00 TOTAL CIVIL PENALTY
$70.00 Enforcement Costs
$270.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(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 U
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a
remission request forecloses the option of an administrative hearing, such a request must be

�ed by a waiver of your right to an administrative hearing and a stipulation and agreement
tactual or legal issues are in dispute. Please prepare a detailed statement that establishes why
oelieve the civil penalty should be remitted, and submit it to the Division of Water Quality at the
address listed below. In determining whether a remission request will be approved, the following
factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please
be advised that the Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and,Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may
be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed
original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for
the Office of Administrative Hearings are as follows:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh,NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you should have any questions, please contact Wanda Frazier of the
Asheville Regional Office Water Quality staff at 828-296-4662.
Sincerely,
Roger C. Edwards,Regional Supervisor
Surface Water Protection Section ,
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/attachments
Enforcement File w/attachments
Central Files w/attachments
S:\SWP\Buncombe\Wastewater\Minors\Briarwood Subdivision 29882\LV-2010-0034.01-28-10.doe

.PION FOR REMISSION REQUEST
,dQ Case Number: LV-2010-0034 County: Buncombe
Assessed Party: Bertha S. Burnette
Permit No.: NCO029882 Amount Assessed: $270.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to
request remission of this civil penalty. You should attach any documents that you believe support your
request and are necessary for the Director to consider in evaluating your request for remission. Please be
aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors applies.
Please check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages as
needed). ,
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143,B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
% — (b) the violator promptly abated continuing environmental damage resulting from the violation
(i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
— (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
_ (d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONM.
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEATING AND
STIPULATION OF FACTS
BERTHA S. BURNETTE )
BRIARWOOD WWTP )
PERMIT NO. NCO029882 ) FILE NO. LV-2010-0034
Having been assessed civil penalties totaling $270.00 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated January 28, 2010, the undersigned, desiring to seek
remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned
further understands that all evidence presented in support of remission of this civil penalty must be
submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from
the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 28, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0713 8373
Mr. R. Belvin Hall
Buncombe County Board of Education
175 Bingham Rd
Asheville,NC 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO061182
Buncombe County Board of Education
North Buncombe High School WWTP
Case No. LM-2010-0005
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $220.00
($150.00 civil penalty+ $70.00 enforcement costs) against Buncombe County Board of Education.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Board of Education for the month of October
2009. This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0061182. The violations which occurred in October
2009 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Board of Education
violated the terms, conditions or requirements of NPDES Permit NCO061182 and G.S. 143-215.1(a)(6) in
the manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions
or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, 1, Roger C. Edwards, Division of Water Quality Regional Supervisor for the
Asheville Region, hereby make the following civil penalty assessment against Buncombe County Board
of Education:
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE NorthCarolina One
Location: 2090 U.S. Highway 70,Swannanoa, NC 28778 ���u�,R//17
Phone: [phone]FAX: [phone]Customer Service: 1-877-623-6748 tlJ
Internet:www.ncwaterguality.orq N 11 n

0 of the 1 violation of G.S. 143-215.1(a)(6) and NPDES Permr,
$.00 NC0061182, by discharging waste water into the waters of the State�.
violation of the Permit Monthly Geometric Mean limit for FECAL
COLIFO%M.
1 of the 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0061182, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for FECAL
COLIFORM.
$50.00 1 of the 1 failure to properly monitor TOTAL SUSPENDED SOLIDS
Concentration in violation of NPDES Permit No.NC0061182.
$150.00 TOTAL CIVIL PENALTY
$70.00 Enforcement Costs
$220.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
5 The amount of money saved b noncompliance;
O Y Y
(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.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below
as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting ;
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document. Because a

.equest forecloses the option of an administrative hearing, such a request must be
anied by a waiver of your right to an administrative hearing and a stipulation and agreement
.lo factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
ju believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the
address listed below. In determining whether a remission request will be approved, the following
factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Quality will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please
be advised that the Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete
and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the
following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition fonn from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and
one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may
be faxed - provided the original and one copy of the document is received in the Office of Administrative
Hearings within five (5) business days following the faxed transmission. The mailing address for the
'``' Office of Administrative Hearings is:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
If you should have any questions, please contact Wanda Frazier of the Asheville Regional Office
Water Quality staff at 828-296-4662.
Sincerely,
n r
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Enforcement File w/attachments
Central Files w/attachments
S:\SWP\Buncombe\Wastewater\Minors\North Bunc High Sch 61182\LV-2010-0005.01-28-10.doc

JUSTIFICATION FOR REMISSION REQUEST
✓Q Case Number: LM-2010-0005 County: Buncombe
Assessed Party: Buncombe County Board of Education
Permit No.: NC0061182 Amount Assessed: $220.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to
request remission of this civil penalty. You should attach any documents that you believe support your
request and are necessary for the Director to consider in evaluating your request for remission. Please be
aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors applies.
Please check each factor that you believe applies to your case and provide a detailed explanation,
including copies of supporting documents, as to why the factor applies (attach additional pages as
needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONN...
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT _ ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY BOARD OF EDUCATION )
NORTH BUNCOMBE HIGH SCHOOL )
PERMIT NO.NCO061182 ) FILE NO. LM-2010-0005
Having been assessed civil penalties totaling $220.00 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated January 28, 2010, the undersigned, desiring to seek
remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated
matter and does stipulate that the facts are as alleged in the assessment document. The undersigned
further understands that all evidence presented in support of remission of this civil penalty must be
submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from
the receipt of the notice of assessment.
This the day of 520
SIGNATURE
ADDRESS
TELEPHONE

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_____ ___

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE.WATER PROTECTION SECTION
January 28, 2010
Mr. George W. Ware, Owner
High Country Home Care Inc.
PO Box 658
Newland, NC 28657
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0018
Permit No. NCO060224
Jonas Ridge Adult Care Facility WWTP
Burke County
Dear Mr. Ware:
A review of Jonas Ridge Adult Care Facility's monitoring report for October 2009 showed the
following violations:
Parameter Date Measuring Frequency Violation
Temperature 10/1 — 10/31 5 times weekly Failure to monitor
To prevent further action, carefully review these violations and deficiencies and respond in writing
to this office within fifteen (15) working days of receipt of this letter. You should address the causes of
noncompliance and all actions taken to prevent the recurrence of similar situations.
If you should have any questions, please do not hesitate to contact Wanda Frazier at 828-
296-4662
Sincerely,
. tt
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
M. WQ Central Files
Asheville Files
N Karolina
--`S:\SWP\Burke\Wastewater\Minors\Jonas Ridge Adult Care 60224\NOV-2010-MV-0018.01-28-10.doc Aaturallff
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.orq�_ FAX [phone]

loo
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 28, 2010
Mr. George Schultz
United World Mission
PO Box 250
Union Mills NC 281670250
Subject: NOTICE OF VIOLATION
NOV-2010-LV-0046
Permit No. NCO032174
United World Mission WWTP
Rutherford County
Dear Mr. Schultz:
A review of United World Mission's monitoring report for November 2009 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
Ammonia Nitrogen 11/30/09 4 mg/I 4.57 mg/I Monthly Average Exceeded
Since the November 2009 DMR was accompanied by a letter of explanation indicating an
adequate explanation for the subject violation, it is not requested that a response be submitted:
however, should you have additional information concerning the violations or comments which you
wish to present, please submit them to the attention of Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. if you should have any questions, please do not hesitate to contact Wanda Frazier
828-296-4662.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Enclosure
cc: WQ Central Files
Asheville Files
No thCarolina
S:\SWP\Rutherford\Wastewater\Minors\United World Mission 32174\NOV-2010-LV-0046.01-28-10.doc t-`l Natlllallil
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone] 1-877-623-6748

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BE_,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 28, 2010
Tony Johnson
Baxter Healthcare Corporation
PO Box 1390
Marion NC 28752
SUBJECT: Compliance Evaluation Inspection
Baxter Healthcare Corporation
Permit No: NC0006564
McDowell County
Dear Mr. Johnson
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on January 13, 2010. The facility appeared to be in Compliance with permit NC0006564.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
SincWenzel
Jeff
Environmental Specialist
Enclosure
cc: Stephen Douglas Gouge, ORC
Central Files
Asheville Files
fSURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778 One
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 NorthCarollina
Internet:www.ncwaterguality.org S:\SWP\McDowell\Wastewater\lndustrial\Baxter06564 )VRtm ly

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_.... _ _

United States Environmental Protection Agency
Washington,D.C.20460 Form Approved.
-PA OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 I 51 31 NC0006564 ( 11 121 10/01/13 117 181 SI 191 SI 20I
Remarks
2111111111IIIIIIII IIIIIIIIl1111111IIIIIIII11111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I (69 70131 711 I 72I N' 73I I ' 74 75' I I I I I I 180
Section-B. Facility Data W
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Baxter Healthcare Corporation
09:00 AM 10/01/13 05/03/01
US Hwy 221 N Exit Time/Date Permit Expiration Date
Marion NC 28752 11:30 AM 10/01/13 10/01/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Stephen Douglas Gouge/ORC/828-756-6618/
Name,Address of Responsible Official/Title/Phone and Fax Number
Tony Johnson,PO Box 1390 Marion NC 28752//828-756-6530/ Contacted
Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ®Flow Measurement Operations&Maintenance 0 Records/Reports
Self-Monitoring Program ' ®Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/ �a 7/0
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/ 6d' C,I
i
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NC0006564 I11 12I 10/01/13 I17 18ISI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
No violations of permit requirements or applicable regulations were observed during this inspection. The
facility appears to be well maintained and operated.
Page# 2

Permit: NC0006564 Owner-Facility: Baxter Healthcare Corporation
,,ection Date: 01/13/2010 Inspection Type: Compliance Sampling
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ® ❑ ❑ ❑
Is the facility as described in the permit? ® ❑ ❑ ❑
#Are there any special conditions for the permit? n ❑ m ❑
Is access to the plant site restricted to the general public? ■ n ❑ ❑
Is the inspector granted access to all areas for inspection? ■ [I ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
@.Manual o
b.Mechanical
Are the bars adequately screening debris? ® ❑ 0 ❑
Is the screen free of excessive debris? ® o n n
Is disposal of screening in compliance? ® fl n ❑
Is the unit in good condition? ® ❑ ❑ ❑
Comment:
Flow Measurement- Effluent Yes No NA NE
#Is flow meter used for reporting? ❑ 0 ❑
Is flow meter calibrated annually? ❑ ❑
Is the flow meter operational? ® ❑ ❑ ❑
(If units are separated) Does the chart recorder match the flow meter? ■ ❑ ❑ ❑
Comment: The mag meter was calibrated in September 2009.
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ El ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment: The grounds are well maintained.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Surface
Is the basin free of dead spots? O ❑ ❑ ❑
Page# 3

Permit: NC0006564 owner-Facility: Baxter Healthcare Corporation
Inspection Date: 01/13/2010 Inspection Type: Compliance Sampling
Yes No NA NE
Aeration Basins
■ nnn
Are surface aerators and mixers operational?
Are the diffusers operational? n ❑ ■ ❑
Is the foam the proper color for the treatment process? ® ❑ ❑ ❑
Does the foam cover less than 25%of the basin's surface? ❑ ❑ ■ ❑
nnn ■
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n
Comment:
Yes No NA NE
Secondary Clarifier
Is the clarifier free of black and odorous wastewater? ® n n n
Is the site free of excessive buildup of solids in center well of circular clarifier? ® Q n n
Are weirs level? ■ ❑ n
■ nnn
Is the site free of weir blockage?
■ nnn
Is the site free of evidence of short-circuiting?
Is scum removal adequate? ■ n Q ❑
Is the site free of excessive floating sludge? ■ ❑ ❑ ❑
■ nnn
Is the drive unit operational?
Is the return rate acceptable(low turbulence)? ® n n n
Is the overflow clear of excessive solids/pin floc? ■ n n n
Is the sludge blanket level acceptable?(Approximately''/4 of the sidewall depth) ® ❑ n n
Comment:
Yes No NA NE
Disinfection - UV
Are extra UV bulbs available on site? ■ ❑ ❑ n
Are UV bulbs clean? ® n ❑ n
Is UV intensity adequate? ® n
Is transmittance at or above designed level? ® ❑ 0n
Is there a backup system on site? ® n n n
Is effluent clear and free of solids? ® n n n
Comment:
Yes No NA NE
Effluent Sampling '
Is composite sampling flow proportional? ® n n n
Page# 4

Permit: NC0006564 Owner-Facility: Baxter Healthcare Corporation
-ction Date: 01/13/2010 Inspection Type: Compliance Sampling
Effluent Sampling Yes No NA NE
Is sample collected below all treatment units? ❑
Is proper volume collected? n F 1 n
Is the tubing clean? ® n n n
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ® n n n
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ® ❑ ❑ n
Comment: The effluent did not have an observable impact on the receiving stream.
The pH was measured as 7.73 and the D.O. was measured as 9.3 mg/L.
Upstream/ Downstream Sampling Yes No NA NE
Is the facility sampling performed as required by the permit(frequency, sampling type,and sampling location)? ® n n n
Comment:
Page# 5

A Y--NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,everly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 29, 2010
Rutherford County
DWQ Project 20091207
TIP No. B-4633
NCSR 1913 (Oak Grove Church Road)
Approval of 401 Water Quality Certification with Additional Conditions
Dr. Greg Thorpe, Ph.D
Environmental Management Director, PDEA
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh,North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts in Webbs Creek for the
purpose of constructing a new bridge over Webbs Creek on NCSR 1913 (Oak Grove Church Road) in Rutherford County:
Stream Impacts in the Broad River Basin _
Site Permanent Streambank Permanent Temporary Total Stream
Fill in Stabilization Fill in Impacts in Stream Impacts
Intermittent in Perennial Perennial Perennial Impact Requiring
Stream (linear Stream Stream Stream (linear Mitigation
ft) (linear ft) (linear ft) (linear ft) ft) (linear ft)
Site 1 Causeway 1 0 0 0 70 _ 70 0
Site 2 Causeway 2 0 0 0 60 _ 60 0
Site 3 Bent 0 0 25 0 25 0
Total 0 0 25 1 130 1 155 1 0
Total Stream Permanent Impact for Project: 25 Iinear feet. Temporary Impacts for Project: 130 linear feet.
The project should be constructed in accordance with your application dated November 6, 2009 (received November 10,
2009)and additional information dated and received January 22, 2010, including the environmental commitments made in
the application letter. After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Nos. 3704 and 3688, corresponding to the U.S. Army Corps of Engineers Nationwide Permit
Numbers 14 and 33. In addition,you should acquire any other federal, state or local permits before you proceed with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations.
f" 'RfACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOI'thCa101111a
r-,one:828-296-45001 FAX:[phone] Customer Service:1-877-623-6748 ����l N��`/�
Internet: www.ncwateiquality.org
An Equal Opportunity 1 Affirmative Action Employer

Dr. Greg Thorpe, Ph.D
January 29, 2010
Page Two
This approval is valid solely for the purpose and design described in your application (unless modified below). Should \\
Your project change,you must notify the DWQ and submit a new application. If the property is sold,the new owner must
be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future)exceed one acre, or if total impacts to streams(now or in the
future)exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h)(6)and
(7). For this approval to be valid,you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Condition(s) of Certification:
1. There shall be no excavation from or waste disposal into,jurisdictional wetlands or waters associated with this permit
without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located
in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction
activities.
2. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall
be removed and the natural grade restored upon completion of the project.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. Unless otherwise approved in this certification, placement of culverts and other structures in waters, streams, and
wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than
48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence
that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required.
5. For projects impacting waters classified by the NC Environmental Management Commission as Trout(Tr),High
Quality Waters (HQW), or Water Supply I or 11(WS-I or WS-11) stormwater shall be directed to vegetated buffer
areas, grass-lined ditches or other means appropriate to the site for the purpose of pretreating stormwater runoff prior
to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged.

Ph.D
Z010
.ee
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDWT Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams and other diversion structures, shall be used to prevent excavation in flowing water.
7. The post-construction removal of any temporary bridge structures must return the project site to its preconstruction
contours and elevations. The impacted area shall be revegetated with appropriate native species.
8. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and
Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification.
9. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This
water shall be captured, treated and disposed of properly.
10. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval
from NCDWQ first.
11. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in
this certification.
12. All bridge construction shall be performed form the existing bridge, temporary work bridges,temporary causeways or
floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The
barges shall not be sunk and then dragged into position. Under no circumstances should barges be dragged along the
bottom of the surface water.
13. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across the bridge and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering the stream. Please refer to the most current version of.Stormwater Best Management Practices.
14. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black walnut and
red maple) must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
16. The use of riprap above the Normal High Water Mark shall be minimized, Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
17. Heavy equipment shall be operated from the banks rather than in the stream channels in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
18. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
20. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
21. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
22. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
23. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
24. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
2. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.

Dr. Greg Thorpe,Ph.D �\
January 29, 2010
Page Four
26. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this certification.
27. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use) or that State of Federal law is being violated, or that
further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification.
28. The issuance of this certification does not exempt the Permittee form complying with any and all statutes, rules,
regulations or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
29. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
30. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed"Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty(60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh,N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty(60)days following receipt of the
Certification. Unless such demands are made,this Certification shall be final and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions,please telephone Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: David Baker, USACE, Asheville Field Office
Jay Swain,Jr. Division 13 Engineer
Roger Bryan, Division 13 DEO_
BEd Ingle, Roads ide.Env ir Ionmental
Marla rs,NCWRC
Transportation Permitting Unit
Asheville Regional Office
091207V.2(Thorpe)Bridge No.32 NCSR 1913

""A
$ANWISMOM
gVVI-'T-AwA A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
.erly Eaves Perdue Coleen wi. Sullins Dee Freeman
jovernor Director Secretary
January 29, 2010
City of Lenoir-Greenway Trail
Charles Beatty
801 West Avenue
Lenoir, NC 28645
Subject: Reissued-401 Water Quality Certification - Approval
Lenoir Greenway
DWQ Project# 09-1141
Caldwell County
CTB /Zacks Fork Creek / 11-39-1 /Class C
Dear Mr. Beatty:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above. This approval supersedes the previously issue approval dated
December 7, 2009. This approval is being reissued to match the US Army Corps of Engineers Permit issued
''gnua�ry 28, 2010.
Approval has been granted to place fill within or otherwise impact 80 feet of streams for the purpose of
Streambank Stabilization along the Lenoir Greenway Trail Project. This approval requires you to follow the
conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689 & 3705. This Certification
allows you to use Nationwide Permits 13&18 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and Stormwater regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 011e l
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �TOI'e�1(fdr0111a
Internet:wvvw.ncwaterquality.org
atilla lil
An Equal Opportunity 1 Affirmative Action Employer

City of Lenoir-Greenway
January 29,2010
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 80 (feet) S 1
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
�.....c ,t C r. r c'ram
Coleen H. Sullins, Director
CHS/lsw
Eric: GC3689 & 3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
JAI JALARAM BAPA LLC-Urmil Patel
206 Blowing Rock Blvd.
Lenoir,NC 28645
McGill Associates-Dave Richmond
1240 19t" Street, Lane NW
Hickory,NC 28603
S:\SWP\Caldwell\401 s\Non-DOT\LenoirGreenway\09-1141 Reissue-LenoirGreenwayApproval.docx

LPIVYVA
A
e!/
I ,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
,verly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
January 29, 2010
Town of Newland
Brenda Pittman-Town Manager
301 Cranberry Street
Newland, NC 28657
Subject: 401 Water Quality Certification - Approval
Newland Floodplain Improvement/Bypass
DWQ Project # 09-1312
Avery County
FrB Basin/N.Toe River/7-2-(0.5)/WS-V;Tr
Dear Ms. Pittman:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
,associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 152 feet of streams for the purpose of
Floodplain improvement at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USAGE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 Phone:[phone]M FAX:[phone] Custom Qt10
Customer Service:1-877-623-6748 lle
Internet:www.ncwaterqual4.org NorthCa.rofina
alit ally
An Equal Opportunity 1 Affirmative Action Employer

Town of Newland
January 29,2010
Page 2 of 4
Amount Approved (Units) Plan Location or Reference
Stream 46 (feet) S 1
Stream 8 (feet) S2
Stream 62 (feet) S3
Stream 26 (feet) S4
Stream 10 (feet) S5
Please pay particular attention to Condition 3.a and 10 in the attached Water Quality Certification 3689.
Conditions 3.e. and 10. shall be adhered to as noted on plan sheet C-2 General Notes Construction Sequence
Pineola Street Floodplain Improvements#6412.
Additional Conditions:
1.. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this
standard. The Bolder Toe work should be conducted in a dry work area where possible. Sandbags,
coffer dams or other clean diversion structures should be used to minimize excavation in flowing water.
Appropriate practices shall be adhered to as noted on the plan sheet C-2 General Notes Construction
Sequence, Pineola Street Floodplain Improvements #6412.
2. Trout Moratorium
The stream is a Class B Trout Waters. In order to protect downstream uses for Class B Trout Waters a
requirement of this Certification is that any additional work conducted within the stream may not occur
between the dates of October 15 through April 15.
3. Culvert Installation
All work in or adjacent to waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual
(httn://www.nedot.org/dob/operations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation
in flowing water.
Upon completion of the project, also noted in the attached Certification Condition 16, the Applicant
shall complete and return the enclosed"Certificate of Completion" form to notify NCDWQ when all
work included in the §401 Certification has been completed. The responsible party shall complete the
attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please send photographs upstream and downstream of each culvert site to
document correct installation along with the Certificate of Completion form.
4. Stormwater Management
Stormwater Management shall be achieved to the maximum extent practicable. The project will be
capturing stormwater runoff from the Newland Shopping Center roof drains. To achieve stormwater
management benefits and avoid compromising the structural integrity of the floodplain benches from
sheet flow at the Newland Shopping Center asphalt and dumpster area the Stormwater Collection
System should be extended to capture this area along with the roof drains.

tan Planting
Planting shall be done in accordance with the attached Guidelines for Riparian Buffer Restoration by
planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on a 8 ft. x 8 ft. grid.
6. Stream Stability Monitoring
Upon completion of construction activities the stream channel shall be surveyed and as-built drawings
developed. Cross-sections will be identified and staked at a minimum of four locations; one above the
project, one below the project, two within the project area. One of the two within the project area needs
to be located at the perennial stream culvert located 170 feet downstream of Pineola Street. Annually
for three years these cross sections shall be monitored for stability. An annual report shall be submitted
to the Division of Water Quality including a narrative of findings, photographic documentation of
conditions and survey data. Submit the as-built drawings and annual reports to Division of Water
Quality 2090 US HWY 70, Swannanoa, NC 28778.
7. "lie-opener" Clause
The Town of Newland and its authorized agents shall conduct its activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal
law. The Town shall require its contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification.
A copy of this Certification shall be included in the construction contract and available on the job
site at all times. If DWQ determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated, or
that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,
DWQ shall notify the Town and the US Anny Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the Town in writing,
shall be provided to the United States Army Corps of Engineers for reference in any permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project.
8. 'Water Quality Certification(s)
The proposed project must comply with all of the conditions of General Water Quality Certification(s)
(GC) 3689.
a. Construction Plans
Any final construction plans for this project must include or reference the application and
modified plans approved by the DWQ under this authorization letter and certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
r?minal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive

Town of Newland
January 29,2010
Page 4 of 4
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
��', � �}�" '-{ �.- � ��• .4�!to CC,.4_.:C'�
3:
C oleen H. Sullins, Director
CHS11sw
Eric: GC3689
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USAGE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
File Copy
WK Dickson& Co.
720 Corporate Center Drive
Raleigh,NC 27607
S:\SWP\Avery\401s\Non-DOT\Newland Flood Bypass\Approval.401NewlandFloodO1-2010.doe

44
i!CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 29, 2010
Mr. George Schultz
United World Mission
PO Box 250
Union Mills, NC 28167-0250
SUBJECT: Compliance Evaluation Inspection
United World Mission WWTP
Permit No: N00032174
Rutherford County
Dear Mr. Schultz:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection
conducted on January 22, 2010. The facility was found to be in compliance with permit NC0032174.
Please refer to the enclosed inspection report for additional observations and comments. If you or
your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Rutherford\Wastewater\Minors\United World Mission 32174\CE1.01-28-10.doc
a
NorthCarolina
�V�xtla�zll�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

United States Environmental Protection Agency
pp/� Washington,D.C.20460
Form Approved.
,z PA OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 1 N1 2 1 51 31 NCO032174 1 11 121 10/01/22 117 181 C1 191 g1 20I 11
Remarks I
21H I I I l I I I_I I I I I I 1 I I I I 1 I I I I I I I I I I I I I I I I J ! I i 6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved---------------------
671 1.0 169 701 31 711 1 721 N1 731 I 174 75( � I I I I 180
Section B: Facility Data I _ J
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
United World Mission
11:00 AM 10/01/22 08/09/01
6494 Hudlow Rd Exit Time/Date Permit Expiration Date
Union Mills NC 28167 01:25 PM 10/01/22 13/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Donald Eugene Raisch/ORC/828-287-8996/
Name,Address of Responsible Official/Title/Phone and Fax Number
George Schultz, //704-287-8996/7042870580 Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit in Operations&Maintenance 11 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
t
Signature of Management Q A Reviewer Agency/Off /Phone and Fax Numbers Date
AVAf;.1VI-
, s'
v r'
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
r
Page# 1

NPDES yr/mo/day Inspection Type (con,,
3I NCO032174 I11 121 10/01/22 1
17 18H
Section D: Summary of of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The United World Mission WWTP is a Class I STSF facility, rated at 0.020 MGD, with a 6000 gallon septic
tank with effluent filter; 100 gallon filter tank; 3000 gallon pump tank with filter& pumps; low-pressure,
surface-sand filter, with 4 alternating dosing cells; 1000 gallon holding tank with dual 20 gpm pumps with
alarms; UV disinfection with an emergency overflow diverter to the tablet chlorinator and tablet dechlorinator.
The WWTP discharges to an unnamed tributary to Cherry Creek in the Broad River Basin (sub-basin:
03-08-02), which has a stream classification of WS-IV(Water Supply).
The septic tank is pumped twice a year (in January and July) and was pumped last week.
New sand was recently added to the filter to level out the surface.
There was no discharge at the time of the inspection.
The facility appears to be properly operated and well maintained by Mr. Donald Raisch, ORC, who assisted
in the inspection.
The System Performance Annual Report, for the calendar year 2009, is currently being prepared.by Mr.
Raisch. (Note: Due March 1st, 2010)
Page# 2

Permit: NCO032174 Owner-Facility: United World Mission
,,ection Date: 01/22/2010 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(if the present permit expires in 6 months or less). Has the permittee submitted a new application? n n m n
Is the facility as described in the permit? M n n n
#Are there any special conditions for the permit? n m ❑ n
Is access to the plant site restricted to the general public? E n n n
Is the inspector granted access to all areas for inspection? N n n
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? n n 171
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ n n
Judge, and other that are applicable?
Comment:
Septic Tank Yes No NA NE
(If pumps are used) Is an audible and visual alarm operational? ❑ n n
Is septic tank pumped on a schedule? ❑ n n
Are pumps or syphons operating properly? n n n
Are high and low water alarms operating properly? n n n
Comment:
Sand Filters (Low rate) Yes No NA NE
(If pumps are used) Is an audible and visible alarm Present and operational? is n f^i n
Is the distribution box level and watertight? IM n n n
Is sand filter free of ponding? is n n n
Is the sand filter effluent re-circulated at a valid ratio? ❑ n M n
#Is the sand filter surface free of algae or excessive vegetation? E n n n
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n ❑ n
Comment:
Disinfection - UV Yes No NA NE
Are extra UV bulbs available on site? n n ❑
Are UV bulbs clean? n n n
Is UV intensity adequate? n n n
Is transmittance at or above designed level? n n n
i
Page# 3

Permit: NC0032174 Owner-Facility: United World Mission
Inspection Date: 01/22/2010 Inspection Type: Compliance Evaluation
Disinfection -UV Yes No NA NE
Is there a backup system on site?
n ❑ ❑ \
Is effluent clear and free of solids? n n n
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? n n n
Are the tablets the proper size and type? n n n
Number of tubes in use? 4
Is the level of chlorine residual acceptable? n n n
Is the contact chamber free of growth,or sludge buildup? n 00
Is there chlorine residual prior to de-chlorination? n n m0
Comment: The table chlorinator is used as a back-up system when the UV system is
out of service for cleaning or repairs.
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? a n n
Is storage appropriate for cylinders? n n 12 n \
#Is de-chlorination substance stored away from chlorine containers? n n pi n
Are the tablets the proper size and type? n n n
Comment: The table dechlorinator is used as a back-up system when the UV system
is out of service for cleaning or repairs and when the tablet chlorinator is in service.
Are tablet de-chlorinators operational? n n n
Number of tubes in use? 2
Comment:
Page# 4

A
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
January 29, 2010
Ms. Kally Dotson, Administrator
White Oak Manor
188 Oscar Justice Road
Rutherfordton, NC 28139
SUBJECT: Compliance Evaluation Inspection
White Oak Manor - Rutherfordton WWTP
Permit No: NCO030139
Rutherford County
Dear Ms. Dotson:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection
'conducted on January 22, 2010. The facility was found to be in compliance with permit NC0030139.
Please refer to the enclosed inspection report for additional observations and comments. If you or
your staff have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Rutherford\Wastewater\Minors\White Oak Manor 30139\CE1.01-29-10.doc
\,.`3URFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
" Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NOrthCaroliina
Phone: [phone]\FAX: [phone]\Customer Service: 1-877-623-6748 Naturally
Internet: www.ncwaterguality.org

United States Environmental Protection Agency
Form Approved.
EeJA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type . Inspector Fac Type
1 I NI 2 15I 31 NCO030139 111 121 10/01/22 117 18I CI 19I SI 20I
Remarks I
21I 1 1 1 I I I I I I LI I I I I I I I I I I I I I I ! I I I I I I I I 1 _1___LL_LL.J_J_LLLJ66
Inspection Work Days Facility Self-Monitoring Evaluation Rating 131 QA ---------------------------Reserved----------------------
67I 1.0 169 70131 711 I 72 1 ,1 73 75 80 L� L
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
White Oak Manor- Rutherfordton
01:45 PM 10/01/22 08/09/01
188 Oscar. ,justice Rd Exit Time/Date Permit Expiration Date
Rutherfordton NC 28139 02:45 PM 10/01/22 13/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Jerry Ross Alexander/ORC/864-237-1287/
Name,Address of Responsible Official/Title/Phone and Fax Number
William David Cable,PO Box 1167 Banner Elk NC 286041167//828-898-2��jcied
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit is Operations&Maintenance IN Records/Reports in Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
A 4L
Signature of Management Q A Reviewer Agency/Office hone and Fax Numbers Date
f4
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (Cont,,
3I NCO030139 I11 12� 10/01/22 117 18ICl
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Please forward a copy of this report to your operator and/or contract operating firm (if applicable).
FACILITY DESCRIPTION:
The White Oak Manor- Rutherfordton WWTP is a Class II facility rated as a 0.015 MGD extended aeration
package plant with: an equalization basin, with audible and visual alarms (no bar screen); aeration basin,
with blowers providing diffused air; clarifier with sludge return; aerobic digester; tablet chlorinator; chlorine
contact chamber; tablet dechlorinator and a new (in 2009) Isco bubbler 4230 flow meter with battery
back-up.
PERMIT/ INSPECTION / LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
6-25-2008 by Janet Cantwell.
The permit expires on 7-31-2013. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The daily operator log was present on-site and had good notation of daily events, process control and field
testing data.
TREATMENT UNITS/ PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 15.0 degrees Celsius
pH = 7.8 units -�
Dissolved Oxygen = 1.0 to 1.5 mg/I
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I.
Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal
dissolved oxygen levels.
Settleable Solids = 280 ml/I = 28%
Tip: Using the settleability test, the return sludge pumping rate is usually set so that the
flow rate is approximately equal to the percentage volumes occupied by the settleable solids
from the aeration basin after settling for 30 minutes in a settleometer. For example, a
settleability of 30%would generally indicate a recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping
rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant
cannot handle that return sludge pumping rate, then wasting is probably recommended, unless the
sludge is too young.
Page# 2

Permit: NCO030139 Owner-Facility: White Oak Manor-Rutherfordton
action Date: 01/22/2010 Inspection Type: Compliance Evaluation
uLARIFIER:
In the summer of 2009, the wooden boards that form the two cone-shape cells in the rectangular clarifier
were replaced, after corrosion caused the metal brackets to break, releasing the boards. The flow level was
taken down by pumping the clarifier. Repairs were completed at an approximate cost of$13,000.
EFFLUENT:
The effluent data was as follows:
pH = 7.0 units
Temperature = 15.0 degrees Celsius
Chlorine = <15 ug/I
FLOW MEASUREMENT:
The facility rc-,cently (in 2009) purchased and installed a new Isco bubbler 4230 flow meter with
battery back-up. This meter is calibrated monthly.
The effluent flow was measured at the V-notch weir and compared to the meter, indicating
accuracy.
OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY:
Mr. Jerry Alexander, ORC, assisted in the inspection and appears to be operating and maintaining
the facility very well.
The effluent appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT:
According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal
of the System Performance Annual Report is as follows:
The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste, must provide an Annual Report to its
users or customers and to the Department of Environment and Natural Resources that summarizes
the treatment works' and collection system's performance over a 12 month period.)
The System Performance Annual Performance Report had been filed for the calendar year 2008 by
Water Quality Labs and Operations, Inc.
The System Performance Annual Report, for 2009, is due no later than 60 days of the end of the
reporting period (March 1st).
Report Format:
Page# 3

Permit: NCO030139 Owner-Facility: White Oak Manor-Rutherfordton
Inspection Date: 01/22/2010 Inspection Type: Compliance Evaluation
The following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements. The law states the above mentioned report shall summarize the performance of the
treatment works or collection system and state the extent to which any terms of its permit,
federal laws, or any State laws, regulations or rules related to the protection of water quality
have been violated. In order to meet the spirit of this law, it is strongly suggested that, at
a minimum, the report contain the following information:
I. General Information
• Name of regulated entity and county
• Responsible entity, person or contact with phone number or address
• Listing of applicable permit(s) — NPDES and Collection System permits, etc.
(Note: water plant wastewater dischargers are exempt)
• Description of collection or treatment system or process
ll. Performance
• Description of overall 12-month performance, noting highlights and deficiencies.
• By month, list of the number and type of any violations of permit conditions,
environmental regulations or environmental laws, including (but not limited to):
Permit Limit Violations—list by month and type
Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments
(Illegal) Bypass of treatment facilities*
Sanitary Sewer Overflows (SSOs)*- Dates of SSOs*, Press Releases & Public
Notices (*Note the estimated total monthly volumes and locations of events
in which more than 1,000 gallons of waste reached surface waters.
• Description of any known environmental impact of violations
• Description of corrective measures taken to address violations or deficiencies
III. Notification
• Statement as to how users or customers have been provided access to the report.
IV. Certification
• Statement by a responsible official certifying the report is accurate and complete.
It shall be left to the individual applicable_entities to decide both how much detail above
minimum they wish to provide in the report and how they will provide the report to their users
or customers. This law was established to provide a mechanism for public oversight(and
hopefully, to instill public confidence). Those entities that fall under the scope of this part
of the law are encouraged to be forthcoming in their report and they should provide its readers
a contact where they may view more detailed information.
Submittal:
To satisfy the Departmental reporting requirement, three copies of the report should be
Page# 4

Permit: NC0030139 Owner-Facility: White Oak Manor-Rutherfordton
-ction Date: 01122./2010 Inspection Type: Compliance Evaluation
submitted to the following address:
System Performance Annual Report
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Page# 5

Permit: NCO030139 Owner-Facility: White Oak Manor-Rutherfordton
Inspection[late: 01/22/2010 Inspection Type: Compliance Evaluation
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? n
Does the facility analyze process control parameters, for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge 11 n n n
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? iel n
Is the facility as described in the permit? !_1 n rl
#Are there any special conditions for the permit? n n n
Is access to the plant site restricted to the general public? mn n n
Is the inspector granted access to all areas for inspection? n n n
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual n
b.Mechanical n
Are the bars adequately screening debris? n n 00
Is the screen free of excessive debris? n n m n
Is disposal of screening in compliance? n n n
Is the unit in good condition? n n n
Comment: This facility does NOT have an influent bar screen. The operator has to
manually remove all debris from the equalization basin.
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? ❑ n n
Are surface aerators and mixers operational? n n a n
Are the diffusers operational? ISn n 171
Is the foam the proper color for the treatment process? Im n n n
Does the foam cover less than 25%of the basin's surface? IN n n n
Is the DO level acceptable? n n n
Is the DO level acceptable?(1.0 to 3.0 mg/I) n n ❑
Page# 6

.,ermit: NCO030139 Owner-Facility: White Oak Manor-Rutherfordton
.don Date: 01/22/2010 Inspection Type: Compliance Evaluation
,oration Basins Yes No NA NE
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? n I j n
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ M n
Are weirs level? n n n
Is the site free of weir blockage? n n n
Is the site free of evidence of short-circuiting? n n n
Is scum removal adequate? n n n
Is the site free of excessive floating sludge? n n
Is the drive unit operational? n n w n
Is the return rate acceptable(low turbulence)? n n n
Is the overflow clear of excessive solids/pin floc? 0 n n
Is the sludge blanket level acceptable?(Approximately'/of the sidewall depth) n n n
Comment:
r
'Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ❑ n n
Are the tablets the proper size and type? n n n
Number of tubes in use? 2
Is the level of chlorine residual acceptable? n n n
Is the contact chamber free of growth, or sludge buildup? n n n
Is there chlorine residual prior to de-chlorination? n n n
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ❑ n n
Is storage appropriate for cylinders? n n n
#Is de-chlorination substance stored away from chlorine containers? n ❑ n
Comment:
Are the tablets the proper size and type? n n n
Are tablet de-chlorinators operational? n n n
Page# 7

Permit: NC0030139 Owner-Facility: White Oak Manor-Rutherfordton
Inspection Date: 01/22/2010 Inspection Type: Compliance Evaluation
De-chlorination Yes No NA NE
3
Number of tubes in use?
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? n n n
Are the receiving water free of foam other than trace amounts and other debris? n fl
If effluent (diffuser pipes are required) are they operating properly? n n n
Comment:
Page# 8

NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
oeverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 29, 2010
Garland Norton
Town of Old Fort
PO Box 520
Old Fort NC 287620520
SUBJECT: Compliance Evaluation Inspection
Old Fort WWTP
Permit No: NCO021229
McDowell County
Dear Mr. Norton:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on January 14, 2010. The facility appeared to be in Compliance with permit NC0021229.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828 -296-4500,
Sincerely,
,�
Jeff Menzel
Environmental Specialist
Enclosure
cc:Anthony Glenn West, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 Ill p� NorthCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 //
Internet:www.ncwaterguality.ora S:\SWP\McDowell\Wastewater\Municipal\Old Fort VWVTP 21229 Naturally

United States Environmental Protection Agency
—t A Washington,D.C.20460 Form Approved.
/1 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 �� 2 151 31 NC0021229 111 121 10/01/14 117 181 CI 191 gl 20U
Remarks
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---------------------------Reserved----------------------
67I 169 70 13 I 711 ' 721 NJ 73� ' 174 751 I I I I I I 180
Section B: Facility Data t_u
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Old Fort WWTP
11:30 AM 10/01/14 05/11/01
Catawba Ave US Hwy 70 Exit Time/Date Permit Expiration Date
Old Fort NC 28762 12:30 PM 10/01/14 10/01/31
Name(s)of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data
Anthony Glenn West/ORC/828-668-4561/
Name,Address of Responsible Official/Title/Phone and Fax Number
Garland Norton, /// Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Flow Measurement E Operations&Maintenance Records/Reports
Self-Monitoring Program 0 Sludge Handling Disposal ®Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/ )/hr_ //v
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Jm 3560-3(Rev 9-94)Previous editions are obsolete.
i
Page# 1

NPDES yr/mo/day Inspection Type
3I NCO021229 I11 12I 10/01/14 1
17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
No violations of permit requirements or applicable regulations were observed during this inspection. This
facility appears to be well maintained and operated.
Page# 2

Permit: NCO021229 Owner-Facility: Old Fort WVVTP
action Date: 01/14/2010 Inspection Type: Compliance Evaluation
Record Keepinq Yes No NA NE
Are records kept and maintained as required by the permit? ® n ❑ n
Is all required information readily available,complete and current? ® n f1 ❑
Are all records maintained for 3 years(lab. reg. required 5 years)? ® ❑ n n
Are analytical results consistent with data reported on DMRs? ® 01111
Is the chain-of-custody complete? ® n n n
Dates,times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete:do they include all permit parameters? 0 n n n
Has the facility submitted its annual compliance report to users and DWQ? ® n n n
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ® ❑ n n
Is the ORC visitation log available and current? ® n n n
Is the ORC certified at grade equal to or higher than the facility classification? ® ❑ ❑ n
Is the backup operator certified at one grade less or greater than the facility classification? ® ❑ n n
Is a copy of the current NPDES permit available on site? ® n n n
Facility has copy of previous year's Annual Report on file for review? ® n n
Comment: This facility was found to be keeping good records.
Bar Screens Yes No NA NE
Type of bar screen
a.Manual n
b.Mechanical
Are the bars adequately screening debris? ® n n n
Is the screen free of excessive debris? ® ❑ ❑ n
Is disposal of screening in compliance? ® ❑ n ❑
Is the unit in good condition? ® n n n
Comment:
Page# 3

Permit: NCO021229 Owner-Facility: Old Fort WWTP
Inspection Date: 01/14/2010 Inspection Type: Compliance Evaluation
Permit Yes--No--.,,NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ❑
Is the facility as described in the permit? w ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ❑ ■ ❑
Is access to the plant site restricted to the general public? ® ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? n n n
Comment:
Operations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? a n ❑
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 10 ❑ ❑ ❑
Judge, and other that are applicable?
Comment: The grounds are in good order.
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ® ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? m n ❑ n
Are weirs level? ® ❑ n ❑
Is the site free of weir blockage? ® ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ® ❑ n n
Is scum removal adequate? ® n ❑ n
Is the site free of excessive floating sludge? ® ❑ ❑ n
Is the drive unit operational? 0 ❑ ❑ El
Is the return rate acceptable(low turbulence)? ❑ ❑ ❑ ■
Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ n
Is the sludge blanket level acceptable?(Approximately of the sidewall depth) ❑ ❑ ❑ ■
Comment:
Disinfection-Liquid Yes No NA NE
Is there adequate reserve supply of disinfectant? ® ❑ ❑ ❑
(Sodium Hypochlorite)Is pump feed system operational? ® ❑ n ❑
Is bulk storage tank containment area adequate?(free of leaks/open drains) ® ❑ ❑ ❑
Is the level of chlorine residual acceptable? ® ❑ ❑ ❑
Is the contact chamber free of growth, or sludge buildup? ® ❑ ❑ ❑
Page# 4

Permit: NCO021229 Owner-Facility: Old Fort WWTP
action Date: 01/14/2010 Inspection Type: Compliance Evaluation
Disinfection-Liquid Yes No NA NE
Is there chlorine residual prior to de-chlorination? ■ ❑ n n
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ■ n ❑ n
Is sample collected below all treatment units? ■ o n n
Is proper volume collected? ■ n n
Is the tubing clean? ■ n n n
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n n n
Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ n n n
Comment:
Upstream/Downstream Sampling Yes No NA NE
Is the facility sampling performed as required by the permit(frequency, sampling type,and sampling location)? ■ n 011
Comment: The inspector observed the upstream/downstream sampling and found it to
be within compliance with the permit.
Page# 5

;-
J
'��,

M
fA
INCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 29, 2010
Jerry G McKinney
Coats American Inc
P.O. Box 368
Marion North Carolina 28752
SUBJECT: Compliance Evaluation Inspection
Sevier Plant
Permit No: NC0004243
McDowell County
Dear Mr. McKinney:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on January 13, 2010. The facility appeared to be in Compliance with permit NC0004243.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff M nzel
Environmental Specialist
Enclosure
cc: Phillip Charles Pittman, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa, NC 28778 )iJ f, No thCarolina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �R�Caroli +
Internet:www.ncwaterauality.org S:\SWP\McDowell\Wastewater\Industrial\Coats 04243 j�

United States Environmental Protection Agency Form Approved.
/�
Washington,D.C.20460
PA OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NC0004243 1 11 121 10/01/13 117 181 c1 19I �1 20I 11
Remarks I1.-
211 1 1 1 1 1 I I I I I I I I I I I I J I I I I I I I I I I I I I I I I I I I I I I I I I I 116
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------------------Reserved----------------------
671 1 69 70131 711_1 721 NI 73I I 174 751 1 1 1 1 1 1 1 80
Section B: Facility Data t�
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
Sevier Plant
11:00 AM 10/01/13 05/09/01
US Hwy 221 N Exit Time/Date Permit Expiration Date
Marion NC 28752 1.2:00 PM 10/01/13 09/12/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Phillip Charles Pittman/ORC/828-756-41.11/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Jerry G McKinney,PO Box 368 Marion NC 28752.//828-'756-41.11/82883'7576'/
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Flow Measurement ■Operations& Maintenance ®Records/Reports
Self-Monitoring Program 0 Sludge Handling Disposal Facility Site Review ®Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jeff Menzel ARO WQ//828-296-4500/ )/z �C/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-2.96-4500/
•a to r�
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type
3I NC0004243 I11 12) 10/01/13 1
17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The plant appears to be operating well. The facility is continuing the necessary maintenance on the
secondary clarifier to bring it back to working order. No violations of permit requirements or applicable
regulations were observed during this inspection.
Page# 2

Permit: NC0004243 Owner-Facility: Sevier Plant
,eetion Date: 01/13/2010 Inspection Type: Compliance Evaluation
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO,Sludge ■ n n n
Judge,and other that are applicable?
Comment: The grounds around the treatment plant are well maintained.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ ❑
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? n n ■ ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ n
Comment:
Lagoons Yes No NA NE
Type of lagoons? Aerated
#Number of lagoons in operation at time of visit? 1
Are lagoons operated in? Series
#Is a re-circulation line present? ❑ ❑ ■ ❑
Is lagoon free of excessive floating materials? ■ ❑ n ❑
#Are baffles between ponds or effluent baffles adjustable? ❑ ❑ ■ ❑
Are dike slopes clear of woody vegetation? ■ ❑ ❑ ❑
Are weeds controlled around the edge of the lagoon? ■ n ❑ ❑
Are dikes free of seepage? n n n ■
Are dikes free of erosion? ■ n ❑
Are dikes free of burrowing animals? ❑ ❑ n ■
#Has the sludge blanket in the lagoon(s)been measured periodically in multiple locations? ❑ ❑ ■ ❑
#If excessive algae is present, has barley straw been used to help control the growth? ❑ ❑ ■ ❑
Is the lagoon surface free of weeds? ■ n ❑ ❑
Is the lagoon free of short circuiting? ■ ❑ ❑ ❑
Comment:
Secondary Clarifier Yes_No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑
Page# 3

A
Permit: NC0004243 Owner-Facility: Sevier Plant
Inspection Date: 01/13/2010 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of excessive buildup of solids in center well of circular clarifier? N n n n
Are weirs level? m ❑ n n
Is the site free of weir blockage? n ❑ ■ n
Is the site free of evidence of short-circuiting? ■ n ❑ ❑
Is scum removal adequate? n Q ❑ m
Is the site free of excessive floating sludge? n D n
Is the drive unit operational? ❑ fl n
Is the return rate acceptable(low turbulence)? Cl Cl El �
Is the overflow clear of excessive solids/pin floc? (l ❑ n
Is the sludge blanket level acceptable?(Approximately of the sidewall depth) n n n
Comment: The surface of the clarifier was frozen at the time of inspection because of
this the drive unit on the clarifier was turned off. A follow-up will be done to verify if this
unit is working. The second clarifier was offline at the time of inspection.
Flow Measurement-Effluent Yes No NA NE
11
#Is flow meter used for reporting? Cl 0
Is flow meter calibrated annually? n fl n
Is the flow meter operational? ❑ ❑ n
(If units are separated)Does the chart recorder match the flow meter? ❑ ❑ n
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? N n 0
Is sample collected below all treatment units? 0 ❑ Cl ❑
Is proper volume collected? n
Is the tubing clean? Cl n n
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n n
Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ ❑ ❑ ❑
Comment: Currently the plant is averaging 0.7 MGD. Field parameters taken on the
day of inspection were pH 7.1, TRC 22 ug/L, and temperature was 2 Celsius.All
measurements were within range of permit parameters.
Yes No NA NE
Effluent Pipe
Is right of way to the outfall properly maintained? ❑ El n
Page# 4

Permit: NC0004243 Owner-Facility: Sevier Plant
pection Date: 01/13/2010 Inspection Type: Compliance Evaluation
Effluent Pipe Yes No NA NE
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ 0
If of fluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ fl
Comment:
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