DWR SWP Read File Archive Feb 2011

NCDE11R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 1, 2011
Mr. Edwin E. Morrow
M-B Industries Inc.
P.O. Box 1118
Rosman, North Carolina 28772
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0029
Permit No. NC0000311
M-B Industries WWTP
Transylvania County
Dear Mr. Morrow:
A review of M-B Industries WWTP's monitoring report for July 2010 showed the following violations:
Parameter Date Measuring Frequency Violation
Flow, Continuous 07/01/2010 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 for the non-compliance. If the above parameter was left off
inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the
address found on the front page of your DMR and also a copy to this office.
"Operator Arrival", "Operator Time on Site" and "ORC on Site"were also missing from the DMR. Please
begin using the required reporting protocol and send an amended DMR within 10 business days of receipt of this
letter with the missing information to Raleigh at the address found on the front page of your DMR.
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. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
- DWQ Central Files
Jerry Hoyt/ORC
NoorthCarolina
Sr\SWPlTransylvania\Wastewater\lndustrialtM-B Industries 00311\NC?V-2011-MV-0029-doc N({turally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho e(828)299_7000 1 877-62 Service
Internet: www.ncwaterguality.org

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
February 1, 2011
Ms. Marisue Hilliard, Forest Supervisor
USDA U.S. Forest Service
160 -A Zillicoa Street
Asheville, North Carolina 28801-1082
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0034
Permit No. NCO020478
Lake Powhatan Recreation Area WWTP
Buncombe County
Dear Ms. Hilliard:
A review of Lake Powhatan Recreation Area's WWTP monitoring report for July 2010
showed the following violations:
Parameter Date Limit Value Reported Limit Type
Value
Coliform, Fecal MF, M- 07/31/2010 400 600 #/100ml WeeGeometric
FC Broth,44.5C #/100ml
Mean
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
Fecal Coliform 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
It was noted on your DMR that a value of">" 19.4 for BOD was reported on 7/29/2010. This
>" value does not demonstrate compliance for BOD.
Use of "Greater Than" Values:
"Such values are only expected(infrequently)in the reporting of Fecal Coliform and(even less
frequently) BOD."
NorthCarohna
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North Carolina Division of Water Quality 2090 U.S.Highway 70 swannanoa,N.C. 28778 ho e(828)299-4500 1 Customer
Service
Internet: www ncwaterguality.orp FAX

Ms. Marisue Hilliard
February 1, 2011
Page 2
l
"For both fecal coliform and BOD, the generation of a "greater than" value usually occurs
when characteristics of the effluent differ from what is normally discharged. If laboratories "set
up" the test procedures based upon normal conditions, they may not have the capacity to get an
accurate measurement of higher fecal coliform or BOD concentrations, hence the reported
"greater than"value. If you are suspicious or aware of conditions at your plant that cause you to
believe effluent pollutant concentrations are beyond their normal levels, you should inform your
laboratory of your concern so modifications to testing procedures can be made."
Please contact Gary Francies or Jason Smith of the DWQ Laboratory Certification Branch at
828-296-4677 for proper laboratory reporting procedures.
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. If you should have
any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Gary Francies/Jason Smith/ Lab Certification
James & James Environmental/ ORC
S:\SWP\Buncombe\Wastewater\Minors\Lake Powhattan 20478\NOV-201 1-LV-0034.doc
-

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
February 1, 2011
Calvin West
Hubbell Distribution, Inc.
20 Glenn Bridge Road
Arden,NC 28704
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Hubbell Distribution, Inc.
NOV-2011-PC-0080
401 Water Quality Certification(WQC) Conditions
Buncombe County
Response deadline: February 18, 2011
Dear Mr. West:
On January 20, 2011, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality(DWQ) conducted a site inspection at the Hubbell Mid-Atlantic Service Center on Glenn
Bridge Road in Buncombe County.
As a result of the site inspection and review of the U.S. Army Corps Engineers 404 Permit
Verification,the following violations were identified:
VIOLATIONS
I. 401 WQC Condition Violations - The WQC deemed issued for the project impacts
specified that the activities must follow all conditions listed therein. The following
condition violations were noted:
Condition 9—Placement of Culverts and Other Structures in Waters and Wetlands
Placement of culverts and other structures in waters, streams, and wetlands must 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.
Any rip-rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NO ffiCarohna
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 Naturally
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Internet: www.ncwaterquality.org �/ V / 1`
An Equal Opportunity 1 Affirmative Action Employer

Calvin West
February 1,2011
Page 2 of 2
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip-rap or other bank hardening
methods.
Condition 3—No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters outside of
the permitted impact areas without prior approval from the Division.
REQUIRED RESPONSE
The DWQ requests that you respond by February 17, 2011. Your response should be sent to the
attention of Chuck Cranford, Division of Water Quality,2090 US HWY 70, Swannanoa,NC
28778 and should address the following items:
I. 401 Water Quality Certification Condition Violations
1. Explain how the WQC Condition 9 shall be met.
2. Explain the steps to be taken in order to comply with WQC Condition 3.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at(828)296-
4664.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Enc: GC3687
cc: ARO File Copy
Mary Angelicola—EMC, Inc. P.O. Box 2087, Shelton, CT 06464
Thomas Volkmar—Volkmar Consulting Services, LLC. P.O. Box 2485, Goose Creek, SC
29445
Buncombe County Planning
WBSC&P Unit
S:\SWP\Buncombe\401s\Non-DOT\Hubbell\NOV-2011-PC-0080.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
February 1, 2011
Mr. G. Frederic Tingle
Royal Oaks Inc.
200 Golfwatch Road
Canton, North Carolina 28716
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0030
Permit No. NCO040355
Springdale Country Club WWTP
Haywood County
Dear Mr. Tingle:
A review of Springdale Country Club WWTP's monitoring report for August 2010 showed the
following violation:
Parameter Date Measuring- Violation
Frequency
Continuous Flow 08/31/2010 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 for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
- cc: DWQ Asheville Files
DWQ Central Files
Goldie &Associates/ ORC
I�orthCarolina
S:\SWP\Haywood\Wastewater\Minors\Springdale Country Club 40355\NOV-2011-MV-0030.doc �l hCaro n
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 FA e(828 299-7043 1 877 623-6748500 customer e
Internet: www ncwatergualitv.ora

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NCDGNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 2, 2011
Ms. Cathy Childrey
Henderson's Assisted Living
P.O. Box 1029
Marion, North Carolina 28752-1029
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0037
Permit No. NCO071897
Henderson's Assisted Living WWTP
Henderson County
Dear Ms. Childrey:
A review of Henderson's Assisted Living WWTP's monitoring report for August 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20 Deg. C) - 08/17/10 7.5 mg/I 14.4 mg/I Daily Maximum
Concentration Exceeded
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 for the non-compliance.
The "Monthly Limit"column at the bottom of Henderson's Assisted Living's DMR has BOD listed as
"10mgA monthly and 15mg11 daily." Your NPDES Permit states: "BOD limits for 4/1 thru 10/31 are 5.omg11
monthly and 7.5mg// daily, and 11/1 thru 3/31 are 10mg/1 monthly and 15mg/1 daily." Please make the
appropriate corrections on future DMRs.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:1SWP1Henderson1V17ostewater\Minorslt-ienderson's Assisted Living 718971NCV-2011-I_V-0037.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.ncwaterauality.orp FAX [phone] 1-877-623-6748

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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
February 2, 2011
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-201 1-LV-0035
Permit No. NCO073814
North Buncombe Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of North Buncombe Elementary School's WWTP monitoring report for September 2010
showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total 09/30/2010 7.4 mg/I 7.88 mg/I Monthly
(as N) - Concentration Average
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
828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ORC
S:\SWP\Buncombe\Wastewater\Minors\North Bunc Elem Sch 73814\NOV-2011-LV-0035.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.ncwaterguality.ora FAX [phone] 1-877-623-6748

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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
February 2,2011
Mr. J. J. Swain,Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection
DWQ Project 10-0125
TIP No.R-2824
NCSR 1546 (Lovelady Road)
Burke County
Dear Mr. Swain:
On January 27, 2011, I inspected the construction work on TIP Project No.R-2824,NCSR 1546(Lovelady
Road)in Burke County. The new bridge has almost been completed and some grading it taking place on the
west side of the bridge.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also, please refer to the attached inspection report for
any specific items rioted during the inspection.
If you have questions, please call me at 828-296-4500.
Sincerely,
/ s
Michael R.Parker
Environmental Senior Specialist
Attachment
cc:Brian C. Skeens,PE
Roger Bryan, Division 13,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
R-2824 NCSR 1546 January 2011 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarollna
Internet:www,ncwaterquality.orp
An Equal Opportunity 1 Affirmative Action Employer

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Hoyle Creek and an unnamed tributary to Hoyle Creek
Basin/Subbasin: CTB 040302
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I X❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
❑Riprap Inlet/Outlet Stabilization ❑Fill
Authorized Wetland Impacts: ❑0— 1/loth acre ❑1/1Ith to 1/3rd acre
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
The temporary bridge has been constructed and work on the new bridge has almost been completed.
Some grading work has started on the west side of the bridge.
Sediment and erosion control structures appear to be in good shape.
Continue to maintain erosion control devices and seed and mulch areas as required.
R-2824 NCSR 1546 Inspection Report January 2011

AV
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 2, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7009 1680 0000 7515 2366
Mr. James J. Schenker, Environmental Associate
T A Operating LLC
24601 Center Ridge Road
Westlake, Ohio 44145-5634
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 NCO085952
T A Operating LLC
Candler Travel Center WWTP
Case No. LV-2011-0029
Buncombe County
Dear Mr. Schenker:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$417.00
($350.00 civil penalty+ $67.00 enforcement costs) against T A Operating LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by T A Operating LLC for the month of July 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0085952. The violations which occurred in
July 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that T A Operating LLC violated the
terms, conditions or requirements of NPDES Permit NCO085952 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 Enviromnent 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 T A Operating LLC:
One
NorthCarolina
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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.orp

1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0085952, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
$350.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$417.00 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; andi
(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

.,earing 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 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 C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James & James Environmental/ORC w/attachments
5:,y t�:l'it,3n orrzbe ' ste�rt r, tin.rs�C.'and l es Travcl CenCcr 8595TILV-201'i-UQ29.(It 1C

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0029 County: Buncombe
Assessed Party: TA Operating LLC/Candler Travel Center
Permit No. : NC0085952 Amount Assessed: $417.00
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 ENVIRONMENT
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
TA OPERATING LLC/CANDLER TRAVEL )
PERMIT NO. NCO085952 ) FILE NO. LV-2011-0029
Having been assessed civil penalties totaling $417.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 2, 2011, 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
3everly Eaves Perdue Coleen H,Sullins Dee Freeman
Governor Director Secretary
February 2, 2011
MEMORANDUM
TO: Dionne C. Brown,Bridge Project Planning Engineer,NCDOT
FROM: Michael R. Parker,NCDWQ,Asheville Regional Office
SUBJECT: Bridge Scoping Review Comments
B-4778 Bridge No. 8,McDowell County
B-5395 Bridge No. 577,Rutherford County
B-5396 Bridge No. 416,Buncombe County
In reply to your letter dated December 20, 2010 in which you requested comments for the above
referenced projects,the NCDWQ offers the following:
Project Specific Comments
B-4778 Bridge No.8 over Hoppers Creek,McDowell County
1. Hoppers Creek is class C waters of the State.
2. There is a tributary that flows parallel to NCSR 1769 and is behind the sub-station. There appears to
be some wetlands associated with this stream up and downstream of NCSR 1768 which leads off of
NCSR 1769.
2. When doing the site visit it was noted that there is a beaver dam immediately upstream of the bridge.
The McDowell County Bridge Unit has been advised of this beaver dam.
4. There is,a stream restoration site just upstream of this bridge and may be managed by the NC Wildlife
Resources Commission or the NC Ecosystem Enhancement Program.
B-5395 Bridge No. 577 over Hunting Creek,Rutherford County
1. Hunting Creek is class WS-V waters.
2. NCDWQ has no specific comments for this bridge project. intersection of NCSR 1145 and NCSR
1163, on the downstream side of NCSR 1163 adjacent to an unnamed tributary to Pine Creek.
B-5396 Bridge No.416 over Stony Fork,Buncombe County
1. Stony Fork is classified C-Trout waters. NCDWQ recommends that the most protective sediment and
erosion control BMP's be implemented to reduce the risk of turbidity violations in trout waters. In
addition,all disturbances within trout buffers shall be conducted in accordance with the NC Division
of Land Resources and NC Wildlife Resources Commission.
>JRFACE WATER PROTECTION SECTION-Asheville Regional Office One 2090 U.S.Highway 70,Swannanoa,North Carolina 28778-8211 NOrthCarollna
Phone:[phone] FAX:[phone] �R��1►Q�`�/
Customer Service:1-877-623-6748 i//
Internet:www.ncwaterquality.org
An Equal Opportunity\Affirmative Action Employer

2. Should NC Wildlife Resources Commission(NCWRC)identify these waters as naturally reproducing
trout waters,NCDOT will be required to observe the NCWRC recommended moratoria for trout. In
additions,NCDWQ will require that NCDOT strictly adhere to North Carolina regulations entitled
"Design Standards in Sensitive Watersheds" [15A NCAC 04B .0124]throughout design and
construction of the project. -
General Comments Regarding Bridge Replacement Projects
1. In accordance with the Environmental Management Commission's Rules {15A NCAC 2H.0506 (h)},
mitigation will be required for impacts of greater than 150 linear feet to any single perennial or
intermittent stream. In the event that mitigation is required,the mitigation plan shall be designed to
replace appropriate lost function and values. The NC Ecosystem Enhancement Program may be
available for use as stream mitigation.
2. Future documentation, including the 401 Water Quality Certification Application, shall continue to
include an itemized listing of the proposed wetland and stream impacts with corresponding mapping.
3. NCDWQ is very concerned with sediment and erosion impacts that could result from these projects.
NCDOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts.
4. NCDOT is respectfully reminded that all impacts, including but not limited to,bridging, fill,
excavation and clearing,to jurisdictional wetlands, streams and riparian buffers need to be included in
the final impact calculations. These impacts, in addition to any construction impacts,temporary or
otherwise, also need to be included as part of the 401 Water Quality Certification Application.
5. Where streams must be crossed,the DWQ prefers bridges be used in lieu of culverts. However,we =-'
realize that economic considerations often require the use of culverts. Please be advised that culverts
should be countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover,
in areas where high quality wetlands or streams are impacted, a bridge may prove preferable. When
applicable,NCDOT should not install the bridge bents in the stream,to the maximum extent
practicable.
6. Sediment and erosion control measures should not be placed in wetlands or streams.
7. Borrow/waste areas should avoid wetland to the maximum extent practical. Impacts to wetlands in
borrow/waste areas will need to be presented in the 401 Water Quality Certification and could
precipitate compensatory mitigation.
8. The 401 Water Quality Certification application will need to specifically address the proposed
methods for stormwater management. More specifically, stormwater shall not be permitted to
discharge directly into streams or surface waters.
9. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water
quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final
permit authorization will require the submittal of a formal application by the NCDOT and written
concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate
avoidance and minimization of wetland and stream impacts to the maximum extent practical,the
development of an acceptable stormwater management plan and the inclusion of appropriate
mitigation plans where appropriate.
i

Id. If foundation test borings are necessary; it shall be noted in the document Geotechnical work is
approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey
Activities.
11. Whenever possible,NCDWQ prefers spanning structures. Spanning structures usually do not require
work within the stream or grubbing of the stream banks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges shall allow for human and
wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not
be blocked. Bridge supports(bents)should not be placed in the stream when possible.
12. Bridge deck drains shall not discharge directly into the stream. 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
NCDWQ's Stormwater Best Management Practices.
13. 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.
14. 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.
15. 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.
16. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
% NCDWQ in this certification.
17. All bridge construction shall be performed from 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.
18. 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.
19. 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.
20. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. This equipment
shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,
lubricants,hydraulic fluids,or other toxic materials.
21. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species shall be planted. When using temporary structures the area shall be
cleared but not grubbed. Clearing the area with chain saws,mowers, bush-hogs,or other mechanized

equipment and leaving the stumps and root mat intact allows the area to re-vegetate naturally any
minimizes soil disturbance.
22. Sediment and erosion control measures sufficient to protect water resources must be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control -
Planning and Design Manual and the most recent version of NCS000250.
23. In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with
road closure. If road closure is not feasible, a temporary detour shall be designed and located to avoid
wetland impacts,minimize the need for clearing and to avoid destabilizing stream banks. If the
structure will be on a new alignment, the old structure shall be removed and the approach fills removed
from the 100-year floodplain. Approach fills shall be removed and restored to the natural ground
elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall
not be used in riparian areas.
General Comments if Replacing the Bridge with a Culvert
1. 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.
2. If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage.
3. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures shall be properly designed, sized
and installed.
Thank you for the opportunity to provide comments at this time. NCDOT is reminded that issuance of a
401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality
standards are met and designated uses are not degraded or lost. If you have any questions or require
additional information, please contact Mike Parker at 828-296-4500.
cc: Lori Beckwith, USACE, Asheville Field Office
Garry Moore,NCDOT,Division 13 Bridge Manager
Roger Bryan,NCDOT, Division 13 Environmental Officer
Marla Chambers,NCWRC
Transportation Permitting Unit
Scoping Comments of B-4778,B-5395and B-5396

WC-6ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 3, 2011
Mr. Michael Molling
USDI National Park Service
199 Hemphill Knob Road
Asheville, North Carolina 28803
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0032
Permit No. NCO072729
Mount Pisgah Lodge & Recreation Area WWTP
Haywood County
Dear Mr. Molling:
A review of Mount Pisgah Lodge& Recreation Area WWTP's monitoring report for July 2010 showed the
following violations:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending Twice Weekly Failure to Monitor
07/03/2010
Compliance Issue:
DMRs are required to be signed by the permittee. January, February,April, May,July,
August and October, dated 2010, have not been signed and dated by the permittee.
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 for the non-compliance. If the above Total Residual Chlorine
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this
letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Also send
signed copies of the DMRs listed above.
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. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 8281296-4500.
Sincerely,
Rogef C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Henry Keefer/ORC
S:1SWPtHaywood',Waste,NatertMinors\Mt.Pisgah Lodge$Rec Area 72729tNOV-2011-M\/-0032.doc NorthCarolina
Natmrally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www ncwateLgualitv.orci FAX [phone] 1-877-623-6748

AMVI�1
NCDGNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 3, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2373
Mr. Andrew G. Bradley, VP, Environmental Affairs
Unimin Corporation
258 Elm Street
New Canaan, Connecticut 06840
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0031
Permit No. NC0000175
Outfall 002
Quartz Operation
Mitchell County
Dear Mr. Bradley:
A review of Quartz Operation's Outfall 002 monitoring reports for October 2010, September.2010,
August 2010, July 2010, June 2010, May 2010, April 2010, March 2010, February 2010 and January
2010 showed the following violations:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru January 2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru February 2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru March 2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru April 2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru May 2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru June 2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or.thru July 2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thru August 2010 Continuous Failure to Monitor
One
treatment plant Northcarolina
�aturallr�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
'; Internet: www.ncwaterguaiity.org FAX [phone] 1-877-623-6748

Mr. Andrew G. Bradley
February 3, 2011
Page 2
Flow, in conduit or thru September 2010 Continuous Failure to Monitor
treatment plant
Flow, in conduit or thr 1 October 2010 Continuous Failure to Monitor
treatment plant
Compliance Issue
An Approved Discharge Monitoring Report Form (DMR) is required for each
discharge outfall and each DMR has a second or back/Compliance Status page which is
required to be signed by the permittee. This second Compliance Status/Signature page
is missing from each of the DMRs for Outfall 002.
Please send amended DMRs for the months described above including the back page with the
Compliance Status signed by the permittee within 10 business days of receipt of this letter to Raleigh
at the address found on the front page of your DMR and also copies to this office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Jeff Ferguson/ Unimin
S:\SWP\MitcheNiWastewater\lr}dListrial\Unirrrirf Quartz 001751NOV-2011-MV-0031.doc

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
February 3, 2011
Board Members
Toe River Valley Watch
P.O. Box 252
Penland, NC 28765
Dear Board Members:
After several informative, open and constructive meetings with the originating core group of
participants in the North Toe River Watershed Restoration project, a promising approach to
launching a Coalition, supported by a 319 Grant, has been developed. Soon to follow will be the
first stakeholder meeting to enlist the knowledge, wisdom, energy and participation of the wide
spectrum of community members interested in water resources, economic sustainability and the
quality of life found in your watershed.
Your organization is central to the approach and should benefit greatly with additional resources
(human as well as financial),while providing the community with a grass-roots, integrated
coalition focused on the surface water resources all of us wish to protect.
The 319 Grant application, still in development, is intended to support on-the-ground projects,
education and outreach and a watershed coordinator position. This combination of elements
should bring about increased awareness of water resource issues, resource protection, as well as
water quality improvements. Management of the grant is to be a coordinated effort between
TRVW and the Blue Ridge Resource, Conservation and Development Council. TRVW will be
the applicant with Blue Ridge RC&D providing administrative support. This approach utilizes
certain strengths of each organization, particularly relieving TRVW of some of the administrative
duties that can be quite consuming, and promises to be beneficial to each organization.
The upcoming stakeholder meeting will be the official launch of the coalition effort and promises
to be exciting and informative. New relationships will be launched and old ones fortified. The
process will be interactive, intended to gather ideas and highlight the common ground that exists
among all community members. The initial meeting will only be preliminary work, setting the
stage for the coalition to work closely together in future meetings, where you will develop goals,
action plans and projects—uniting to protect waters and support the community.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One 1
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 �turall�
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Toe River Valley Watch
February 3,2011
Page 2 of 2
Gathering together a large group of stakeholders from various backgrounds and life experiences
is not always easy and brings certain challenges. However, by doing so,the coalition will be ;
stronger and more effective, utilizing the different skills and insight from the variety of
participants,to focus on the common ground we know exists: quality water, economic
sustainability and community. From what we have seen, stronger commonalities and focused
energies may not be found anywhere else in western North Carolina at present.
Development of the coalition will be self-determined, stakeholder focused and highly
collaborative. Facilitative and technical support will be provided by certain agencies; including
the Division of Water Quality and U.S. Fish and Wildlife Service. However, creation of the
coalition—its organizational structure, mission and purpose will come from the members. The
TRVW is uniquely situated to be the central core of the coalition and we are very excited about
the opportunity this provides to you, as well as the energy, investment and knowledge you bring
to the group.
We look forward to assisting in the stakeholder meetings, providing technical assistance and
supporting water quality initiatives across the watershed at every opportunity.
Sincerely,
of -
Chuck Cranford
Ed Williams

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 4, 2011
Mr. Glen Foster, Director, Global Environmental
Tyco Electronics Corporation
P. O. Box 3608
MS 140-42
Harrisburg, Pennsylvania 17105
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0036
Permit No. NCO033227
Tyco Electronics Corporation WWTP
Buncombe County
Dear Mr. Foster:
A review of Tyco Electronics Corporation's monitoring report for July 2010 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Dissolved Oxygen Week ending 07/03/2010 Weekly 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 for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Bill Lyman/Tyco Plant Manager
James & James Environmental/ORC
No�rthCarolina
S.\SWP\BLincor,,he\Wa:ste.w ter\lndusirial\Tyco Electronics Corp 33227\NOV-2011-MV-0036_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] 1-877-623-6748

i
�`
'c

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 4,2011
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C.Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
US Highway 25
DWQ Project 08-1754
TIP No. R-505
Henderson County
Dear Mr. Setzer:
On February 3, 2011, I inspected the construction work on US Highway 25 between Interstate 26 and NC
Highway 225 in Henderson County. All of the construction work has shut down until March except for the
new bridge over US Highway 176. The inspection found that recent rains had impacted a few areas with
sediment loss mainly located in roadway ditches and near the entrance to culverts.
Please ensure that all sediment and erosion control structures are repaired and maintained and that seeding and
mulching are performed as needed to protect downstream waters. All sediment and erosion control devices
should be checked and maintained during the construction shut down. Please refer to the attached copy of the
inspection report for additional comments regarding the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
;K;
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis,Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
US 25 Inspection Letter February 2011
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S,70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NQrthCarol.ina
Internet:www.ncwatergualitv.orp ����JN�//I,
An Equal Opportunity\Affirmative Action Employer ii `IIJ�/

DWQ Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: February 3,2011
County: Henderson Region: FAsheville
DOT Division: FDivision 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1754 NW Permit#: fP#:
Project Name: U S Highway 25-1-26 Connector R-505
Location of Project: US Highway 25 from NC 225 near Zirconia to Interstate 26 in Henderson County
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
❑ Bridge ❑ Stearn Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone 1 Est AcresF_7�= ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes [-]No Est linear ft/acreage of buffer impact ft/ ac
❑
Zone 2: ❑Yes No Est linear ft/acreage of buffer impacti ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation❑Prohibited

D_ WO Site Visits for DOT Proiects
Background Info
Name of Waterway(s): Laurel Creek, Green River,Bat Fork,King Creek, Freeman Creek,
Lake Summit,Hill Branch,Jones Branch, Mill Creek,Laurel Branch,
Jones Creek
Basin/Subbasin: Broad 030501
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW X❑Trout ❑WS-III ❑NSW
X❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X00— 1/10"'acre ❑1/11d'to 1/3rd acre
❑1/3rd to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 1,346 linear feet
Additional comments:
Construction work on the project has shut down until March except for the new bridge over US 176.
Several areas were noted where recent rains had caused rutting in ditch lines and near culverts. These areas
should be repaired.
Continue with seeding and matting as required to protect State surface waters.
Ensure that all sediment and erosion control devices are checked and maintained during the construction shut
down.
US Highway 25 Inspection February 2011
i
Ji

RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 4,2011
Mr.J.B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 2$779
Subject: Inspection-NCSR 1890
Hungry Creek Road
DWQ Project 09-1205
TIP No.B-2988
Haywood County
Dear Mr. Setzer:
On February 3, 2011,I inspected the construction work at the new bridge site on NCSR 1890,Hungry Creek
Road in Haywood County. Approximately one half of the new bridge has been constructed and traffic is
scheduled to be rerouted to the new section within the next week.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. A copy of the inspection report is attached
to this letter.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Mitchell Bishop,P.E.
Mark Davis,Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1890 B-2988 Inspection Letter February 2011
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] �TOne 1
Customer Service:1-877-623-6748 1vOf�i CarofiI1a
Internet:www,ncwaterguality.org AM //LJ/
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DWO Site Visits for DOT Proiects
Field Sheet
DWQ representative: Michael R.Parker Date: February 3,2011
County: Polk Region: Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 09-1205 NW Permit#: 23 and 33�� IP#:
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Project Name: NCSR 1890 Hungry Creek Road B-2988
Location of Project: From the intersection of NC Hwy 110 and US Hwy 276 south of Canton,NC travel
approximately 5 miles. NCSR 1890 is on the left side of US 276.
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns(DWO):
X❑Bridge ❑ Steam Standards Violation
❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑Bank Stabilization
X❑ Other Temp. Causeway
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
E:==
❑ Zone I Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable []Allowable w/mitigation❑Prohibited

DWQ Site Visits for DOT Projects
Background Info
Name of Waterway(s): East Fork Pigeon River
Basin/Subbasin: French Broad River 040305
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB
❑Class C ❑ORW X❑Trout X❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA FICA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: ❑0— 1/10`h acre ❑1/11`h to 1/3rd acre
❑1/3`d to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Reviewed project with DOT on-site inspector.
Approximately one half of the new bridge has been completed and traffic should be rerouted to the new section
within the week.
On the east side of the bridge there is an embankment and ditch that is bare and should be temporary mulched
until permanent seeding and mulching is performed.
Maintain erosion control devices and continue with seeding and matting as required to protect State surface
waters.
B-2988 NCSR 1890 February 2011

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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
February 4, 2011
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0041
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of Fairview Elementary School's WWTP monitoring report for August 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Flow, in conduit or thru 08/31/2010 0.011 mgd 0.012 mgd Monthly
treatment plant Average
Exceeded
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 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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ORC
S:\SWP\Buricorilbe\Wastewater\Minors\Fairvic-w Elementary 667881NOV-2011-LV-004'1.doc NorthCarohna
Aaturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www ncwaterouality.org FAX [phone] 1-877-623-6748

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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
February 4,2011
Mr. Buddy Young
Lake Junaluska Assembly
P.O. Box 67
Lake Junaluska,NC 28745
Subject: 401 Water Quality Certification-Approval
Lake Junaluska Sediment Disposal
DWQ Project# 10-0888
Haywood County
FRB /UT Lake Junaluska—Richland Creek(Susie Branch)/ 5-16-(11.5) /B
Dear Mr. Young:
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 300 linear feet of streams, preserve 200
linear feet of stream and enhance 1586 linear feet of stream for the purpose of sediment disposal 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 3821. 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) 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.
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. Condition 2 must be met prior to these approved impacts. No other impacts
are approved including incidental impacts.
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 vaturall�/
An Equal Opportunity 1 Affirmative Action Employer i 6//��

Mr.Young
February 4,2011
Page 2 of 3
Impact Plan Location or Reference
Stream 300 linear feet Application(PCN)
2. Stream Enhancement and Preservation(Mitigation)
Before any of the impacts authorized in this Certification occur,the stream enhancement must be
constructed according to the plans approved by this Office. Any repairs or adjustments to the site must be
made according to the approved plans or you must receive written approval from this Office to make the
repairs or adjustments. The enhanced stream segments (and preservation segments) must be preserved in
perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans.
The conservation easement must reflect the preservation of 1786 linear feet of streams, as well as the 30
feet of buffer on each site of the streams, from top of bank.
The following enhancement/preservation (mitigation) is hereby approved as long as all of the other
specific and general conditions of this Certification are met:
Amount Approved(Units) Plan Location or Reference
Stream Appx. 200 (feet) Ref. L26—L30 of plans
Preservation
Stream Appx. 1586 (feet) Ref. Ll —L25 of plans
Enhancement level II
3. Monitoring Requirement
As-built plans of all restoration reaches including photo documentation and plant survival count must be
submitted to the NCDWQ annually fora period of five (5) years. The first as-built plan shall be
submitted after the completion of the enhancement and preservation, then annually thereafter,
documenting the status and stability of the restored reaches of stream, and including a narrative
description of any necessary maintenance work required. This monitoring shall be in conformance with
monitoring level 2 of the USACOE"Stream Mitigation Guidelines", dated April 2003.
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.

Mis 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: GC3821
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Haywood County Erosion Control
File Copy
S:\SWP\Haywood\401 s\Non-DOT\Lake Junaluska Assembly Proj 2010\APRVL.Lake Junaluska sed disp.2 2011.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
February 4, 2011
Mr. Kevin Johnson
Duke Power Company
400 S. Tryon St.
Charlotte,NC 28202
Subject: 401 Water Quality Certification - Approval
South Sylva Retail Substation—Duke Power
DWQ Project# 10-0986
Jackson County
LTN/UT Mill Creek/2-79-3 5 /C
Dear Mr. Johnson:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
,ipproval has been granted to place fill within or otherwise impact approximately 0.273 acres of wetlands
(0.167 acres permanent and 0.106 acres temporary) and approximately 272 feet of streams (relocate 215 feet,
install 35 feet of new culvert, and remove 21 feet of existing culvert) for the purpose of a substation 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 12. This Certification allows you
to use Nationwide Permit 3819 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.
1. 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 US.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarohna
Internet:www.ncwaterquality.org
1Vaturallt�
An Equal Opportunity l Affirmative Action Employer

Mr.Johnson
February 4,2011
Page 2 of 3
i
Amount Approved(Units) Plan Location or Reference
Stream Appx. 272 (feet) PCN (C.3.a)
404 Wetlands Appx. 0.273 (acres) PCN (C.2.a)
3. Stream Relocation(Mitigation)with Approved Plans
The stream relocation(appx. 215 linear feet)must be constructed, maintained, and monitored according to
the approved plans in the application and modifications to the application. Any repairs or adjustments to the
site must be made according to the approved plans or must receive written approval from this Office to
make the repairs or adjustments.
4. Monitoring Requirement
As-built plans of the restored/relocated reaches, including photo documentation, must be submitted to the
NCDWQ annually for a period of three (3)years. The first as-built plan shall be submitted after the
completion of the relocated stream, then annually thereafter, documenting the status and stability of the
restored reaches of stream (as well as the floodplain area and temporary wetland area), and including a
narrative description of any necessary maintenance work required.
5. Compensatory Mitigation Using the NC Ecosystem Enhancement Program (EEP)—USACE Requirement
Per Condition No. 1 of the USACE 404 Permit (Action ID 2010-01274), you are required to make payment
to the NCEEP sufficient to restore 0.88 acres of riparian wetlands in the Little Tennessee River Basin (Cat.
Unit 06010202). A copy of the payment documentation must be provided to the USACE prior to
construction within jurisdictional areas on the property.
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.

nis letter completes the review of your application by the Division of Water Quality under Section 401 of the
glean Water Act. If you have any questions,please contact Susan A. Wilson in the Asheville Regional Office
at 828-296-4500.
Sincerely,
/4'
Coleen H. Sullins, Director
CHS/saw
Eric: GC3819
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit Central Office
Christopher J. Estes, RLA Estes Design, Inc., P.O. Box 79133, Charlotte,NC 28271
ARO File Copy
S:\SWP\Jackson\401s\Non-DOT\Duke Enegy-Sylva SUbstation\APRVL.S Sylva Retail Duke.2 201 Ldoe

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Department of Environment �
and Natural Resources
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Division of Water Quality r= /
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Coleen Sullins, Director ENVIRONMENT AND NATURAL RESOURCES
GENERAL PERMIT Certificate of Coverage RENEWAL FORM
1. CURRENT PERMIT INFORMATION:
Certificate of Coverage (COC) Number: NCG55 -
Owner's name (name to be put on permit): (for Single Family Residence permit)
s
Owner's or signing official's name and title:
(Person legally responsible for permit)
(Title)
Mailing address '
City , j State: ,_ o'rt Zip Code: ;
:ate�,
Phone: ( > ..
E-mail address:
Applicant's Certification:
attest that [to the best of my knowledge] the property previously covered by the Certificate of
Coverage (CoC) listed above is under my ownership/control. I hereby request renewal of the
CoC Listed above and assume responsibility for wastewater discharge[s] from the site.
Signature: Date:
Please send this completed form and'-"a''cop'y--oMe=.proper yadeed
Mr. CharlesH. Weaver, Jr. � �- �
NC DENR/ DWQ/ NPDES Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617 „-
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1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Telephone[phone] FAX[phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 7, 2011
Mr. J. Robert Boyette
City of Marion
P.O. Drawer 700
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-201 1-LV-0047
Permit No. NCO031879
Corpening Creek WWTP
McDowell County
Dear Mr. Boyette:
A review of Corpening Creek WWTP's monitoring report for July 2010 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
DO, Oxygen, Dissolved 07/13/2010 5 mg/I 4.7 mg/I Daily Minimum Not Reached
DO, Oxygen, Dissolved 07/14/2010 5 mg/l 3.5 mg/I Daily Minimum Not Reached
DO, Oxygen, Dissolved 07/19/2010 5 mg/I 3.6 mg/I Daily Minimum Not Reached
DO, Oxygen, Dissolved 07/20/2010 5 mg/I 4.7 mg/I Daily Minimum Not Reached
DO, Oxygen, Dissolved 07/21/2010 5 mg/I 3.8 mg/I Daily Minimum Not Reached
DO, Oxygen, Dissolved 07/26/2010 5 mg/I 4.2 mg/I Daily Minimum Not Reached
DO, Oxygen, Dissolved 07/27/2010 5 mg/I 4.2 mg/I Daily Minimum Not Reached
DO, Oxygen, Dissolved 07/28/2010 5 mg/I 5.7 mg/I Daily Minimum Not Reached
DO, Oxygen,Dissolved 07/30/2010 5 mg/I 4.4 mg/I Daily Minimum Not Reached
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 for the non-compliance. Please respond in writing to this office
within 10 days of receipt of this letter concerning the circumstances surrounding the low DO results.
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. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 8281296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Larry Carver/ORC
S:\�,WP\McDowell\Wastewater\MunicipaReorpening Creek WWTP 31879\N0V-201'1-l_V-0047.doc NoiihCarolina
Nahmally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitV.or-q FAX [phone] 1-877-623-6748

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen R Sullins Dee Freeman
Governor Director Secretary
February 7, 2011
Mr. Gary Jensen
The Switzerland Inn
P.O. Box 399
Little Switzerland, North Carolina 28749
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0046
Permit No. NCO030996
The Switzerland Inn WWTP
McDowell County
Dear Mr. Jensen:
A review of The Switzerland Inn's WWTP monitoring report for August 2010 showed the following violations:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 08/05/10 400#/100ml 600#/100ml Daily Maximum
Broth,44.5C Exceeded
A BOD of>42 on 8/10/2010 does not show compliance with permit requirements'.
Use of"-greater than"values. Such values are only expected(and then only infrequently) in the reporting of
Fecal Coliform and BOD. If a "greater than"value is reported, the numeric portion of the value should be sufficiently
high so as to make the facility aware of the extent of any problems with treatment efficiency. Upon receipt of"greater
than"testing results, a facility should consult its laboratory to see if changes in testing procedure need to be made in
order to get discreet values from the analysis.
Please contact Gary Francies or Jason Smith of the Asheville NCDENR DWQ Laboratory Certification
Branch at 828-296-4677 for proper laboratory reporting procedures for the parameter BOD.
The DMR for the Switzerland Inn for August 2010 does not have the minimum required 10 days between the 2X/
month sampling of Fecal coliform and Ammonia.
Part ll.Section A.Definitions of your NPDES permit states 2/Month: Samples are collected twice per month
with at least ten calendar days between sampling events. Please begin using the required protocol on future DMRs.
Remedial actions should be taken to correct these problems. 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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
KACE Environmental/ORC
S:1SWP\McDowelllWastewaterlltAinorslSwitzerland Inn 309961NOV-201I-LV-0046.doc NAhCarolina
Ivaturallff
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho e(828)299 7043 1 500 Customer
67vii8ce
Internet: www.ncwatergualitV.or4 FAX

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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
February 7, 2011
Mr. Thomas P. Branch
930 Lullwater Road
Atlanta, GA 30307
Subject: Request for More Information
401 Water Quality Certification
Thomas Branch Property
DWQ Project# 10-1025
Jackson County
Response deadline: March 9, 2011
Dear Mr. Branch:
\-he 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. As required in Duke Energy's guidelines for stabilization, you must evaluate the use of
bioengineered (sloping, matting,vegetating)techniques. From the photos, it appears that the
bank erosion is 3 feet or less in most portions of the property that you wish to stabilize. The
DWQ will not approve rip-rap or hard structures until the bioengineered option is evaluated. It is
the DWQ's understanding that Duke Energy discourages (if not prohibits)the use of hardened
rock wall structures in cove areas of the lake.
2. In addition to the bioengineered option, you must provide an evaluation of rip-rap only(instead
of the rip-rap and rock wall). Again, hardened/dry stack rock wall structures are discouraged, if
not prohibited, in cove areas.
3. If the erosion around your dock area is significant (but other areas less so) it should be possible
for you to reduce the length of erosion control measures (reduce the total length of impact from
the stated 196 feet). You should evaluate this option as well.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 one 1
Internet:www,ncwaterquality.org N0l'l�1Cal0I111a
;Vatura!!y
An Equal Opportunity\Affirmative Action Employer

Mr.Branch
February 7,2011
Page 2 of 2
Please provide your response in writing to the addresses below by March 9, 2011. Four copies of the required
information should be provided to the 401 Permitting Unit at:
Mr. Ian McMillan
401 Permitting Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
and a single copy to the Asheville Regional Office at:
Susan A. Wilson
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 Ms. Wilson at 828-296-4500, if you have any questions.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Tyler Crumbley-US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Lisa Leatherman—Duke Energy, Lake Services
Ian McMillan- 401 Permitting Unit
Jackson County Planning
ARO File copy
S;\SWP\Jackson\401s\Non-DOT\Branch Prop\Addlnfo.Branch Prop Glenville.2 2011.doc

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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
February 7, 2011
Mr. Lee T. Huffman
Huffman Finishing Inc.
P.O. Box 170
Granite Falls, North Carolina 28630-0170
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0034
Permit No. NCO025135
Huffman Finishing WWTP
Caldwell County
Dear Mr. Huffman:
A review of Huffman Finishing's WWTP monitoring report for August 2010 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Flow 08/01/2010 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 for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
pa
S:1SWP\Caldwell\Wastewater\lndustrial\Huffman Finisi)ing 25135\NO\/-2011-MV-0034.doc, Norttullal.#
lV�rturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.nowaterguality.org FAX [phone] 1-877-623-6748

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 8, 2011
Mr. Lee Leibfarth
Nantahala Outdoor Center
13077 Highway 19 W
Bryson City, North Carolina 28713
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0037
Permit No. NCO067193
Nantahala Outdoor Center WWTP
Swain County
Dear Mr. Leibfarth:
A review of Nantahala Outdoor Center's WWTP monitoring report for September 2010 showed the following
violations:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending 09/04/2010 Twice Weekly Failure to Monitor
Temperature Week ending 09/04/2010 Weekly 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 for the non-compliance. If the above parameters were left off
inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the
address found on the front page of your DMR and also a copy to this office.
Additionally it has been noted that Total Residual Chlorine is being reported as"<0". Please contact
Gary Francies or Jason Smith of the Asheville NCDENR DWQ Laboratory Certification Branch at 828-296-4677 for
proper reporting procedures for the parameter Total Residual Chlorine.
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. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 8281296-4500.
Sincerely,
C Lam.L
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Lance Ingram/ORC
Gary Francies, Jason Smith/ Lab Certification Branch
�atmngura!!r
S:,I SWP\tSwain':V'k,'astewater\Mir;r,),,-,\Jant<a?7ala Outdoor Center 57'1931NOV-2011..MV f�037.d c, Nortly
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

NCDGN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 8, 2011
Mr. Al Gurowski, Executive Manager
Pine Mountain Property Owners Association
2885 Pine Mountain Drive
Connelly Springs, North Carolina 28612
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0048
Permit No. NCO036935
Pine Mountain Lakes WWTP
Burke County
Dear Mr. Gurowski:
A review of Pine Mountain Lakes WWTP's monitoring report for October 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 10/14/2010 400#/100ml 600#/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, _
� Gc;
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ ORC
S:tSWPlEturkelWastewater\minf.)rs'fPirie Mountain lakes 36935 NOV-2011-1.V-0048.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

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RU®GNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 8, 2011
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-201 1-LV-0049
Permit No. NCO073814
North Buncombe Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of North Buncombe Elementary School's WWTP monitoring report for October 2010
showed the following violation:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total 10/31/2010 7.4 mg/I 7.73 mg/I Monthly
(as N) - Concentration Average
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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ ORC
`•.St`�t t.Eiur,c.c:,r 5bell/L steUr rt rlMir,�rs',I c;sl Bun—c Fle n S;I-h 73814\NP OV-2011-L;/0049.doc NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www ncwaterauality.org FAX [phone] 1-877-623-6748

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N4®GNP*
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
February 8, 2011
Mr. Lee Leibfarth
Nantahala Outdoor Center
13077 Highway 19 W
Bryson City, North Carolina 28713
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0050
Permit No. NCO057193
Nantahala Outdoor Center WWTP
Swain County
Dear Mr. Leibfarth:
A review of Nantahala Outdoor Center's WWTP monitoring report for October 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 10/19/2010 400#/100ml 1,660#/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,
NOV
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Lance Ingram/ORC
S:1swp�swain!Wastewater\Minors"Nantahala Outdoor Center 57193\NOV--201'1-LV-0050,doc N�,i Carolina
lly
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 FAX e( 8)296-4500 828)299-7043 1 Customer
6748e
Internet: www.ncwaterguality.orp

.tier, Wanda
From: Frazier, Wanda
Sent: Tuesday, February 08, 2011 2:24 PM
To: '[e-mail]'
Subject: permit renewals & ARO staff county assignments
Attachments: 29882 a cover page 2010.doc; 75388 a cover page
2010.doc; 25933 a cover page 2009.doc; 34924 a cover
page 2009.doc; 85952 a cover page 2010.doc; 33227 a
cover page 2010 .doc; 39187 a cover page 2010.doc;
62634 a cover page 2009.doc; 88803 a cover page
2010.doc; 2010-11 County & Work Assignments.doc;
NCO029882 Briarwood final 2010.doc; NCO085952
Candler Travel Ctr final 2010.doc
Terry,
Per your requester
There are only two permits(see attached)that I am sending electronically. They were the only two available
electronically.
I attached all of the facility cover pages,which can be used for preparing the annual reports (SPAR—System
Performance Annual Report—due March 1s)
I'll pull the files,make copies and send to you via US mail.
Also attached is the ARO staff member county assignments.
Let me know if I can help you,anytime!
Thanks,
Wanda
Buncombe
Briarwood MHP NCO029882—new permit attached—
Canterbury Hills NCO075388
Days Inn West NCO025933 :° `5 5 a e '6
Flesher's Fairview NCO034924
1

Travel Centers of America NC0085952—new permit atta.cbed-
Tyco Electronics NC0033227 m- j� ! °`e
Valleyview Shopping Center NC0039187 '
Wedgefield NC0062634 - c,) 1`S 5 c,
Yancey
Silver Bullet NC0088803 '
6
Wanda Frazier
Email: [e-mail]
North Carolina Department of
Environment and Natural Resources
Asheville Regional Office
Division of Water Quality
Surface Water Protection Section
2090 US 70 Highway
Swannanoa, NC 28778
Switchboard: 828-296-4500 x 4662
Direct line: 828-296-4662
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
2

A,"TA"r
11 6ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 8, 2011
Mr. Garvin Trinks
McDowell County Schools
2107 Sugar Hill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2011-LM-0006
Permit No. NCO067148
Nebo Elementary School WWTP
McDowell County
Dear Mr. Trinks:
A review of Nebo Elementary School WWTP's monitoring report for September 2010 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Flow, in conduit or thru 09/30/2010 0.008 mgd 0.015 mgd Monthly Average
treatment plant Exceeded
Parameter Date Measuring Violation
Frequency
Temperature Week ending 09/04/2010 Weekly 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 for the non-compliance. If the above parameter for
Temperature was left off inadvertently,please send an amended DMR within 10 business days of receipt of this
letter to Raleigh at the address found on the front page of your DMR and also a copy to this office.
The back/ Compliance Status page is required by your NPDES permit to be signed by the permittee.
Please send the signed back page of the DMR within 10 business days of receipt of this letter toRaleigh at the
address found on the front page of your DMR and also a copy to this office.
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. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
/4
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S.;SWP\McDowelllWastewatertMinorstNebo School 671481NOV-2011-1.M-00U(�.Gcc IWrthCarolina
�atura!!y
North Carolina Division of Water Quality 2090,U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwatercivality.org FAX [phone] 1-877-623-6748

19
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
MEMORANDUM
February 9,2011
To: Eric Fleek
Through: Roger C. Edward
From: Linda Wiggs
SUBJECT: ARO Request for Benthic Sampling Related to Landfills
ARO Request for Benthic Sampling Related to Landfills
The Asheville Regional Office is requesting benthic sampling in the vicinity of landfills draining
small watersheds. The benthic evaluation will assist in determining impacts from landfills that
have headwater streams located at or adjacent to their disposal cells.
Two landfills have been chosen, the Transylvania County landfill and the Caldwell County
landfill. Both landfills are contained within watersheds of approximately 0.8 square miles.
Transylvania County
The Transylvania County landfill is located at/on the headwaters of the Woodruff Branch
watershed. Woodruff Branch is classified C,Trout and flows into the West Fork of the French
Broad River. Please see the Rosman Topographic map below indicating the Woodruff Branch
watershed. Woodruff Branch needs to be sampled near the mouth of the watershed. ARO is not
requesting benthic sampling of the West Fork of the French Broad River in association with the
Woodruff Branch sampling at this time. ARO is only requesting benthic sampling of Woodruff
Branch near the mouth of the branch. The Woodruff branch watershed is extremely steep and is
not easily accessible. Therefore it is recommended Woodruff Branch be accessed via private
property either from across or adjacent to the West Fork French Broad. ARO is willing to
contact the landowner to secure access, but will need to be notified in a timely manner of
sampling date to gain permission.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE one
N
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 rthCarohna
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org Naatur,44
An Equal Opportunity 1 Affirmative Action Employer KL

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The Caldwell County landfill is located at/on the headwaters of an Unnamed Tributary to
Abingdon Creek. Abingdon Creek and this Unnamed Tributary are classified C and flow into
Lower Creek, Abingdon Creek has previously been sample for benthos at its junction with Hwy
18. The Hwy 18 sampling location is too far away to effectively evaluate the landfill impacts,
therefore ARO requests benthic sampling at the locations depicted on the Lenoir Topographic
map below. A sample location on Abingdon Creek upstream of the Unnamed Tributary draining
the landfill and a downstream_ sample on Abingdon Creek is requested to evaluate impacts from
the landfill.

February 9, 2011
MEMORANDUM
TO: Eric Fleek, Supervisor
Biological Assessment Unit
FROM: Roger C. Edwards, Regional., isor
Surface Water Protection
Subject: Additional Benthic Sampling Request
North Fork of French Broad —Tucker Creek
Transylvania County
In July of 2010, your staff performed some benthic sampling along the
North Fork of the French Broad River in Transylvania County as part of an
ORW/HQW study. One set of samples which were collected downstream of
Bragg Trout Farm (map attached) resulted in Fair benthic macro invertebrate
data. A follow-up inspection of the farm by staff of this Office indicated
compliance with the farm's general permit and a visual inspection of Tucker
Creek revealed no noticeable issues.
This study was done during extremely low flow conditions and we have no
data for normal stream flows. It is Likely if studies are done below any
wastewater discharge during "almost drought" conditions, that the bug population
would be affected. Due to this, and before this Office recommends the issuance
of an individual NPDES permit for the farm, we are requesting that your staff
schedule additional bug sampling at the site during normal flows i.e.; during the
months of April-May and again during October-November, winter flows would
also be appreciated.
It is also suggested that the sites on the 303d listed West Fork of the
French Broad (map attached) be re-sampled. A site above the camp also needs
to be included in this sampling since ambient toxicity results were "Fail" above
the trout farm, but below the camp. This sampling should be done during a time
when the camp is in use.
This Office is going to conduct additional sampling of various trout farm
effluent throughout the region within the next year.
Your cooperation in this request is greatly appreciated. If you have any
questions or need further information, please advise.

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AXX
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
February 10, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 1680 0000 7515 2380
Mr. Aaron Hamlin
Wedgefield Acres Mobile Home Park
558 Pond Road
Asheville,North Carolina 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 NCO062634
Wedgefield Acres Mobile Home Park
Wedgefield Acres MHP WWTP
Case No. MV-2011-0009
Buncombe County
Dear Mr. Hamlin:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$417.00
($350.00 civil penalty + $67.00 enforcement costs) against Wedgefield Acres Mobile Home Park.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Wedgefield Acres Mobile Home Park for the month of
July 2010. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NC0062634. The violations
which occurred in July 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Wedgefield Acres Mobile Home
Park violated the terms, conditions or requirements of NPDES Permit NCO062634 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 Wedgefield Acres Mobile Home Park:
- None hCarolina
aturallr�
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

$350.00 14 of the 14 violations of G.S. 143-215 and NPDES Permit No.
NC0062634, for failure to properly monitor Continuous Flow in
violation of the Permit Monitoring requirements.
$350.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$417.00 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

,firing, 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 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 C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James & James Environmental/ ORC w/attachments
n�..4�,ast<tt_rtC1,A1tn \Y,:-ii,�i�liriCi A.rk-.;`eS]-11 >>ti3�`.A[�✓='fl1!-�1t,p=).�at1�'

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: MV-2011-0009 County: Buncombe
Assessed Party: Wedgefeld Acres/Aaron Hamlin
Permit No. : NC0062634 Amount Assessed: $417.00
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. 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN't.
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
WEDGEFIELD ACRES/ AARON HAMLIN }
PERMIT NO. NCO062634 ) FILE NO. MV-2011-0009
Having been assessed civil penalties totaling $417.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 10, 2011, 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
February 10, 2011
Mr. Richard Canipe
Town of Spruce Pine
P.O. Box 189
Spruce Pine, North Carolina 28777
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0053
Permit No. NCO021423
Spruce Pine WWTP
Mitchell County
Dear Mr. Canipe:
A review of Spruce Pine WWTP's monitoring report for August 2010 showed the following
violation:
Parameter Date Limit Value . Reported Value Limit Type
Cadmium, Total (as Cd) 08/04/2010 2 ug/I 2.2 ug/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 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
8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Darrell Graham/ ORC
P
:ASWPtMitchelil'v'LrastowateslMElrliclrZ�!",21423 spruce Pine,VvW \NGV-2011 LV-C?053.dcc NoR natturaimallyly
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

�CDENA
"�i *
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 10, 2011
Lee Smith, Utilities Director
City of Hendersonville
305 Williams Street, Suite 119
Hendersonville, N.C. 28792
Subject: Permit No. WQ0035227
City of Hendersonville
Warm Company Sewer Extension
Wastewater Collection System Extension
Henderson County
Dear Mr. Smith:
In accordance with your application received February 4, 2011, we are forwarding herewith
Permit No. WQ0035227, dated February 10, 2011, 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 incorporated therein
by reference. Please send Keith Haynes or 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%o post-consumer paper

City of Hendersonville February 10, 2011 Page
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 1,471 linear
feet of 8-inch gravity sewer; to serve a business with 16 employees at 25 gallons per day/employee, as
part of the Warm Company Sewer Extension project, and the discharge of 400 gallons per day of
collected domestic wastewater into the City of Hendersonville's existing sewerage system, pursuant to
the application received February 4, 2011 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 City of
Hendersonville's Treatment Facility (Permit No. NC0025534) prior to being discharged into the
receiving stream.
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 Don Price at (828) 296-
4500. ��y)
Sincerely,
for oleen H. Sullins, Director
Division of Water Quality
cc: Henderson County Building Inspector
ARO, Surface Water Protection (WWTF Permit No. NC0025534)
William R. Buie, P.E./William G. Lapsley &Associates, P.A.
Surface Water Protection Section Central Files
PERCS Files
S:\SWP\Henderson\Collection Systems\Hendersonville CS\WQ0035227 Hendersonville Warm Company Sewer Extension 02 08 2011 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 .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.WQ0035227 City of Hendersonville Warm Company Sewer Extension Proiect Henderson County February 90
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
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 213 .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

rRMIT NO WQ0035227 City of Hendersonville Warm Company Sewer Extension Project Henderson County February 10, 2011
a. 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 101h day of February, 2011
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
L
for ole n H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
-Permit Number WQ0035227
3

PERMIT NO.WQ0035227 City of Hendersonville Warm Company Sewer Extension Project Henderson County February 10-,
ENGINEERING CERTIFICATION — POST CONSTRUCTION
System Description:
permission is hereby granted to the City of Hendersonville for the construction and operation of
approximately 1,471 linear feet of 8-inch gravity sewer; to serve a business with 16 employees at 25
gallons per day/employee, as part of the Warm Company Sewer Extension project, and the discharge
of 400 gallons per day of collected domestic wastewater into the City of Hendersonville'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
1, 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.

&TVA
irCDEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 10, 2011
Sandra Carlton
IPM Corporation
2602 Hendersonville Road
Arden,North Carolina 28704
Subject: Return of Application
401 Water Quality Certification
UT to Cane Creek Restoration(Townes at Connor Creek Homeowners Association, Inc)
DWQ Project# 10-0950
Henderson County
Dear Ms. Carlton:
The Division of Water Quality (DWQ)has reviewed the recent submission of additional information, dated
January 7, 2011, for the subject project. Specifically Kevin Barnett, along with Susan A. Wilson, provided the
technical review of the submitted information. The requisite information required to complete the review
process was not included. Therefore, the project application is considered incomplete and is being returned.
Please note: No impacts associated with the subiect project are approved at this time.
To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as well
as the additional information presented below.
Additional Information Required:
1. Offsite Stormwater Impacts
Your submitted additional information states that you "do not believe stormwater inputs
represent an unusual threat" to this project. The property owned by Universal Properties
Hendersonville, LLC located at 86 Old Airport Road, listed as 5.1 acres, is approx. 85%
impervious and discharges directly to the unnamed tributary to Cane Creek upstream of the
proposed restoration. It is likely that high velocity storm flows will be handled through the
proposed restoration reach. As the current instability is also affected by these storm flows, it
would be short-sighted to ignore this contribution. The DWQ will need to have included in any
future application that the increased volume and velocity be reflected in the design calculations
for the proposed channel.
2. Wetland Issues

Ms.Carlton
February 10,2011
Page 2 of 3
Your submitted information indicates that the wetland characteristics will be lost as parts of thc,
stream restoration effort. Any future application will have to include a thoughtful and thorough
discussion as to why the riparian wetland characteristics cannot be maintained in conjunction �-
with this project as these wetlands provide a vital stormwater filtering function as related to the
discharges from impervious surfaces within the Townes at Connor Creek.
Also, you have provided that monitoring will not be necessary for this project. The DWQ would
like to clarify that, if the wetlands are to be impacted, and those wetland functions lost, wetland
monitoring will not be necessary, but stream stability monitoring and reporting will be required
(as specified in Item 4).
3. Constructed Riffles
The submitted additional information provides that rip-rap shall be used in conjunction with
other materials in the constructed riffles. No particle size distribution information was provided
for either the reference reach nor the proposed constructed riffle mixture in order to justify the
use of material sized in excess of the calculated critical shear stress requirement. Additionally, it
has been observed in recent projects where rip-rap was used in constructed riffles, through an
abandoned pond bottom, that the rip-rap becomes entrained,and that the excess stream velocities
begin eroding the banks around the constructed riffle,resulting in a failure in stream stability.
Ale
Any future applications for this project must include a particle distribution for the reference
reach along with an accompanying mix design for riffle rock materials such that the particle
distribution is mimicked.
4. Stream Stability Monitoring

As part of any proposal to restore or stabilize an existing stream feature, a monitoring plan
should be included such that the project success is documented and any instability needs are
addressed in a timely manner. At a minimum, you should include:
• Monitoring for stability and riparian success, annually, for a period of no less than five
(5) years from completion.
• At the end of construction,an as-built survey should be compiled including photographic
documentation of structures and features, and submitted within 30 calendar days.
• Annually, for five (5) years after the submission of the as-built survey,monitoring of
both stream stability and riparian buffer plant density, shall be collected, and compared
to the as-built drawings, along with photographic documentation of the same structures
and features previously submitted.
• This annual survey should be submitted within 30 days of the annual event and include a
narrative discussing the site progression as well as addressing any needed repairs.
• All submissions should be submitted as a single copy to both the 401 Water Quality
Permitting Unit in Raleigh and the Asheville Regional Office at their respective
addresses.
5. Applicant and Contact Information
The signature delegation appears to be from the President of the Townes at Connor Creek HOA.
The applicant on the PCN is the owner of the property, listed as Townes at Connor Creek
Homeowners Association, Inc. with IPM Corp. of Brevard, Inc. listed as the Registered Agent.
The signature delegation should be from the owner of the property and/or its listed Registered
Agent. DWQ also requests a contact address and e-mail address of the President of the Townes
at Connor Creek HOA(as the cost of this project is likely transferred to the homeowners and
they should be appropriately informed of any issues).
Prior to submission of any application for streamwork on this property, the DWQ requests that a member of the
HOA contact this office to discuss the project and the potential long term issues.
Upon receipt of a complete application along with the applicable fee, the DWQ will promptly review the
package and respond accordingly. Please call Susan Wilson at(828) 296-4665 or Kevin Barnett at(828) 296-
4657, if you have any questions.
Sincerely,
Rogeer C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Andrew Bick, P.E. —Confluence Engineering, PC
16 Broad Street, Asheville,NC 28801
Tyler Crumbley-US Army Corps of Engineers Asheville Field Office
David McHenry-North Carolina Wildlife Resources Commission
Ian McMillan-401 Permitting Unit
ARO pile copy
S.\SWP\Henderson\401s\Non-DO'AUT Cane Crk Stream Restor-Townes at Connor Crk\Retum.UTtoCaneCreek.2-2011.doe

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�CDE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 10, 2011
Mr. Lee Smith, Utilities Director
City of Hendersonville
P.O. Box 1670
Hendersonville, North Carolina 28793-1670
Subject: NOTICE OF VIOLATION
NOV-201 1-MV-0038
Permit No. NCO025534
Hendersonville WWTP
Henderson County
Dear Mr. Smith:
A review of Hendersonville WWTP's monitoring report for August 2010 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Dissolved Oxygen Week ending 08/21/2010 ' 5 X/Week 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 for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Vincent Edwards/ ORC
rle
NorthCarolina
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North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 ho et828;299-7043 1 877-62 Customer Service
Internet: www ncwaterguality.org FAX

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RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 10, 2011
Doug Sharp
Buncombe County Planning
46 Valley Street
Asheville,NC 28801
Subject: Stream Identification Request
Dear Doug:
This letter provides the findings of a site visit at the Slavic Revival Fellowship conducted
on February 4, 2011 to provide a stream determination of the feature found in the eastern
portion of the property. The results were as follows:
Features Score Comments
Geomorphology 2
Hydrology 0
Biology 2
Total 4
Determination: Ephemeral
Please contact me if I can be of any further assistance: 828-296-4664 or
chuck.cranford(a�ncdenr. ov.
Sincerely, -17
tell
Chuck Cranford
Environmental Specialist
Surface Water Protection
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:1-877-623-6748atur�ll�
Intemet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

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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
February 10, 2011
Ric Ledford
Stormwater Services Division
P. O. Box 7148
Asheville,NC 28802
Subject: Stream Identification Request
Dear Ric:
This letter provides the findings of a site visit to the Ballantree Subdivision conducted on
February 4, 2011 to provide a stream determination of the feature flowing through the
neighborhood park. The results were as follows:
Features Score Comments
Geomorphology 12
Hydrology. 4
Other perennial indicators were noted:
Biology 8 Pleuroceridae and Plecoptera
Total 24
Determination: Perennial
Please contact me if I can be of any further assistance: 828-296-4664 or
chuck.cranford dncdenr.gov.
Sincerely,
ChucUranford
Environmental Specialist
Surface Water Protection
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'fa f"y��/��
Internet: www,ncwaterquality.org �/ V `Yi` `
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
February 11, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7009 1680 0000 7515 2397
Mr. Thomas Morgan
Mountain Energy Corporation
P.O. Box 128
Hazelwood,NC 28738
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2011-OC-0001
Sylva Shell Station/Morgan Oil Company
G.S. 143-215.83 and G.S. 143-215.84
Jackson County
Response Deadline: March 1, 2011
Dear Mr. Morgan:
On January 19, 2011 Susan Wilson, from the Asheville Regional Office of the Division
of Water Quality (DWQ) and Caroline Davenport, of the Division of Waste Management
(DWM) -UST Section, conducted a site inspection at the Shell Station located in Sylva,
North Carolina off Highway 107 in Jackson County. The site inspection was conducted
in response to a fuel spill reported by Todd Dillard, Jackson County Emergency
Management Coordinator.
An inspection of Cope Creek, a Class C - Trout stream in the Little Tennessee River
Basin, revealed that an unknown quantity of fuel had reached surface waters. This was
confirmed by Mr. Dillard, as well as yourself and Mr. Richard Pack (Mountain Energy).
Another fuel spill incident was reported to the DWM—UST Section on January 26, 2011
by Mr. Dillard(with fuel reaching surface waters).
As a result of the site inspection and a file review, the following violations are noted:
N.C.Division of water Quality
Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone] FAX:[phone] One
Npgt}]C'ar011llc�
Customer Service:1-877-623-6748 Internet:www.ncwaterquality.org vVigh/rallb"
An,Equal Opportunity\Affirmative Action Employer ;J

Mr.Morgan
Page 2 of 3
February 11,2011
i
VIOLATIONS
I. Unlawful Discharges—G.S. 143-215.83
(a) Unlawful Discharges - It shall be unlawful except as otherwise provided in this
part, for any person to discharge, or cause to be discharged, oil or other hazardous
substances into or upon any waters, tidal flats, beaches, or lands within this State,
or into any sewer, surface water drain or other waters that drain into the waters of
this State, regardless of the fault of the person having control over the oil or other
hazardous substances, or regardless of whether the discharge was the result of
intentional or negligent conduct, accident, or other cause.
II. G.S. 143-215.84 Removal of Prohibited Discharges
(a) Person discharging -Any person-having control over oil or other hazardous
substances discharged in violation of this article shall immediately undertake to
collect and remove the discharge and to restore the area affected by the discharge
as nearly as may be to the condition existing prior to the discharge.
REQUIRED RESPONSE
The DWQ requests that you respond in writing by March 1, 2011. Your response should
be sent to the attention of Ms. Susan A. Wilson, DWQ, 2090 US Hwy 70, Swannanoa,
NC 28778 and should address the following items:
I. Unlawful Discharges
a. Please explain how and why both incidences occurred (the incident on
January 18 and the incident on January 26, 2011). As part of this
response, please provide an estimate of the amount of fuel lost. Also state
when you discovered the fuel spills and what actions Morgan Oil
Company undertook after discovery of the fuel spills.
II. Removal of Prohibited Discharges
a. Please state what remedial actions were taken after discovery of the fuel
spills and how they will be prevented in the future. As part of this
response, you should provide a diagram of the oil/water separator in
relation to the site and where the oil/water separator discharges, as well as
any maintenance records associated with the oil/water separator.
Thank you for your attention to this matter. This Office is'considering sending a
recommendation for enforcement to the Director of the Division of Water Quality
regarding these issues and any future/continued violations that may be encountered.
Your above-mentioned response to this correspondence will be considered in this
process.

,organ
.ge 3 of 3
February 11,2011
Failure to respond within the time specified and to voluntarily achieve compliance may
result in the issuance of a proposed penalty assessment under authority of
G.S.143-215.88A, which provides that a civil penalty of not more than$5,000.00 may be
assessed against any person who intentionally or negligently discharges oil or other
hazardous substances, or knowingly causes or permits the discharge of oil in violation of
G.S. 143-215.75 et seq. If any action or failure to act is continuous, each day may be
considered a separate 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
cc: WBS Compliance and Permitting Unit, Katie Merritt
ARO File Copy
Carolina Davenport, DWM-UST, ARO
Jackson County Emergency Management, Todd Dillard
S:\SWP\Jackson\Complaints\Morgan Oil-Shell Station Sylva\NOV-2011-OC-0001.Morgan Oil Sylva Shell.2 201 I.doc

RUDIENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen.H. Sullins
Dee Freeman
Governor Director
Secretary
February 11, 2011
Toby and Patricia Cole
522 Jenkins Road
Asheville,NC 28804
Subject: 401 Water Quality Certification -Approval
Toby Cole Stream Restoration
DWQ Project# 10-1068
Rutherford County
BRD02/Broad River/9-(40.5)/WS-IV
Dear Mr. and Ms. Cole:
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 1,440 feet of streams for the purpose of
stream 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 27 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 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.
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 1,440 (feet) Site Plan
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NorthCaro]jna
Internet:www.ncwaterquality.org
vVidu
rail
An Equal Opportunity\Affirmative Action Employer

Toby and Patricia Cole
February 11,2011
Page 2 of 3
Additional Conditions
1. Project Monitoring
This project shall be monitored for stability and riparian success, annually, for a period of no less than
three (3)years from completion. At the end of construction, an as-built survey shall be compiled
including photographic documentation of structures and features, and submitted within 30 calendar days.
Annually, for three (3)years after the submission of the as-built survey, monitoring of both stream
stability and riparian buffer plant density, shall be collected, and compared to the as-built drawings,
along with photographic documentation of the same structures and features previously submitted. This
annual survey shall be submitted within 30 days of the annual event and include a narrative discussing
the site progression as well as addressing any needed repairs. All submissions shall be submitted as a
single copy to both the WBSCP Unit in Raleigh (address below) and the Asheville Regional Office at
the letterhead address.
401 Permitting
WBSCP Unit
1650 Mail Service Center
Raleigh,NC 27699-1650
2. Riparian Buffer
Disturbance of riparian vegetation shall be kept to a minimum. Trees and shrubs should be cut and the
stumps and roots left to resprout where disturbance for temporary access is necessary. Disturbed stream
banks and the widest possible zone outward from the channel should be planted with native trees and
shrubs (e.g., silky dogwood,rhododendron, dog hobble,red maple, silky willow,tag alder,black willow,
sycamore). Cuttings should be randomly planted on four(4) foot centers from the waters edge to the top
of the bank. Trees should be planted on upper stream banks on ten(10)to twelve (12) foot centers.
Please note, if pasture along the stream is to be used for grazing, a fence should be constructed outside of the
riparian zone to prevent livestock from entering the area.
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.

ale
i
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: GC3689
Certificate of Completion
cc: Jake Stokes—USDA NRCS
USACE Asheville Regulatory Field Office
Dave McHenry- WRC
Ian McMillan-WBSCPU
File Copy
S:\SWP\Rutherford\401s\Non-DOT\Cole\APRVL.02.10.1l.doe

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
February 11, 2011
Mr. J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1331 (Hanging Dog Road)
DWQ Project 09-0256
TIP No. B-3430
Cherokee County
Dear Mr. Setzer:
On February 9,2011, I inspected the bridge construction work on NCSR 1331 (Hanging Dog Road) in
Cherokee County. It appears that most of the bridge has been completed; however, no work was taking place
at the time of inspection.
Please continue to ensure that all sediment and erosion control structures are maintained and that seeding and
mulching are performed as needed to protect downstream waters. Please refer to the attached copy of the
inspection report for additional comments regarding the inspection.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: W. Trent Anderson
Mark Davis,Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
(Setzer)NCSR 1331 B-3430 Inspection Letter February 2011
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NOrthCarolina
Internet:www.ncwaterauality.org �► a ura l,
An Equal Opportunity 1 Affirmative Action Employer J�/ `tll 1`JU
...._.._...

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker Date: February 9,2011
County: Cherokee Region: Asheville _
DOT Division: Division 14 71
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #:F--= NW Permit#.. 23 IP#:
F7==
Project Name: Replacement of Bridge TIP No. 3430
Location of Project: NCSR 1331 at intersection of NCSR 1338.
Project Complete: ❑Yes X No If no,estimated date of completion:
E==
Activities(DOT): Water Quality Concerns(DWQ):
X❑ Bridge ❑ Steam Standards Violation
❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑Fill
❑ On-site Stream Relocation ❑Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
X❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres F
❑ Zone I Est AcresF_�= ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact: F
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact . ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Hanging Dog Creek
Basin/Subbasin: Hiwassee 040502
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B 0303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: ❑Culvert ❑Bottomless Culvert
X❑Bridge ❑Bottomless Arch
❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/101h acre ❑1/1 Vh to 1/3`d acre r-
❑UP to 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: X❑< 150 linear feet ❑> 150 linear feet
Additional comments:
Reviewed project on February 9,2011. There was no work taking place at the time of inspection and no one
was present at the site.
Ensure that sediment and erosion control measures are working properly.
Seed and/or mulch bare areas that have been graded.
B-3430 NCSR 1331 (Hanging Dog Road)February 2011

LE 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
February 11, 2011
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-201 1-LM-0007
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of Fairview Elementary School's WWTP monitoring report for September 2010 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
Flow, in conduit or thru 09/30/10 0.011 mgd 0.012 mgd Monthly
Average
treatment plant Exceeded
This is the second month in a row when the Flow has exceeded the permit limit of 0.011 mgd. Please send a
written response to this office within 10 business days of receipt of this letter addressing the increase in flow
at your facility.
Parameter Date Measuring Frequency Violation
pH Week ending 09/04/2010 Weekly Failure to Monitor
Temperature Week ending 09/04/2010 Weekly 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 for the non-compliance. If the above parameters for
Temperature and pH were left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office.
The DMR for Fairview Elementary does not have the minimum required 10 days between sampling of Ammonia.
Part 11,Section A.of your NPDES permit states: 2/Month: Samples are collected twice per month with at least
ten calendar days between sampling events. Please begin using the required protocol on future DMRs.
Remedial actions should be taken to correct these problems. 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 828/296-4600.
Sincerely, _
fT
C.Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ORC NoAhCarolina
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6748e
Internet: www.ncwatercivality.org FAX

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RMENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
February 11, 2011
Mr. Thomas Rosenberg
Blue Star Camps Inc.
P.O. Box 1029
Hendersonville, North Carolina 28793
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0041
Permit No. NCO036251
Blue Star Camps WWTP
Henderson County
Dear Mr. Rosenberg:
A review of Blue Star Camps WWTP's monitoring report for September 2010 showed the following
violations:
Parameter Date Measuring Frequency Violation
Flow 0910212010 Continuous Failure to Monitor
Flow 0910312010 Continuous Failure to Monitor
Flow 0910412010 Continuous Failure to Monitor
Flow 091052010 Continuous Failure to Monitor
Flow 0910612010 Continuous Failure to Monitor
Flow 0910812010 Continuous Failure to Monitor
Flow 0910912010 Continuous Failure to Monitor
Flow 0911012010 Continuous Failure to Monitor
Flow 0911112010 Continuous Failure to Monitor
Flow 0911212010 Continuous Failure to Monitor
Flow 09/14/2010 Continuous Failure to Monitor
Flow 09/15/2010 Continuous Failure to Monitor
Flow 09/16/2010 Continuous Failure to Monitor
Flow 09/17/2010 Continuous Failure to Monitor
Flow 09/18/2010 Continuous Failure to Monitor
Flow 09/19/2010 Continuous Failure to Monitor
Flow 09/20/2010 Continuous Failure to Monitor
Flow 09/21/2010 Continuous Failure to Monitor
Flow 09-/2-9/2010 Continuous Failure to Monitor
Flow 09/30/2010 Continuous Failure to Monitor
NoithCarolina
�lltlfC6l��l�
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

Mr. Thomas Rosenberg
February 11, 2011
Page Two
Total Residual Chlorine, BOD, Ammonia Nitrogen,Total Suspended Solids, Fecal Coliform, pH and
Temperature were also not monitored per your NPDES permit requirements for the month of September. Failure to
Properly monitor the required parameters could result in fines for each parameter per each day not
monitored.
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 for the non-compliance. If the above parameters were left off
inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the
address found on the front page of your DMR and also a copy to this office.
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. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 828/296-4600.
Sincerely,
R ger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Tom Kilpatrick/ORC
fiu<a`::ter Camps 362511NKO'✓-2011-(Uli(-0041 cfoc ---

4;+'
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
February 14, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7009 1680 0000 7516 2403
Mr. William Miller
Polk County Board of Education
P.O. Box 638
Columbus,North Carolina 28722-0638
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 NCO033553
Polk County Board of Education
Polk Central School WWTP
Case No. LV-2011-0041
Polk County
Dear Mr. Miller:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$267.00
($200.00 civil penalty+ $67.00 enforcement costs) against Polk 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 Polk County Board of Education for the month of October
2010. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0033553. The violations which
occurred in October 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Polk County Board of Education
violated the terms, conditions or requirements of NPDES Permit NCO033553 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, l, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Polk County Board of Education:
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.ncwateEguality.org

2 of the 2 violations of G.S. 143-215,1(a)(6) and NPDES Permit No.
$200.00 NC0033553, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$267.00 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-
2 82.1(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:

�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 (36) 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 have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/ attachments
Deborah Bradley/ORC w/attachments
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0041 County: Polk
Assessed Party: Polk County BOE/ Polk Central School
Permit No.: NC0033553 Amount Assessed: $267.00
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. 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT,
AND NATURAL RESOURCES
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN \
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
POLK COUNTY BOE/ POLK CENTRAL )
SCHOOL )
PERMIT NO. NCO033553 ) FILE NO. LV-2011-0041 .
Having been assessed civil penalties totaling $267.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 14, 2011, 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
February 14, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7009 1680 0000 7515 2410
Mr. Mack W. Edmisten, Director, Public Utilities
City of Lenoir
P.O. Box 958
Lenoir,North Carolina 28645-0958
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 NCO023736
City of Lenoir
Gunpowder Creek WWTP
Case No. LV-2011-0040
Caldwell County
Dear Mr. Edmisten:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,067.00 ($1,000.00 civil penalty+$67.00 enforcement costs) against the City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Lenoir for the month of September 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0023736. The violations which occurred in
September 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Lenoir violated the
terms, conditions or requirements of NPDES Permit NCO023736 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 City of Lenoir:
NorthCarolina
Naturali'm
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

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0023736, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Cone.
$1,000.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,067.00 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

.�sidered:
(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 §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
67.14 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 C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
Monte Wall/ORC w/attachments

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0040 County: Caldwell
Assessed Party: City of Lenoir/Gunpowder Creek
Permit No.: NC0023736 Amount Assessed: $1,067.00
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. 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMEN"i-,
AND NATURAL RESOURCES
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF LENOIR/ GUNPOWDER CREEK )
PERMIT NO. NCO023736 ) FILE NO. LV-2011-0040
Having been assessed civil penalties totaling $1,067.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 14, 2011, 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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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
February 15, 2011
Mr. George W. Ware
P.O .Box 658
Newland, North Carolina 28657-0658
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0045
Permit No. NCO060224
Jonas Ridge Adult Care Facility WWTP
Burke County
Dear Mr. Ware:
A review of Jonas Ridge Adult Care Facility WWTP's monitoring report for September 2010
showed the following violation:
Parameter Date Measuring Violation
Frequency
Flow Week ending 09/04/2010 Weekly 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 for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh'at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4500.
Sincerely,
A
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Water Quality Lab & Operations/ ORC
S:\SWP\Fsurke\Vtrastewater\Minors\jotias midge Adult Care 602241NC.)V-2011-MV-0045. OC- NorthCarolina
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] 1-877-623-6748

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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
February 15, 2011
Mr. Chase Harper, Vice President
Nantahala Mountain Village Inc.
9400 Highway 19 W
Bryson City, North Carolina 28713
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0066
Permit No. NCO037737
Nantahala Village WWTP
Swain County
Dear Mr. Harper:
A review of Nantahala Village's WWTP monitoring report for September 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Nitrogen, Ammonia Total 09/30/2010 5.5 mg/I 6.05 mg/I Monthly
(as N) - Concentration Average
Exceeded
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 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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Mike Awtrey/ORC
S:\SWP\Swain\Wastewater\Minors\Nantahala Village Resort 37737\NOV-2011-LV-0066.doc NonAhCarotina
,Vatimally
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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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 15, 2011
Mr. Charles J. Salas, Asset Manager
Reprop Financial Mortgage Investors LLC and Diversified Lending Group Inc.
4711 Viewridge Avenue
Suite 270
San Diego, California 92123
Subject: NOTICE OF VIOLATION
NOV-201 1-LV-0068
Permit No. NCO080098
Linville Falls Mountain Club and Preserve WWTP
McDowell County
Dear Mr. Salas:
A review of Linville Falls Mountain Club and Preserve's WWTP monitoring report for August 2010 showed
the following violations:
- Parameter Date Limit Value Reported Value Limit Type
DO, Oxygen, Dissolved 08/19/2010 6 mg/I 4.23 mg/I Daily Minimum
Not Reached
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 for the non-compliance.
Additionally, the Limit box under the Dissolved Oxygen column was marked with "NU (No Limit). There is a
minimum limit for Dissolved Oxygen. On the Limits Page of your NPDES Permit NCO080098 it states: "The daily
average dissolved oxygen concentration shall not be less than 6.0 mg 1 L." Please address the protocol for this
parameter.
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. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 8281296-4500.
Sincerely, rr��
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Dennis Perk/ Homeowners Association
James & James Environmental/ORC
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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] 1-877-623-6748

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NCQENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
February 15, 2011
Joseph M Moore
City of Brevard
95 W Main St
Brevard NC 28712
SUBJECT: Compliance Evaluation Inspection
Brevard WWTP
Permit No: NCO060534
Transylvania County
Dear Mr. Moore:
Enclosed please find a copy of the Compliance Evaluation Inspection Report from
the inspection conducted on February 3, 2011. The Compliance Evaluation Inspection
was conducted by Don Price and I of the Asheville Regional Office. The facility was
found to be in Compliance with permit NC0060534.
Please refer to the enclosed inspection report for additional observations and
comments. The assistance provided by Emory Owen and his staff during the inspection
was greatly appreciated. If you have any questions, please do not hesitate to contact me
at 2964500.
Sincer ly,
Keith ayn
Environmental Sr. Specialist
Enclosure
cc: Emory Gaine Owen, ORC
Central Files
Asheville Files
S:\SWP\Transylvania\Wastewater\Municipal\Brevard WWTP 60534\2.3.110EIletter.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE 0P
Location:2090 U.S. Highway 70,Swannanoa,NC 28778 NorthCarolliina
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748 �atuja`l�
Internet:www.ncwaterauality.org

United States Environmental Protection Agency Form Approved.
EPA 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 J NI 2 I =I 31 N0O060534 Ill 121 11/02/03 117 181 CI 191.cl 20I 1
J IJ Remarks 1 J
211111111111111111111111111111111111111111111I1116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA -------------—-----------Reserved----—---------------
67I 169 70 U 71 IU 72�NI 73�74 751 1 I 1 1 I Li 80
Section B: Facility Data 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)
10:30 AM 11/02/03 06/07/01
Brevard WWTP
3226 Wilson Rd Exit Time/Date Permit Expiration Date
Pisgah Forest NC 28766 12:15 PM 11/02/03 10/09/30
Name(s)of Onsite Representative(s)ffitles(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
Joseph M Mocre,95 W Main St Brevard NC 26712//828-885-5601/828883285 No
i
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Flow Measurement Operations&Maintenance 0 Records/Reports
Self-Monitoring Program a 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
Don Price ARO WQ//828-296-4500/ f
Keith Haynes {e ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Da
Roger C Edwardslk& ARO WQ//828-296-4500/ ©(
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1
3I N00060534 I11 12� 11/02/03 I17 18I0I \
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The facility appeared to be properly maintained and well operated.
Page# 2

Permit: NCO060534 Owner-Facility: Brevard WWTP
Inspection Date: 02/03/2011 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA, NE
Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑
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? ■ ❑ ❑ ❑
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? ■ Cl ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ n ❑
Comment: Dechlorination is not mentioned in the permit
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑
Is all required information readily available,complete and current? ■ ❑ ❑ ❑
Are all records maintained for 3 years(lab, reg. required 5 years)? ■ ❑ ❑ ❑
Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■
Is the chain-of-custody complete? ■ ❑ (l ❑
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? ■ ❑ ❑ ❑
Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ❑ ■
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑
Is the ORC visitation log available and current? ■ ❑ ❑ ❑
Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑
Is the backup operator certified at one grade less or greater than the facility classification? ■ 0 ❑ ❑
Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑
Page# 3

Permit: NC0060534 Owner-Facility: Brevard WWTP
Inspection Date: 02/03/2011 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Facility has copy of previous year's Annual Report on file for review? 0 ❑ ■ 0
Comment: In Town
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ fl I] El
Is flow meter calibrated annually? ■ ❑ Q 0
Is the flow meter operational? ■ ❑ I_l
(If units are separated)Does the chart recorder match the flow meter? ■ 0 ❑ El
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual Q
b.Mechanical ■
Are the bars adequately screening debris? ■
Is the screen free of excessive debris? ■ ❑ C! 0
Is disposal of screening in compliance? ■ Q I_l 0
Is the unit in good condition? ■ ❑ ❑ Q
Comment: four microscreens
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ Q n I]
Is the site free of excessive buildup of solids in center well of circular clarifier? ■ i, El
Are weirs level? ■ o Q
Is the site free of weir blockage? ■ 0 I] 0
Is the site free of evidence of short-circuiting? ■ ❑ 0 n
Is scum removal adequate? ■ ■ Q
Is the site free of excessive floating sludge? ■ ❑ 0 ❑
Is the drive unit operational? ■ Q
Is the return rate acceptable(low turbulence)? ■ fl I] 0
Is the overflow clear of excessive solids/pin floc? ■ o Q
Is the sludge blanket level acceptable?(Approximately%4 of the sidewall depth) ■ ❑ Q
Comment:
Page# 4

Permit: NCO060534 Owner-Facility: Brevard WWTP
Inspection Date: 02/03/2011 Inspection Type: Compliance Evaluation
Standby Polder Yes No NA NE
Is automatically activated standby power available? ■ 0 0
11
Is the generator tested by interrupting primary power source? ■ n Q Q
Is the generator tested under load? 11■ ❑ 11
Was generator tested&operational during the inspection? Q ❑ ■
Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ 0 11 Q
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ ❑ Q ❑
Is the generator fuel level monitored? ■ Q n Q
Comment:
Disinfection-Liquid Yes No NA NE
Is there adequate reserve supply of disinfectant? ■ 0 ❑ Q
(Sodium Hypochlorite)Is pump feed system operational? ■ Q 0 Q
Is bulk storage tank containment area adequate?(free of leaks/open drains) ■ [1 ❑ Q
Is the level of chlorine residual acceptable? ■ Q ❑ Q
Is the contact chamber free of growth,or sludge buildup? ® ❑ 0 0
Is there chlorine residual prior to de-chlorination? Q 0 ■
Comment: One of two contact basins is in use.
De-chlorination Yes No NA NE
Type of system? Liquid
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ D 0
Is storage appropriate for cylinders? Q El ■ n
#Is de-chlorination substance stored away from chlorine containers? ■ 0 ❑
Comment:
Are the tablets the proper size and type? 0 ■ D
Are tablet de-chlorinators operational? Q 0 ■ 0
0
Number of tubes in use?
Comment: Liquid Calcium Thiosulfate
Page# 5

AFly-WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins
Dee Freeman
Governor Director
Secretary
February 15,2011
Jeff Brookshire
Transylvania County Landfill
500 Howell Road
Brevard,NC 28712
SUBJECT: Notice of Violation and Recommendation for Enforcement
Transylvania County Landfill
NPDES General Stormwater Permit NCG 120000
COC#NCG120070
Transylvania County
Response Due Date: March 31,2011
Dear Mr.Brookshire:
\,his letter is in follow-up to the National Pollution Discharge Elimination System(NPDES) General Permit
NCG120000 (NCG120070) compliance inspection conducted on January 27, 2011. Present during the
inspection were Kevin Barnett with Division of Water Quality, as well as yourself, Vicki Guy, and Pete Stamey
with the Transylvania County Landfill. The facility was found to be in violation of permit NCG120070.
Permit Violations
Part II Section A.2.— Sedimentation and Erosion Control Plan deviation.
During the inspection and subsequent file review discrepancies were noted between the approved Sedimentation
and Erosion Control Plan from Division of Land Resources and the existing conditions; including Sediment
Basin#1 and two instream (online)basins.
Part II Section A.3. -Landfill Permit Water Protection Requirements (15A NCAC 13B.1626). The Division
of Waste Management issued a Notice of Violation dated May 26, 2010 for 15A NCAC 13B. 1626 (8)(d).
During a file review of the Summary of Historical Surface Water Cbnstituents, specifically SMP-1, required by
the Division of Waste Management several Water Quality Standard violations(15A NCAC 2B.0200) were
noted. These water quality violations are associated with the following parameters: pH,temperature, toluene,
and turbidity.
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone]\FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NorthCarollna
Aahmally
An Equal Opportunity 1 Affirmative Action Employer

Transylvania County Landfill
February 15,2011
Page 2 of 3
Permit Violations (Continued)
Part II Section B -Analytical Monitoring Requirements.
Analytical monitoring has not been conducted and recorded in accordance with permit requirements. The
Division of Water Quality inspection performed in March 2006 informed the County of the Analytical
Monitoring requirements.
Part II Section C - Qualitative Monitoring Requirements.
Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. The
Division of Water Quality inspection performed in March 2006 informed the County of the Qualitative
Monitoring requirements.
Part III Section A.2. - Duty to Comply.
The aforementioned permit violations indicate your failure to comply with the NCG120070 permit.
Please Note
The March 2006 inspection mentioned above also commented on Secondary Containment at the Transylvania
County Landfill. During the January 2011 inspection,the Division of Water Quality did not have time to
evaluate the Secondary Containment onsite. Please revisit Part II Section A.4. of the NCG120070 permit to
make sure the facility is compliant with Secondary Containment Requirements and Records.
Required Response
Please respond to the following items by March 31,2011.
Part II Section A. 2.—Sedimentation and Erosion Control Plan Deviation.
An inspection of the facility by the Division of Land Resources is needed. By copy of this Notice of Violation
the Division of Water Quality is requesting a compliance inspection be performed by the Division of Land
Resources.
During the January 27, 2011 inspection four(4) erosion control basins were noted: two (2)permitted basins and
two (2) online non-permitted basins. Please apply to Division of Land Resources (DLR) if you plan to maintain
basins in the vicinity of the 2 online basins. Note: Online basins are not permittable, therefore you need to
evaluate this area for acceptable erosion control and explain how you plan to restore the stream. A Plan
Modification submitted to DLR may be needed for Sediment Basin#1.
Part II Section A.3. - Landfill Permit Water Protection Requirements.
The Division of Waste Management issued this Landfill a Notice of Violation dated May 26, 2010 for 15A
NCAC 13B. 1626 (8)(d). The NCG120070 permit requires you to be compliant with the Landfill Permit.
Please explain when you plan to be in compliance with Division of Waste Management.
Also, please explain why the Water Quality Standards Violations occurred and, until further notice, initiate
monthly Analytical Monitoring of Woodruff Branch for the following parameters: pH, temperature, and
turbidity. These samples shall be taken from Woodruff Branch monthly just downstream of the confluence of
Woodruff Branch and Sediment Basin#1. This sampling shall begin immediately and sample results shall be
submitted to: Division of Water Quality, 2090 HWY 70, Swannanoa NC 28778.

,.fired Response(Continued)
:'art II Section B - Analytical Monitoring Requirements.
Until further notice,Analytical Monitoring of the Stormwater Discharge Outfall locations shall be
conducted monthly for the parameters required in Table 1 of your NCG120070 permit. This sampling shall
begin immediately and sample results shall be submitted to: Division of Water Quality, 2090 HWY 703
Swannanoa NC 28778.
Part II Section C - Qualitative Monitoring Requirements.
Until further notice,submit the Qualitative Monitoring of the Stormwater Discharge Outfall for the
parameters required in Table 4 of your NCG120070 permit. These inspections shall begin immediately and the
inspections shall be submitted weekly to: Division of Water Quality, 2090 HWY 70, Swannanoa NC 28778.
Thank you for your attention to this matter. This office requires that the violations, detailed above, be abated
immediately. These violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact
Linda Wiggs [phone].
Sincerely,
Roger C. Edwards
egional Supervisor
Surface Water Protection
cc: Central Files
Asheville Files
DWM-ARO
DLR-ARO
Transylvania County Manger
DWM-Ervin Lane(e-copy)
Joyce Engineering-Hannu(e-copy)
S:\SWP\Transylvania\Stormwater\NCG12 Landfills\trans co Landfill\NOV-2011-pc-0089.2.doc

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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
February 16, 2011
Mr. William H. Mills
Marquis Property Management LLC
505 Racking Cove Road
Sylva, North Carolina 28779
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0070
Permit No. NCO032808
Morningstar of Jackson WWTP
Jackson County
Dear Mr. Mills:
A review of Morningstar of Jackson's WWTP monitoring report for September 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Colliform, Fecal MF, M-FC 09/07/2010 400#/100ml 480#/100ml Daily Maximum
Broth,44.5C Exceeded
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 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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards; Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
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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.ncwaterauality.org FAX [phone] 1-877-623-6748

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Division of Water Quality
Surface Water Protection
Asheville Regional Office
Memorandum
To: Cyndi Karoly—Wetlands and Stormwater Branch
Ian McMillan-WBSCP Unit
From: Roger C.Edwards. ;�'
Date: February 16,2011
Re: 401 Water Quality Certification Applications Processing Procedures Version 3
In an effort to clarify and support the efficiency of the 401 Water Quality Certification
Application handling procedures that take place between the WBSCP Unit(Unit)and the
Asheville Regional Office,the following has been developed.
1. Individual Certification applications will be processed fully by Unit staff with ARO
personnel providing field inspections and associated comments as necessary.
➢ ARO shall be provided a complete hard-copy of the package.
➢ ARO will input comments to BIMS and deliver them via an electronic document.
2. Stream/Wetland restoration project applications will be reviewed and acted upon
by ARO personnel with the exception noted below.
➢ Unit staff will provide an administrative review for completeness.
➢ ARO shall be provided a complete hard-copy of the package.
Exception: EEP Design-Bid-Build projects will be processed fully by Unit staff with
ARO personnel providing field inspections and associated comments as necessary.
• ARO shall be provided a complete hard-copy of the package.
• ARO comments will be delivered one week prior to the 30-day EEP deadline
via the input of comments to BIMS and delivery of an electronic document.
3. Nationwide permits
Unit receives 401 Application package:
Unit performs administrative review of application package to confirm.the following
information is included and correct:
a. Application fee
b. Owner/Applicant information
Version 3
SASWP\4 NonpointSource\401s-Wetlands\Memo 401ApplicationProcessing_2-14-11.doc

c. Five(5)complete and collated copies of the PCN Application and supporting
documentation
➢ If application is complete:
■ Project number is assigned
■ BIMS entry completed
■ Review sheet filled out
■ One hard-copy application package delivered to the ARO
➢ If application incomplete:
■ Administrative Additional Information Request sent to owner/agent
■ Once additional information to complete package is received, follow
bulleted steps outlined above.
ARO receives complete 401 Application package:
_
ARO Admin staff creates appropriate folders and delivers to Nonpoint
Source Team.
Appropriate Nonpoint Source Team member performs technical review of
application.
➢ If application is complete:
■ Approval letter generated
■ Package given to second staff member for review
■ Approval letter delivered to owner/agent and copy to Unit
■ BIMS entry completed
■ Completed package filed
➢ If application is incomplete:
■ Technical Additional Information Request generated
■ Package given to second staff member for review
■ Technical Additional Information Request letter delivered to -
owner/agent and copy to Unit
■ BIMS entry completed
■ If applicant response is received by the required deadline,
review for completeness and issue following the bulleted steps
above or return as incomplete.
The ARO will continue to process applications per existing guidance memos pertaining to
additional information requests,return of applications and timelines.
Page 2 of 2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 16, 2011
Mr. W.E. Chaiken, Sec. Treasurer
The Point at Glenville Lake Association, Inc.
P.O. ]Box 1241
Cashiers,North Carolina 28717
Subject: Return of Application
401 Water Quality Certification
The Point at Glenville Lake Association, Inc. — Shoreline Stabilization
DWQ Project# 10-10 19
Jackson County
Dear Mr. Chaiken:
The Division of Water Quality (DWQ)has reviewed the most recent additional information submittal, received
January 26, 2011, for the subject project. The requisite information required to complete the review process
was not included (specifically, written documentation requested in Item 2 of DWQ's letter dated January 18,
2011). Therefore, the project application is considered incomplete and inadequate for review by the DWQ.
Please note: No impacts associated with the subject project are approved at this time.
To pursue the project further, a new Pre-Construction Notification and applicable fee will be required, as,well
as the additional information presented below.
Additional Information Required:
1. Review of Bioengineered Stabilization Techniques
As stated in the previous letter, "DWQ will not approve rip-rap or hard structures until this
option (bioengineered techniques) is evaluated." No written information has been provided to
compel DWQ to approve rip-rap for that area. The proposed area still appears to be a potentially
suitable place for bioengineered techniques (and DWQ discussed this with Mr. Shelton, Jackson
County Planning). DWQ recommends you contact either contact Jackson County Soil and Water
or contact an environmental consulting firm experienced in bioengineered techniques to explore
the possibility of this option and its viability for your chosen location. You may also wish to
contact Lisa Leatherman (Duke Energy) directly, as she may provide guidance regarding the
possibility of bioengineered techniques (and may be able to direct you to other property owners
on Duke Energy lakes with successful projects).

Mr Chaiken
February 16,2011
Page 2 of 2
Upon receipt of a complete application along with the applicable fee,the DWQ will promptly review the
package and respond accordingly.Please call Susan A. Wilson 828 296-4664, if you have any questions.
Sincerely,
O- 1 zz;�_A
D
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: Tyler Crumbley-US Army Corps of Engineers Asheville Field Office
David McHenry -North Carolina Wildlife Resources Commission
Ian McMillan-401 Permitting Unit
Robert Shelton, Jackson County Planning
Bob Martin, Bob's Docks
Kimberly R. Coward, Registered Agent, P.O. Box 1918, Cashiers,NC 28717
ARO File copy
S:\SWP\Jackson\401s\Non-DOT\Glenville Lake Assoc-The Point\RTN.The Point Lake Glenv.2 201 Ldoc

AW
irCUMPR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 17, 2011
Mr. Andrew G. Bradley, VP, Environmental Affairs
Unimin Corporation
258 Elm Street
New Canaan, Connecticut 06840
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0048
Permit No. NC0000361
Schoolhouse Quartz facility
Avery County
Dear Mr. Bradley:
A review of Schoolhouse Quartz facility's monitoring report for June 2010 showed the following
violation:
Parameter Date Measuring Violation
Frequency
Oil and Grease Quarter ending June 2010 Quarterly 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 for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc; DWQ Asheville Files
DWQ Central Files
Jeff Ferguson/ Unimin
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 ncwaterauality.ora FAX [phone] 1-877-623-6748

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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
February 17, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7009 1680 0000 7515 2427
Mr. Bryan Steen, County Manager
Burke County
Burke County General Services
P. O. Box 1486
100 Government Drive
Morganton, N.C. 28655
Subject: NOV-2011-PC-0126
Notice of Violation/Recommendation for
Enforcement
Compliance Evaluation Inspection
Burke County Sewer Collection System
NPDES Permit No. WQCS00324
Burke County
Dear Mr. Steen:
Mr. Don Price of the Asheville Regional Office of the NC Division of Water Quality (DWQ or
Division) conducted a compliance evaluation inspection (CEI) of the Burke County wastewater
collection system (WWCS) on January 14, 2011. The assistance and cooperation of Mr. Carson
Fisher and Anthony Ray, in conducting the inspection was greatly appreciated. An inspection
check list and inspection findings are summarized on the attached inspection report.
Site/System Review
The current Sewer Collection System consists of 12 miles of gravity sewer line and 14 miles of
force main with 6 pump stations. The 'Indian Hills' Pump Station was the only pump station visited
during the inspection. Items noted, that need "IMMEDIATE" attention are as follows: the Indian
Hills P/S include; 'Stand-by Generator is not functional, reference was made that this situation has
existed since July 2010. Corrective action must be taken at once. There were no records of line
cleaning and line/system inspection(s). Records were available of Pump Station Inspections.
Please note your NPDES permit WQCS00324 requires 10% cleaning of the sewer collection
system each year. The permit also requires an 'entire' collection system inspection be made each
year, and high priority lines inspected twice per year. A CIP (Capital Improvement Plan) is required
by NPDES permit WQCS00324. All indications reveal Burke County's CIP expired in 2010, and
efforts have not been made to correct and/or update. A FOG (Fats, Oils and Grease) ordinance is
a requirement of NPDES permit WQCS00324.No indication was made that current FOG ordinance
meets permit requirements.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarollna
Internet:www,ncwaterquality.org aturally
An Equal Opportunity 1 Affirmative Action Employer YLl b

Burke County Sewer Collection System
Permit#WQCS00324
CEI-NOWN01,Page 2 of 2
Current staffing allows for only a minimum amount of system maintenance and inspection to be -
conducted. The current staff does both Water Distribution and Sewer Collection system operation
and maintenance. NPDES permit WQCS00324 requires the ENTIRE Collection System be
inspected at least annually and that 10% of the 26 miles (137,280 feet) of sewer line be cleaned
each year. This is equal to 2.6 miles or 13,728 feet of line. It is suggested that system staffing be
reviewed as a part of any Sanitary Sewer Evaluation study Burke County may conduct.
Suggestions/Recommendations
A copy of the current NPDES permit WQCS00324 is attached for your review. This permit was
issued to Burke County in 2005 and the expiration date was extended 3 years in 2010 to 2013.
Please note the "Items" in BOLD. A time line was given in the permit to meet these requirements,
and no indication has been offered to this office that these requirements have been met. Burke
County should take `immediate' steps to address these permit requirements.
Please be aware that, in accordance with NC General Statute 143-215.6A, the Director of the
Division of Water Quality may assess civil penalties not to exceed $ 25,000 per day, per violation,
for violations of 15A NCAC 02T .0400, et seq. Please provide a detailed response to the items
listed in this letter and the attached inspection report within thirty (30) days to this office, in
addition to the items listed in BOLD in the copy of Burke County's Collection System permit
WQCS00324. Your response to this letter will be considered in deciding whether to proceed with
an Enforcement Action. �-
�r;
If you have any questions or additional information is needed regarding this inspection or this
letter, please call Mr. Don Price at [phone]. Thank you for your cooperation in this matter.
R
Sincerely,
e
Roger C. Edwards
Surface Water Regional Supervisor
Asheville Regional Office
Division of Water Quality
Attachments:
CC: ARO —SWP
PERCS Unit
TACU Unit— Raleigh
Carson Fisher, Burke County Engineer
51SWMBurkeZollection Systems\Burke County Collection SvstemlBurke County Collection System CEI ILtr 01 14 2011 NOV 2011 PC 0126.doc
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Compliance Inspection Report
Permit: WQCS00324 Effective: 06/24/05 Expiration: 05/31/13 Owner: Burke County General Services
. SOC: Effective: Expiration: Facility: Burke County Collection System
County: Burke PO Box 219
Region. Asheville
Morganton NC 28655
Contact Person: Carson Fisher Title: Phone:[phone]
Directions to Facility:
System Classifications: CSNC, CS1, CS4,
Primary ORC: Hugh Carson Fisher Certification:992874 Phone:[phone]
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
NCO040797 City of Hickory-Henry Fork VWVfP
NCO041696 Town of Valdese-Lake Rhodiss WVVfP
Inspection Date: 01/14/2011 Entry Time: 01:30 PM Exit Time: 04:30 PM
Primary Inspector Don Price Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Collection System Inspect Non Sampling
Permit Inspection Type: Collection system management and operation
Facility Status: 0 Compliant ■ Not Compliant
Question Areas:
Miscellaneous Questions Operation&Maint Reqmts Records ■Monitoring&Rpting
Reqmts
[inspections Pump Station
(See attachment summary)
Page: 1

Permit:WQCS00324 Owner-Facility: Burke County General Services
Inspection Date: 01/14/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine
Inspection Summary:
The previous Compliance Evaluation Inspection was conducted September 16, 2008. In that inspection several items
were noted that should have been addressed.Those items are as follows :
-Designation of an ORC (Operator in Responsible Charge)and back-up ORC; current designation in BIMS database has
Carson Fisher, cert. number 992874, listed as ORC, but no back-up ORC is listed.
-10%sewer line cleaning is required by part 2, number 8 of NPDES permit WQCS00324; no indication was given that
this has been completed.
-Right-of-Way maintenance is required in part 2, number 7 of NPDES permit WQCS00324; no indication or
documentation was given that Burke County's Sewer Collection system Right-of-Ways are maintained.
-CIP(capital Improvement Plan) is required by part 1, number 5 of NPDES permit WQCS00324; file review indicated a
CIP had been developed, but expired in 2010,with no indication of re-newing or system areas to be addressed.
-FOG (Fats, Oils &Grease) ordinance and twice/year education program developed and implemented. File review
indicated that a FOG ordinance was developed and submitted to ARO via fax dated Feb.26, 2009, but there has been no
indication that Burke County require(s) Grease Traps and Grease interceptors, nor is there indication Burke County has
an inspection program for the same.Part 1, number 4 of NPDES permit WQCS00324 requires Burke County to develop
and implement an enforceable FOG program for non-residential users under which Burke County can take enforcement
against users who have not properly installed, operated, and maintained grease traps or grease interceptors as directed
or otherwise violated the terms of Burke County's ordinance pertaining to FOG.
-Pump Station reliability, part 1, number 2 of NPDES permit WQCS00324, states... 'the permittee(Burke County)shall
maintain a contingency plan for pump failure at each pump station. If one pump fails in a pump station containing multiple
pumps, the process of replacing or repairing the pump shall be implemented immediately and the new parts or pump shall -
be installed as soon as possible...'The"Indian Hills P/S"was visited during the inspection with indication that"ONLY ONE J
PUMP"works. Actions should be taken"IMMEDIATELY"to correct this situation.A review was made of SSO's that have
occurred in Burke County's system from last inspection Sept. 2008 through the present Feb. 2011. Data indicates Burke
County had 9 reportable SSO's from the Indian Hills P/S in that time period. 2 in 2008; 5 in 2009;and 2 in 2010.This is a
repeat location.
Page: 2

Permit:WQCS00324 Owner-Facility: Burke County General Services
Inspection Date: 01/14/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine
Inspections Yes No NA NE
Are;maintenance records for sewer lines available? ■ ❑ ❑ ❑
Are records available that document pump station inspections? ■ ❑ El ❑
Are:SCADA or telemetry equipped pump stations inspected at least once a week? ■ n ❑ n
Are non-SCADA/telemetry equipped pump stations inspected every day? ■ ❑ ❑ ❑
Are records available that document citizen complaints? ❑ ■ ❑ ❑
#Do you have a system to conduct an annual observation of entire system? Cl ■ ❑ ❑
#Has there been an observation of remote areas in the last year? ❑ ■ n ❑
Are records available that document inspections of high-priority lines? ■ ❑ n n
Has there been visual inspections of high-priority lines in last six months? ❑ ■ ❑ ❑
Comment: Inspection records for Pump Stations, Right-of-Ways, Manholes, and
Sewer Lines do exist, they are not up to date.
Operation &Maintenance Requirements Yes No NA NE
Are all log books available? ■ n ❑ ❑
Does supervisor review all log books on a regular basis? ■ ❑ ❑ ❑
Does the supervisor have plans to address documented short-term problem areas? ■ ❑ n n
What is the schedule for reviewing inspection,maintenance, &operations logs and problem areas?
once per month.
Are maintenance records for equipment available? ■ ❑ ❑ ❑
Is a schedule maintained for testing emergency/standby equipment? ❑ ■ ❑ ❑
What is the schedule for testing emergency/standby equipment?
Do pump station logs include:
Inside and outside cleaning and debris removal? ❑ ■ ❑ Cl
Inspecting and exercising all valves? ❑ ■ ❑ ❑
Inspecting and lubricating pumps and other equipment? ❑ ■ ❑ ❑
Inspecting alarms,telemetry and auxiliary equipment? ❑ ■ ❑ ❑
Is there at least one spare pump for each pump station w/o pump reliability? ❑ ■ ❑ ❑
Are maintenance records for right-of-ways available? ❑ ■ ❑ ❑
Are right-of-ways currently accessible in the event of an emergency? ❑ ❑ ❑ ■
Are;system cleaning records available? ❑ ■ ❑ ❑
Has at least 10%of system been cleaned annually? ❑ ■ ❑ ❑
Page: 3

Permit:WQCS00324 Owner-Facility: Burke County General Services
Inspection Date: 01/14/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine
What areas are scheduled for cleaning in the next 12 months?
Is a Spill Response Action Plan available? ■ ❑ ❑ ❑
Does the plan include:
24-hour contact numbers ■ ❑ ❑ ❑
Response time ❑ ■ ❑ ❑
Equipment list and spare parts inventory ❑ ■ ❑ ❑
Access to cleaning equipment ❑ ■ ❑ ❑
Access to construction crews, contractors, and/or engineers ■ ❑ ❑ ❑
Source of emergency funds ■ ❑ ❑ ❑
Site sanitation and cleanup materials ■ ❑ Cl ❑
Post-overflow/spill assessment ❑ ■ ❑ ❑
Is a Spill Response Action Plan available for all personnel? ❑ ■ ❑ ❑
Is the spare parts inventory adequate? ❑ ■ n ❑
Comment: Burke County Collection System need to'Develop' and maintain an O & M
program consistent with the needs of their system. Staffing deficiencies are not a
defense for poor O & M of the system.
Records Yes No NA NE
Are adequate records of all SSOs,spills and complaints available? ■ ❑ ❑ ❑
Are records of SSOs that are under the reportable threshold available? ■ ❑ ❑ ❑
Do spill records indicate repeated overflows(2 or more in 12 months)at same location? ■ ❑ ❑ ❑
If yes, is there a corrective action plan? ■ ❑ Cl ❑
Is a map of the system available? ■ ❑ n n
Does the map include:
Pipe sizes ■ 0 ❑ ❑
Pipe materials ■ ❑ ❑ ❑
Pipe location ■ ❑ ❑ ❑
Flow direction ■ ❑ ❑ ❑
Approximate pipe age ❑ ■ Cl ❑
Number of service taps ❑ ■ ❑ ❑
Pump stations and capacity ❑ ■ ❑ ❑
If no,what percent is complete?
Page: 4

Permit:WQCS00324 Owner-Facility: Burke County General Services
Inspection Date: 01/14/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit:Routine
List any modifications and extensions that need to be added to the map
Current map meets minimum requirements of permit. More detailed information should be included that
addresses pipe age,service taps,and pump station capacity.
#Does the permittee have a copy of their permit? ■ ❑ ❑ ❑
Comment: '
Monitoring and Reporting Requirements Yes No NA NE
Are copies of required press releases and distribution lists available? ■ ❑ ❑ ❑
Are public notices and proof of publication available? ■ ❑ ❑ ❑
#Is an annual report being prepared in accordance with G.S. 143-215.1 C? ❑ ■ ❑ ❑
#Is permittee compliant with all compliance schedules in the permits? ❑ ■ ❑ p
If no,which one(s)?
Item(s)numbered 3,4 and 5. Item number 3 states"permittee shall develop and adopt an ordinance that
establishes its legal authority to require new sewers be properly constructed,to ensure proper inspection and
testing of sewer mains and service laterals, and to address flows from satellite systems and to take
enforcement action as required by condition 4,that addresses development and implementation of a"FOG"
(fats,Oils&Grease)program for both residential and non-residential users;current FOG ordinance appears
to not be'enforced', nor is there evidence that 2/year FOG education is conducted.. Item 5 addresses the
development of a'CIP'(Capital Improvement Plan)to designate funding for reinvestment into the wastewater
collection system owned,operated, and maintained by Burke County as listed in permit WQCS00324,the
current CIP'expiered'in 2010,and there has not been an updated CIP written.
Comment: The "Total" Sewer Collection System program covered in permit
WQCS00324 needs to be reviewed and "ALL"deficiencies corrected. Please note the
time line given in permit to address each requirement. No note if permit file makes
mention of any request for an 'extension' of the timeline. It is therefore expected that
Burke County would comply with conditions and requirements of the permit.
INDIAN HILLS P/S -outside Town of Long View
Pump Station Yes No NA NE
Pump station type Duplex
Are pump station logs available? ■ ❑ ❑ ❑
Is it accessible in all weather conditions? ❑ ■ ❑ [I
#Is general housekeeping acceptable? ❑ ■ ❑ ❑
Are all pumps present? ■ ❑ ❑ ❑
Are all pumps operable? 0 ■ ❑ ❑
Are wet wells free of excessive debris? ■ 0 ❑ ❑
Are upstream manholes free of excessive debris/signs of overflow? ❑ ■ ❑ ❑
Are floats/controls for pumps/alarms operable? ❑ ■ ❑ ❑
Is"auto polling"feature/SCADA present? fl ❑ ■ ❑
Page: 5

Permit:WQCS00324 Owner-Facility: Burke County General Services
Inspection Date: 01/14/2011 Inspection Type:Collection System Inspect Non Sampling Reason for Visit: Routine
Is"auto polling"feature/SCADA operational? D D ■ D
Is simple telemetry present? ■ D D D
Is simple telemetry operational? ■ D D D
Are audio and visual alarms present? ■ D D Cl
Are audio and visual alarms operable? D ■ D D
Is the Pump station inspected as required? ■ D n n
Are backflow devices in place? ■ D D D
Are backflow devices operable? D ■ D D
Are air relief valves in place? ■ D n n
Are air relief valves operable? D D D ■
# Is an emergency generator available? ■ D D D
Can the emergency generator run the pumps? ■ D D D
Is the pump station equipped for quick hook-up? D D ■ D
Is the generator operable? ❑ ■ n n
#Is fuel in tank and sufficient? D D D ='
Is the generator inspected according to their schedule? ■ D n n
Is a 24-hour notification sign posted? ® D D D
Does it include:
Instructions for notification? ■ D D D
Pump station identifier? ■ n n n
Emergency phone number ■ ❑ Cl
Is public access limited? ■ ❑ 0
Is pump station free of overflow piping? ■ ❑ D Cl
Is the pump station free of signs of overflow? D ■ D D
Are run times comparable for multiple pumps? no
Comment: At the time of the inspection the 'Indian Hills' pump station appeared to
have only one operational pump. Also, the on-site stand-by generator was not
operational as required by NPDES permit WQCS00324 and regulations.
w
Page: 6

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LJ1119L William G.Ross Jr.,Secretary�"""���� r North Carolina Department of Environment and Natural Resources
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Alan W.Klimek,P.E.,Director
Division of Water Quality
June 24,2005
Ron George,County Manager
Burke County
PO Box 1486
Morganton,NC 28680-1486
Subject: Permit No.WQCS00324
Burke County
Burke County Collection System
Burke County
Dear Mr. George:
In accordance with your application received on August 16,2004,we are forwarding herewith Permit
No.WQCS00324,dated June 24,2005,to Burke County for the operation and maintenance of the
subject wastewater collection system.
This permit shall be effective from the date of issuance until May 31,2010.This permit shall be subject to
the conditions and limitations specified herein. It is your responsibility to thoroughly review this permit.
Please pay particular attention to the monitoring and reporting requirements in this permit and any
compliance schedules shown in bold.
For purposes.of permitting,the collection system is considered to be any existing or newly installed
system extension up to the wastewater treatment facility property or point of connection with a
separately-owned sewer system. The collection system is considered all gravity lines,pump stations,
force mains,low pressure sewer systems,STEP systems,vacuum systems,etc. and associated piping,
valves and appurtenances that help to collect,manage and transport wastewater to a wastewater
treatment plant under the Permittee's ownership or maintained and operated by the Permittee through
a perpetual legal agreement.Satellite systems are systems tributary to the Permittee's collection system
but those collection systems are not owned or maintained by the Permittee.The system description
provided on Page 1 of this permit is meant to provide a general idea about the size of the system and
may not be all inclusive of the collection system at the time of permit issuance or afterward.
A release of wastewater from the wastewater collection system is referred to herein as a Sanitary Sewer
Overflow (SSO).The evaluation of enforcement options after a SSO will be determined considering the
criteria listed in condition 1(2)(a) and 1(2)(b) of the permit and all other relevant information available or
requested of the_Permittee. Compliance with all conditions of the permit as well as all statutes and
regulations pertaining to the collection system must be maintained or appropriate enforcement actions
may be taken as noted in Condition VI(2).
A reportable SSO is a SSO greater than 1,000 gallons to the ground or a SSO of any amount that reaches
surface water(including through ditches,storm drains,etc.) Below is the procedure to use for reporting
SSOs to the Division:
1. Report by telephone to a Division of Water Quality staff member (not facsimile or voicemail) at
your regional DWQ office during regular business hours (Monday to Friday,8AM to 5PM) as soon
as possible, but in no case more than 24 hours after the SSO is known or,discovered. To report
outside of regular business hours,call [phone].
� Pretreatment,Emergency Response and Collection Systems Unitinternet http://h2o.enr.state.nc.us/ndpu
NOnTtIlC�ol1n 1617 Mail Service Center,Raleigh,NC 27699-1617 Telephone [phone] Fax [phone]
llPa��tf DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50%recycled/107o post-consumer paper

June 24,2005 =
Page 2
2. Follow up the verbal report by sending a completed written report on the most current Division
approved form within five days.
To provide a uniform method for all systems covered under this permit and to provide useful and
consistent information pertaining to SSOs,a new'spill reporting form has been developed (October
2003). Form CS-SSO consists of two parts. Part I serves to provide to the Division the required information
that has always been necessary. Part II serves as an area to provide a justification for the spill,as
optional under Condition 1(2) of your permit. Form CS-SSO can be downloaded from
http://h2o.enrstate.nc.us/ndceu/from the Collection Systems area.
An NOV, civil penalty, and/or a moratorium on the addition of waste to the system may be issued if
adequate justification for an SSO is NOT submitted to the regional office. In order to submit a claim for
justification of an SSO, you must use the Form CS-SSO with additional documentation as necessary.
DWQ staff will review the justification claim and determine if enforcement action is appropriate. Please
be advised that the information needed to justify a spill is very comprehensive. Begin using this form
immediately to report SSOs from the collection system. Continue to use our old form for reporting
bypasses at the wastewater treatment plant until further notice.The time frame for submittal of both
Part I and Part II,if pertinent,is five days.
Failure to abide by the conditions in this permit may subject the Permittee to enforcement action. 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 thirty days following the receipt of this
permit. This request must be in the form of a written petition,conforming to Chapter 150E of the 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 have questions regarding compliance contact your regional office or Jeff Poupart of the
Pretreatment,Emergency Response and Collection Systems Unit of the North Carolina Division of Water
Quality at [phone] extension 527.If you need additional information concerning this permit,
please contact Deborah Gore in the Pretreatment, Emergency Response and Collection Systems Unit at
[phone] extension 593.
Sincerely,
Alan W. Klimek, P.E.
cc: Burke County Health Department
Dale Meyer, Director, Burke County General Services, Burke County
Jim Reid, Asheville Regional Office,Surface Water Protection Section
Technical Assistance and Certification Unit
Water Quality Central Files
Deborah Gore, PERCS Files
2 PERMIT NUMBER WQCS00324

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SYSTEM-WIDE WASTEWATER COLLECTION SYSTEM PERMIT
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
Burke County
Burke County
FOR THE
operation and maintenance of a wastewater collection system consisting of, at the time of permit
issuance, approximately 12 miles of gravity sewer,approximately 14 miles of force main, 4 duplex
pump stations,.and all associated piping,valves,and appurtenances required to make a complete
and operational wastewater collection system to serve the Burke County and any deemed permitted
satellite communities pursuant to the application received on August 16,2004,and in conformity with
the documents referenced therein and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until May 31,2010 and shall be subject to the
following specified conditions and limitations:
1. PERFORMANCE STANDARDS
1. The sewage and wastewater collected by this system shall be treated in the City of Hickory
Henry Fork Wastewater Treatment Facility (NC0040797) or the Town of Valdese Lake Rhodhiss —
WWTF(NC0041696) prior to being disposed into the receiving stream.This collection system
permit will be referenced upon renewal or modification of your NPDES permit(s).
2. The wastewater collection system shall be effectively managed, maintained and operated at all
times so that there is no SSO to land or surface waters, nor any contamination of groundwater. In
the event that the wastewater collection system fails to perform satisfactorily,including the
creation of nuisance conditions,the Permittee shall take immediate corrective actions,including
actions that may be required by the Division of Water Quality (Division),such as the construction
of additional or replacement sewer lines and/or equipment.
The Director may take enforcement action against the Permittee for SSOs that must be reported
to the Division as stipulated in Condition IV(2). This includes SSOs that were caused by severe
natural conditions or exceptional events unless the Permittee demonstrates through properly
signed, contemporaneous operating logs,or other relevant evidence that:
1 PERMIT NUMBER WQCS00324

aJ The SSO was caused by severe natural conditions; there were no feasible alternativ,
the SSO,such as the use of auxiliary treatment facilities,retention of untreated
wastewater,reduction of inflow and infiltration,use of adequate back-up equipment, or,
an increase in the capacity of the system. This provision is not satisfied if,in the exercise
of reasonable engineering judgment,the Permittee should have installed auxiliary or
additional collection system components,wastewater retention or treatment facilities,
adequate back-up equipment or should have reduced inflow and infiltration;or .
b) the SSO was exceptional, unintentional,temporary and caused by factors beyond the
reasonable control of the Permittee;the SSO could not have been prevented by the
exercise of reasonable control,such as proper management,operation and
maintenance;adequate treatment facilities or collection system facilities or components
(e.g.,adequately enlarging treatment or collection facilities to accommodate growth or
adequately controlling and preventing infiltration and inflow);preventive maintenance;
or installation of adequate back-up equipment;
The Permittee can submit a claim to the Division Regional Office that the SSO meets the criteria
of this condition.The Permittee has the option of submitting this claim along with the spill report
required by Condition IV(2) (i.e.,within five days) in order to be considered for immunity from
enforcement action. Form CS-SSO Part II,or most current Division approved form,shall be used
for any claims.The Permittee has the burden of proof that the above criteria have been met.
3. The Permittee shall establish by ordinance its legal authority to require new sewers be properly
constructed;to ensure proper inspection and testing of sewer mains and service laterals;to
address flows from satellite systems and to take enforcement action as required by Condition
1(4).
The Permittee shall develop and adopt an ordinance meeting this permit condition within 18
months of permit issuance.A copy of the adopted ordinance shall be provided to the Asheville
Regional Office,Surface Water Protection Section to show compliance with this condition.
4. The Permittee shall develop and implement an educational.fats,oils and grease program
targeted at both residential and non-residential users.The Permittee shall also develop and
implement an enforceable fats, oils and grease program for non-residential users under which
the Permittee can take enforcement against users who have not properly installed,operated
and maintained grease traps or grease interceptors as directed or otherwise violated the terms
of the local ordinance pertaining to fats,oils and grease.
The Permittee shall develop and implement an inspection and enforcement program for fats, oils
and grease within 18 months of permit issuance.A copy of the program materials shall be
provided to the Asheville Regional Office,Surface Water Protection Section to show compliance
with this condition.This schedule does not include the educational component of the program.
Educational materials shall be distributed at least annually,with increasing frequency and
targeted areas as grease related blockages are noted.
S. The Permittee shall adopt and implement a Capital Improvement Plan (CIP) to designate
funding for reinvestment into the wastewater collection system infrastructure.The CIP should
address the short-term needs and long-term"master plan"concepts. The CIP should typically
cover a three to-five year period and include a goal statement,description of the project area,
description of the existing facilities, known deficiencies (over a reasonable period) and
forecasted future needs. Cost analysis is integral to the CIP.
The Permittee shall develop and present a Capital Improvement Plan meeting this permit
condition for adoption within 18 months of a permit issuance. A copy of the Capital
Improvement Plan shall be provided to the Asheville Regional Office,Surface Water Protection
Section to show compliance with this condition.
6. Existing overflow piping from manholes and pump stations,excluding piping to approved
equalization structures, known or discovered after permit issuance shall be immediately
removed or permanently capped. Plugged emergency pumping connections are allowable for
portable pumping or rerouting without intentionally bypassing the wastewater treatment facility.
2 PERMIT NUMBER WQCS00324

7. The Permittee shall maintain a contingency plan for pump failure at each pump station. If one
of the pumps in a'pump station containing multiple pumps fails, the process of repairing or
replacing the pump shall be initiated immediately and the new parts or pump shall be installed
as soon as possible. If the pump in a simplex pump station fails,it shall be replaced immediately..
8. Each pump station shall be clearly and conspicuously posted with a pump station identifier and
an emergency contact telephone number at which an individual who can initiate or perform
emergency service for the wastewater collection system 24 hours per day,seven days per week
can be contacted. This emergency contact telephone number shall be coupled with
instructions that the emergency contact should be called if the visual alarm illuminates,if the
audible alarm sounds,or if an emergency is apparent.
9. Pump station sites,equipment and components shall have restricted access, per 15A NCAC2H
.0219(h)(7).
10. Pump stations that do not employ an automatic polling feature (i.e.routine contact with pump
stations from a central location to check operational status of the communication system)shall
:have both audible and visual high water alarms. The alarms shall be weather-proof and placed
in a clear and conspicuous location.Permits issued for the construction of pump stations that
included high water alarms in the description.must maintain the alarms even if simple telemetry
(i.e. notification of.an alarm condition initiated by the pump station control feature) is installed.
Pump stations meeting this condition shall be abandoned or retrofitted with audible and visual
alarms within 6 months of permit issuance.The Asheville Regional Office,Surface Water
Protection Section shall be notified upon compliance with this condition.
11. For all newly constructed, modified and rehabilitated pump stations,all equipment and
components located within the pump station shall be corrosion-resistant and components in
close proximity of the pump station shall be sealed within a corrosion-resistant coating or
encasement.
12. All construction and rehabilitation of the wastewater collection system (i.e., permitted or
deemed permitted) shall be scheduled to minimize the interruption of service by the existing
utilities. Construction and rehabilitation shall not result in the violation of Condition (1)(2) of this
permit.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. Upon classification of the collection system by the Water Pollution Control System Operators
Certification Commission (WPCSOCC),the Permittee shall designate and employ a certified
operator to be in responsible charge (ORC) and one or more certified operator(s) to be back-up
ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit the system
within 24 hours of knowledge of a bypass,spill,or overflow of wastewater from the system,unless
visited by the Back-Up ORC,and shall comply with all other conditions of 15A NCAC 8G .0204.
2. The Permittee shall develop and adhere to a schedule for reviewing all inspection,
maintenance, operational and complaint logs. If the review process results in the identification
of any recurring problem in the wastewater collection system,that can not be resolved in a short
time period,the Permittee shall establish.a plan for addressing the problem(s).
3. The Permittee shall develop and adhere to a schedule for testing emergency and standby
equipment.
4. The Permittee shall develop and implement a routine pump station inspection and maintenance:
program,which shall include, but not be limited to, the following maintenance activities:
3 PERMIT NUMBER WQCS00324

a. Cleaning and removing debris from the pump station structure,outside perimeter,any.
wet well;
b. Inspecting and exercising all valves;
c. Inspecting and lubricating pumps and other mechanical equipment according to the
manufacturer's recommendations;and
d. Verifying the proper operation of the alarms,telemetry system and auxiliary equipment.
5. For each pump station without pump reliability(i.e.simplex pump stations serving more than a
single building or pump stations not capable of pumping at a rate of 2.5 times the average daily
flow rate with the largest pump out of service),at least one fully operational spare pump
capable of pumping peak flow shall be maintained on hand.
6. The Permittee shall maintain on hand at least two percent of the number of pumps installed,but
no Jess than two pumps,that discharge to a pressure sewer and serve a single building, unless
the Permittee has the ability to purchase and install a replacement pump within 24 hours of first
knowledge of the simplex pump failure or within the storage capacity provided in any sewer line
extension permit.
7. Rights-of-way and/or easements shall be properly maintained to allow accessibility to the
wastewater collection system unless the Permittee can demonstrate the ability to gain
temporary access in an emergency situation where existing land-use conditions do not allow the
establishment and maintenance of permanent access. In this case,the Permittee shall continue
to observe the lines visually,utilize remote inspection methods (e.g. CCTV) and use the
opportunity of drier conditions to perform further inspections and necessary maintenance.
8. The Permittee shall assess cleaning needs, and develop and implement,a program for
appropriately cleaning,whether by hydraulic or mechanical methods, all sewer lines. At least 10
percent of the wastewater collection system,selected at the discretion of the ORC,shall be
cleaned each year. Preventative cleaning is not required for sewer lines less than five years old
unless inspection otherwise reveals the need for cleaning or cleaning is required by a sewer line
extension permit.
The Permittee shall develop a schedule to ramp up cleaning of the wastewater collection system
so that by the 24th month after permit issuance 10%of the system has been cleaned and 10%of
the system is cleaned each year after that.
9. Adequate measures shall be taken to contain and properly dispose of materials associated with
SSOs. The Permittee shall maintain a Response Action Plan that addresses the following
minimum items:
a. Contact phone numbers for 24-hour response,including weekends and holidays;
b. Response time;
c. Equipment list and spare parts inventory;
d. Access to cleaning equipment;
e. Access to construction crews, contractors and/or engineers;
f. Source(s) of emergency funds;
g. Site sanitation and clean up materials;and
h. Post-SSO assessment. .
The Permittee shall develop and present a Response Action Plan meeting this permit condition
Within 12 months of permit issuance.A copy of the Response Action Plan shall be provided to the
Asheville Regional Office,Surface Water Protection Section to show compliance with this
condition.
10. The Permittee,or their authorized representative,shall conduct an on-site evaluation for all SSOs
as soon as possible, but no more than two hours after first knowledge of the SSO.
4 PERMIT NUMBER WQCS00324

10. The Permittee,or their authorized representative,shall conduct an on-site evaluation for all SSOs
as soon as possible, but no more than two hours after first knowledge of the SSO.
11. In the event of a SSO or blockage within the wastewater collection system,the Permittee shall
restore the system operation,remove visible solids and paper,sanitize any ground area and
restore the surroundings.
111. RECORDS
1. Records shall be maintained to document compliance with Conditions 1(4), 11(2) 11(4), II(7) -II(8),
IV(3) and V(1)-V(4). Records shall be kept on file for a minimum of three years.
2. The Permittee shall maintain adequate records pertaining to SSOs,and complaints for a
- minimum of three years. These records shall include,but are not limited to,the following
information:
a. Date of SSO or complaint,-
b. Volume of wastewater released as a result of the SSO and/or nature of complaint;
c. Location of the SSO and/or complaint;
d. Estimated duration of the SSO;
e. Individual from the Division who was informed about the SSO and/or complaint,when
applicable;
f. Final destination of the SSO;
g. Corrective actions;
h. Known environmental/human health impacts resulting from the SSO;and
i. How the SSO was discovered.
3. The Permittee shall maintain an up-to-date,accurate, comprehensive map of its wastewater
collection system that also notes the locations where other wastewater collection systems
become tributary. If a comprehensive map of the collection system has not been established,a
rough sketch shall be drawn.The Permittee shall map approximately 10 percent of its existing
collection system each year for the next ten years,or until complete,whichever is sooner. The
comprehensive map shall include, but is not limited to:pipe size, pipe material, pipe location,
flow direction,approximate pipe age,number of active service taps,and each pump station
identification,location and capacity.
4. The Permittee shall maintain records of all of the modifications and extensions to the collection
system permitted herein. The Permittee shall maintain a copy of the construction record
drawings and specifications for modifications/extensions to the wastewater collection system for
the life of the modification/extension: Information concerning the extension shall be
incorporated into the map of the wastewater collection system within one year of the
completion of construction.The system description contained within this permit shall be updated
to include this modification/extension information upon permit renewal.
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including, but not necessarily limited to,wastewater flow,groundwater,surface
water,soil or plant tissue analyses) deemed necessary by the Division to ensure surface water
and groundwater protection will be established,and an acceptable sampling and reporting
schedule shall be followed.
5 PERMIT NUMBER WOCS00324

2. The Permittee shall verbally report to a Division of Water Quality staff member at the Ashes,
Regional Office,at telephone [phone] as soon as possible,but in no case.more than 24 .
hours following the occurrence or first knowledge of the occurrence of either of the following:
a. Any SSO and/or spill over 1,000 gallons; or
b. Any SSO and/or spill,regardless of volume, that reaches surface water.
Voice mail messages or faxed information shall not be considered as the initial verbal report.
SSOs (and other types of spills) occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number(800)858-0368 or [phone].
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.
3. The Permittee shall meet the annual reporting and notification requirements provided in North
Carolina General Statute§143-215.1 C.
V. INSPECTIONS
1. The Permittee or the Permittee's designee shall inspect the wastewater collection system
regularly to reduce the risk of malfunctions and deterioration,operator errors,and other issues
that may cause or lead to the release of wastes to the environment,threaten human health or
create nuisance conditions. The Permittee shall keep an inspection log or summary including,at
a minimum,the date and time of inspection,observations made,and any maintenance,
repairs,or corrective actions taken by the Permittee.
2. Pump stations without Supervisory Control and Data Acquisition (SCADA) systems or telemetry
shall,be inspected everyday (i.e.365 days per year). Pump stations equipped with SCADA ,-
systems or telemetry shall be inspected at least once per week.
3. A general observation of the.entire collection system shall be performed throughout the course
of every year.
4. Inspections of all high.priority lines (i.e.aerial line,sub-waterway crossing, line contacting surface
waters,siphon, line positioned parallel to stream banks that are subject to eroding in such a
manner that may threaten the sewer line,or line designated as high-priority in a permit) shall be
performed at least once per every six month period of time. A list of high-priority lines is
presented as Attachment A and is hereby incorporated into this permit condition. New high
priority lines installed or identified after permit issuance are incorporated by reference and
subject to this permit condition until permit renewal where they shall be referenced in writing in
Attachment A.
VI. GENERAL CONDITIONS
1. This permit is not transferable. In the event that the Permittee desires to transfer ownership of the
wastewater collection system or there is a name change of the Permittee,a formal permit
modification request shall be submitted to the Division.The request shall be accompanied by
documentation from the parties involved, and other supporting materials as may be
appropriate. Such request will be considered on its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina General
Statute§143-215.6A through§143-215.6C,and a sewer moratorium maybe established.
6 PERMIT NUMBER WQCS00324

The issuance of this permit does not exempt the Permittee from complying with.any and all
statutes,rules,regulations,or ordinances that may be imposed byother government agencies
(i.e.,local,state,and federal) having jurisdiction,including but not limited to applicable river
buffer rules in 15A NCAC 2B .0200,soil erosion and sedimentation control requirements in 15A .
NCAC Chapter 4 and under the Division's General Permit NCG010000,and any requirements
pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500and all applicable
North Carolina Occupational Safety and Health Act health and safety standards.
i 4. The issuance of this permit does not prohibit the Division from reopening and modifying the
permit,revoking and reissuing the permit or terminating the permit as allowed by the laws,rules,
and regulations contained in 15A NCAC 2H .0200 and North Carolina General Statute§143-215.1
et, al.,or as needed to address changes in federal regulations with respect to the wastewater
collection system.
5. The Permittee shall pay the annual fee within thirty (30) days after being billed.by the Division.
Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit
as specified by 15A NCAC 2H .0205(c)(4).
6. The Permittee shall request renewal of this permit at.least six months prior to the expiration.of this
permit. Upon receipt of the request,the Commission will review the adequacy of the
wastewater collection system described therein,and if warranted,will extend the permit for a
period of time and under such conditions and.limitations,as the Commission may deem
appropriate.
7. The Permittee shall notify the Division's Pretreatment, Emergency Response and Collection
Systems Unit in writing at 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 of any
changes to the name and/or address of the responsible party(i.e.mayor,city/town manager)
of the wastewater collection system.
8. Any duly authorized officer,employee,or representative of the Division may,upon presentation
of credentials, enter and inspect any property,premises or place on or related to the collection
system at any reasonable time for the purpose of determining compliance with this permit,may
inspect or copy any records that must be maintained under the terms,and conditions of this
permit,and may obtain samples of wastewater,groundwater,surface water,soil,or plant tissue.
9. This permit shall become voidable unless the agreement between Burke County and the City of
Hickory Henry Fork Wastewater Treatment Facility(NC0040797)or the Town of Valdese Lake
Rhodhiss WWTF (NC0041696) for the collection and final treatment of wastewater is in full force
and effect.
Permit issued this the 24th day of June,2005
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
an W. Klimek,P.E.,Director
c-4r Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQCS00324
7 PERMIT NUMBER WQCS00324

nT
Burke County Wastewater Collection Systems
Attachment A for Condition V(4)
1) Aerial line at Curville St.flume
Lat: N 35 45 29 Long: W 8132 43 ,
2) Geo.Hildebran School line.Henry River substream crossing.Johnson Bridge Rd. .
Lat: N 35 4123 Long: W 8126 59
3) Substream crossing at Huffman pump station
Lat: N 35 4316 Long: W 8126 03
4) Under-stream line at Eckard Creek pump station
Lat: N 35 43 22 Long: W 8127 01
5) Substream crossing force main at Drowning Creek pump station
Lat: N 35 43 46 Long: W 8128 44
6) Substream crossing south side of US 70,west end of fish pond
Lat: N 35 43 25 Long: W 8127 55
7) Substream crossing EBMS line Rhoney Rd.
Lat: N 35 43 02 Long: W 8127 53
8) EBMS line exposed pipe in box culvert under I-40
South end Lat: N 35 43 07 Long: W 8127 52
9) Subsurface line south of RR south of Eckard Creek pump station
Lat: N 3 5 43 19 Long: W81.2706
10) Aerial creek crossing south of US 70 east of CurleyyIs Fish Camp Rd.
Lat: N 35 42 59 Long: W 8126 29
11) Aerial creek crossing. Incoming line at Island Creek pump station
Lat: N 35 45 13 Long: W 8130 48
12) Aerial creek crossing Indian Hill outfall
Lat: N 35 43 55 Long: W 812519

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 17, 2011
Christopher C. Pearce, IV
WPA Carolinas, LLC
3411 Buena Vista Road
Winston Salem,North Carolina 27106
Subject: 401 Water Quality Certification -Approval
WPA Carolinas, LLC Residential Property
DWQ Project# 2010-1059
Transylvania County
SAV02/Taxaway River (Lake Toxaway)/4-(1) /Class B, Tr
Dear Mr. Pearce:
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 excavate open waters within or otherwise impact waters for the purpose of
'restoring aquatic contours at the subject property. The resulting slope should be a 3:1 (run : rise) such that the
resulting slope is stable. This approval does not approve the requested sea wall nor the stone check dam at the
head of the cove. There is an existing rock ledge in the cove that may serve the purpose of a forebay and be
maintained as such. 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 3687. This Certification allows
you to use Nationwide Permit 3 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:
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
828-296-45001 FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org ���������
An Equal Opportunity 1 Affirmative Action Employer

Christopher C.Pearce,IV
02/17/2011
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Cove excavation 0.01 (acres) Application
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 Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
U
Coleen H. Sullins, Director
CHS/khb
Enc: GC3687
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
David McHenry—NC Wildlife Resources Commission
File Copy
S;\SWP\Transylvania\401s\Non-DOT\WPACarolinasLLC.Toxaway\WRACarolinasLLC.Appvl.02-17-1 Ldoc

RMEMNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 17, 2011
_CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7009 1680 0000 7516 2434
Mr. J. Robert Boyette
City of Marion
P,O. Drawer 700
Marion,North Carolina 28752
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 NCO031879
City of Marion
Corpening Creek WWTP
Case No. LV-2011-0043
McDowell County
Dear Mr. Boyette:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$317.00
($250.00 civil penalty+ $67.00 enforcement costs) against the City of Marion.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the City of Marion for the month of August 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0031879. The violations which occurred in
August 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Marion violated the
teams, conditions or requirements of NPDES Permit NCO031879 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 City of Marion:
None
rthCarolina
�atura!!r�
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.ncwatercivality.org

0 of the 5 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0031879,by discharging waste water into the waters of the State
in violation of the Permit Daily Minimum limit for DO.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0031879, by discharging waste water into the waters of the State
in violation of the Permit Weekly Geometric Mean limit for FEC
COLI.
$250.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$317.00 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 o£
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

wring, such a request must be accompanied by a waiver of your right to an administrative
nearing 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 143 B-282.I(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 Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
e. � ;
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
Larry Carver/ORC w/attachments
5:`•.SI I":ti'fcl)ttt�cll`,�V<t lct tt�t`•.�lutti i stl,("im�>ttin;C.tecklM.IT 1879"IN-210I1-0043.&>c

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0043 County: McDowell
Assessed Party City of Marion/Corpening Creek WWTP
Permit No.: NCO031879 Amount Assessed: $317.00
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"
f®rm 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
lasted 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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
CITY OF MARION/ CORPENING CREEK )
PERMIT NO. NCO031879 ) FILE NO. LV-2011-0043
Having been assessed civil penalties totaling $317.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 17, 2011, 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
February 17,2011
Mr. J. J. Swain,Jr., P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Inspection-US Highway 221
DWQ Project 08-1809
Individual Certification No. 3784
TIP Nos. R-2233AA and AB Sections
Rutherford County
Dear Mr. Swain:
On February 14, 2011, I inspected the construction work on the US Highway 221 Project,R-2233AA and AB
Sections, in Rutherford County. Construction continues along most of the project with heavy grading and
bridge construction on the AA Section and construction has just started on the AB Section with tree removal,
grubbing and heavy grading.
Please ensure that all sediment and erosion control structures are maintained and seeding and mulching are
performed as required to protect State surface waters. Also,please refer to the attached inspection reports for
any specific items noted during the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Brian C. Skeens, PE
Roger Bryan,Division 13,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker,Asheville Regional Office
US Highway 221February 2011 Inspection Letter
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S,70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NorthCarofina
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer �� � ���

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DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R.Parker —� Date: February 14,2011
County: Buncombe Region: Asheville
DOT Division: Division 13
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 20081809 NW Permit#: IP#: 3784
Project Name: TIP No.R-2233AA
Location of Project: The project is located on US Highway 221 approximately 3 miles south of the
intersection of US Highway 74 and US Highway 221 in Rutherford County.
Project Complete: ❑Yes X No If no,estimated date of completion:
Activities(DOT): Water Quality Concerns(DWQ):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
X❑ Other Fill
Additional Wetland Impacts: ❑yes ❑ no Estimated Acres
❑ Zone I Est Acres ❑Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact: I i
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Broad River,Floyds Creek
Basin/Subbasin: Bli 030802
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
XBridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization ❑Fill
Authorized Wetland Impacts: X❑0— 1/10'h acre ❑1/11�'to 1/3`d acre
0.02 acres ❑1/3rdto 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
2,686 linear feet
Construction is underway on most of the project with heavy grading taking place along the entire length of the
AA Section. Construction is continuing at the new Broad River Bridge with part of the new deck being poured.
All areas that have been graded need to be seeded and mulched,such as the waste area near the North Carolina
South Carolina state line.
Silt fence should be installed near Station 275+00 to prevent sediment from entering state surface waters.
Most other areas of the project appeared to be in good condition but erosion control devices need to be
maintained and cleaned where necessary.
Continue to maintain erosion control devices and continue with seeding and mulching as required.
R2233AA inspection Report February 2011

DWQ Site Visits for DOT Projects
Field Sheet
DWQ representative: Michael R. Parker Date: February 14,2011
County: Buncombe Region: Asheville
DOT Division: Division 13
Activity: X 401 Compliance Evaluation [❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 20081809 NW Permit#: IP#: 3784
Project Name: TIP No.R-2233AB
Location of Project: The project is located on US Highway 221 approximately 3 miles south of the
intersection of US Highway 74 and US Highway 221 in Rutherford County.
Project Complete: ❑Yes X No If no, estimated date of completion:
Activities(DOT): Water Quality Concerns (DWQ):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration ❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts (see below)
❑ Buffer Restoration ❑ Other
X❑ Bank Stabilization
X❑ Other Fill
Additional Wetland Impacts: ❑yes ❑ no Estimated Acres
❑ Zone I Est Acres I ❑ Zone 2 Est Acres
Additional Stream Impacts: ❑yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Zone 2: []Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Broad River,Floyds Creek
Basin/ Subbasin: BRD 030802
Wetland Type: ❑Isolated ❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ,❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
XBridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization ❑Fill
Authorized Wetland Impacts: X❑0— 1/10"'acre ❑1/l ld'to 1/3`d acre
0.02 acres ❑1/3`dto 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet
2,686 linear feet
Construction has gotten underway on the south end of the project from Floyd's Creek north.
Tree removal and grubbing is being performed ahead of grading.
Please ensure that installation of sediment and erosion control devices are keeping pace with the construction.
Maintain erosion control devices and seed and mulch as required.
R2233AB Inspection Report February 2011

NCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 17, 2011
Mr. J. J. Swain, Jr.,P.E.
Division 13 Engineer
N.C. Department of Transportation
Post Office Box 3279
Asheville,North Carolina 28802
Subject: Stormwater Inspection
US Highway 221
DWQ Project No. 08-1809
TIP No. R-2233AA
Rutherford County
Dear Mr. Swain:
On February 14, 2011, I conducted a stormwater inspection for TIP Project No. R-2233AA,US Highway 221
construction,project in Rutherford County. The monitoring reports for rainfall data and inspection of sediment
and erosion control devices appeared to be in good order.
Continue to ensure that these records are maintained during the life of the project. Please refer to the attached
inspection report for additional comments and/or recommendations.
If you have questions, please call me at 828-296-4500.
Sincerely,
Michael R.Parker
Environmental Senior Specialist
Attachment
cc: Brian Skeens, P.E.
Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Swain)US Highway 221 R-2233AA February 2011 Stormwater Inspection
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www,ncwaterquality.org No.rthCarofi.na
An Equal Opportunity 1 Affirmative Action Employer naturally

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Farm A June 2005
Si:-_,inspection form- Const,-uction Story water Per,77it PIP13ES NCG'010000
Site blame:
DINQ RO:
Inspector: 1.DWQ Inspection gate: (A!)
Location:
2.County: (A2) ,f 5.Stream:
3.Basin: (A3)
4.Location descrip
(Topographical w�,nity map of stta is attached for case file;.
re y No'
7.Land disturbance due to construction/development? (a?)3e _
8,On-site representative available during ins ection?
Names) a �.
Title(s)9.Erosion and Sedimentation Control Plan(Dart 1.Section A: No.2.)
Is a co of the approved Ian on site and available for review? Not li5
PY PP P Inspected19.Rain Gauge(Part I. Section B.No.1.) 77.
t
Is a rain gauge present on the site at the time of inspection? (A1a) No °r' ° 71
InspQed
11 Rain Gauge Data(Part 1.Section S.No.1.)-
..v s ..l— No �f T"Not°
Is rain gauge data measured and recorded? (Aii} w Inspected`}
Data from past 14 da s
Welk 1 Date: x t
Amount
Date: ,i C s4 '{F X I 6.r S
t1�leek2 s .x_-;.
Amouna�
12.b1mimum Monitoring€c Record Keeping(Part 1.Section S.No.3.)'
Are inspection records of erosion&sedimentation control facilities complete&available on regUest�
(Al 2) ` yes :� No _ �.'Not
. Inspected"
Dates of documented ins ections durin the past 14 days:
Week 1
k
Week 2 ' -
13.Sedimentation impacts to waters: 14. Linear ft of stre I am m a cts
Typical range of sediment depth: (A13a) to (A14)
Maximum depth of sediment: (A13b) r
15.Photo Documentation: Were photos taken? (A15)
Photos(1.impacted water,2.sedimentation depths,3.sediment control measures, and 4.un-impacted upstream tiaren)
and skelch/map of where photos were taken are attached for case file
Y
4 J le
r
a
C'
n
r:
L
*Project personnel not available during DWO site inspection
1-4

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,fH CAROLINA
,,4VIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHEROKEE
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NCO020940 ) EMC SOC WQ S11-001
HELD BY )
THE TOWN OF MURPHY )
Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2 and G.S. 143-215.67, this
Special Order by Consent is entered into by the Town of Murphy, and the North Carolina
Environmental Management Commission, an agency of the State of North Carolina created by G.S.
143B-282, and hereinafter referred to as the Commission:
I. The Town of Murphy and the Commission hereby stipulate the following:
(A) The Town of Murphy holds North Carolina NPDES Permit No. NCO020940 for
operation of an existing wastewater treatment works and for making an outlet therefrom
for treated wastewater to the Hiawassee River, Classified C waters of this State in the
Hiawassee River basin, but is unable to consistently comply with final effluent
limitations for Total Suspended Solids (TSS), and Fecal Coliform as set forth in NPDES
Permit NC0020940. Compliance will require planning, design and construction/repairs
to wastewater treatment facilities.
(B) Noncompliance with final effluent limitations constitutes causing and contributing to
pollution of the waters of this State named above, and the Town of Murphy is within the
jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21.
(C) The Town of Murphy desires to cause or allow the discharge of 0.0100 MGD of
additional wastewater to the treatment works, and the discharge of such additional
wastewater will not result in any significant degradation to the quality of any waters.
(D) The Town of Murphy has secured grants or other financing for planning, design, and
construction/repairs of a new or improved waste disposal system which, once
constructed and operated,will be sufficient to adequately treat wastewater
presently being discharged,to the extent the Town will be able to comply with final
effluent permit limitations.
(E) The permittee is responsible for funding the treatment system improvements and that
lack of funds will not be a defense in contesting stipulated penalties.
(T15A:03H.1206(c) (4))
(F) Since this Special Order is by Consent, neither party will file a petition for a contested
case or for judicial review concerning its terms.

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The Town of Murphy, desiring to comply with the Permit identified in paragraph I. (A)
above, hereby agrees to do the following:
(A) Comply with all terms and conditions of the Permit except those effluent limitations
identified in paragraph I. (A) above. See"Attachment A" for all current monitoring
requirements and effluent limitations. The permittee may also be required to monitor
for other parameters as deemed necessary by the Director in future permits or
administrative letters.
(B) As settlement of all alleged violations of NPDES Permit NC0020940 prior to entering into
this Special Order by Consent,the Town of Murphy agrees to pay the sum of$5571.50 A
certified check must be made payable to the Department of Environment and Natural
Resources and forwarded to the Director of the Division of Water Quality at 1617 Mail
Service Center, Raleigh, North Carolina 27699-1617 by no later than fifteen (15)
days following the date on which this Order is approved and executed by the Commission
and received by the Town. Should final compliance date be missed an additional
assessment of$5571.50 will be due. This assessment is in addition to any other penalties
as noted in this document.
(C) Under-take the following activities in accordance with the indicated time schedule:
1) Complete pump draw down study for all lift stations and submit findings to Asheville
Regional Office by March 1, 2011
2) Provide the Asheville Regional Office with weekly process control logs by the end of
the following week. This information shall include but is not limited to:
a)Daily influent pH and temperature readings
b)Daily effluent pH, Dissolved Oxygen and Total Residual Chlorine
c)Daily monitoring of pH and dissolved oxygen from each sequencing batch
reactor during the aeration cycle, and monitoring of settleability during the settle
cycle including sludge accumulation evaluation.
3) Maintain operators log including all normal operations and maintenance activities, in
addition to visitation documentation requirements.
4) Perform a dissolved oxygen profile from each reactor, record results and submit data
to the Asheville Regional Office by April 1, 2011
4) On or before October 1, 2011, attain compliance with NPDES Permit Final
Effluent Limits.
(D) The Town of Murphy will submit quarterly progress reports detailing the work and
activities undertaken and completed on the upgrades to the wastewater treatment
plant. These reports will also detail the adherence to milestone dates issued by
Construction, Grants, and Loans. The reports are to be submitted to the Asheville
Regional Supervisor,Division of Water Quality/Surface Water Protection Section,
2090 US Highway 70, Swannanoa,NC 28778. The quarterly reports are due no later
than the thirtieth (301h) day of March, June, September and December for the duration
of this Order.

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(E) During the time in which this Special Order by Consent is effective, comply with the
interim effluent limitations contained in "Attachment A." The following reflects only
the limitations that have been modified from NPDES requirements by this Order:
Permit Limits Modified Limits (SOC)
Parameters Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg.
TSS 30.0 mg/1 45.0 mg/l 75.0 mg/l 90.0 mg/l
Fecal Coliform 200/100 ml 400/100 ml 400/100 ml 800/100ml
(F) No later than fifteen Q 5)calendar days after any date identified for accomplishment of
any activity listed in II(C) above the Town of Murphy shall submit to the Regional
Supervisor for the Division of Water Quality's(DWQ)Asheville Regional Office
written notice of compliance or noncompliance therewith In the case of
noncompliance the notice shall include a statement of the reason(s) for
noncompliance remedial action(s)taken and a statement identifying the extent to
which subsequent dates or times for accomplishment of listed activities may be
affected.
(G) The Town of Murphy will continue to operate the wastewater treatment plant at
optimal performance to prevent/minimize any adverse impacts to the surface waters.
III. The Town of Murphy agrees that unless excused under paragraph four(IV), the Town of
Murphy will pay the Director of DWQ, by check payable to the North Carolina Department of
Environment,Natural Resources, according to the following schedule for failure to meet the
deadlines set out in paragraphs II. (C)and I1. (E), or failure to attain compliance with the
effluent limitations/monitoring requirements contained in
"Attachment A."
Failure to meet a schedule date. $1000/day
Failure to maintain compliance with
any modified limit contained in the SOC. $1000/violation
.Failure to achieve compliance with $10,000
limitations at final compliance deadline.
Monitoring frequency violations $100 per omitted value
per parameter
Monitoring frequency violations $2,000 per omitted value
(for toxicity) per parameter
Failure to submit progress reports $1000 for the first violation,
penalty doubles with each
subsequent violation

The Town of Murphy and the Commission agree stipulated penalties are not due if the Town
of Murphy satisfies the Division of Water Quality noncompliance was caused solely by:
(a)An act of God;
(b)An act of war;
(c) An intentional act or omission of a third party but this defense shall not be available if the
act or omission is that of an employee or agent of the City of Morganton or if the act or
omission occurs in connection with a contractual relationship with the Permittee;
(d) An extraordinary event beyond the Permittee's control. Contractor delays or failure to
obtain funding will not be considered as events beyond the Permittee's control.
(e) Any combination of the above causes.
Failure within thirty(30) days of receipt of written demand to pay the penalties, or challenge
them by a contested case petition pursuant to G.S. 15013-23,will be grounds for a collection
action, which the Attorney General is hereby authorized to initiate. The only issue in such an
action will be whether the thirty(30) days has elapsed.
V. In accordance with provisions of G.S. 143-215.67(b)the Commission allows the Town of
Murphy to accept the additional waste specified below to its waste disposal system:
0.010 MGD of additional wastewater. The nature of the additional flows is such that the
waste characteristics do not exceed those generally associated with domestic waste or are
pretreated to domestic strengths. Waste of greater than normal domestic strength may be
accepted if the parameter(s)that exceed normal domestic strength wastewater are not those for
which interim limitations have been developed and it can be demonstrated to the satisfaction
of the Director the additional waste will not adversely affect the treatment efficiency of the
treatment system for any modified parameter or result in the violation of any other permit
limitation. All new and proposed industrial waste tributary to the system must be controlled
using all needed mechanisms including but not limited to adoption and implementation of
industrial waste control and pretreatment ordinances. No wastewater can be accepted which
will add toxic pollutants in quantities not generally associated with domestic wastewater
characteristics, unless the acceptance of the additional wastewater can be supported through
appropriate analyses acceptable to the Director.
VI. This Special Order by Consent and any terms, conditions, and interim effluent limitations
contained herein, hereby supersede any and all previous Special Orders, Enforcement
Compliance Schedule Letters, terms, conditions,and limitations contained therein issued in
connection with NPDES Permit No.NC0026573. In the event of an NPDES Permit
modification or renewal, any effluent limitations or monitoring requirements contained therein
shall supersede those contained in "Attachments A"of this Special Order by Consent, except
as modified and contained in paragraph II.(D)above.
VII. Any violation of terms of this Special Order by Consent, including paragraphs lL(C), IL(D)
and II.(E) above and "Attachment A"may, upon the discretion of the Director,terminate
paragraph five (5) of this Order and any authorized additional waste not previously connected
to the system may not thereafter be connected until the necessary sewerage system
improvements have been completed and placed in operation.

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Noncompliance with the terms of this Special Order by Consent is subject to enforcement
action in addition to the above stipulations, including injunctive relief pursuant to G.S. 143-
215.6(C).
IX. The Permittee, upon signature of this Special Order by Consent, will be expected to comply
with all schedule dates,terms, and conditions of this document.
X. This Special Order by Consent shall expire February 28,2012 unless extended by consent of
the parties.
For the Town of Murphy,
Date
Signature of Signing Official
For the North Carolina Environmental Management Commission
Date
Chairman of the Commission

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SOC EMC WQ Sl 1-001 NPDES NCO020940
ATTACHMENT A
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim
During the period beginning on the effective date of this Special Order and lasting until
October 1, 2011 the facility is authorized to discharge from outfall serial number 001. Such
discharge shall be limited and monitored by the Town as specified below:
Effluent Limits Monitoring Requirements
Effluent Characteristics
Monthly Weekly Measurement Sample Sample Location'
Average Average___ Frequenc T pe
Total Suspended SolidS2 75,0 m /L 90.0 m I L I 3/Week Composite L I,E
Fecal Coliform 4001100 ml 800/100 ml 3/Week Grab E
Footnotes:
1. Sample locations:E-Effluent,I—Influent,
NOTE:
All other limits,frequencies and conditions in Permit No. NCO020904 must be met.
Only those limits and conditions listed above are relaxed under this Special Order.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
February 18, 2011
Brian Greene
Post Office Box 501
Crossnore,North Carolina, 28616
Subject: Notice of Violation and Recommendation for Enforcement
NOV-2010-DV-0140
Incident Closure
Burke County
Dear Mr. Greene:
'The Division of Water Quality(DWQ)visited your farm on February 15, 2011 in relation to the
Notice of Violation and Recommendation for Enforcement NOV-2010-DV-0140. The observation
made during this visit indicates the site has satisfactorily resolved the violations noted in the subject
Notice of Violation and Recommendation for Enforcement.
If other trees along the streambank are jeopardizing your farmland please contact myself or Kevin
Clark prior to removal to avoid non-compliance with water quality.
The streams on your farm are experiencing a pattern referred to as incision and isolation from the
floodplain. Basically this means the streams are eating away at themselves and will continue to
erode your farmland over time. This same pattern is causing the trees to fall into the stream. It
would be beneficial to the aquatic environment and your farmland if you were to seriously consider
restoring the streams on your property to eliminate or remediate the destructive pattern the streams
are currently undergoing. Should you have any questions regarding these matters,please contact
myself at(828) 296-4500 or Kevin Clark with the Burke County Soil and Water Conservation
District.
Sincerely,
Linda Wiggs
Environmental Specialist
Surface Water Protection Section
cc: Burke County S&W-Kevin Clark
ARO File Copy
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One i.
Location:2090 U.S,Highway 70,Swannanoa,North Carolina 28778 NOrthCarOhria
Phone:: www.newaterquality.org
FAX:[phone] Customer Service:1-877-623-6748 �Rtur����
Internet: www.ncwaterquality.org i
An Equal Opportunity t Affirmative Action Employer

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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
February 18,2011
Madison County
DWQ Project 20110134
NCSR 1571 (Echo 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:
You have our approval, in accordance with the conditions listed below, for the following impacts in three(3)unnamed
tributaries to Bull Creek for the purpose of widening and paving NCSR 1571 (Echo Road)in Madison County:
Stream Impacts in the French Broad River Basin
Site Permanent Fill Temporary Permanent Temporary Total Stream
in Intermittent Impacts in Fill in Impacts in Stream Impacts
Stream (linear Intermittent Perennial Perennial Impact Requiring
ft) Stream Stream Stream (linear ft) Mitigation
(linear ft) (linear ft) (linear ft) linear ft)
Site 1 0 0 15 25 40 0
Site 2 0 0 20 30 50 0
Site 3 0 0 3 13 16 0
Total 0 1 0 1 38 1 68 1 106 0
Total Permanent Stream Impacts for Project: 68 lin.ft.Total Temporary Stream Impacts for Project: 106 linear ft.
The project should be constructed in accordance with your application dated February 4, 2011 (received February 7,
2011), 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. 3820, corresponding to the U.S.
Army Corps of Engineers Nationwide Permit Number 14. 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
6URFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarollrta
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org �ahmall//Ns�
An Equal Opportunity 1 Affirmative Action Employer U

Mr. J.J. Swain,Jr., P.E.
February 18,2011
Page Two
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 theme-'
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 open waters and streams
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. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased maintenance
and disrupts aquatic life passage.
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 stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation `
responsible for maintaining stream bank stability. Any applicable riparian buffer impact for access to stream
channel shall be temporary and be revegetated with native riparian species.

6wain,Jr., P.E.
.,ary 18, 2011
age Three
8. The dimension, pattern and profile of the stream, above and below the crossing, shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
9. 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.
10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
11. Rip-rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic
life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
12. 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.
13. 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.
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
for approval.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is
prohibited.
16. 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.
17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by this
certification.
.$. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
19. 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.
20. 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.
21. 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.
22. 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.
23. The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery.
24. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division
Engineer shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when all
work included in the §401 Certification has been completed.
- Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
livil 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.

Mr. J. J. Swain,Jr., P.E.
February 18,2011
Page Four
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,
s
Coleen H.'Sullins, Director
Division of Water Quality
cc: Lori Beckwith, USACE,Asheville Field Office
Roger Bryan,Division 13,DEO
Ed Ingle,Roadside Environmental
Dave McHenry,NCWRC
Transportation Permitting Unit '
Asheville Regional Office
20110134(Swain)NCSR 1571 Echo Road

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
February 18, 2011
Mr. Andrew G. Bradley, VP, Environmental Affairs
Unimin Corporation
258 Elm Street
New Canaan, Connecticut 06840
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0049
Permit No. NC0000361
Schoolhouse Quartz Facility
Avery County
Dear Mr. Bradley:
A review of Schoolhouse Quartz Facility's monitoring report for September 2010 showed the
following violation:
Parameter Date Measuring Violation
Frequency
Oil & Grease Quarter ending September 2010 Quarterly 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 for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
fR C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Jeff Ferguson/ Unimin
S:ISWP1Avery\Wastewater\lndustriailUnitnin Schoolhouse 003611NOV-2011-MV-0049_doc Noe Carolina
Nturu!!ry
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www,ncwaterauality.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
February 18, 2011
Tim Morgan
7810 Covey Chase Drive
Charlotte,NC 28210
Subject: 401 Water Quality Certification -Approval
Tim Morgan Lot 94
DWQ Project# 11-0037
McDowell County
CTB30/Catawba River(Lake James)/ 11-(23)/WS-V; B
Dear Mr. Morgan:
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 0.006 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 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 0.006 (acres) Sketch
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 NorthCar'oli11a
Internet:www.ncwaterquality.org
rxtural&

Tim Morgan
February 18,2011
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 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: Ronald Harmon—McDowell County Planning
USACE Asheville Regulatory Field Office
WBSCP Unit
File Copy
S:\SWP\McDowell\401s\Non-DOT\Tim Morgan Lot 94\APRVL.02.16.1 Ldoc
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
February 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 1680 0000 7515 2441 7009 1680 0000 7515 2458
Ms.Gail Addis Ms. Mary Ruth Queen,
(new owner of: 6 Mooreview Dr.) (owner of: 6 Douglas Place)
1441 Lakeshore Drive 16 Westridge Drive
Asheville, North Carolina 28804 Asheville, North Carolina 28803
7009 1680 0000 7515 2465 7009 1680 0000 7515 2472
Ann and Phillip Player Ms. Mary B. Johnson
7 Douglas Place 8 Douglas Place
Asheville, North Carolina 28803 Asheville, North Carolina 28803
7009 1680 0000 7515 2489 7009 1680 0000 7515 2250
Ms. Carol Lathuras Don and Aileen Jones
(owner of: 10 Douglas Place) 11 Douglas Place
3 Commodore Drive, Apt. # 153 Asheville, North Carolina 28803
Emeryville, California, 94608
7010 1870 0003 0874 5959
Mark and Josephine Pedersen
12 Douglas Place
Asheville, North Carolina 28803
Subject: Sewer Repair at: 6 Mooreview Drive
From Private Sewer Collection System
Buncombe County
Dear Sirs and Madams:
On July 8, 2010 and August 13, 2010 the Division of Water Quality notified the owners of:
6 Mooreview Drive -former owner: Laurie Ledford,
6 Douglas Place - Mary Ruth Queen,
7 Douglas Place -Ann and Phillip Player,
8 Douglas Place - Mary B.Johnson,
10 Douglas Place - Carol Lathuras,
11 Douglas Place - Don and Aileen Jones and
12 Douglas Place - Mark and Josephine Pedersen
regarding the privately owned sewer collection system line that runs under the garage at:
6 Mooreview Drive.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] CustamerService:1-877-623-6748 NorthCarofina
Internet:www.ncwaterquality.org ���
An Equal Opportunity 1 Affirmative Action Employer

DWQ Case number: NOV-2010-DV-0256
Private Collection System Sewer Overflow
Page 2 of 3
This same private sewer collection system line extends to serve portions of: Douglas Place,
Erin Street and Westridge Drive. It is our understanding everyone who received those letters, use of
one or the other of these private sewage collection system lines.
ITEMS REQUIRING YOUR IMMEDIATE ACTION:
It is our understanding from staff of the Metropolitan Sewerage District of Buncombe
County (MSD) and Ms. Gail Addis, the current owner of#6 Mooreview, that the leaking sewer
collection line was unstopped (at the expense of Laurie Ledford, former owner of#6
Mooreview) in August 2010, as a result of a repair initiated by Mr. Dewey Bartlett of Bartlett
Plumbing.
However, the blockage has now recurred and the discharge of sewage from your
Property is now being discharged onto the property at# 6 Mooreview Drive. This is a
violation of state law. This overflow of sewage must be stopped immediately.
Since this sewer line does NOT have a deeded right-of-way, each residence that is
connected to this private line is responsible for proper operation and maintenance of this
sewer line(s). When overflows occur from this sewer line, all residences that are
connected are jointly responsible for the repair of the sewer linells).
As mentioned in the July 8, 2010 and August 13, 2010 letters from the Division of Water
Quality, the Metropolitan Sewerage District of Buncombe County (MSD) has a Private Sewer
Rehabilitation program. This program allows owners of private collection systems to turn over the
ownership and maintenance responsibility of private sewers to MSD.
DWQ suggested in the letters that after the repair of the existing point of overflow, all
persons owning homes served by the private sewer lines, should designate a spokesperson to
work with MSD regarding taking over this private sewer collection system, for the purpose of
proper operation and maintenance.
Ms. Gail Addis (new owner of#6 Mooreview Drive) has volunteered to assist in this
process. Ms. Addis has spoken with Mr. Dewey Bartlett, of Bartlett Plumbing (telephone number:
298-0690 office and 778-6672 cell) about implementing an immediate replacement of the old
orangeburg sewer collection system pipe that has deteriorated, collapsed and is
overflowing sewage onto her property.
Mr. Dewey Bartlett spoke with several of the residents of Douglas Place last summer
about the problems with the old collapsed sewer lines and the cost of repairs.
Ms. Addis has informed DWQ that she has instructed Mr. Bartlett to make immediate
repairs to this sewer line that is on her property and reroute the line across her property, so that
the overflow of sewage onto her property will be stopped.
Ms. Addis is asking each of the six residents to contact her and equally share the cost of
making these repairs. You may contact Ms. Addis at telephone number 450-0831 (cell).
In addition, Ms. Addis has the right-of-way conveyance documents from MSD. Each
homeowner will need to sign one of these forms to take advantage of MSD's Private Sewer
Rehabilitation program. This would allow you, as owners of this private collection system, to
turn over the ownership and maintenance responsibility of this private sewer to MSD.

.tuber: NOV-2010-DV-0256
,ection System Sewer Overflow
if 3
After receipt of this permission form, MSD will maintain and/or replace these existing
sewer lines. Each home owner would continue to be responsible for their own service line that
connects to the collection system, however, any time a problem develops with the line taken over
by the MSD, you would simply call MSD for repairs.
Failure to repair a sewage overflow can result in assessment of civil penalties by
the Division of Water Quality of up to$25 000 per day. You as the property owners are
responsible for repairs and legal costs involved.
North Carolina General Statute 13A-335(a) states that a person owning a residence
shall provide an approved wastewater system. The continued dependence on this
unreliable sewer, places at risk, your ability to continue to live in or rent your house, and
can cause an immediate health threat to those of you using the unreliable sewer and all
adjacent homes to this sewer line.
You may reach Mr. Mike Butler, with MSD, at 828-254-9646 to answer any questions
about the Private Sewer Rehabilitation program.
Please notify Ms. Wanda Frazier, with DWQ at 828-296-4662, if any if the information
contained in this letter is inaccurate or if you have any questions about this matter.
Please respond within fifteen days (15) of receipt of this letter regarding repairs to this
overflowing private collection system.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
xc: Mike Butler, MSD
Wanda Frazier, ARO
Deborah Gore, PERCS
S_\SWP\Buncombe\Collection Systems\MSD Collection System\NOV 2010 DV 0256 2-18-11 doc

yr
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
February 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7010 1870 0003 0874 5966
Mr. Peter G. Watson, President
Ledgestone Property Owners Association
P.O. Box 21
Fairview, North Carolina 28730
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 NCO087556
Ledgestone Property Owners Association
Ledgestone Subdivision WWTP
Case No. LV-2011-0045
Buncombe County
Dear Mr. Watson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$617.00
($550.00 civil penalty+ $67.00 enforcement costs) against Ledgestone Property Owners
Association.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Ledgestone Property Owners Association for the month of
August 2010. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NC0087556. The violations
which occurred in August 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Ledgestone Property Owners
Association violated the terms, conditions or requirements of NPDES Permit NCO087556 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 Ledgestone Property Owners Association:
One
orthCarohna
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE ;Vahanallry
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone:[phone]\FAX:[phone]\Customer Service: 1-877-623-6748
Internet:www.ncwaterauality.ora Jim

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0087556, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
3 of the 3 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$300.00 NC0087556, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
$550.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$617.00 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. \J
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

spare 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 §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 have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James &James Environmental/ORC w/ attachments
for`I3[tiriai5?rr`t�tstect'at t.1•firuk�ti_t.�d brtc:Subdivision 8?,-+r,.L`.'_2t)I!-00:d5_doc �

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0045 County: Buncombe
Assessed Party: Ledgestone Property Owners Association
Permit No.: NCO087556 Amount Assessed: $617.00
Please use this form when requesting remission of this civil penalty. You must also complete the
".Request For Remission, Waiver of Right town 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
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
LEDGESTONE PROPERTY OWNERS )
ASSOCIATION )
PERMIT NO. NCO087556 ) FILE NO. LV-2011-0045
Having been assessed civil penalties totaling $617.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 18, 2011,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
February 21, 2011
Mr. Peter G. Watson, President
Ledgestone Property Owners Association
P.O. Box 21
Fairview, North Carolina 28730
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0062
Permit No. NCO087556
Ledgestone Subdivision WWTP
Buncombe County
Dear Mr. Watson:
A review of Ledgestone Subdivision WWTP's monitoring report for October 2010 showed the
following violations:
Parameter Date Measuring Violation
Frequency
Flow, in conduit or thru treatment plant 10/02/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 10/03/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 10/09/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 10/10/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 10/16/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 10/17/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 10/23/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 10/24/2010 Continuous Failure to Monitor
Flow,in conduit or thru treatment plant 10/30/2010 Continuous Failure to Monitor
Flow, in conduit or thru treatment plant 10/31/2010 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 for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
NorthCaroGna
�atura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.orn FAX [phone] 1-877-623-6748

Mr. Peter G. Watson
February 21, 2011
Page Two
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Buncombe\WastewaterlMinors\Ledgestone Subdivision 87556\NOV-2011-MV-0052.doc

_A1
NGDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 21, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—7010 1870 0003 0874 5973
Mr. Harold L. Henson, Mayor
Town of Crossnore
P.O. Box 129
Crossnore,North Carolina 28616
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 NCO026654
Town of Crossnore
Crossnore WWTP
Case No. MV-2011-0011
Avery County
Dear Mr. Henson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$186.00
($119.00 civil penalty+ $67.00 enforcement costs) against the Town of Crossnore.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by the Town of Crossnore for the month of September 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0026654. The violations which occurred in
September 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Crossnore violated the
terms, conditions or requirements of NPDES Permit NCO026654 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 Crossnore:
NoorthCarolina
JVaturatt�
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.ora

I of the 1 violations of G.S. 143-215 and NPDES Permit No.
$75.00 NC0026654, for failure to properly monitor Total Nitrogen quarterly
in violation of the Permit Monitoring requirements.
1 of the 1 violations of G.S. 143-215 and NPDES Permit No.
$44.00 NC0026654, for failure to properly monitor Total Phosphorus
quarterly in violation of the Permit Monitoring requirements.
$119.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$186.00 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 round or surface water quantity or quality or on air quality;
( ) g q Y q tY q Y;
(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.

.;questing 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
(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 have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
z� �1Z� 1
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/ attachments
Water Quality Lab & Operations/ORC w/attachments
S.%5,, ,1',A1,<:IyUlWaste�,�ate,%'!unicipai,( 2665:t4M4'201 I-Ool( foI �

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: MV-2011-0011 County: Avery
Assessed Party: Town of Crossnore
Permit No.: NC0026654 Amount Assessed: $186.00
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 ENVIRONMENT��,
AND NATURAL RESOURCES
COUNTY OF AVERY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
THE TOWN OF CROSSNORE )
PERMIT NO. NCO026654 ) FILE NO. MV-2011-0011
Having been assessed civil penalties totaling$186.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 21, 2011,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
February 21, 2011
Mr. Charles F. Gay
USDA US Forest Service
160-A Zillicoa Street
Asheville, North Carolina 28802-2750
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0051
Permit No. NCO021148
Jackrabbit Mountain Recreation Area WWTP
Clay County
Dear Mr. Gay:
A review of Jackrabbit Mountain Recreation Area WWTP's monitoring report for August 2010
showed the following violation:
Parameter Date Measuring Frequency Violation
BOD Week ending 08/28/2010 Weekly 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 for the non-compliance. If the above
parameter was left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
ti C
4
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Earth Environmental/ORC
C:1Documents and SettingstjacantweikDesktoplNQV-2011-MV-0051.doc
NorthCarolina
Natur,911d�J
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.oM FAX [phone] 1-877-623-6748

AZ14JL)
hICDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
I Governor Director Secretary
i
February 21, 2011
Mr. Bob B. Leatherwood
Silver Bluff Realty LLC
100 Silver Bluff Drive
Canton, North Carolina 28716
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0077
Permit No. NCO033600
Pigeon Valley Rest Home WWTP
Haywood County
Dear Mr. Leatherwood:
A review of Pigeon Valley Rest Home's WWTP monitoring report for August 2010 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
BOD, 5-Day (20 Deg. C) - 08/25/2010 45 mg/I 57.4 mg/l Daily Maximum
Concentration Exceeded
Flow, in conduit or thru 08/31/2010 0.025 mgd 0.031 mgd Monthly
treatment plant Average
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.
Please review your records for a Flow of 0.112 MGD recorded on August 2, 2010.
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
828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Goldie &Associates/ORC
S S No�rthCarotina
.1 SN€ I laywoodUl4asrtew<ateriMirarslSiiver Bluff-Pigeon Valley 3360J1NC)V... 011.. V 0077.dac NatuCa!!l
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwateraualitv.om 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
February 21, 2011
Mr. Peter G. Watson, President
Ledgestone Property Owners Association
P.O .Box 21
Fairview, North Carolina 28730
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0079
Permit No. NCO087556
Ledgestone Subdivision WWTP
Buncombe County
Dear Mr. Watson:
A review of Ledgestone Subdivision WWTP's monitoring report for November 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 11/19/2010 45 mg/I 45.7 mg/I Daily Maximum
Concentration Exceeded
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 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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S.\SWP\Buncornbe\WastewaterWinors\Ledgestone Subdivision 87556\NOV-201 1-LV-0079.doc NoorthCarolina
INatura!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.newaterguality.org FAX [phone] 1-877-623-6748

ATE"
••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
February 21, 2011
Mr. Joey Cupp, Manager
Pilot Travel Centers LLC
5508 Lonas Road
Knoxville, Tennessee 37909-3221
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0053
Permit No. NCO086053
Pilot Travel Center#393 WWTP
Haywood County
Dear Mr. Cupp:
A review of Pilot Travel Center#393's WWTP monitoring report for September 2010 showed the following
violations:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending 09/18/2010 Twice Weekly Failure to Monitor
pH Week ending 09/18/2010 Weekly 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 for the non-compliance. If the above parameters were left off
inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the
address found on the front page of your DMR and also a copy to this office.
Please also call this office concerning the use of the latest version of the DMR for your monthly reports.
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. If you should have any questions,please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
Z A( -:
Roger Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Sherita Kocke/Dynamis, Inc.
Environmental Inc./ORC
S:1SWP1Haywood\Wastewater\MinorslPilot"travel Center 860531Nt3V-2011-MV-0053.doc O�rthCarolina
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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] 1-877-623-6748

HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
February 22, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7010 1870 0003 0874 6017
Mr. Dennis Dorn, Manager
Westside Village Properties, LLC
847 Tracy Grove Road
Flat Rock, North Carolina 28731
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7010 1870 0003 0874 6024
Mr. Forest Thomas, Registered Agent
Westside Village Properties, LLC
230 Fifth Avenue East
Hendersonville,North Carolina 28792
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
(Notice of Continuing Violation)
Westside Village Properties, LLC—Mr. Dennis Dorn, Manager
NOV-2011-PC-0066
Construction Stormwater Permit NCGO10000
Removal of Best Usage
401 Water Quality Certification(WQC) Conditions
Henderson County
Response deadline: March 7, 2011
Dear Messrs. Dorn and Thomas:
The Asheville Regional Office, Division of Water Quality (DWQ)received your response on
February 7, 2011 to the Notice of Violation (NOV) dated January 31, 2011. While this response
answered some questions noted in the NOV, several questions in the original NOV remain
unanswered.
The DWQ requests an immediate response and clarification on the REQUIRED RESPONSE items
listed later in this document.
Violations listed in the original NOV are outlined below.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOl't�1CaY Ohria
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org u6il/
An Equal Opportunity\Affirmative Action Employer [� s

Messrs.Dorn and Thomas
February 22,2011
Page 2 of 4
VIOLATIONS
I. Construction Stormwater Permit NCG010000 - A Construction Stormwater Permit
(NCG010000) is issued upon the approval of an Erosion and Sedimentation Control
Plan for sites greater than one acre. No approved plan on-site, no rain gauge on-site,no
monitoring or record keeping.
II. Removal of Best Usage-15A NCAC 0211.0211 (2)—Approximately 30 feet of an
unnamed tributary to Mill Pond Creek, a Class WS-IV stream in the French Broad River
Basin, was impacted by additional,unauthorized fill,representing Water Quality Stream
Standard violation of 15A NCAC 02B .0211 (2). These 30 feet of fill is in addition to the
approximately 140 feet of previously approved fill (culvert).
III. Fa ilure to Secure a 401 Water Quality Certification (WQC)
A review of records confirmed that neither the DWQ nor the US Army Corps of Engineers
(USACOE)has received a modification to the existing 404 Permit or 401 WQC, prior to
the impacts noted in item II above. Such an application and/or modification is required
pursuant to Section 404 of the Clean Water Act and Part 15A of North Carolina
Administrative Code 2H .0500.
IV. 401 WQC Condition Violations -The WQC deemed certified for the 140 feet of culvert
impact specifies that the activities must follow all conditions listed therein. The following
condition violations were noted: Nos. 1, 13, and 16 detailed below(along with Condition
12).
REQUIRED RESPONSE
The DWQ requests that you respond by March 7,2011. Your response should be sent to the
attention of Ms. Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC
28778 and should address the following items:
1. Construction Stormwater Permit NCG010000. A response was provided for this item.
It is DWQ's understanding that compliance with the construction stormwater permit(rain
gauge on-site, appropriate monitoring and record keeping)was not addressed until receipt
of the NOV dated January 31, 2011.
2. Removal of Best Usage— 15A NCAC 0211.0211 (2) and Condition Violations of 401
WQC
a. Please explain why these impacts occurred without prior authorization.
b. Please provide a map of the project area. The map must include all streams on-site,
detailing all impacts (i.e., culverts and/or fill).

Chomas
This item must be addressed. You have not submitted a site plan to DWQ. The site
plan must include all building footprints, impervious surface, and stormwater
controls. You must also provide survey drawings of the newly installed culvert
with elevations and length, along with the additional fill (the concreted area).
Drawings of the newly installed culvert must clearly depict all dimensions;
including length from the pre-existing, upstream NCDOT culvert to the culvert
outlet. A drawing of the concreted area must clearly depict all dimensions,
including channel width(i.e., distance between concrete wing walls) and distance
from the pre-existing NCDOT downstream culvert inlet to the newly installed
culvert outlet. All drawings provided to this office must be signed and sealed by an
NC Professional Engineer.
3. Failure to Secure a 401 Water Quality Certification (WQC)
a. The DWQ is currently reviewing your response to this requirement.
4. 401 Water Quality Certification No. 3821 Condition Violations:
a. Condition 1 —No Impacts Beyond those Authorized in the Written Approval or
Beyond the Threshold of Use of this Certification.
b. Condition 13 —Placement of Culverts and Other Structures in Waters and Wetlands.
Existing stream dimensions must be maintained above and below locations of...
the culvert. The 140 feet of authorized impact(culvert) still does not comply with
this condition and is not"...placed below the elevation of the streambed by one
foot...".
As stated previously,please provide survey plans for the newly installed culvert.
c. Condition 16—If this Water Quality Certification is used to access building sites,
then all lots owned by the applicant must be buildable without additional impacts to
streams or wetlands. Please provide a plan layout to the Division of Water Quality
with this response. Also state what the reason for'the additional, unauthorized
impact.
Please provide a complete, scaled site plan for the property, including footprints,
impervious areas, etc.
d. Condition 12—Stormwater Management Plan
It is the DWQ's understanding that no Stormwater Management Plan (SMP)has
been developed. A SMP is required as part of the 401 WQC. Stormwater Best
Management Practices are required if the impervious surface cover is greater than
or equal to 24%.

Messrs.Dorn and Thomas
February 22,2011
Page 4 of 4
Please provide the site plan and the impervious surface percentage. If impervious
percentage is greater than or equal to 24%, DWQ will require plans and
specifications for post-construction stormwater BMPs. You may wish to review the
following link regarding requirements for stormwater management:
http://portal.ncdenr.org/web/wq/sw2/ws/40 I/certsandpermits/swmanagement
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process.
This office requires that the violations, as detailed above, be abated immediately. These
violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. Should you have any questions regarding these matters,
please contact Susan A. Wilson at(828) 296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
cc: WBSCP Unit, Katie Merritt
ARO File Copy
USACOE
Henderson County Planning
S:\SWP\Henderson\401s\Non-DOT\Dom\Continuing NOV-201 I-PC-0066.Westside Village Dom.2 2011.doc
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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
February 22, 2011
Mr. Jeff Lamm
Southern Concrete Materials, Inc
PO Box 5395
Asheville,NC 28813
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Southern Concrete Materials—Canton Facility
Permit No: NCG140267
Haywood County
Response deadline: March 18, 2011
Dear Mr. Lamm:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
February 1, 2011, by Linda Wiggs and myself, at the Southern Concrete Materials (SCM)—
Canton site.
The facility was not in compliance with permit NCG140267. Enclosed is a copy of the
Compliance Inspection Report, which contains observations and comments for your reference.
Please read through the report and notify the Division of Water Quality, by March 18, 2011, about
SCM's future plans for the site.
Please contact meat(828) 296-4665 or Susan.A.Wilson cr,ncdenr.gov, if I can be of any further
assistance.
Sincerely,
,Susan A. Wilson, Environmental Engineer
` Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
Mike Hill, SCM 201 Boundary St., Waynesville,NC 28786 (w/Inspection Report)
S:\SWP\Haywood\Stonnwater\NCG14 Ready Mix\SCM NCG140267\CEI.SCM-Canton.2 2011.doe
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
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Compliance Inspection Report
Permit: NCG140267 Effective: 08/01/09 Expiration: 06/30/11 Owner: Southern Concrete Materials Inc
SOC: Effective: Expiration: Facility: Southern Concrete Mat-Canton
County: Haywood 38 New Clyde Hwy
Region: Asheville
Canton NC 28716
Contact Person: mr Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
On-site representative Mike Hill Phone:
Related Permits:
Inspection Date: 02/01/2011 Entry Time: 01:34 PM Exit Time: 02:30 PM
Primary Inspector: Susan A Wilson Phone:[phone]
Secondary Inspector(s):
- Linda S Wiggs Phone: [phone] Ext.4653
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Ready Mix Concrete Stormwater/Wastewater Discharge
COC
Facility Status: Q Compliant ■ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit:NCG140267 Owner-Facility: Southern Concrete Materials Inc
Inspection Date:02/01/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
Linda Wiggs and Susan Wilson (ARO- DWQ)inspected the Southern Concrete Materials-Canton site on February 1,
2011. The site was not in use and was gated(no personnel was on-site at the time).
Per Mike Hill (the overseer of the Canton facility and the Waynesville facility)this facility has not been active for 2 years.
SCM is leasing the property and still has the lease(and still has material on-site).
DWQ recommends any waste material be removed from the site and totes be put undercover(as well as any other
material under SCM's control which may contact stormwater). DWQ realizes that the property owner is storing some
vehicles and other materials there. Fuel tanks should be emptied appropriately.
DWQ highly recommends that SCM extricate itself from the lease. The site is small with a culverted stream underneath
the property. The drop inlets(which are considered stormwater outfalls), are at the lowest point on-site.
DWQ staff took pH readings at the areas of standing water and found readings in the range of 9.8- 10.2 S.U. (which is in
exceedance of the instrearn water quality standard and permit requirement of 6-9 S.U.).
Page: 2

Permit: NCG140267 Owner-Facility: Southern Concrete Materials Inc
Inspection Date: 02/01/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ❑ ■
#Does the Plan include a General Location(USGS)map? ❑ ❑ ❑ ■
#Does the Plan include a"Narrative Description of Practices"? ❑ ❑ ❑ ■
#Does the Plan include a detailed site map including outfall locations and drainage areas? Cl ❑ ❑ ■
#Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ ❑ ■
#Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ❑ ■
#Does the facility provide all necessary secondary containment? ❑ ❑ ❑ ■
#Does the Plan include a BMP summary? ❑ ❑ ❑' ■
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ ❑ ❑ ■
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n ❑ ❑ ■
#Does the facility provide and document Employee Training? ❑ ❑ ❑ ■
#Does the Plan include a list of Responsible Party(s)? ❑ ❑ ❑ ■
#Is the Plan reviewed and updated annually? ❑ ❑ ❑ ■
#Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ❑ ■
Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ ❑
Comment:
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑ ❑
Comment: This site is shut down - SCM has done no qualitative monitoring.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ ■ ❑ ❑
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ■ ❑ ❑
Comment: The site is shut down - SCM has done no analytical monitoring.
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑ ■
#Were all outfalls observed during the inspection? ■ ❑ ❑ ❑
#If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑
#Has the facility evaluated all illicit(non stormwater)discharges? ❑ ❑ ❑ ■
Comment: 2 drop inlets are on-site which are/were likely outfalls for stormwater.
Page: 3

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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
SURFACE WATER PROTECTION SECTION
February 22, 2011
Mr. Mike Simpson, General Manager
Linville Land Harbor
Property Owners Association
PO Box 160
Linville, NC 28646
SUBJECT: Compliance Evaluation Inspection
Linville Land Harbor POA WWTP
Permit No: NCO022756
Avery County
Dear Mr. Simpson:
Enclosed please find a copy of the Compliance Evaluation Inspection report from
the inspection conducted on February 16, 2011. The facility was found to be in
compliance with permit NC0022756.
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-
4500 extension 4662.
Sincerely,
Wanda P Frazier
Environmental Specialist
Enclosure
cc: Cecil L Lewis, ORC
Central Files
Asheville Files
S:\SWP\Avery\Wastewater\Minors\Linville Land Harbor 22756\CEI 2-16-11.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location:2090 U.S.Highway 10,Swannanoa,NC 28778 NorthCarolina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 Naturally
Internet:www.ncwaterguality.org Qyl%

United States Environmental Protection Agency
EPA Washington,D.C.20460 Form Approved.
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 3' NCO022756 111 121 11/02/16 117 18I CI 19I SI 20III
Remarks
211111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------—------Reserved--------------
671 1.0 169 701 31 711 I 721 N I 73 W 74 711 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)
Linville Land Harbor WWTP 01:00 PM 11/02/16 10/02/01
86 Land Harbor Piz Exit Time/Date Permit Expiration Date
Linville NC 28646 03.00 PM 11/02/16 15/01/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Cecil L Lewis/ORC/828-733-8300/
Name,Address of Responsible OfficialTFitle/Phone and Fax Number
Contacted
J=,PO Box 160 Linville NC 28646//828-733-8300/ 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/
d 0
aq
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
jPage# 1

NPDES yr/mo/day Inspection Type (cont.) 1
3I NCO022756 I11 12I 11/02/16 � 17 18ICI -.
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
COLLECTION SYSTEM:
Permit number: WQCS00255
Consists of residential development with 1450 taps (no businesses) serving a seasonal
population of-2500 in the summer and -200 in the winter.
There are- 120,000 linear feet(-23 miles) of 8-inch, 10-inch, 12-inch gravity and force main
sewer collection lines with 11 lift stations and 514 manholes.
There is one portable generator. All lift stations are inspected 7 days a week. One lift
station has telemetry.
WASTEWATER TREATMENT PLANT:
The 0.225 MGD extended aeration WWTP consists of:
76,000 gal flow equalization basin with dual 48 gpm submersible grinder pumps, dual high water
alarms, telemetry and a blower;
mechanical screw-type bar screen with a by-pass manual bar screen;
dual train 137,500 gal aeration basins with three 20 HP blowers providing diffused air;
dual 22 ft dia circular clarifiers with skimmers, sludge returns and air lift pumps;
dual aerobic digestors with dual blowers;
chlorine gas (150 lb cylinders) injection;
flow splitter box;
dual chlorine contact chambers (new 6436 gal and old -5000 gal);
sulfur dioxide gas injection,
aerated dechlorination chamber;
Siemens Milltronics OCM III ultrasonic flow meter with totalizer& recorder; and
1963 (yr)diesel engine 125 KW standby power generator with auto transfer switch.
A to C: Authorization to Construct issued 5-12-2005 to replace the three old WWTPs.
RESPONSIBLE OFFICIALS:
Mike D. Simpson, General Manager
Kermit Trammell - Operations Manager
Scott Carpenter-Asst. Business Manager
Chuck Abrams, President, Property Owners' Association
OPERATOR INFORMATION:
ORC: Cecil L. Lewis-Cert. # 10911-WW II & Cert. #993556 - CS 2
Back-up ORC(s): Lonnie Thompson - Cert. #989830-WW II and
Timothy Jason Brown - Cert. #994151 -WW 1 & Cert. #993872 CS 1
Page# 2

Permit: NCO022756 Owner-Facility: Linville Land Harbor WWTP
Inspection Date: 02/16/2011 Inspection Type: Compliance Evaluation
PERMIT/INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-10-2009 by Janet Cantwell.
The permit expires on 1-31-2015.
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 = 7.4 degrees Celsius
pH = 6.04 units
Dissolved Oxygen = 4.0 mg/I
Settleable Solids= 380 ml/I = 38%
SLUDGE MANAGEMENT:
Excess MLSS are pumped by a commercial hauler(Don with Appalachian Pumping @ 828-264-2450 cell)
and taken to the Town of Boone's WWTP. Five loads were removed from the WWTP in early winter
2010.
FLOW MEASUREMENT:
The Siemens Milltronics OCM III ultrasonic flow meter with totalizer& recorder was last
calibrated on 5-13-2010.
The electrical outlets in the effluent building, for the sampler, heater and flow meter, had
been upgraded with GFCI outlets.
EMERGENCY GENERATOR:
There is a 1963 (year) diesel engine 125 KW standby power generator with auto transfer switch
on-site. It is serviced by Mr. Danny Jaynes, LLH maintenance mechanic. The generator self-
tests weekly on Tuesdays. There is an on-site diesel fuel storage facility.
This generator was originally sized at 125 KW to operate the WWTP and the sluice gates on the
property's lake dam. This dam was recently replaced at a cost of$6 million.
The generator still works, but because of the age(nearly 50 years old), spare parts have become
unavailable. Replacement of this generator and sizing of a new generator needs to be evaluated
and budgeted.
Page# 3

Permit: NCO022756 Owner-Facility: Linville Land Harbor WWfP
Inspection Date: 02/16/2011 Inspection Type: Compliance Evaluation
EFFLUENT:
The effluent data was as follows:
pH = 6.53 units
Temperature = 7.8 degrees Celsius
Chlorine = 50 ug/I
OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY:
Mr. Kermit Trammell, Operations Manager, C.L. Lewis, ORC, and Mr. Lonnie Thompson, back-up ORC,
assisted in the inspection and appear to be operating and maintaining the facility very well.
The effluent was clear and appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT (SPAR):
The 2009 System Performance Annual Report was received by the Division on 2-25-2010.
All 1450 residents receive routine information mailings, regarding the consumer confidence
report for the drinking water, the FOG (proper disposal of fats, oils and grease) program, and
the wastewater SPAR.
Page# 4

Permit: NCO022756 Owner-Facility: Linville Land Harbor VWV[P
Inspection Date: 02/18/2011 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 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? ■ ❑ ❑ fl
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 ■
Are the bars adequately screening debris? ■ n n n
Is the screen free of excessive debris? ■ n n
Is disposal of screening in compliance? ■ n ❑
Is the unit in good condition? ■
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ ❑ n 0
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 n
Are all pumps operable? ■ n 10
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:
Page# 5

Permit: NCO022756 Owner-Facility: Linville Land Harbor WWTP
Inspection Date: 02/18/2011 Inspection Type: Compliance Evaluation
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 Cl n
Is the foam the proper color for the treatment process? ■ Cl 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
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 Cl n
Are weirs level? ■ n n In
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
Is the site free of excessive floating sludge? ■ n n n
Is the drive unit operational? ■ In n 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-Gas Yes No NA NE
Are cylinders secured adequately? ■ n n n
Are cylinders protected from direct sunlight? ■ n n n
Is there adequate reserve supply of disinfectant? ■ n n n
Is the level of chlorine residual acceptable? ■ n n n
Is the contact chamber free of growth,or sludge buildup? ■ n n n
Page# 6

Permit: NC0022756 Owner-Facility: Linville Land Harbor VW TP
Inspection Date: 02/18/2011 Inspection Type: Compliance Evaluation
Disinfection-Gas Yes No NA NE
Is there chlorine residual prior to de-chlorination? ■ n n n
Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? n n ■ n
If yes,then is there a Risk Management Plan on site? n n ■ n
If yes,then what is the EPA twelve digit ID Number?(1000- -___)
If yes,then when was the RMP last updated?
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 ■ Cl
Comment:
Are the tablets the proper size and type? n n ■
Are tablet de-chlorinators operational? n n ■ n
Number of tubes in use?
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n Cl
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 ■ n
Comment:
Page# 7

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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
February 22,2011
Mr.J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Stormwater Inspection
Upward Road NCSR 1783
DWQ Project No. 081754
TIP No. R-4430
Henderson County
Dear Mr. Setzer:
On February 3, 2011, I conducted a stormwater inspection for TIP Project No. R-4430,NCSR 1783,Upward
Road construction project in Henderson County. Recent heavy rains resulted in the loss of sediment all along
the project. Review of the rainfall data indicated compliance with the stormwater record requirements;
however,the inspection data was incomplete by not including inspection dates, information and corrective
actions needed. The inspection information needs to be included on the inspection reports.
Continue to ensure that these records are maintained during the life of the project. Please refer to the attached
inspection report for additional comments and/or recommendations.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell, P.E.
Mark Davis, Division 14,DEO
Ed Ingle,Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
(Setzer)R-4430 February 2011 Stormwater Inspection
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 One
Internet:www.ncwaterquality.org NUr/1��1,C/c`1,TO a.lin
An Equal Opportunity 1 Affirmative Action Employer (//��/}ah raIlff

��� �
I�%
��%

Form A June 2005
Site Inspection form- Constructic�ta Stormii'iater Perin IgPD S NCla0100 0
Site Name: ' - - `T''
DW Q R O: j f a f..^
Inspector: _ ✓ 1.D Q Inspection date: ()
Location: t-
2.County: (A2) � 5.5trearr: (A5)
3.Basin: (A3) � . 6.Class AM)
4.Location description:(A4)
[Topographical vidnity map of site is attached for case fife]
7.Land disturbance due to construction)development. ( )
r s T ra— o�n"`
S.On-site representative available d- urin Ins ection? . A'B) g
Names)
Title(s)
Employer(s)
9.Erosio !on Control Plan(Part 1.Section A: No.2.)
vs �.— Ncti ;yr Not .
Is a copy of the approved plan on site and available for review? (A�) _' Inspected'3.
10 Rain Gau,ae(Part 1. Section B.No.1
Not
Is a rain gauge present on the site at the time of inspection? (Al 0)=_ v' No a- :
Inspected*
11 Rain Gauge Data(Part I.Section B.No. _ Nos'.°
Ali a �T— Nn rT— Inspected ,,
Is rain gauge data measured and recorded. ( ) ^���
Data from past 14 da S.
Date : "; .r'� L � 4�
Week 1 �
Amount: 21 3 `
Week
t y 3 $`
}I'J eek i
a
12.f�tinlmum�+lonitorinq&Aecard KeQpinti(Dart 1.Section 8.Ne.3.)
Are inspection records of erosion&sedimentation control facilities complete&available on re _
(Al 2)=1-'Yew; Nc' r not ected"
Dates of documented ins ections dunn the ast 14 da
Week
1Is
xkVt .. ,,� .sued .r.-F.`-r y. • '� ::3.
Week 2:
13.Sedimentation impacts to waters: 14.Linear ft of stream Im acts
Typical range of sediment depth: (All3a) ii A to = (Al 4)
Maximum depth of sediment: (A13b)
15.Photo Documentation: Were photos taken? (Al 5) 2r-: g� ' '� No =T
Photos(f.impacted water,2.sedimentation depths,3.sediment control measures, and 4.un-impacted upstream waters)
and sketch map of where photos were taken are attached for case rile
16,Notes- ±
There was no inspection dates listed between January 9,2011 and January 24,2011. Inspections are z
required within 24 hours after a 0.5 inch rainfall event or at least once every seven(7)days. =4°
x;
There was no information listed under Phase of Grading.
Instructions for keeping inspection records are listed at the top of the inspection form (SPPPForm30)f
It is recommended that each stormwater outfall be identified in some manner for ease in maintaining;=>
inspection records.
71 during
projectpersonnelnotavaUabi-

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
February 22, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7010 1870 0003 0874 5997
Mr. Chris Braund, Town Manager
Town of Lake Lure
P.O. Box 255
Lake Lure,North Carolina 28746-0255
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 NCO025381
Town of Lake Lure
Lake Lure WWTP
Case No. LV-2011-0049
-- Rutherford County
Dear Mr. Braund:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,317.00 ($1,250.00 civil penalty+ $67.00 enforcement costs) against the Town of Lake Lure.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Lake Lure for the month of October 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0025381. The violations which occurred in
August 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Lake Lure violated the
terms, conditions or requirements of NPDES Permit NCO025381 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, l, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against the Town of Lake Lure:
NorthCarohna
�aturallr�
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.ncwaterauality.org

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,250.00 NC0025381, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N - Cone.
$1,250.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,317.00 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-
2 8 2.1(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

..pare 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 §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 have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
A��e 41,IE�eA"
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office �-
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James & James Environmental/ ORC w/attachments
is ti l'1Ruthect rJ';t'a;t�n<i#er:R-ltrnicih il':[,alcc Lure G4'WTP 25331"I '-'_pl 1-0049.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0049 County: Rutherford
Assessed Party: Town of Lake Lure
Permit No: NC0025381 Amount Assessed: $1,317.00
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:

------------
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF LAKE LURE )
PERMIT NO. NCO025381 ) FILE NO. LV-2011-0049
Having been assessed civil penalties totaling $1,317.00 for violation(s) as set forth in the
.assessment document of the Division of Water Quality dated February 22, 2011, 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
February 22, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED.— 7010 1870 0003 0874 6000
Mr. Chris Braund, Town Manager
Town of Lake Lure
P.O. Box 255
Lake Lure,North Carolina 28746-0255
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 NCO025381
Town of Lake Lure
Lake Lure WWTP
Case No. LV-2011-0047
Rutherford County
Dear Mr. Braund:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$2,317.00 ($2,250.00 civil penalty+ $67.00 enforcement costs) against the Town of Lake Lure.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Lake Lure for the month of August 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0025381. The violations which occurred in
August 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Lake Lure violated the
terms, conditions or requirements of NPDES Permit NCO025381 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 Lake Lure:
None
rthCarohna
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.ncwaterouality.org

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0025381,by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for BOD - Conc.
1 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0025381, by discharging waste water into the waters of the State
in violation of the Permit Weekly Average limit for TSS - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,000.00 NC0025381,by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N- Conc.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$1,000.00 NC0025381, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$2,250.00 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$2,317.00 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:
(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 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 .C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
James & James Environmental/ORC w/attachments
�', H1".i2tthellord• `ttslcutt�r'_tilur7rcflaaf'(al«.L-weWWT1','38 PIV-2011-0047.doc

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0047 County: Rutherford
Assessed Party: Town of Lake Lure
Permit No: NC0025381 Amount Assessed: $2,317.00
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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF LAKE LURE )
PERMIT NO. NCO025381 ) FILE NO. LV-2011-0047
Having been assessed civil penalties totaling $2,317.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 22, 2011, 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
February 22, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED —7010 1870 0003 0874 5980
Mr. Chris Braund, Town Manager
Town of Lake Lure
P.O. Box 255
Lake Lure,North Carolina 28746-0255
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 NCO025381
Town of Lake Lure
Lake Lure WWTP
Case No. LV-2011-0048
Rutherford County
Dear Mr. Braund:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$1,629.50 ($1,562.00 civil penalty+ $67.00 enforcement costs) against the Town of Lake Lure.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Town of Lake Lure for the month of September 2010.
This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0025381. The violations which occurred in
August 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Lake Lure violated the
terms, conditions or requirements of NPDES Permit NCO025381 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, l, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against the Town of Lake Lure:
ne
NorthCarohna
JVaturally
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.oro

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$312.50 NC0025381, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean Average limit for
FECAL COLL
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,250.00 NC0025381, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N-Conc.
0 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$.00 NC0025381, by discharging wastewater into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$1,562,50 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$1,629.50 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 o£
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:
(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 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 y
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 C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/ attachments
James & James Environmental/ORC w/attachments
II.R Lit lie]I old•.! Ae Lui tbr,V I ib1�L ti`-'i)I 1-0048,doc � �

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0048 County: Rutherford
Assessed Party: Town of Lake Lure
Permit No: NC0025381 Amount Assessed: $1,629.50
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. 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, ,..
AND NATURAL RESOURCES
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
TOWN OF LAKE LURE )
PERMIT NO. NCO025381 ) FILE NO. LV-2011-0048
Having been assessed civil penalties totaling $1,629.50 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 22, 2011,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
February 22,2011
Mr.J. B. Setzer, P.E.
Division 14 Engineer
N.C. Department of Transportation
253 Webster Road
Sylva,North Carolina 28779
Subject: Inspection
NCSR 1783 Upward Road
DWQ Project 08-1327
TIP No. R-4430
Henderson County
Dear Mr. Setzer:
On February 3, 2011, I inspected the construction work on Upward Road between US Highway 176 and
Howard Gap Road in Henderson County. Construction work is now taking place all along Upward Road
between Howard Gap Road and US Highway 176.
Recent rains have resulted in sediment and erosion control structures being impacted and the loss of sediment
in some areas. Please ensure that all sediment and erosion control structures are repaired and maintained and
that any off-site sediment is removed. Seeding and mulching should be performed as needed,to protect
downstream waters.
Please refer to the attached copy of the inspection report for additional comments regarding the inspection.
If you have questions,please call me at 828-296-4500.
Sincerely,
Michael R. Parker
Environmental Senior Specialist
Attachment
cc: Aaron Powell
Mark Davis, Division 14,DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
Upward Road R-4430 Inspection Letter February 2011
SURFACE WATER PROTECTION SECTION—Asheville Regional Office
2090 U.S.70 Highway,Swannanoa,NC 28778-8211
Phone:[phone] FAX:[phone] One
Customer Service:1-877-623-6748 NOlthCarO.h a.
Internet:www.ncwaterauality.org ���K"��l/r�
An Equal Opportunity 1 Affirmative Action Employer

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DWO Site Visits for DOTProiects
Field Sheet
DWQ representative: Michael R. Parker Date: February 3,2011�
County: Henderson Region: I Asheville
DOT Division: Division 14
Activity: X 401 Compliance Evaluation ❑ Complaint
❑DWQ Follow Up Evaluation ❑ Other
DWQ 401 #: 08-1327 NW Permit#: 13, 12, 14 rp#:
Project Name: Upward Road Widening Project R-4430
Location of Project: Upward Road(NCSR 1783)between US Highway 176 and Howard Gap Road
Project Complete: ❑Yes X No If no, estimated date of completion: I
Activities(DOT): Water Quality Concerns(DWQ):
X❑ Bridge ❑ Steam Standards Violation
X❑ Culvert X❑ Turbidity
❑ Bottomless Culvert ❑ Evidence of spills
❑ Bottomless Arch ❑ Oil/Petroleum
X❑ Riprap Inlet/Outlet Stabilization ❑ Solid Waste
❑ Spoil Pile ❑ Failed E& S control measures
❑ Borrow Pit X❑ Sedimentation Impacts
❑ Wetland Mitigation ❑ Stormwater Permit Violation
❑ Stream Restoration X❑ Fill
❑ On-site Stream Relocation ❑ Buffer Impacts(see below)
❑ Buffer Restoration ❑ Other
X❑Bank Stabilization
❑ Other
Additional Wetland Impacts: ❑yes X❑ no Estimated Acres
❑ Zone 1 Est Acres 1 ❑Zone 2 Est Acres
Additional Stream Impacts: ❑ yes X❑ no Est Linear feet
Estimated linear feet of impact:
Buffer Impacts: ❑Neuse ❑Tar-Pam ❑Randleman ❑Catawba
Zone 1: ❑Yes ❑No Est linear ft/acreage of buffer impact ac
Zone 2: ❑Yes ❑No Est linear ft/acreage of buffer impact ft/ ac
Buffer Designation: ❑Exempt ❑Allowable ❑Allowable w/mitigation ❑Prohibited

DWO Site Visits for DOT Projects
Background Info
Name of Waterway(s): Bat Fork Creek and tributaries,tributary to Dunn Creek and tributaries
to King Creek
Basin/Subbasin: French Broad 040302
Wetland Type: ❑Isolated x❑Non-Isolated(Waters of US)
Stream Class: ❑Class B ❑303d Listed ❑WS-II ❑WS-V ❑SB
X❑Class C ❑ORW ❑Trout ❑WS-III ❑NSW
❑HQW ❑WS-I ❑WS-IV ❑SA ❑CA
Type of Authorized Impact: X❑Culvert ❑Bottomless Culvert
❑Bridge ❑Bottomless Arch
X❑Riprap Inlet/Outlet Stabilization X❑Fill
Authorized Wetland Impacts: X❑0— 1/loth acre ❑1/11`h to 1/3rd acre 0.1 acre
❑1/3r.dto 1.0 acre ❑> 1.0 acre
Authorized Stream Impacts: ❑< 150 linear feet X❑> 150 linear feet 891 linear feet
Additional comments:
Reviewed project with DOT staff.
Recent rains have resulted in sediment and erosion control structures being impacted and sediment loss in
several locations. Any off-site sediment should be removed.
Repair slope areas between the old culvert and new culvert near US Highway 176.
Remove off-site sediment that has accumulated off right of way near Station 103+00.
Repair and maintain all erosion control devices and continue with seeding and matting as required to protect
State surface waters.
Upward Road R-4430.Inspection February 2011

WYV IF
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
February 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 1680 0000 7515 2441 7009 1680 0000 7515 2458
Ms.Gail Addis Ms. Mary Ruth Queen,
(new owner of: 6 Mooreview Dr.) (owner of: 6 Douglas Place)
144 Lakeshore Drive 16 Westridge Drive
Asheville, North Carolina 28804 Asheville, North Carolina 28803
7009 1680 0000 7516 2465 7009 1680 0000 7515 2472
Ann and Phillip Player Ms. Mary B. Johnson
7 Douglas Place 8 Douglas Place
Asheville, North Carolina 28803 Asheville, North Carolina 28803
7009 1680 0000 7515 2489 7009 1680 0000 7515 2250
Ms. Carol Lathuras Don and Aileen Jones
(owner of: 10 Douglas Place) 11 Douglas Place
3 Commodore Drive, Apt. # 153 Asheville, North Carolina 28803
Emeryville, California 94608
7010 1870 0003 0874 6048
7010 1870 0003 0874 5959 Mary Ruth Queen
Mark and Josephine Pedersen Post Office Box 1724
12 Douglas Place Hendersonville, NC 28793-1724
Asheville, North Carolina 28803 (2"d MAIL ATTEMPT- 2/23/2011)
Subject: Sewer Repair at:. 6 Mooreview Drive
From Private Sewer Collection System
Buncombe County
Dear Sirs and Madams:
On July 8, 2010 and August 13, 2010 the Division of Water Quality notified the owners of:
6 Mooreview Drive -former owner: Laurie Ledford,
6 Douglas Place - Mary Ruth Queen,
7 Douglas Place -Ann and Phillip Player,
8 Douglas Place - Mary B. Johnson,
10 Douglas Place - Carol Lathuras,
11 Douglas Place - Don and Aileen Jones and
12 Douglas Place - Mark and Josephine Pedersen
regarding the privately owned sewer collection system line that runs under the garage at:
6 Mooreview Drive.
North Carolina Division of Water Quality,Asheville Regional Office
Location:2090 U.S.Hwy.70,Swannanoa,North Carolina 27107 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org NatuA�/if
An Equal Opportunity 1 Affirmative Action Employer L F`�

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 22, 2011
Mr. Jeff Lamm,Environmental Affairs
Southern Concrete Materials, Inc.
P.O. Box 5395
Asheville,NC 28813
SUBJECT: NPDES Stormwater Permit Compliance Inspection
Southern Concrete Materials—Waynesville Facility
Permit No: NCG140153
Haywood County
Response deadline: March 18, 2011
Dear Mr. Lamm:
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
February 1, 2011,by Linda Wiggs and myself, at the SCM-Waynesville site.
The facility was not in compliance with permit NCG140153, mainly due to an additional
stormwater discharge outfall that was identified near the entrance to the plant. Enclosed is a copy
of the Compliance Inspection Report, which contains additional observations and comments for
your reference. Please respond to the comments in the inspection report by March 18, 2011.
Please contact me at [phone] or Susan.A.Wilsonkncdenr.gov, if I can be of any further
assistance.
Since. ely,
usan A. Wilson, Environmental Engineer
Surface Water Protection
Enclosure
cc: Central Files
Asheville Files
Mike Hill, SCM 201 Boundary St., Waynesville,NC 28786 (w/Inspection Report)
S:\SWP\Haywood\Stormwater\NCG14 Ready Mix\SCM NCG140153\CEI.SCM Waynesville.2 2011.doc
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:[phone]\FAX:[phone]\Customer Service:1-877-623-6748 NOrthCaralina
Internet:www.ncwaterquality.org
�aturall�
An Equal Opportunity\Affirmative Action Employer

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Compliance Inspection Report
Permit: NCG140153 Effective: 08/01/09 Expiration: 06/30/11 Owner: Southern Concrete Materials Inc
SOC: Effective: Expiration: Facility: Southern Concrete Mat-Haywood
County: Haywood 201 Boundary$t
Region: Asheville
Waynesville NC 28786
Contact Person: Title: Phone:[phone]
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On-Site Representative(s):
On-site representative Mike Hill Phone:
Related Permits:
Inspection Date: 02/01/2011 Entry Time: 03:00 PM Exit Time: 05:00 PM
Primary Inspector: Susan A Wilson Phone:[phone]
Secondary Inspector(s):
Linda S Wiggs Phone: [phone] Ext.4653
Reason for Inspection: Routine Inspection Type:Compliance Evaluation
Permit Inspection Type: Ready Mix Concrete Stormwater/ Wastewater Discharge
COC
Facility Status: 0 Compliant ■ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

Permit:NCG140153 Owner-Facility: Southern Concrete Materials Inc
Inspection Date: 02/01/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Inspection Summary:
Susan Wilson and Linda Wiggs,ARO- DWQ, conducted a site inspection at the SCM-Waynesville facility on February 1,
2011. Mike Hill of SCM was present during the site inspection.
Records were generally well kept. As noted previously,the SWPPP must be updated annually(DWQ recommends that
the Plan be organized in the same fashion as the questions in this inpsection form, for ease of review). An updated
permit should be in the plan. DWQ did not see stormwater/wastewater analytical results for 2009. Facility inspections are
required 2/year and should be well documented in the plan (along with any actions taken regarding
stormwater/wastewater areas; for example, if the basins are cleaned of residuals-the date and action should be noted in
the plan).
The main concern during the inspection was the basin near the plant entrance. As noted previously, DWQ considers this
a stormwater/wastewater outfall as it is currently configured. Qualitative and analytical monitoring should be conducted
from this outfall and the site plan should be modified to reflect this outfall. SCM may wish to re-evaluate this area to
determine if it can be reconfigured to eliminate its potential for discharge. During the time of inspection,there was
essentially no freeboard height and the basin would discharge during the next rain event.
Page: 2

Permit:NCG140153 Owner-Facility:Southern Concrete Materials Inc
Inspection Date: 02/01/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑
#Does the Plan include a General Location(USGS)map? ■ ❑ ❑ ❑
#Does the Plan include a"Narrative Description of Practices"? ■ ❑ ❑ ❑
#Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑
#Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑
#Has the facility evaluated feasible alternatives to current p ractices? ❑ ❑ ❑ ■
#Does the facility provide all necessary secondary containment? ■ Q ❑ ❑
#Does the Plan include a BMP summary? ❑ ❑ ❑ ■
#Does the Plan include a Spill Prevention and Response Plan(SPRP)? ❑ ❑ ❑ ■
#Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ❑ ❑ ■
#Does the facility provide and document Employee Training? ■ ❑ ❑ ❑
#Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑
#Is the Plan reviewed and updated annually? ❑ ■ ❑ ❑
#Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑
Comment: The SWPPP was essentially complete-some aspects of it needed fine
tuning (the facility inspection program, update the manual annually, etc.)
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ n ❑
Comment: Qualitative monitoring is being conducted at one SDO.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ■ ❑ ❑
#Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑
Comment: Analytical monitoring for the SDO was performed in 2010 and 2008 (DWQ
has no records of monitoring in 2009).
No monitoring has to be conducted for vehicle maintenance (and no monitoring is
required)-all maintenance is conducted in an interior area (covered - not exposed to
storm events).
Permit and Outfalls Yes No NA NE
#Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑
#Were all outfalls observed during the inspection? ■ ❑ ❑ ❑
Page: 3

Permit:NCG140153 Owner-Facility: Southern Concrete Materials Inc
Inspection Date: 02/01/2011 Inspection Type:Compliance Evaluation Reason for Visit:Routine
#If the facility has representative outfall status, is it properly documented by the Division? fl 0 ■
#Has the facility evaluated all illicit(non stormwater)discharges? n n Q i
Comment: A copy of the permit was in the SWPPP (but it was out of date). The
current general permit for Ready Mix facilities was issued effective August 1, 2009 (it is
set to expire this year and a draft will be out for review in the near future).
DWQ has concerns about the basin near the entrance to the property. This basin was
full during the time of inspection, with essentially no freeboard height. DWQ considers
this to be a wastewater outfall, as it is currently configured. Qualitative and analytical
monitoring will be required for this area (and should be designated in the SWPPP).
SCM should review this area to prevent potential runoff. This area has greater potential
to directly reach surface waters than the area at the back of the property which
essentially discharges to the railroad ditch.
SCM should submit an updated site plan with the response to the inspection letter.
Also, the next set of sample results should be submitted to the ARO.
Page: 4

ROENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
February 23,2011
Lois Herb
410 Bloody Fork Rd
Burnsville,NC 28714
Dolph Silvers
Dolph and S.W. Silvers Construction
295 Saw Mill Hollow Road
Burnsville,NC 28714
SUBJECT: Notice of Violation Response—Tentative Proposal Approval
Herb Property
NOV-2010-OP-0020
Yancey County
Dear Ms.Herb and Mr. Silvers:
The Division of Water Quality has received correspondence from Altamont Environmental,Inc. dated
February 14,2011,in response to the NOV noted above. The response includes three proposed courses of
action to return the site to compliance related to violations of 15A NCAC 2H.0500 and 15A NCAC
02B.0211 (2).
NOV Response 93 presents the most acceptable option to help restore a portion of the stream impacted by
fill activities and preserve additional stream length as compensatory mitigation.
The remedial actions presented in Response #3 are tentatively approved. A restoration plan,detailing pipe
removal and stream channel restoration, should be submitted for final approval prior to any work being
undertaken. Any modification to the proposed compensatory mitigation required by the Corps of Engineers
will be acceptable to the Division.
Sincerely,
Chuck Cranford ` f
Environmental Specialist
Surface Water Protection
cc: Paul Dow—Altamont Environmental,Inc. (e-copy)
George Saenger—Attorney(e-copy)
Tommy Burleson—Avery County Planning(e-copy)
Tasha McCormick—USACE(e-copy)
ARO File Copy
SASWP\Yancey\Complaints\Herb Property\APRVL.2.22.11.doc
SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One 7
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NOrthCarohna
Phone:[phone]M FAX:[phone]\Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org Nat'/y� //
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An Equal Opportunity 1 Affirmative Action Employer

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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
February 23, 2011
Mr. Walter T. McGee, President
Biltmore Investments LTD
P.O. Box 745
Hendersonville, North Carolina 28793
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0057
Permit No. NCO076082
Bear Wallow Valley MHP WWTP
Henderson County
Dear Mr. McGee:
A review of Bear Wallow Valley MHP WWTP°s monitoring report for September 2010 showed the
following violations:
Parameter Date Measuring Frequency Violation
pH Week ending 09/04/2010 Weekly Failure to Monitor
Temperature Week ending 09/04/2010 Weekly 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 for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Kevin C. White/ORC
S:1SWP1FlendersontVllastewatertMinors\Bear Wallow Valley KAHP 760821NOV-20'1 1-MV-0057.doc NorthCarolina
Nawra!!y
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

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
February 23, 2011
Ronald Wilcox, Ph.D., Superintendent
Madison County Schools
5738 Hwys 25 /70
Marshall NC 28753-9006
SUBJECT: Compliance Evaluation Inspection
Laurel Elementary School WWTP
Permit No: NCO034207
Madison County
Dear Dr. Wilcox:
Enclosed please find a copy of the Compliance Evaluation Inspection report from the
inspection conducted on February 18, 2011. The facility was found to be in compliance with
permit NC0032207.
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 828-296-4500 extension 4662.
Sincerely,
4
Wanda P Frazier
Environmental Specialist
Enclosure
cc: Randy Joseph, ORC
Jamie List, Madison County Health Department
Central Files
Asheville Files
S:\SWP\Madison\Wastewater\Minors\Laurel Elementary 34207\CEI 2-18-11.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S.Highway 70,Swannanoa,NC 28778 NOrthCaro ina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 ;Vatmrallff
Internet:www.ncwaterguality.org<✓`

United States Environmental Protection Agency Form Approved.
E P/� 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 I NI 2 15I 31 NCO034207 ( 11 121 11/02/18 117 18I CI 19I SI 201 I
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------------Reserved-----------------
67I 1.0 169 701 31 711 II 721 NJ 73I ' 174 751 I I I I I I 180
Section B: Facility Data �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)
Laurel Elementary School WWTP
11:30 AM 11/02/18 10/10/01
1255 NC Hwy 212 Exit Time/Date Permit Expiration Date
Marshall NC 28753 12:00 PM 11/02/18 15/09/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Randy A Joseph/ORC/828-622-7550/
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Woody Ammons,115 Blannahassett Is Marshall NC 28753//828-649-9276/ 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/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers i� Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.
3I N00034207 I11 12I 11/02/18 1 18'CI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
COLLECTION SYSTEM:
The collection system consists of: one main 6-inch gravity line, one manhole and no pump
stations.
WASTEWATER TREATMENT PLANT (WWTP):
The WWTP consists of a 0.005 MGD extended aeration package plant with:
grease trap;
manual bar screen;
aeration basin with one blower providing diffused air; and
clarifier with skimmer and sludge returns
RESPONSIBLE OFFICIALS:
Ronald Wilcox, Ph.D., Superintendent
Richard Paxton, Maintenance Supervisor
OPERATORS:
ORC: Randy Joseph —Cert. # 15506-WW—II & Cert. #26903—CS - I
Back-up ORC: Christopher M. Ladd—Cert. # 10880 WW— I & Cert. # 13877 CS - III
PERMIT/ INSPECTION /LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
6-8-10 by Wanda Frazier.
The permit expires on 9-30-2015
The daily operator log was present 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 = 9.6 degrees Celsius
pH = 7.01 units
Dissolved Oxygen = 5.88 mg/I
Page# 2

Permit: NCO034207 Owner-Facility: Laurel Elementary School VWVfP
Inspection Date: 02/18/2011 Inspection Type: Compliance Evaluation
Settleable Solids = 500 ml/I = 50%
OPERATIONS AND MAINTENANCE/EFFLUENT/SUMMARY:
The grease trap had been pumped (twice a year).
Excess solids had been wasted and pumped from the plant(December 2010).
The area around the WWTP, inside the fence, had been maintained.
The rusted grates over the aeration basin had been replaced.
A new mailbox(for the logbook) had been installed.
A ventilated metal shelf had been mounted on the inside of the fence to sit field testing
equipment.
Mr. Richard Paxton, Maintenance Supervisor, and Mr. Randy Joseph, ORC, assisted in the
inspection and appear to be operating and maintaining the facility very well.
EFFLUENT:
The effluent data was as follows:
- Dissolved Oxygen= 2.6 mg/I
pH = 6.97 units
Temperature = 9.8 degrees Celsius
The effluent was very clear and appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT (SPAR):
The July 1, 2009 to June 30, 2010 System Performance Annual Report was received by the Division
on July 14, 2010.
EQUIPMENT NEEDED:
In 2009, the entire Big Laurel Creek watershed (which includes the stream that the Laurel School
discharges into)was reclassified to Outstanding Resource Waters(ORW).
The Outstanding Resource Waters (ORW) supplemental classification is intended to protect unique
and special waters having excellent water quality and being of exceptional state or national
ecological or recreational significance. To qualify,waters must be rated Excellent by DWQ, and
have one of the following outstanding resource values:
Page# 3

Permit: NCO034207 Owner-Facility: Laurel Elementary School WWTP
Inspection Date: 02/18/2011 Inspection Type: Compliance Evaluation
1. Outstanding fish habitat or fisheries,
2. Unusually high level of water based recreation or potential for such kind of
recreation,
3. Some special designation such as N.C.Scenic/Natural River, or National Wildlife
Refuge,
4. Important component of state or national park or forest; or
5. Special ecological or scientific significance (rare or endangered species habitat,
research or educational areas.)
All ORWs are High Quality Waters (HQW) by supplemental classification.
MOTOR AND BLOWER NEEDED:
Although no changes were made in your NPDES permit(renewed in 2010), it is requested that an
additional motor and blower be added at the wastewater treatment plant.
There is currently only one motor and blower at the WWTP. Another motor and would provide
additional protection of these Outstanding Resource Waters, allowing the WWTP to operate
in the event that the existing motor and blower fail.
Page# 4

Permit: NCO034207 Owner-Facility: Laurel Elementary School VWVfP
Inspection Date: 02/18/2011 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 ■ Cl
Is the facility as described in the permit? ■ In 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 D Cl
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:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
Are the bars adequately screening debris? ■ Cl 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? ■
Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ n ■ n
Page# 5

Permit: NC0034207 Owner-Facility: Laurel Elementary School WWl-P
Inspection Date: 02/18/2011 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? In 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 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) ■ Cl n
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n In
Are the receiving water free of foam other than trace amounts and other debris? ■ Cl n n
If effluent (diffuser pipes are required) are they operating properly? ❑ n ■ n
Comment:
Page# 6

Aff"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
February 23, 2011
Ms. Carolyn F. Edmundson
Country Acres Mobile Home Park
25 Keith Memorial Drive
Mills River, North Carolina 28759-2522
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0081
Permit No. NCO066249
Country Acres MHP VMTP
Henderson County
Dear Ms. Edmundson:
A review of Country Acres MHP WWTP's monitoring report for November 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended - 11/03/2010 45 mg/I 92 mg/1 Daily Maximum
Concentration 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.
A review of Country Acres MHP's DMRs has shown that they do not contain the required ten(10)days
between the sampling of parameters which are required to be sampled twice per month per your NPDES
permit. Part ll, Section A. of your NPDES permit states: 2/ Month: Samples are collected twice per
month with at least ten calendar days between sampling events. Please begin using the required
protocol on future DMRs.
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
828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
J. F. Edwards/ORC One
S:iSWPlHe.ndr-rso.ii\Wastew2ter\hAinorslCouiitry Acres MHP 662491NOV-2011-LV-0081.doc NorthCarolina
N<rtumilY
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

,"
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r�wur��.aiw
WDER
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
February 23, 2011
Ronald Wilcox, Ph.D., Superintendent
Madison County Schools
5738 Hwys 25 /70
Marshall NC 28753-9006
SUBJECT: Compliance Evaluation Inspection
Madison County Middle School WWTP
Permit No: NCO080659
Madison County
Dear Dr. Wilcox:
Enclosed please find a copy of the Compliance Evaluation Inspection report from the
inspection conducted on February 18, 2011. The facility was found to be in compliance with
permit N00080659.
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 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Randy Joseph, ORC
Jamie List, Madison County Health Department
Central Files
Asheville Files
S:\SWP\Madison\Wastewater\Minors\Madison Middle School 80659\CEI 2-18-11.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S.Highway 70,Swannanoa,NC 28778 -One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 ;Vaturallr�
Internet:www.ncwaterguality.orcl

j
1�._�/::
\�_,

United States Environmental Protection Agency Form Approved.
EPA 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 NCO080659 111 121 11/02/18 117 18I CI 19I SI 201 I
Remarks
21LI ( Ij6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------Reserved--------- ----
671 1.0 169 701 31 71 I I 721 NJ 73I 74 751 I I I I I I 180
Section B: Facility Data uI 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)
Madison County Middle School WWTP
10:40 AM 11/02/18 10/10/01
US Hwy 25-70 Exit Time/Date Permit Expiration Date
Marshall NC 28753 11:10 AM 11/02/18 15/09/30
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Randy A Joseph/ORC/828-622-7550/
Name,Address of Responsible Official/Title/Phone and Fax Number
Ronald Wilcox,115 Blannahassett Is Marshall NC Contacted
28753//828-649-2269/8286499015 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/
y ,
f> //
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
X10 CC
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type (cont.) 1`
3I NCO080659 (11 12I 11/02/18 ' 17 18ICI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION:
COLLECTION SYSTEM:
The collection system consists of three 6-inch gravity lines; one from the Middle School, one
from the Brush Creek School and one from the Health Center. There are two manholes. There are
no pump stations.
WASTEWATER TREATMENT SYSTEM:
The 0.009 MGD wastewater treatment system consists of:
1,000 gallon grease trap for each school (Madison Middle& Brush Creek Elementary);
10,300 gallon septic tank(original tank);
3,000 gallon settling tank(original pump tank)with two 15-inch pvc Orenco biotube effluent
filters;
10,000 gallon recirculation tank(added in 2001)with dual 1 HP (80 gpm) pumps;
50' x 51' (-2500 sq ft) recirculating sand filter(ratio 1:1)with low pressure pipe (LPP)
distribution lines;
4-inch recirculation line to the settling (pump)tank;
applied flow to sand filter is - 18,000 gpd at a design flow over 15 hours;
actual pump run time per day is- 3.75 hours for 22 doses/day;
electro-mechanical timer to control the dosing / resting intervals of wastewater
10 minute intervals: 10 minutes on and 30 minutes off, rather than demand cycles;
50% of effluent flow is recirculated;
tablet chlorinator;
chlorine contact tank;
flow meter;
tablet dechlorinator;
effluent outfall discharge pipe with flap valve.
RESPONSIBLE OFFICIALS:
Ronald Wilcox, Ph.D., Superintendent, Madison Co. Board of Education
Richard Paxton, Maintenance Supervisor
OPERATOR INFORMATION:
ORC: Randy Joseph-Cert. # 15506-WW- 11 & Cert. #26903-CS-
Back-up ORC: Christopher M. Ladd-Cert. # 10880 WW-1 & Cert.# 13877 CS - I Il
PERMIT/ INSPECTION/LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
6-8-2010 by Wanda Frazier.
The permit expires on September 30, 2015.
Page# 2

Permit: NCO080659 Owner-Facility: Madison County Middle School WWTP
Inspection Date: 02/18/2011 Inspection Type: Compliance Evaluation
The daily operator log was present and had good notation of daily events and field testing data.
OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY:
TANKS:
Both of the 1,000 gallon grease traps had been pumped.
The septic tank and settling tank had been pumped.
The two biotube filter cartridges had been cleaned.
SAND FILTER:
The sand was replaced in the sand filter beds in November 2009.
The sludge contaminated sand had been removed from the top layer of the sand filter bed.
The sand filter beds had been cleaned, re-leveled with new replacement sand, raked and were free
of vegetation.
The sand sludge and vegetation was removed and double bagged in trash bags in preparation for
transfer to the Madison County Landfill transfer station.
This waste was previously tested for TCLP parameters and cleared for disposal.
The Madison County landfill (Jim Huff 649-2311) transfers this "special waste"for
ultimate disposal in Tennessee.
Some of the perforated pvc laterals had been replaced, so that there were no flow restrictions.
All of the laterals were level, flowing freely and evenly distributing the flow across the
surface of the entire sand filter bed.
DISINFECTION:
The chlorine contact tank had been pumped. There were no accumulated solids or debris in the
chlorinator and dechlorinator vaults.
FLOW MEASUREMENT:
The effluent flows are currently based on the potable water meter readings.
The maintenance staff are in the process of replacing the old Stevens 61 R flow meter with a new
Eastech Vantage 2210 Ultrasonic flow meter with data port capable of electronically downloading
flow data.
EFFLUENT OUTFALL:
A new flapper valve had been installed on the end of the effluent outfall pipe to prevent
Page# 3

Permit: NCO080659 Owner-Facility: Madison County Middle School wVVTP
Inspection Date: 02/18/2011 Inspection Type: Compliance Evaluation
backflow from the creek, during periods of high rainfall and high stream flows, into the
chlorination and dechlorination vaults.
EFFLUENT:
The effluent data was as follows:
Dissolved Oxygen = 3.52 mg/1
pH = 6.89 units
Temperature = 11.2 degrees Celsius
Chlorine = <14 ug/l
The effluent was very clear and appeared to be in compliance with permit limits.
The.outfall at the stream and downstream were also very clear.
SUMMARY:
Mr. Richard Paxton, Maintenance Supervisor, and Mr. Randy Joseph, ORC, assisted in the
inspection and appear to be operating and maintaining the system in accordance with permit
conditions.
SYSTEM PERFORMANCE ANNUAL REPORT(SPAR):
The July 1, 2009 -June 30, 2010 System Performance Annual Report was received by the Division
on July 14, 2010.
Page# 4

Permit: NCO080659 Owner-Facility: Madison County Middle School VWVTP
Inspection Date: 02/18/2011 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 ■ o o
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? ■ 0 00
Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Ell 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 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? n n ■ n
Is the distribution box level and watertight? ■ n n n
Is sand filter free of ponding? ■ n n n
Is the sand filter effluent re-circulated at a valid ratio? ■ n Cl n
#Is the sand filter surface free of algae or excessive vegetation? ■ n n Cl
#Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ n
Comment: 50% of the flow is recirculated, as designed.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? IN n n n
Are the tablets the proper size and type? ■ Cl n n
Number of tubes in use? 3
Is the level of chlorine residual acceptable? ■ Cl n n
Page# 5

Permit: NC0080659 Owner-Facility: Madison County Middle School WWfP
Inspection Date: 02/18/2011 Inspection Type: Compliance Evaluation
Disinfection-Tablet Yes No NA NE
Is the contact chamber free of growth,or sludge buildup? ■ n n
1-1
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? 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 n
Number of tubes in use? 3
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:
Page# 6

�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
February 23, 2011
Mr. Charles F. Gay
USDA US Forest Service
160—A Zillicoa Street
Asheville, North Carolina 28802-2750
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0056
Permit No. NCO020486
North Mills River Recreation Area WWTP
Henderson County
Dear Mr. Gay:
A review of North Mills River Recreation Area's WWTP monitoring report for September 2010
showed the following violation:
Parameter Date Measuring Violation
Frequency
Total Residual Chlorine Week ending 09/04/2010 Twice Weekly 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 for the non-compliance. If the above
parameter was left,off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
James & James Environmental/ORC
S:\SWP\Henderson\Wastewater\Minors\Noilh Mills River Rec 204£61NOV-2011-MV-0056.doc NonithCarolina
,Vatura!!ry
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.ora 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
February 23, 2011
Mr. Michael Moiling
USDI National Park Service
199 Hemphill Knob Road
Asheville, North Carolina 28803
Subject: NOTICE OF VIOLATION
NOV-2011-MV-0055
Permit No. NCO072729
Mount Pisgah Lodge & Recreation Area WWTP
Haywood County
Dear Mr. Moiling:
A review of Mount Pisgah Lodge & Recreation Area WWTP's monitoring report for September
2010 showed the following violation:
Parameter Date Measuring Violation
Frequency
Fecal Coliform Week ending 09/25/2010 Weekly 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 for the non-compliance. If the above
parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this
office.
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. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
Si\SWP\I Iay�voodlVt'a tewatt-,rUsAiiiors\Mt.Pisgah lodge&RecA.rea 27291Nc7V-2Q1�-NiV gt?5�.di:,c NorthCarotina
,Vatara!!y
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.ora FAX [phone] 1-877-623-6748

AIFJ
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 23, 2011
Mr. Mike Moiling
USDI National Park Service
199 Hemphill Knob Road
Asheville, North Carolina 28803
Subject: NOTICE OF VIOLATION
NOV-2011-LM-0009
Permit No. NCO072729
Mount Pisgah Lodge& Recreation Area VVWTP
Haywood County
Dear Mr. Moiling:
A review of Mount Pisgah Lodge& Recreation Area WWTP's monitoring report for October 2010 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 10/12/2010 400#/100ml 600#/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 Daily Maximum Fecal violation, it is
not requested that a response be submitted.
Parameter Date Measuring Violation
Frequency
Coliform, Fecal MF, M-FC Week ending 10/02/2010 Weekly Failure to Monitor
Broth,44.5C
If the above Fecal Coliform parameter was left off inadvertently,please send an amended DMR within 10
business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a
copy to this office.
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. If you should have any questions, please do not hesitate to
contact Janet Cantwell at 828/296-4500.
Sincerely,
-?f& .-1 0a
Roger"C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
S:ISWI'11-1,aywoudVVVastewateriMiriorsiMt. Pisgah Lodge&Rec Area 72729\NOV-2011 LM-0009 doc NorthCarolina
�Vatura!!r�
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterauality.org FAX [phone] 1-877-623-6748

\ ,
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1

A74
WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
February 23, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6031
Mr. Michael Molling
USDI National Park Service
199 Hemphill Knob Road
Asheville,North Carolina 28803
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 NCO072729
USDI National Park Service
Mount Pisgah Lodge &Recreation Area WWTP
Case No. LV-2011-0050
Haywood County
Dear Mr. Molling:
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 USDI National Park Service.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by USDI National Park Service for the month of August
2010. This review has.shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0072729. The violations which
occurred in August 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that USDI National Park Service
violated the terms, conditions or requirements of NPDES Permit NCO072729 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 USDI National Park Service:
One NhCarolina
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.ncwateraualitv.om

0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0072729, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0072729, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD - Conc.
$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

.ring 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 143 B-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 §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 have any questions, please contact Janet Cantwell of
the Water Quality staff of the Asheville Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/attachments
DWQ Central Files w/ attachments
Bob Guerra/DWQ Enforcement Files w/attachments
S�if'liatir Eft�t5t4�c t�i�lliaii3rti'�It.flkt.,oh Lodge&Rec Area !2729. V-2011-0050.efoi

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2011-0050 County: Haywood
Assessed Party: USDI National Park Service/Mt. Pisgah Lodge
Permit No.: NC0072729 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. 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
USDI NATIONAL PARK SERVICE/ )
MT. PISGAH LODGE )
PERMIT NO. NCO072729 ) FILE NO. LV-2011-0050
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 February 23, 2011,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
February 24, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Patty Elliott
I T&K Enterprises
3365 Sugar Hill Road
Marion,North Carolina 28752
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 NCO086428
I T & K Enterprises
Marion Travel Plaza WWTP
Case No. LM-2011-0008
McDowell County
Dear Ms. Elliott:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$535.75
($468.75 civil penalty+$67.00 enforcement costs) against I T &K Enterprises.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by I T & K Enterprises for the month of July 2010. This
review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0086428. The violations which occurred in
July 2010 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that I T& K Enterprises violated the
terms, conditions or requirements of NPDES Permit NCO086428 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 I T & K Enterprises:
NorthCarohna
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.ncwaterguality.orgly�

I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$125.00 NC0086428, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$31.25 For 1 of the 1 failures to properly monitor TEMP-C in violation of
NPDES Permit No.NC0086428.
$31.25 For 1 of the 1 failures to properly monitor DO in violation of NPDES
Permit No.NC0086428.
$31.25 For 1 of the 1 failures to properly monitor Flow in violation of
NPDES Permit No.NC0086428.
$250.00 For 4 of the 4 failures to properly monitor CHLORINE in violation
of NPDES Permit No. NC0086428.
$468.75 TOTAL CIVIL PENALTY
$67.00 Enforcement Costs
$535.75 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:
(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 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,
tic"
. Edwards,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
Bob Guerra/DWQ Enforcement Files w/attachments
S:.SV I'\Tvlcfh? elf•.4Uaslex-ater;vincx,`•.�Aariun Travel Plaza 8tA23`•.1.M-201 1-0008.doe

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LM-2011-0008 County: McDowell
Assessed Party: IT & K Enterprises/Marion Travel Plaza
Permit No.: NC0086428 Amount Assessed: $535.75
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 ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
I,T & K ENTERPRISES/MARION TRAVEL }
PLAZA )
PERMIT NO. NCO086428 ) FILE NO. LM-2011-0008
Having been assessed civil penalties totaling $535.75 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 24, 2011, 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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WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 24, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Carson Fisher
Burke County General Services
P.O. Box 1486
Morganton, North Carolina 28680-1486
SUBJECT: Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit WQCS00324
Burke County General Services
Burke County Collection System
Case'No. DV-2011-0008
Burke County
Dear Mr. Fisher:
This letter transmits an assessment of civil penalty in the amount of$8,067.00 ($8,000.00 civil
penalty+$67.00 enforcement costs) against Burke County General Services.
This assessment is based upon the following facts: a review has been conducted of the Sanitary
Sewer Overflow(SSO) (Incident#201100078) 5-Day Report submitted by Burke County General
Services. This review has shown the subject facility to be in violation of the requirements found in
Collection System Permit WQCS00324 and G.S. 143-215,1(a)(1). 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 Burke County General Services
violated the terms, conditions or requirements of Collection System Permit WQCS00324 and G.S.
143-215.1(a)(1) 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 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 Burke County General Services.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One
2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org An Equal Opportunity l Affirmative Action Employer"(�, atura �/�/

1 of 1 violation of North Carolina GS-143-215.1 and Permit#
$8,000.00 WQCS00324 for a Sanitary Sewer Overflow of 7,000 to 8,000 \
gallons of untreated wastewater from the collection system.
$8,000.00 TOTAL CIVIL PENALTY .
$67.00 ENFORCEMENT COST
$8,067.00 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:
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

_,-c that establishes why you believe the civil penalty should be remitted, and submit it to the
,ion of Water Quality at the address listed below. In determining whether a remission request
all be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors inNCGS 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.
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:
Pretreatment Emergency Response and Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Roger C. Edwards, Supervisor
Division of Water Quality
DENR
2090 US Highway 70
Swannanoa,North Carolina 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 fof
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 Janet Cantwell of the Water Quality Section staff of the Asheville Regional
Office at 828-296-4500.
Ro er . Edwards
Water Quality Regional Supervisor
Asheville Region
Division of Water Quality
ATTACHMENTS
cc: DWQ Asheville Files w/ attachments
DWQ Central Files w/attachments
PERCS Unit Enforcement Files w/attachments
Public Information Officer
SASWPOUrke\Collection Systetms'Ourke County Collection SysternOV-2011-0008.doc

f� OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BURKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
BURKE COUNTY GENERAL SERVICES/ ) STIPULATION OF FACTS
BURKE COUNTY COLLECTION SYSTEM )
PERMIT NO. WQCS00324 ) FILE NO. DV-2011-0008
Having been assessed civil penalties totaling $8,067.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 24, 2011, 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 , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2011-0008 County: BURKE
Assessed Party: BURKE COUNTY GENERAL SERVICES
Amount Assessed: $8.067.0
Permit No.: WQCS003240
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:

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HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
February 24, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kirk C. Boone
Reynolds Mountain Village
325 Aiken Rd
Asheville,NC 28804
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Reynolds Mountain Village
DWQ Tracking Number: NCR003003
NOV-2011-PC-0142
Construction Stormwater Permit NCGO10000
Stream Standard Violation- Other Waste (In-stream sediment)
Buncombe County
Response deadline: March 15,2011
Dear Mr. Boone:
On February 15, 2011, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality(DWQ) conducted a site inspection for Reynolds Mountain Village in Buncombe
County.
Construction Stormwater Permit NCGO10000 and stream standard violations were noted during
the inspection. Sediment impacts to an unnamed tributary to Beaverdam Creek(Class C waters)
were documented.
As a result of the site inspection and file review,the following violations were identified:
VIOLATIONS
I. Construction Stormwater Permit NCGO10000 -A Construction Stormwater Permit
(NCGO10000)is issued upon the approval of an Erosion and Sedimentation Control
Plan for sites greater than one acre.
a. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No. 2)Failure to follow Erosion Control Plan, as cited in Division of Land
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE one
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolirla
Phone:82 ww.ncwa a FAX:[phone] Customer Service:1-877-623-6748 �atuPa��lJ
Internet www.ncwaterquality.org ` t
An C,, n..-- ,..:�..�Afi:......q....A..C....r......1,......

Kirk C.Boone
February 24,2011
Page 2 of 3
Resources Sedimentation Inspection Report dated February 14, 2011,represents a
violation of NCGO 10000 Permit.
b. 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
Sedimentation Inspection Report dated February 14, 2011,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.
Note: Refer to the DWQ web site http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-3 for
NCGO10000 permit information.
II. Stream Standard Violation- Other Waste(In-stream sediment) 15A NCAC 02B .0211
(3)f-Approximately 550 feet of an unnamed tributary to Beaverdam Creek (Class C
waters)was impacted by deposition of sediment and gravel measured to be at least 3 inches
in depth throughout the stream reach, representing Water Quality Stream Standard violation
of 15A NCAC 02B .0211 (3) (f).
REQUIRED RESPONSE
The DWQ requests that you respond by March 15,2011. Your response should be sent to the
attention of Chuck Cranford, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC
28778 and should address the following items:
1. Construction Stormwater Permit NCG010000
a. Please explain when you anticipate being in full compliance with your Erosion and
Sediment Control Plan and the NCGO10000 Permit.
b. You should include in your response an explanation of why proper operation
and maintenance of stormwater and erosion control measures was not
performed to optimum efficiency and how you propose to prevent these
problems from reoccurring on this project and on future projects.
c. Minimum Monitoring and Record Keeping—Please provide copies of all
monitoring and record keeping from January 1,2011 to the time of your
response to this letter.
d. Please explain why DWQ was not notified within twenty four hours of becoming
aware of the sediment loss as noted above in item II.
2. Stream Standard- Other Waste (In-Stream Sediment)
a. Please provide a map of the project area. The map must include all streams and
wetlands, detailing impacts both on-and off-site.

.c
/4,2011
,of 3
b. Please submit a Sediment Removal Plan(Plan)to this office for review and
approval. The Plan must address removal of accumulated sediment and gravel from
all surface waters. You must secure an environmental consultant experienced in
stream restoration to assist you with developing your Plan,and obtaining any
necessary approvals. It is recommended that your consultant contact Chuck
Cranford of the Asheville Regional Office for additional guidance during Plan
development. The Plan should include:
• A narrative explaining how sediment will be removed; including, techniques,
manpower and tools to be used.
• 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 before and after removal.
• A narrative explaining how and where the removed sediment will be disposed
and stabilized.
• Please explain how turbidity standards will not be exceeded.
c. Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Chuck Cranford.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations,as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters,please contact Chuck Cranford at(828) 296-
4664.
Sincerely,
6,r
Roger C. Edwards Regional Supervisor
g � g P
Surface Water Protection
Asheville Regional Office
cc: WBSCP Unit ARO File Copy
Division of Land Resources Buncombe County Planning
SASWP\Buncombe\Stormwater\NCG01 Construction\Reynolds Mountain\NOV-2011_PC-0142.doc

NDERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 24, 2011
Ms. Patty Elliott
I T & K Enterprises
3365 Sugar Hill Road
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0084
Permit No. N00086428
Marion Travel Plaza WWTP
Dear Ms. Elliott: McDowell County
A review of Marion Travel Plaza WWTP's monitoring report for August 2010 showed the following
violation:
Parameter Date Limit Value Reported Value Limit Type
Coliform, Fecal MF, M-FC 08/24/2010 400#/100ml 600#/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,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
S:ISWPIMcDowelltWastewaterlMiriors\Marion Travel Plaza 86428\NOV-201 1-LV-0084.doc NorthCarolina
JVa&ra!!y
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

AWIFJ
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 24, 2011
Johnny Brown, Mayor
Town of Andrews
PO Box 1210
Andrews NC 28901
Subject: NOTICE OF VIOLATION/
NOTICE OF INTENT
NOV-2011-PC-0145
Compliance Evaluation Inspection
Andrews WWTP
Permit No. NCO020800
Cherokee County
Dear Mayor Brown:
Enclosed please find a copy of the Inspection Report from the inspection conducted February 16,
2011. The Compliance Evaluation Inspection was conducted by Keith Haynes of this Office. The
treatment facility was found to be in violation of Permit NCO020800 for the following:
Inspection Area Compliance Issue
Effluent Pipe It is recommended the the area around the outfall be kept
cleared of excessive vegetative growth and if a clear path is
not available to the outfall, one should be made.
Operations & Chlorine contact basin needs to be pumped and/or at
Maintenance "skimmed" to remove floating solids.
Trickling Filter One of the "Attached Growth" filters was in operation and
appeared to be operating properly. The other filter's
distribution arm has bearing problems and is not working
properly. The ORC mentioned this problem to Town officials
some time ago, but the filter still has not been repaired. This
work needs to be done immediately.
Disinfection-Gas Cylinders are stored in the open. The chlorine contact basin is
in need of cleaning: According to Mr. Day, the basin is due to
be pumped to remove solids from the bottom and this will also
be a good time to remove floating solids.
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 NOrthCarollna
Internet:www.ncwaterauaiity.org ;Vgtur+alk

Please refer to the enclosed Inspection Report for any additional observation and commer,.
Due to the above noted violations, this Office is considering initiating an enforcement action, which
would include the assessment of civil penalties, against the Town of Andrews. If you have
information for consideration to prevent this recommendation, please review these violations and
deficiencies and respond in writing to this office within fifteen (15)working day 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, Mr.
Haynes at 828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Attachment '
cc: Michael Ladd, w/ attachment
Bill Green, w/ attachment
WQ Central Files w/ attachment
Enforcement w/ attachment

United States Environmental Protection Agency
EPA Washington,D.C.20460 Form Approved.
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 SI 3I NCO020800 111 12I 11/02/16 117 18I CI 191. 1 201 1
LJ Remarks t- LJ
211IIIIIIIIIIIIIIIIIItlllllllllllllilllllllllllll6
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------_Reserved---------------------
67I 169 701 I 71 I I 721 NJ 73�74 75[ 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)
Andrews WWTP
01:00 PM 11/02/16 07/10/01
Reagan Ave Exit Time/Date Permit Expiration Date
Andrews NC 28901 02:30 PM 11/02/16 12/08/31
Name(s)of Onsite Representative(s)Mties(s)/Phone and Fax Number(s) Other Facility Data
Michael J. Ladd/ORC/828-479-6428/
Ricky D. Day//828-321-3006 /
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
Bill Green,54 Park St Andrews NC 28901//828-321-3113/
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit 0 Flow Measurement Operations&Maintenance ■Facility Site Review
Effluent/Receiving Waters
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
Don Price ARO WQ//828-296-4500/
Keith Haynes ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards-R&j ARO WQ//828-296-4500/ ,_ 1 Ltf C
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1

NPDES yr/mo/day Inspection Type 1`
3I 11 12
N00020800 II 11/02/16 I17 18Li
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Please note that there are various repairs needed at the WWTP. While the effluent appeared to be of
acceptable quality, continued negligence of the plant could lead to noncompliance. It is recommended that
the sampler tubing on the effluent sampler be changed. The noted repairs/improvements should be made
as soon as possible.
Page# 2

Permit: NCO020800 Owner-Facility: Andrews WWTP
Inspection Date: 02/16/2011 - Inspection Type: Compliance Evaluation
Operations,$Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? Q ■ 0 0
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO,Sludge 0 [1 ■ Q
Judge,and other that are applicable?
Comment: Chlorine contact basin needs to be pumped or at the least"skimmed"to
remove floating solids.
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? ■ 0 Q I]
#Are there any special conditions for the permit? n [1 ■ 0
Is access to the plant site restricted to the general public? ■ U n
Is the inspector granted access to all areas for inspection? ■ Q ❑ Q
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ 0 ❑ Cl
Is flow meter calibrated annually? ■ 13 0 0
Is the flow meter operational? ■ ❑ Q I_l
(If units are separated)Does the chart recorder match the flow meter? Q ■
Comment: The flow meter is due for calibration in April 2011
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical
Are the bars adequately screening debris? ■ Q [1
Is the screen free of excessive debris? ■ ❑ I]
Is disposal of screening in compliance? ■ 13 ❑ [I
Is the unit in good condition? ■ 0 ❑ Cl
Comment:
Grit Removal Yes No NA NE
Type of grit removal
a.Manual n
b.Mechanical ■
Page# 3

Permit: NCO020800 Owner-Facility: Andrews wVVTP
Inspection Date: 02/16/2011 Inspection Type: Compliance Evaluation
Grit Removal Yes No NA NE
Is the grit free of excessive organic matter? 0 0 ❑ 0
Is the grit free of excessive odor? ■ 0 ❑ n
#Is disposal of grit in compliance? ® ❑ Q
Comment:
Trickling Filter Yes No NA NE
Is the filter free of ponding? ❑ 00 0
Is the filter free of leaks at the center column of fitter's distribution arms? 0 ® n Q
Is the distribution of flow even from the distribution arms? ❑ 0 0 0
Is the filter free of uneven or discolored growth? 11 0 0 Q
Is the filter free of sloughing of excessive growth? 0 0 0 n
Are the fitter's distribution arms orifices free of clogging? e 0
Is the filter free of excessive filter flies,worms or snails? 0 0 Q 0
Comment: One of the"Attached Growth"filters was in operation and appeared to be
operating properly. The other filter's distribution arm has bearing problems and is not
working properly. The ORC mentioned this problem to Town officials some time ago,
but the filter still has not been repaired. This work needs to be done immediately.
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? ■ 0 0
Are weirs level? ® 0 ❑ 0
Is the site free of weir blockage? ® n ❑ n
Is the site free of evidence of short-circuiting? ® 0 ❑ Q
Is scum removal adequate? ® fl 0 0
Is the site free of excessive floating sludge? ® n 0 0
Is the drive unit operational? M 0 n Q
Is the return rate acceptable(low turbulence)? n ❑ ❑ ■
Is the overflow clear of excessive solids/pin floc? ■ Q n ❑
Is the sludge blanket level acceptable?(Approximately'/<of the sidewall depth) 0 0 ❑ e
Comment:
Disinfection-Gas Yes No NA NE
Are cylinders secured adequately? ■ ❑ ❑ n
Page# 4

Permit: NC0020800 Owner-Facility: Andrews WWTP
Inspection Date: 02/16/2011 Inspection Type: Compliance Evaluation
Disinfection-Gas Yes No NA NE
Are cylinders protected from direct sunlight? ❑ ■ ❑ ❑
Is there adequate reserve supply of disinfectant? N ❑ ❑ ❑
Is the level of chlorine residual acceptable? n Q ❑ ■
Is the contact chamber free of growth,or sludge buildup? ❑ ■ ❑ ❑
Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑ ■
Does the Stationary Source have more than 2500 Ibs of Chlorine(CAS No. 7782-50-5)? ❑ ❑ ■ ❑
If yes,then is there a Risk Management Plan on site? ❑ ❑ ■ ❑
If yes,then what is the EPA twelve digit ID Number?(1000 }
If yes,then when was the RMP last updated?
Comment: Cylinders are stored in the open. The chlorine contact basin is in need of
cleaning. According to Mr. Day, the basin is due to be pumped to remove solids from
the bottom and this will also be a good time to remove floating solids.
De-chlorination Yes No NA NE
Type of system? Gas
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ ❑ ❑ ❑
Is storage appropriate for cylinders? ■ ❑ ❑ ❑
#Is de-chlorination substance stored away from chlorine containers? ❑ ■ ❑ ❑
Are the tablets the proper size and type? ❑ ❑ ■ ❑
Comment: De-chlor and chlorine are stored in the same area.
Are tablet de-chlorinators operational? ❑ ❑ ■
Number of tubes in use? 0
Comment:
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? ❑ ❑ ❑ ■
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑
Comment: It is recommended the the area around the outfall be kept cleared of
excessive vegetative growth and if a clear path is not available to the outfall, one should
be made.
Page# 5

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NCDE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins
Governor Director Dee Freeman
Secretary
February 28, 2011
Mr. Thomas P. Branch
930 Lullwater Road
Atlanta, GA 30307
Subject: 401 Water Quality Certification -Approval
Thomas Branch Property
DWQ Project# 10-1025
Jackson County
LTN02/ Lake Glenville (Thorpe Lake) /2-79-23-(1)/WS-III, B, HQW
Dear Mr. Branch:
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 approximately 0.05 acres of open waters
,,,pproximately 197 linear feet) 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 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] FAX:[phone] Customer Service:1-877-623-6748 7rTOne 1
Internet:www.ncwaterquality.org NorthCarofina.
An Equal Opportunity l Affirmative Action Employer
N tllmlll

Mr.Branch
February 28,2011
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Waters Approximately 0.05 Refer to application
(acres); appx. 197 linear dry stack(above full pool);
feet rip-rap below full pool (in
accordance with Duke
Energy guidelines)
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 [phone].
Sincerely,
Coleen H. Sullins, Director
CHS/saw
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit—Central Office
Jackson County Planning
File Copy
S:\SWP\Jackson\401s\Non-DOT\Branch Prop\APRVL.Branch Prop.2 201 Ldoc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Beverly Eaves Perdue Director Dee Freeman
Governor Secretary
February 28, 2011
Mr. Jason Conner
Grove Stone and Sand
P.O. Box 425
Swannanoa,NC 28778
SUBJECT: Sediment Removal Plan Approval
B V Hedrick Sand &Gravel Co.—Green River Quarry
NOV-2011-PC-0026
Henderson County
Dear Mr. Conner:
The Division of Water Quality has received correspondence from Altamont Environmental, Inc.
dated February 9, 2011 (along with clarification correspondence dated February 21, 2011)., in
response to the NOV noted above. The proposal includes the removal of sediment from an
unnamed tributary to UT#3 at King's Mountain Camp. Sediment from approximately 1060 linear
feet of stream will be removed manually through bucket and shovel method. A rubber tired back
hoe with a front end loader will be used to remove the temporary sandbag dam and the
accumulated sediment behind the dam (as described in the correspondence dated February 21,
2011). Supervision of the work will also be as described in the February 21, 2011 correspondence.
Where the area has been disturbed by the back hoe, replanting with native plantings shall be of the
density described by Guidelines for Riparian Buffer Restoration(October 2004).
The remedial actions presented in the response have been found satisfactory and are approved.
Activities involved in this approved plan, as well as submittal of the final report, are to be
completed within thirty(30) days of this approval letter.
Sincerel ,
Susan A. Wilson, Environmental Engineer
Surface Water Protection
cc: ARO File Copy
Ms. Anna P. Saylor, Altamont Environmental, Inc.
S:\SWP\Henderson\Stormwater\NCG02 Mining\Hedrick\SedimentRemoval Apprvl Hedrick 2 2011.doc
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.ncy AffiruativeActi a,jrt�y��//�
An Equal Opportunity 1 Affirmative Action Employer f� �"�'l`

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