NCG520039_Regional Office Historical File 20200527

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MAR 6 - 1992
Asheville Regional oft
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559 Cowee School Rd, Franklin,NC 28734 to 2586 Ruby Mine Rd, Franklin,NC 28734-... Page 2 of 3
Driving directions to 2586 Ruby Mine Rd, Franklin, NC 28734 31)
559 Cowee School Rd
Franklin, NC 28734
1. Head northwest on Cowee School Rd toward Cowee Creek Rd
2. Turn left onto Cowee Creek Rd
.. .... _.... ... ... .. _ _ .. _.. ._... .. . 3971
3. Slight left onto N Carolina 28 S/Bryson City Rd
3.7 mi
4. Turn right onto Airport Rd
2.3 mi
5. Turn left onto Olive Hill Rd
Destination will be on the right
0.3 mi
7.0 mi-about 15 mins
1146 Olive Hill Rd
Franklin, NC 28734
__- ead .._.._. e-11- .. ........ ...ve--- ----____-___--- - - --------___--
6. Head east on Olive HIII Rd-toward Willis Cove Rtl
_. 0.3 mi
7. Take the 2nd right onto Airport Rd
2.3 mi
8. Turn left onto N Carolina 28 N/Bryson City Rd
2.3 mi
9. Turn right onto Mason Branch Rd
Destination will be on the left
0.1 mi
5.0 mi-about 12 mins'
22 Mason Branch Rd
Franklin, NC 28734
---_107 - - . - - - - ------ --- ----
10. Hea—d-west— _on_—Mason--Branch- —Rd toward--N Carolina 2-6 N/Bryson— City Rtl
0A in,
11. Turn right onto N Carolina 28 N/Bryson City Rd
1,5 mi
12. Slight right onto Cowee Creek Rd
_.. _.._ .... _..._ .. .._._ ... 0.2 mi
13. Slight right to stay on Cowee Creek Rd
14. Continue onto Ruby Mine Rd
Destination will be on the left
2.6 mi
5.7 not-about 13 mins
2586 Ruby Mine Rd
Franklin, NC 28734
http://maps.google.com/maps?hl=en&sugexp-kjrmc&cp=29&gs id=2e&xhr--t&q--1145... 10/26/2011

559 Cowee School Rd, Franklin,NC 28734 to 2586 Ruby Mine Rd, Franklin,NC 28734-... Page 1 of 3
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cause conditions to differ from the map results,and you should plan your route accordingly.You must obey all signs or notices
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Ain f L (� f �_'V rE
NCDENR
North Carolina Department of Environment and Nat fat s rces)AN — 4 2010 I
Division of Water Quality r . q
Beverly Eaves Perdue Coleen H.Sullins w�5 ❑6i�ivaClry scD�c>Freema
Governor Director ASY18VI61E FtFcioN_a�oFrgSs,_
December 30,2009
CERTIFIED MAIL 7009-1680-0002-2464-5688 RETURN RECEIPT REQUESTED
KIM M CLARK
WESTERN SAND CORPORATION 1
559 COWEE SCHOOL ROAD
FRANKLIN,NC 28734
SUBJECT: FINAL NOTICE-Delinquent Annual Fee
NPDES Permit NCG520039
Macon County
Dear Permittee:This letter is being sent out to facilities that have not yet paid their Annual Compliance Monitoring Fee. This fee requirement is
documented in your current permit in Part II. B.14. Your annual fees for the period January 2009-December 2009 has not been paid.
The amount owed is$100.00;a copy of the invoice previously sent by the Division's Budget Office is attached.
Failure to pay the annual fee is grounds for revocation of your permit,as documented in part II.B.13 and 11.B.14. This matter must be
promptly resolved.
This letter serves as final notice that the Division will refer the fee noted above to the North Carolina Attorney General's Office for
collection through the courts unless payment in the amount of$ 100.00 is received by January 30,2010.
Make checks payable to NC DENR;include the permit numbers and invoice numbers on the check. Send the fee payment to:
Mrs. Fran McPherson
Annual Administering and Compliance Fee Coordinator(919-807-6321)
1617 Mail Service Center
Raleigh, NC 27699-1617
(919-807-6321)
If you have evidence that the fee has already been paid,please contact me at 919-807-6387 or bob.euermamcdenr.rov.
Sincerely �
Bob Guerra -
Western NPDES Unit
Enclosure: Invoice#2009PR001903
cc: Central Files
NPDES File
Roger Edwards,Asheville Regional Office,Surface Water Protection
1617 Mail Service Center.Raleigh,North Camlina 27699-1617
Loca8on:512 N,Salisbury SI.Raleigh,NOM Carolina 27604
Phone:[phone] FAX [phone] Costumer Service:1-877-6236748 NQC Carolina
Internet wr+w.n.erqu.11t,x, /y/L/ arol/
An Equal Opporluniry lAMvneAue Action Emplrye, KVKL K`Llu

NORTH
LINA DEPARTMENT OF
ENVIRONMENT OAND NATURAL RESOURCES - I I I II III III N
2 0 0 9 P R 0 0 1 9 0 3
INVOICE
Annual Permit Fee Overdue
This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your
permit. It is required of any person holding a permit for any time during the annual fee period,regardless of the facility's operating
status. Failure to pay the fee by the due dale will subject the permit to revocation. Operating without a valid permit is a violation
and is subject to a$10,000 per day tine. If the permit is revoked and you later decide a permit is needed,you must reapply,with the
understanding the pemrit request may be denied due to changes in environmental,regulatory,or modeling conditions.
Permit Number. NCG520039 - - Annual Fee Period: 2009.01.01to2009-12-31
Macon County
Western Sand Corporation 1 Invoice Date: 02/19/09
Due Date: 03/21/09
Kim M.Clark Annuat Fee: $100.00
Western Sand Corporation 1
559 Cowen School Rd
Franklin,NC 28734
Notes:
1. A$25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512.
2. Non-Payment of this fee by the payment due date will initiate the permit revocation process.
3. Remit payment to:
NCDENR-Division of Water Quality
1617 Mail Service Center
Raleigh,NC 27699-1617
4. Should you have any questionsregarding this invoice,pleasecontact the Annual Administering and Compliance Fee Coordinator at
919-807-6321.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(Return This Portion With Check)
ANNUAL PERMIT INVOICE I III I II I II
2 0 0 9 P.R 0 0 1 9 0 3
Overdue
Permit Number: NCG520039 Annual Fee Period: 2009-01-01 to 2009-12-31
Macon County
Western Sand Corpmetba 1 Invoice Date: 02/19/09
Due Date: 03/21/09
Annual Fee: $100.00
Kim M.Clark
Western Sand Corporation 1 Check Number:
559 Cowee School Rd
Franklin,NC 28734

NCG520039
Subject: NCG520039
From: Charles Weaver<[e-mail]>
Date: Thu, 29 Mar 2007 09:12:14 -0500
To: Larry Frost<[e-mail]>,Keith Haynes <[e-mail]>
Mr. Harold Clark returned his renewal form with the following cryptic notation on Question 2:
"None since 1906 when my dredg [sic] sank and sold for scrap"
I'm guessing he no longer needs his CoC. Can you confirm this?
I'll rescind it after I hear from you.
Thanks,
CHW
4/5/20071:45 PM

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross,Jr.,Secretary
Alan W. Klimek, P.E., Director
January.11,2007
Harold P.Clark
Western Sand Corporation
559 Cowee School Rd
Franklin, NC 28734
Subject: Renewal Notice/General Permit NCG520000
Certificate of Coverage NCG520039
Macon County
Dear Perri
You are receiving this notice because your company currently operates a dredging operation covered under the
subject General Permit for the discharge of sand-dredging runoff. NCG520000 will expire on July 31,2007. Federal (40 CFR
122.41)and North Carolina(15A NCAC.2H.0105(e))regulations require that permit renewal applications be filed at least 180
days prior to expiration of the current permit. To satisfy this requirement,the Division must receive a renewal request
postmarked no later than February 1,2007.
The Certificate of Coverage(CoC)specific to your operation was last issued on.August 1,2002. The Division needs
information from you to determine if coverage under NCG520000 is still necessary.
➢ If your property still has a wastewater system like the ones described in the enclosed Technical Bulletin,you must renew the
subject CoC. Complete the enclosed form and submit it to the address on the form.
➢ If you are not sure what type of system your property has,contact Keith Haynes in the NC DENR Asheville Regional Office at
[phone]. That person[or other staff members]can help you determine if you should renew your CoC.
➢ If this site has been shut down and no further dredging will occur,contact me at the address or phone number listed below to
request rescission of the CoC.
Please verity that the provided information is correct,or make corrections on the attached form. Complete the
additional questions,then sign and date the form. The completed form should be submitted to the address listed below the
signature block.
If you have any questions concerning this matter,please contact me at the telephone number or e-mail address listed
below.
Sincerely,
Charles H.Weaver,Jr. JAN 1 7 2007
NPDES Unit
cc: Central Files v.n f i •s,
IAshevllle Regional Office Keith Haynes r
NPDES file "-
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 tte Carolina
512 North Salisbury Street,Raleigh,North Carolina 27604
Phone: [phone],extension 511/FAX [phone]/[e-mail] V atmrally
An Equal Opportunity/Affirmative Action Employer-50%RecycleNlO%Post Consumer Paper `

FACILITY
COUNTY CLASS
MAILING ADDRESS
RESPONSIBLE FACILITY OPERATOR
OFFICIAL REPRESENTATIVE
TELEPHONE NO. -
WHERE LOCATED
CERT. NUMBER
CLASS
NPDES PERMIT NUMBER NC OTHER PERMIT NO.
STATE FEDERAL DATE ISSUED
DATE ISSUED
EXPIRATION DATE
STREAM: NAME
CLASS
7Q10
SUB-BASIN

State of North Carolinas A40P.
4f o
Department of Environment and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor Io1CDE1dR
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 11, 1999 '
qJD u iIi�l
maize
Mr.Harold Clark
559 Cowee School Road R OnntITY BECTIO�i
Franklin,North Carolina 28734 ',mtdnl OFFlr
Subject: Final NPDES Penn it
Permit No.NCO086461
Western Sand Corp.
Macon County
Dear Mr. Clark:
In accordance with the application for a discharge permit received on January 22, 1998, the Division is
forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirements of
North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina
and the U.S.Environmental Protection Agency dated December 6, 1983,and as subsequently amended.
There has been only one change from the draft permit. Turbidity monitoring will be required up- and
downstream at least 100 feet from the discharge,instead of at the effluent. The instream standard for
turbidity in North Carolina is 50 NTU for streams and rivers not designated as trout waters, and effects of
the discharge on turbidity levels are difficult to assess without performing instream monitoring.
Please note that this discharge is located in a portion of the Little Tennessee River basin that is heavily
impacted by sedimentation. Field investigations document that Lake Emory experiences elevated levels
of turbidity and suspended solids. This area is particularly sensitive because it is the habitat for federally-
and state-listed endangered species such as the spotfin chub fish and certain fresh water mussels.
Consequently, this permit stresses that measures be taken to ensure sedimentation problems are not
exacerbated by this operation. These include proper containment measures to prevent spills/debris from
entering surface waters, placement of settling basins outside of the flood plain, vegetative upland buffer
use, and developing a contingency plan to address spills.
Please also note that sensitive wetlands are located near the proposed dredging site, and care should be _
taken to avoid backing the operation into these areas.
If any parts, measurement frequencies, or sampling requirements contained in this permit we
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. 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,Post Office Drawer 27447,Raleigh,North Carolina 27611-7447. Unless such demand is made,
this decision shall be final and binding.
P.O.Box 29535,Raleigh, North Carolina 27626-0535 Telephone [phone]/FAX [phone]
\1 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

Please take note that this permit is not transferable. Part II, E. 4. addresses the requirements to be
followed in case of change in ownership or control of this discharge. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Land Resources or any
other Federal or Local governmental permit that may be required.
_If you have any questions or comments concerning this permit, please contact Bethany A. Bolt at (919)
733-5093,extension 551.
Sincerely,
ins I W Original signed By
David A. Goodrich
A.Preston Howard,Jr.,P.E.
Enclosure
cc: `Asheville Regional Office/Water Quality Section;
Central Files
NPDES Unit
Mr.Roosevelt Childress,EPA
Point Source Compliance Enforcement Unit
Chris McGrath/NC Wildlife Resources Commission(w/attachment)
Mark CantrellfUS Fish and Wildlife Service(w/attachment)
Tom Augspurger/US Fish and Wildlife Service
I

Permit No.NCO086461
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute.143-215.1,
other lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Harold Clark Western Sand Corporation
is hereby authorized to discharge wastewater from a facility located at
441 Business East Franklin
Franklin
Macon County
to receiving waters designated as the Little Tennessee River in the Little Tennessee River Basin
in accordance with effluent limitations,monitoring requirements, and other conditions set forth in
Parts I,II, III,and IV hereof.
This permit shall become effective April 1, 1999.
This permit and authorization to discharge shall expire at midnight on November 30,2002.
Signed this day March 11, 1999.
Original Signed By
David A. Goodrich
A. Preston Howard,Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

n Permit No.NC0086461
SUPPLEMENT TO PERMIT COVER SHEET
Harold Clark Western Sand Corporation
is hereby authorized to:
1. After receiving an Authorization to Construct, construct and operate a 0.060 MOD sand-
dredging washing plant wastewater treatment system consisting of a settling pond, located at
441 Business East Franklin,Franklin,Macon County,and
2. Discharge from said treatment works at the location specified on the attached map into the
Little Tennessee River,which is classified as C waters in the Little Tennessee River Basin.

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SCALE 1:24000 Facility
Latitude: 35011'13" Location
Longitude: 83022'28"
Quad 4: G5NE, "Corbin Knob"
Stream Class: C Western Sand Corp.
NC30864
Receiving-Stream: Little Tennessee River 61
Macon CoUnZ

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PART I
Section— B. Ched �i
L The permi,ttee shall comply with Final Effluent Limitations specified for discharges in accordance
with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
eodsting facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of compliance,
the permittee shall submit either a report of progress or,in the case of specific actions being
required by identified dates,a written notice of compliance or noncompliance. In the latter case,
OW notice shall include the cause of noncompliance,any remedial actions taken,and the
probability of meeting the next schedule requirements.
1

Part 11
C Page 1 of 14
PART 11
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit IssuingAuthority
The Director of the Division of Water Quality. .
2. MM or"the Division"
Means the Division of Water Quality, Department of Environment,Health and Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or 'the Act'
T.ie Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC
1251,et- seq.
5. Mass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during a calendar month on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
month. It is therefore,an arithmetic mean found by adding the weights of the pollutant found
each day of the month and then dividing this sum by the number of days the tests were
reported. The limitation is identified as"Monthly Average" in Part I of the permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled
and/or r e- isuned during the calendar week (Sunday-Saturday)on which daily discharges are
sampled and measured,divided by the number of daily discharges sampled and/or measured
during such week. It is, therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the week and then dividing this sum by the number of days the
tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit.
c. The "maximum daily discharge' is the total mass (weight) of a pollutant discharged during a
calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as "Daily
Maximum;'in Part I of the permit.
d. The "average.annual discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is,therefore, an arithmetic mean found by adding the weights of pollutants found each
j day of the year and then dividing this sum by the number of days the tests were reported. This
limitation is defined as"Annual Average' in Part I of the permit.
J
I

Part II
Page 2 of 14
6. Concentration Measurement ,
a. The"average monthly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar month on
which daily discharges are sampled and measured,divided by the number of daily discharges
sampled and/or measured during such month (arithmetic mean of the daily concentration
values). The daily concentration value is equal to the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day. The average monthly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected during a calendar month. This
limitation is identified as "Monthly Average" under "Other Limits' in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week(arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average weekly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in
Part I of the permit
C. The "maximum daily concentration" is the concentration of a pollutant discharge during a
calendar day. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily
Maximum"under "Other Limits"in Part 1 of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily discharges
sampled and/or measured during such year (arithmetic mean of the daily concentration
values). The daily concentration value is equal to the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day . The average yearly count for fecal coliform bacteria is the
geometric mean of the counts for samples collected during a calendar year. This limitation is
identified as "Annual Average" under "Other Limits" in Part I of the permit.
e. The "daily average concentration"(for dissolved oxygen) is the minimum allowable amount of
dissolved oxygen required to be available in the effluent prior to discharge averaged over a
calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is
considered to be the "daily average concentration" for the discharge. It is identified as "daily
average" in the text of Part 1.
f. The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through March,
April through June,July through September,and October through December.

Pan II
Page 3 of 14
7. Other Meas remgnts
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged
monthly. It is determined as the arithmetic mean of the total daily flows recorded during the
calendar month.
b. An"instantaneous flow measurement"is a measure of flow taken at the time of sampling,when
both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement"is a measure of discharge flow from the facility which occurs
continually without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for
infrequent maintenance activities on the flow device.
8. Tvces of Samples
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge
and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow
recorder and totalizer, and the present gallon interval between sample collection fixed at
no greater than 1/24 of the expected total daily flow at the treatment system,or
(3)a single,.continuous sample collected over a 24 hour period proportional to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time of
greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals
evenly spaced over the 24 hour period which are equal in number of hours to the detention time
of the system in number of days. However, in no case may the time interval between effluent
grab samples be greater than six (6)hours nor the number of samples less than four(4)during a
24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving waters.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual
values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the
individual values where N is equal to the number of individual values. The geometric mean is
equivalent to the antilog of the arithmetic mean of the logarithms of the individual values.
For purposes of calculating the geometric mean,values of zero (0) shall be considered to be one
(1).
c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration
times its respective flow divided by the summation of the respective flows.

Pan 11
Page 4 of 14
10.calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour period that reasonably represents
the calendar day may he used for sampling.
11.Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section
311 of the Clean Water Act.
12.Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
I. Duty to C mnly
The permittee must comply with all conditions of thispermit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance,or modification;or denial of a permit renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the Clean Water Act within the time provided in
the regulations that establish these standards or prohibitions or standards for sewage sludge
use or disposal,even if the permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a
civil penalty not to exceed $25,000 per day for each violation. Any person who negligently
violates any permit condition is subject to criminal penalties of $2500 to $25,0D0 Per day of
violation, or imprisonment for not more than 1 year, or both. Any person who knowingly
violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation,or imprisonment for not more than 3 years,or both. Also,any person who violates a
permit condition may be assessed an administrative penalty not to exceed $10,000 per violation
with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33
U.S.C. 1319 and 40 CFR 122AI (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions,or requirements of a permit. [Ref: North Carolina General Statutes§143-215.6A)
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of the Act.
f Administrative penalties for Class I violations are not to exceed $10,000 per violation, `
assessed not to
r Class
If violations are notthe maximum e to ex of ceed ed $1 Class 100001per day or each dayduring which the violation
continues,with the maximum amount of any Class 11 penalty not to exceed $125,000.

i
Pan 11 -
Page 5 of 14
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Ovil and Criminal Liability
Except as provided in permit conditions on "Bypassing"(Part 11, C4) and 'Tower Failures" (Part II,
C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of
the Fedieral Act,33 USC 1319. Furthermore, the permittee is responsible for consequential damages,
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
ent of Federal,State or local laws or regulations.
personal rights,nor any infringem
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances,and the remainder of this permit, shall not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Pemdt Issuing Authority may request to determine whether cause exists for
modifying,revoking and reissuing,or terminating this permit or to determine compliance with this
permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of
records required to be kept by this permit.
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit.

Pan 11
Page 6 of 14
10. E=rat on of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit such
information, forms,and fees as are required by the agency authorized to issue permits no later than
180 days prior to the expiration date. Any petmittee that has not requested renewal at least 180
days prior to expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement
procedures as provided in NCGS 143-215.6 and 33 USC 1251 et.seq.
11. $ignatory Requirements -
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed
and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or derision making functions for the corporation,or(b) the manager
of one or more manufacturing production or operating facilities employing more than, 250
persons or having gross annual sales or expenditures exceeding 25 million(in second quarter
1980 dollars),if authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized representative of
that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.);and
(3)The written authorization is submitted to the Permit Issuing Authority. .
c. Certification. Any person signing a document under paragraphs a. or b. of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were prepared under
! my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system,or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information,including the possibility of fines and imprisonment for knowing violations."

f Pan II
Page 7 of 14
12. Permit Actions
This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request
by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
13. Permit Modification Revocation and Reissuance.or Termination
The issuance of this permit does not prohibit the permit issuing authority 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 Title 40, Code of Federal Regulations, Parts 122 and
123; Title ISA of the North Carolina Administrative Code, Subchapter 2H .0100; and North
Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permit> issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive
authority to operate this facility arises under this permit. The authority to operate the facility
under previously issued permits bearing this number is no longer effective. I The conditions,
requirements, terms, and provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such
j operator must hold a certification of the grade equivalent to or greater than the classification
assigned to the wastewater treatment facilities by the Certification Commission. The permittee
must also employ a certified back-up operator of the appropriate type and any grade to comply
with the conditions of Title 15A,Chapter 8A .0202. The ORC of the facility must visit each Class I
fadlity at least weekly and each Class 11, III, and TV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the
facility is classified, the permittee shall submit a letter to the Certification Commission which
designates the operator in responsible charge within thirty days after the wastewater treatment
facilities are 50% complete.
i
2. P^Jner Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
j treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions of the
permit.

F Part II
C-11l l Page 8 of 14
3. Need to Halt or Reducc not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit.
4. Bypassing of Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system,which is not a designed or established or operating
mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provisions of Paragraphs c.and d.of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including an
evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part If,E. 6.of this permit. (24 hour notice).
d. Prohibition of Bypass
(I) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against
a permittee for bypass,unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive maintenance;
and
(C)The permittee submitted notices as required under Paragraph c.of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.

1. Pan II
Page 9 of 14
S. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond the
reasonable control of the permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities,lack of preventive maintenance,or careless or improper operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with such
technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed,contemporaneous operating logs,or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s)of the upset;
(2) The permittee facility was at the time being properly operated; and
(3)The permittee submitted notice of the upset as required in Part 11, E. 6. (b)(B) of this permit.
(4) The permittee complied with any remedial measures required under Part 11, B. 2. of this
permit.
II
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the Occurrence of an upset has
the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash,or other pollutants removed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such
as to prevent any pollutant from such materials from entering waters of the State or navigable
waters of the United States. The permittee shall comply with all existing federal regulations
governing the disposal of sewage sludge.Upon promulgation of 40 CFR Part 503,any permit issued
by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and
modified,or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The -
permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of
Sewage Sludge(when promulgated)within the time provided in the regulation,even if the permit
is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing
Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation,
Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the
discharge of untreated or inadequately treated wastes during electrical power failures either by
means of alternate power sources,standby generators or retention of inadequately treated effluent.

Part
Page110 of 14
SECTION D. MONITORING AND RECORDS
1. Reprece tative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and
reported on a monthly Discharge Monitoring Report(DMR) Form (DEM No. MR 1, 1.1, 2, 3) or
alternative forms approved by the Director, DEM, postmarked no later than the 30th day
following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case
of a new facility, on the last day of the month following the commencement of discharge.
Duplicate signed copies of these, and all other reports required herein, shall be submitted to the
following address:
Division of Water Quality
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices
shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the
accuracy of the measurements are consistent with the accepted capability of that type of device.
Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10%
from the true discharge rates throughout the range of expected discharge volumes. Once-through
condenser cooling water flow which is monitored by pump logs,or pump hour meters as specified in
Part I of this permit and based on the manufacturer's pump curves shall not be subject to this
requirement.
4. Test Procedurg
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g),33 USC 1314, of the Federal Water Pollution Control Act,as
Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal,approved under 40
CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified
in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and all
data generated must be reported down to the minimum detection or lower reporting level of the
procedure. If no approved methods are determined capable of achieving minimum detection and

Part 11
l ' Page I of 14
reporting levels below permit discharge requirements, then the most sensitive (method with the
lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tamoerin
The Clean Water -Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
Upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for
not more than two years per violation, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph, punishment is a fine of not
more than$20,000 per day of violation,or by imprisonment of not more than 4 years,or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
rezordings for continuous monitoring instrumentation,copies of all reports required by this permit,
for a period of at least 3 years from the date of the sample, measurement, report or application.
Tl-ds period may be extended by request of the Director at any time.
7. R=cordin�R°`ults
For each measurement or sample taken pursuant to the requirements of this permit, the pemtittee
shall record the following information:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
c. The dates) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used;and
I. The results of such analyses.
8. �2ection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and other
documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment),practices,or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act,any substances or parameters at any location.

Pan 11
Page 12 of 14
SECTION E. REPORTINr -Rant '—R MEt O
I. Chang in is bar
All discharges authorized herein shall be consistent with the terms and conditions of this permit.
The discharge of any pollutant identified in this permit more frequently than or at a level in excess
of that authorized shall constitute a violation of the permit.
2. Planned Chanees
as son as
ossible of any
The
terationstttee shallor dd tions to the permitted five notice to the acility.rNot cei s required only where planned physical
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b);or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit,nor to notification requirements under 40 CFR Part 122.42 (a)
(1).
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit;including notification
of additional use or disposal sites not reported during the permit application process or not
reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The pernittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may
require modification or revocation and reissuance of the permittee and incorporate such other
requirements as may be necessary under the Clean Water Act.
5. Mon'torine Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2
of this permit)or forms provided by the Director for reporting results of monitoring of sludge use
or disposal practices.-
1 b. If the permittee monitors any pollutant more frequently than required by the permit, using test
procedures specified in Part 11, D. 4. of this permit or in the case of sludge use or disposal,
sults of this
inhided in the calculation and reporting of the datified in this a submittedtted the in the DMR.monitoring shall be
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.

C", �'� Part 11
Page 13 of 14
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. . The written submission shall contain a
description of the noncompliance,and its cause; the period of noncompliance,including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue;and steps taken or planned to reduce,eliminate, and prevent reoccurrence
of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours under
this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
Ili (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to he reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under paragraph
b.above of this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E.5 and 6. of
this permit at the time monitoring reports are submitted. The reports shall contain the information
listed in Part II. E. 6. of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director,it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division 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 any of the following:
a. Any occurrence at the water pollution control facility which results in .the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester;the known passage of a slug of hazardous substance
through the facility,or any other unusual circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors,etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.

Pan 11
t i C-1, Page 14 of 14
Persons reporting such occurrences by telephone shall also file a written report in letter form within
3 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division of Water Quality. As required by the Act, effluent
data shall not be cortsidered confidential. Knowingly making any false statement on any such
report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or
in Section 309 of the Federal Act.
11. Penalties for Falsification of Reonrts _
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other .document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
nonxmpliance shall, upon conviction,be punished by a fine of not more than $10,000 per violation,
or bw imprisonment for not more than two years per violation,or by both.

�i f ) n
PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Water Quality and written approval
and Authorization to Construct has been issued.
B. Cvrrnmdw'ater Monitoring
The permittee shall,upon written notice from the Director of the Division of Water Quality,conduct
groundwater monitoring as may be required to determine the compliance of this NPDES permitted
facility with the current groundwater standards.
C. Changes Di= harges of Toxic Substances
The permittee,shall notify the Permit Issuing Authority as soon as it knows or has reason to believe:
a.7hat any activity has occurred or will occur which would result in the discharge, on a routine or
frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following "notification levels';
(1)One hundred micrograns per liter(100 ug/1);
(2)Two hundred micrograms per liter 1200 ug/1) for acrolein and acrylonitrile; five hundred
micrograms per liter(500 ug/1)for 2.4-dinitrophenol and for 2-methyl4.6-dinitrophenol;and
one milligram per liter 0 mg/1)for antimony;
(3) Five (3) times the maximum concentration value reported for that pollutant in the permit
application
b. That any activity has occurred or will occur which would result in any discharge,on a non-routine
or infrequent basis,of a toxic pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following"notification levels';
(1)Five hundred micrograms per liter(500 ug/0;
(2)One milligram per liter(1 mg/1)for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.
D. Requirement to Continually Evaluate Alt matt es to Wastewater Discharge
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most
environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in
substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,
regulations or laws, the permittee shall submit a report in such form and detail as required by the
Division evaluating these alternatives and a plan of action within sixty(60)days of notification by the
Division.

PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
A. The pernuttee must pay the annual administering and compliance monitoring fee
within 30 (thirty) days after being billed by the Division. Failure to pay the fee in
a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the permit.
i
i
i
s`
{t
I
i

)
estate of North Carol, 'a
Department of Environment,
Health and Natural Resources • �/
Division of Water Quality r
James B. Hunt, Jr., Governor 1 L
Jonathan B. Howes, Secretary p FEE N
A. Preston Howard, Jr., P.E., Director
FRI
June 19, 1997
1,
HAROLD CLARK ����� JUN 2 0 1991
CLARK HAROLD - SAND DREDGE `
559 COWEE SCHOOL ROAD WntEli ptlAl It )fCiION
FRANKLIN NC 28734 lsrtt)9i[;I,;tcJo!yHt;m-ftcE
Subject: Rescission of NPDES General Permit No. NCG520039
Clark, Harold- Sand Dredge
Macon County
Dear Mr. Clark:
Reference is made to your request for rescission of the subject NPDES Permit. Staff of the
Asheville Regional Office has confirmed that this discharge permit is no longer needed.
Therefore, in accordance with your request, NPDES General Permit No. NC0520039 is
rescinded, effective immediately.
If in the future you wish to discharge wastewater to the State's surface waters, you must first
apply for and receive a new NPDES Permit. Discharging without a valid NPDES Permit will
subject the discharger to a civil penalty of up to$10,000 per day.
If it would be helpful to discuss this matter further,I would suggest that you contact Forrest
Westall,Water Quality Regional Supervisor,Asheville Regional Office at(704) 251-6208.
Sincerely,
..�� A. Preston Howard, Jr., P.E.
cc: Mr.Jim Patrick,EPA
Macon County Health Department
Asheville Regional Office-w/attachments
Permits &Engineering Unit-Dave Goodrich-w/attachments
Operator Training and Certification
Facilities Assessment Unit-Robert Farmer-w/attachments
Central Files-w/attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycted/ 10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources so
Division of Water Quality _
James B. Hunt, Jr., Governor A
Jonathan B. Howes, Secretary p E H N R
A. Preston Howard, Jr., P.E., Director
Asheville Regional Office
WATER QUALITY SECTION
January 30, 1997
MEMORANDUM
TO: Robert L. Sledge, Supervisor.
Compliance/ Enforcement Group
FROM: William E. Anderson
Environmental. Special s
SUBJECT: Harold Clark Sand Dredge
NCG520039 -
Macon County -
Harold Clark is using a drag line to remove sand from
the Little Tennessee River at Franklin. Since the
amount of water returned to the river is "De Minimus" ,
the general wastewater permit is not needed. Please
rescind NCG520039 as requested.
If you have any questions, please let me know.
�dt4EiVE�
FES 0 3 1997
FAIII ITIES ASSESSMENT UNIT _
Interchange Building,59 Woodfin Place ��,�C FAX [phone]
Asheville,North Carolina 28801 An Equal Opportunity/Affirmative Action Employer
Voice 704-261-6208 50%recycles/10%post-consumer paper

State of North C :Molina
Department of Environment,
Health and Natural Resources , • :/
Division of Water Quality.
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C LJ A p
A. Preston Howard, Jr., P.E., Director C r , P V ri
January 15, 1997
HAROLD CLARK
CLARK HAROLD - SAND DREDGE
559 COWER SCHOOL ROAD -
FRANKLIN NC 28734
Subject: Acknowledgment of Permit Rescission Request
Clark,Harold- Sand Dredge
NPDES General Permit No.NCG520039
Macon County
Dear Mr. Clark:
This is to acknowledge receipt of your request that NPDES General Permit No.
NCG520039 be rescinded. Your request indicated that you are operating using another
method of sand dredging and should no longer require a discharge permit
By copy of this letter,I am requesting confmnation from our Asheville Regional
Office that this permit is no longer needed. After verification by the regional office that the
permit is no longer needed,NPDES General Permit No.NCG520039 will be rescinded.
If there is a need for any additional information or clarification,please do not hesitate
to contact Robert Farmer at(919)733-5083,ext. 531.
Sincerely,
Robert L. Sledge, Supervisor
Compliance/Enforcement Group
_ cc: Water Quality Regional Supervisor-w/attachments -
_ ----Permits &Engineering Unit-Dave Goodrich-w/attachments
Compliance/Rescission Files-Wattachments
Central Files-w/attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

�15;-15� l
J
7-7)
NPDES FACILITY FIND PERMIT DATA 01 /14/97 11 :06:28
UPDATE OPTION TRXID SNU KEY NCG520039
PERSONAL ➢A78 FACILITY APPLYING FOR PERMIT REGION
FACILITY NAME) CLARK, HAROLD - SAND DREDGE... COUNTY> MACON 01
ADDRESS; MAILING (REQUIRED) LOCATION (REQUIRED).
STREET : 55 COWEE SCHOOL ROAD STREET : 55 COWEE SCHOOL ROAD
CITY: FRANKLIN ST NO ZIP 28734 CITY : FRANKLIN ST NO ZIP 26734
TELEPHONE 704 524 5773 DATE FEE PAID: 10/17/91 AMOUNT : 400.00
STATE CONTACT> KEPLER PERSON IN CHARGE HAROLD CLARK
1 =PROPOSE➢',2=EXIST, 3=CLOSED 2 1=MAJOR,2=MINOR 2 1=MUN,2=NON-NUN 2
LRT: 3511300 LONG : 08323060 N=NEW,M=MODIFICRTION.R=REISSUE) N
DATE APP RCVD 10/17/91 WRSTELOAD REQS 11/i9/9i
DATE STAFF REP REOS 11/19/91 WASTELOAD RCVD 11/19/9i -
DATE STAFF REP RCVD 12/10/91 SCHTO ISSUE 06/29/92
DATE TO P NOTICE 05/15/92 DATE DRAFT PREPARED 12/10/91
DATE OT AG COM REDS / / DATE DENIED
DATE 'OT AG CON RCVD / / DATE RETURNED
DATE TO EPH / / DATE ISSUED 09/30/93 ASSIGN/CHANGE PERMIT
DATE FROM EPA / / EXPIRATION DATE 07/31/97
FEE CODE ( 0 ) 1=0IOMG➢),2=() IMGD),3=(>O . LMGD),4=(<0. 1MG➢),S=SF,5=(GP25,64,79).
7=(GP49,73)8=(GP76)9=(GP13, 34,30,52)0=(NOFEE) DIS/C 43 CONBILL ( )
COMMENTS: FORMERLY NC00S1337/RESCISSION REQUESTED JRN 97-CHW
MESSAGE: ... ENTER DATA FOR UPDATE ...

C
co HAROLD CLARK December 11,1996
-G520039
INVOICE FOR RENEWAL OF
NPDES PERMIT
Check here if you do NOT wish to renew this permit.
Please return this page along with a letter documenting your reasons
for not requesting renewal to:
Mr. Charles H. Weaver, Jr.
Division of Water Quality/WQ Section - - -
NPDES Group
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Check here if you.wish to renew this permit. ,
co
Please verify that the following iii2ormation is documented accurately: -
Mailing Address
HAROLD CLARK ❑ No revision required.
CLARK,HAROLD-SAND DREDGE _
55 COWEE SCHOOL ROAD - -FRANKLIN,NC 28734 ❑ Revision required. (Please specify below) r^2
Facility Location
HAROLD CLARK ❑ No revision required.
CLARK,HAROLD-SAND DREDGE
55 COWEE SCHOOL ROAD aired. (Pleases specify below)
FRANKLIN,NC 28734 Revision re❑ q p
Please return this page with your letter requesting renewal,and $400 fee (payable to NCDEHNR) to:
Mr. Charles H. Weaver, Jr.
Division of Water Quality/WQ Section
NPDES Group
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Signature of applicant or authorized representative ZL&Z- CZTf /!C
Date

i�,4E/4i='Q
/ /
�E � UE/2/ GL�...��i ��i>/-' �/i/LiC /�� i�4G�c-'/� J�C=ti•h��
/ /JT.✓/t YG/� [4�'o U.'.•+� //"G AV

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Date: February 17, 1998 !�
NPDES STAFF REPORT AND RECOMMENDATIONS
County:Macon
NPDES Permit No.NCG520053
Attn: Mack Wiggins
PART I - GENERAL INFORMATION
1. Facility and Address: Harold Clark Sand Dredge
Western Sand Corp.
559 Cowee school Rd.
Franklin, NC 28734
2. Date of Investigation:February 17, 1999
3 . Report Prepared By: W. E. Anderson
4. Persons Contacted and Telephone Number: Harold Clark
704-524-4358
5. Directions to Site: The sand dredge will be located just downstream from
where US Hwy 441 business crosses the Little Tennessee River
6. Discharge Point - Latitude: 3501111311
Longitude: 83022-281.
Attached a USGS Map Extract and indicate treatment plant site and
discharge point on map.
USGS Quad No.167-NE(G5NE) or USGS Quad Name Corbin Knob
7. Size (land available for expansion and upgrading) : N/A
S. Topography (relationship to flood plain included) : Flat, in flood
plain
9. Location of nearest dwelling: Greater than 500 feet
10. Receiving stream or affected surface waters: Little Tennessee
River
a. Classifications: .C.,
b. River Basin and Subbasin No. : Little Tennessee 040401
I C. Describe receiving stream features and pertinent downstream
uses: This discharge is upstream from the Town of Franklin's
astewater discharge.
i
1

DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: _0 $' Domestic
100 & Industrial
a. Volume of Wastewater: 0.030&0.030 MGD
b. Types and quantities of industrial wastewater: 60,000 gpd
of water returned to the stream from asand pumping operation
C. Prevalent toxic constituents in wastewater: None
d. Pretreatment Program (POTWe only) N/A
i. in development approved
it
should be required not needed
2. Production rates (industrial discharges only) in pounds N/A
a. highest month in the last 12 months
j b. highest year in last 5 years
3 . Description of industrial process (for industries only) and
applicable OUR Part and Subpart: N/A
4. Type of treatment (specify whether proposed or existing) :
Settling pond
S. Sludge handling and disposal scheme: N/A
L
6. Treatment plant classification: N/A
i_
7. SIC Code(s) 1442_
Wastewater Code(a) 43
1
i
1
J
I
i I

.L III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grants Funds
(municipals only) ? N/A
2. Special monitoring requests: None
3 . Additional effluent limits requests: None
4 . Other:
PART IV - EVALUATION AND RECOMMENDATIONS
The General Permit will not be adequate to protect the surface waters for the
following reasons:
The Little Tennessee is habitat for endangered species.
The facility is next to wetlands that are going to be difficult to protect.
The dredge will be next to the main street of Franklin - public notice will be
important.
It is recommended that an individual permit be required for this discharge. Failing
that, detailed plans and specifications, including buffers, should be required and
a discharge to Crawford Creek specifically prohibited.
y
Signature of Report Preparer
r
later QualitT Regional Supervisor

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P� C)
State of North Carolina
Department of Environment
and Natural Resources &TW44
Division of Water Quality r
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary p E N R►
A. Preston Howard, Jr., P.E., Director
a 'L t—tL d r
February 5, 1998 I
1
Y
WestemSand Co 'I'�� ,i/ ' ' InN
Mr. Harold Clark In i u�a LI
559 Cowee School Road
Franklin,North Carolina 28734
Subject: NPDES General Permit Application
Application Number NCG520053
Western Sand Corp.
Franklin County
Dear Mr. Clark:
This is to acknowledge receipt of the following documents on 01/22/98:
X Completed Notice of Intent(Application Form),
Engineering Proposal (for proposed control facilities),
_ Request for permit renewal,
X Application processing fee of$400.00,
Engineering Economics Alternatives Analysis,
Engineering Plans and Specifications
Local Government Signoff,
Source Reduction and Recycling,
Interbasin Transfer, _
X Other: Macon county map showing dredging area.
The items checked below are needed before review can begin:
Completed Notice of Intent(Application Form),
Engineering proposal (see attachment),
Application Processing Fee of$,
_ Delegation of Authority (see attached),
_ Biocide Sheet(see attached),
Engineering Economics Alternatives Analysis,
Engineering Plans and Specifications
Local Government Signoff,
_ Source Reduction and Recycling,
Interbasin Transfer,
Other:
If the application is not made complete within thirty (30) days,it will be retumed to you and may
be resubmitted when complete.
P.O.Box 29535,Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
FA / An Equal Opportunity Affirmative Action Employer 50%recycled/10%poet-consumer paper
IN

_ � n
This application has been assigned to Mack Wiggins (919/733-5083) Ext. 542 of our Permits Unit
for review. You will be advised of any comments, recommendations, questions or other .
information necessary for the review of the application.
I am,by copy of this letter,requesting that our Regional Office Supervisor prepare a staff report
and recommendations regarding this discharge. I£you have any questions regarding this
application,please contact the review person listed above.
Sincerely, ,
- ( Zack Wiggins
Stormwater and General Permits Unit
cc: Asheville Regional Office
Permit Application File

,15/1998 13:34 704251�2 NCDENR PACE 01
State of North Carolina Post-it'Fax Note 7671 oete Jr p"ges��_
Department of Environment, M# n
Fro
17
Health and Natural Resources Division of Environmental Management Phen6"
James B. Hunt,Jr.,Governor Fa""
Jonathon B, Howes,Secretary
A. Preston Howard,Jr., RE., Director
NOTICE OF I MNT
National Pollutant Dischazge Elimination �.rstem
Application for Coverage under General Permit NCG520000; sand dredging operations and
simflar point source discharges. -
1. Name,Address,location,and telephone number of facility requesting Permit.
A. Official Name: ,LA Id �"I v2k
13. Mailing Address: ,�' ^• �" c
(1)Street Address;
(2)City; 1=12a,�iZ I '�1 .Uc
(3)State; '_. A.,1 - -
(4)Zip;
(5)County; M9co
C. Location (Attach map delineating ggeneral fadlfty location)
(1)Street Address; U41 Irj+ e �JtS EWSr f`12N-oKi -u _
(2)City;
(3)State; �✓L
(4)County; Al/g Chi N
D. Telephone Number; c4 —'U�L-4 /
2. Facility Contact:
A. Name; /� 2vlJ �aPk
13. Title;
C. Company Name; tF5T2R I �'r-w��
D. Phone Number; (29—) tmo - +-/3.y C•.
3. Application type (check appropriate selection):
A. New or Proposed; _
13. Existing; ✓ If previously permitted,provide permit number
and issue date S—'aa-96
C. Modification;
(De' rRc the nature of the modification): Ll*cl 12 a llr'C Rio nag _//.i�;,f�_.'_� /11 CC I,4-v
4. Description of discharge
A. ]'lease state the number of separate discharge points.
1,11; z,fxr; 3,f 1; 4J 1; —d 1.
13. Plvane describe the amount of wastewater being discharg<d pc•r each separate discharge paint
t�•30 -�7 S:+Ituns per day(gp:l) 2:�•e_ (UA) 3:_ (gpd) 4: (gpd)
Page I
P.O. Dux 29535.Ralei�,/h. North Carolina 27626-0535 ielephona 919-733-701S FAX [phone]
An[q.dpnnorlrmiv AYlrmotive Action I:yy Dnst-mnsurnar VaPrrr

16/1998 13:35 704251,P252 NCDENR /\ PAGE 01
ll \ i
i a of the discharge,
each separate discharge point:
C.Check the duration and freV rtcy ge,Per
1:Continuous:
2 intemtittau(plmsedescnlbe)' March Ir}:April I`l;
3. Seasonal(check months)the discharge occurs):January( Pebru I�; P
May[];June(];July[];,August[1;September[];October'[);November I1;December[1•
4.How many days per week is there a dischatge4(cheek the daysthe discharge occurs)
Monday[ij,Tuesday.[1, Wednesday 11, Thursday I J F iday D1, Saturday 11, Sunday 11•
5.How much of the volume discharged is treated?(state in percent)
D. Describe the type of wastewater being discharged,per separate discharge point; R:U Et2 mart:•-
}?.Please describe the type of tits earl Bredpp'nn�f;;wastewater is being discharged from,be
specific; wAT99. a1%cp td Fleam a 'JiMs* ,I PIA&ry Th '7-hy SE7r .` i"J5
P.is there any type of treatment being Incorporated to the wastewater before discharge(Check the
type of treatment in use)
1. Settling Pond;
2. lagoon; �-
3. Other(Please,Describe);
4. None;
51f 1,2,or 3 above were checked,please give design specifics(i.e.design volume,retention time,
Surface area,etc.). Existing treatment facilities should be described in detail and design
criteria or operational data should be provided0ricluding calculations)to ensure that the
facility can comply with requirements of the General Permit. The treatment shall be
sufficient to meet with the limits set by the general permit. The trapping efficiency should
be greater than 75%. This may be achieved by Laving the surface area for the pond/lagoon
to be equal to 0,01 times the peak inflow rate in cis. The surface area should be as large as
possible to insure sedimentation 00em. To secure optimum efficiency the flow length of the
basin to the basin width should have a ratio of 2:1.
6.Do you have or are you proposing any form of erosion control for this facility?
NOTE: Construction of any wastewater treatment fadlideIa require submission of three(3)sets of plans
and specifications along with their application. Design of treatment facilities must comply
with requirement 1SA NCAC 2H .0138. if construction applies to the discharge, include the
three sets of plans and specifications with the applicator.
5. What is the nature of the business applying for this permit. R.vC 2 5.a-t)a
6. Name of receiving watent% ,c, au 1.78i S_'w-j? Classification:
(Attach a USGS topographical map with all discharge point(s)clearly marked, this should
include the area the dredging occurs as well as the exact location of the discharge)
7. is the discharge directly to the receiving water?(Y,N) L,�
If no, state specifically the discharge point. Mark clearly the pathway to the potential
receiving waters on the site map. (This includes tracing the pathway of the storm sewer to its
discharge point, if a storm sewer is the only viable means of discharge.)
8. Please address possible non-discharge alternatives for the following options:
A. Connection to a Regional Sewer Collection System;
Subsurface Disposal;
G `pray Irrigation;
Page 2

15/19931 13:35 704251r'12 NCDENR /-\ PAGE 02
.r ) l I
9. I certify that I am familiar with the information contained in the application and that to the best of
my knowledge and belief such information is true,complete,and accurate'.
Prin�dd Nacre of eetrnnsigning af2c Id 2-(AJ2 k
Date Applkntion$igned
Signah"ofApp>L � ^�
NORTH AROLINA_GENERA STATUTE 143.21 . B ji) PROVIDES THAT:
Any person who knowingly makes any false statement, representation, or certification in any
application,record,report,plan or other document filed of required to be maintained under Article 21 or
regulations of the Environmental Management Commission implementing that Article,or who falsifies,
tampers with or knowingly renders inaccurate any recording or monitoring device or method required to
be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to
exceed$10,OW,or by imprisonment not to exceed six months,or by both.(I8 U.S.C.Section 1001 provides
a punishment by a fine of not more than$lo 000 or imprisonment not more than$years,or both, for a
similar offense.) -
Notice of Intent must be accompanied by a check or money order for$4W.W made payable to the North
Carolina Department of Environment,Health, and Natural Resources. Mail three (3) copies of entire
package to:
Division of Environmental Management
NPDES Permits Croup
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Page 3
I4M 7

William & McLarney, Ph.D.
Consulting Biologist 1120 Meadows Road
Franklin,North Carolina 28734
Telephone: [phone]
July 25 , 1997 ,
MEMO : lrrr
y t„ � 3oissr
TO : Bob Johnson , U . S . Army Corps of Engineeers
Mark Cantrell , U . S . Fish Wildlife Service
Chris McGrath , Mickey Clemmons , NC Wildlife Resources'
Commission
Forest Westall , NC Division of Water Quality
George Sweet , Nantahala Power & Light Co.
Sam Greenwood , Macon County Manager
Ed Henson , Mayor of Franklin
Dick Urban , TVA Water Quality
Ann Seaton , Little Tennessee Watershed Association
Earle Williams , Ron Lambe , Western North Carolina _
Alliance
Peg Jones , Save Our Rivers
RE : Proposed dredging of Lake Emory (Little Tennessee River)
It has come to my attention that Harold Clark , a sand
and gravel dredge operator based here in Franklin , is in the
process of seeking permits to carry out dredging operations
in Lake Emory . It Ismy understanding that what he wants to
do is different from the type of dredging which has gone on
in the upper reaches of Lake Emory (near Town Bridge and
along Riverview Street in Franklin) for many years , and that
he wishes to operate a hydraulic dredge in the forebay of
the reservoir . This provides a welcome opportunity to bring
up some issues we are all going to have to face sooner or
later.
One of the main factors responsible for the unusually
healthy ecosystem in the Little Tennessee River downstream
of Lake Emory dam is undoubtedly the historical role of
Lake Emory as a sediment trap . At present , however , the lake
is virtually fully sedimented . This may be one of the
factors responsible for what appears to be more severe and
more frequent turbidity and increased sediment deposition
below the dam in the past few years . All this suggests that
any removal of material from the bed of Lake Emory would be
beneficial , not only to the lake but to the river
downstream. However , there are at least two potential
related problems which need to be considered .
1 . Dredging could result in releasing excessive
quantities of fines over the dam. (At present , it appears -
that the lake is still trapping much of the sand and coarse

sediments , but that fine silt is being carried over the dam ;
resuspension of fines presently in the lake bed could
j exacerbate this problem. )
I expressed this concern to Mr . Clark when we worked
together during the FERC-mandated drawdown of Lake Emory
some years ago , and he demonstrated to my satisfaction that ,
even when working immediately upstream of the dam , he could
cont<,,C,.ol the plume of resuspended material so that most of
We fines dropped back onto the lake bed . Assurance that
such control will be exercised should be built into any
permit for dredging in the forebay .
2 . Presumably material dredged from the upper portion
of. Lake Emory by commercial operators in recent years is of
recent origin. However , dredging in the forebay could
disturb sediments dating back many years to times when
control of industrial discharges , agrochemical use , etc . was
less stringent , resulting in reentry into the river system
of toxic materials which are presently safely buried . (To
get an idea of he potential problem, one need only look at
Georgia DNR data related to the Burlington Industries plant
in Rabun Gap during the 60 ' s and 70' s . ) Before
undertaking any action which might expose such materials ,
there is a need for chemical analysis of core samples of
lake bed sediments .
I recall that during the FERC drawdown , Mr . Clark
explained to me that the material he was dredging from next
to the dam was too fine to be useful to him. Might this be
the case over the majority of the forebay area? Is there
some way , through the permit process , that a dredger could
be required to remove commercially valueless fines as a
!! condition of gaining access to valuable sand?
It is clear to me that , if we hope to conserve the
biological , esthetic and recreational values of the Little
Tennessee below Lake Emory , we ,are going to have to remove
sediments from- thelakeat some time . There is an obvious
attractive aspect to having private industry do this , rather
than attempting to pay for the service . If the potential
!, hazards I have mentioned can be addressed , I would recommend
working with Mr . Clark .
One final point : Lake Emory has filled to the point of
esthetic disgust , biological impoverishment and recreational
uselessness , reaching the extreme that it no longer
functions as a sediment trap , in the relatively short time
of about 70 years . It would probably fill even faster
under present . conditions . We may buy some time for the
river this way , but it should also serve as an incentive to
redouble our efforts to improve land management practices in
the watershed .

(_ Staff Review and Evaluation (� Se�� C (
NPDES Wastewater Permit (NC0086461) Fact Sheet �--
� ,. 71y ftir'mat�an��i
,�ae�Itfy2Na�g,; .Western SandCotporation -
`y Il'D rI,';";• NCO086461
iPerpi' ,ed i N/A ,ipoantyr Macon
?7?gg}trtyy(.,P, h - (Assumed) Aegldngi,y,& P - Asheville
;F6Bi '. P New 65NE,"Corbin
��} e Knob"
IRen _
ri s
Little Tennessee River(Impoundment above Lake Emory)
e ' asgi }gqr : C 1l�htar 9Q,0` C. t N/A
vSubbas� _ , 04-04-01 �3,0@2(cfs N/A
w,]J iniig NIA v ages 1 ` ,�c s N/A t • <;:.
N/A 'f (°lal)... NA
ry . /
Proposed parameters and monitoring: /�`yg1F/Jy'ai "'
Flow Monitor only(E) Monitor only(E)
Settleable Solids 0.5 mul& 10.0 MI/1(E) 0.5 mVl& 10.0 m E)
pH .0-9.0 S.U. E 6.0-9.0 S.U. (E)
Turbidity Monitor only(E); cannot cause Monitor only(E);cannot cause
receiving waters to exceed 50 receiving waters to exceed 50
NTU NTU
Monitoring shall be quarterly for all parameters, except for pH. The limit for pH applies;however,
consistent with the general permit,no monitoring will be required. Because of the sensitivity of the area
to sedimentation,grab samples for settleable solids and turbidity will be required,rather than estimates.
Permit specifies that the permittee must operate the facility and use sound management practices to
ensure impacts to surface waters are minimized. More specifically, permit also specifies that dredging
equipment be properly maintained and checked on a regular basis, containment measurements be taken to
prevent spills or discharge of debris, and that the permittee must develop a contingency plan to address
spills. Settling ponds must be placed outside of the flood plain, and vegetative upland buffers should
prevent dewatering spoil materials from entering surface waters.
Additional Comments
• See attached Waste Load Allocation(WLA).
• The general permit requires only semi-annual monitoring;however, given the issues surrounding this
area of the watershed, uarterly monitoring is recommended.
1
01/11/99

Staff Review and Evaluation
NPDES Wastewater Permit (NC0086461) Fact Sheet
Proposed Schedule:
Draft Permit to Public Notice: 1/27/99
Permit Scheduled to Issue: 3/15/99
State Contact
If you have any questions on any of the above information or on the attached permit, please
contact Bethany Bolt at(919)733-5038,extension 551. .
Copies of the following are attached to provide further information on the permit development:
• Chris McGrath's email response of 11/23/98
• Copy of WLA
Signet
NPDES Recommendation by:
Regional Office Comments
T • Perm;-r afp a,1 To be 3JC " to f o
Ql/� r•TaeT �fnt Yece:VAS $7,.ea M•
Signature:
Regional Recommendation by:
Reviewed By: -
Signature: Date:
Regional Supervisor:
Signature: Date
NPDES Unit:
2
O1/12/99

aLTi ' Westem Sand Corporation -
1 E- NC00 6461 - -
e tt N/A _ Macon
- ' . I(Assumed) ille
New GSNE,`Corbin
tream (� r
Lmle Tennessee River(Impoundment above Lake Emory) -
tr
04-04-01 �2,g(e„fg N/A
NA vera e ; - A
A 8 ,. /A
Proposed parameters and monitoring: .f. . .:. '.
Parame a ""'"•'"'F �,.,�Surdmer-""•"•`.' '¢a _ r. ,•.
_ Flow Monitor on y(E) ;..,,,, . Monitor only(
Settleable ohs 0.5 m & 10.0 mhl(E) 0.5 m & 1 m l(E) y._
Pff _. 6.0.9.0 S.U.(E) 6.0- . S.U.(E) '
Turbidity - Monitor only ); cannot cause Monitor only(E);cannot cause
.r: • - +.`' receiving waters to exceed 50 '- receiving waters to exceed 50
NTU NTU
Monitoring all be quarterly for all parameters,except for pH. The limit for pH applies;however, -
consistent with the general permit,no monitoring will be required. Because of the sensitivity of the area
to sedimentation,grab samples for settleable solids and turbidity will be required,rather than estimates.
Additional Comments
• Proposed operation will discharge to the Little Tennessee River,which has two(2)federally-listed
endangered mussels and one(1)federally-listed endangered fish(spotfin chub); this portion of the
Little Tennessee River(to GA border)is also designated as critical habitat for the spotfin chub.
Normally spotfm are not found above L.Emory because of sedimentation,but concern centers
around protection of downstream populations and the recovery of the upstream population
• 'This portion of theL.Tennessee is also considered support-threatened.-Non-point source pollution is -
- .considered the major source of degradation,and sedimentation is the dominant water quality
'Problem.' Sampling at LakeEmory in both 1988 and 1994 indicated that the lake was filling-in with
sediment. For the past 60 years or so,the lake has served as an instream settling basin,and -`
considerafion has been given to dredge rt >•,-� v , et` v ", 1
•-' The owner(Harold Clark)originally applied fora general permit;but since Phis area has issues with
- endangered species,wetlands,and is close to the town of Franklin,an individual NPDES permit was
recommended.-.Water from hydraulic and mechanical dredging in theL Tennessee River would be ,
-`routed through a`settling pond and discharged back-to the rivet "''' "` ' ''` '"" ""

li Me
e oa locall
• The general permit for sand-dredging operations specifies that the discharge shall not cause the
turbidity of the receiving water to exceed 50 NTU for non-Trout surface waters other than-lakes or
reservoirs. This operation will be taking place in close proximity to Lake Emory,and sedimentation
- is a pronounced problem;but 50 NTU still applies;consistent with the NC standard.
• Chris McGrath,Mountain Project Leader for the Nongame and Endangered Wildlife Program of the -
NC Wildlife Resources Commission(upon referral by Owen Anderson of the Wildlife Resources
Commission),and Mark Cantrelle of U.S.Fish and Wildlife Service were consulted on this project.
Chris discussed the application with Mark Davis,the Habitat Conservation biologist,who met with
on
Harold Clark about the proposed operation and understood that a mining permit from the Land '
'r Quality Section is also required(see attached email). The main concern is that the operation does not
contribute any additional sediment and/or turbidity to the river. Chris did not expect any direct '
impact on aquatic species other than sediment which could be stirred up,so he recommended -
measures be taken to control this impact.
• Mark Cantrelle recommended that we assure dredging equipment is well maintained and checked,
containment measures are taken,and a contingency plan is developed to address spills. Vegetative
upland buffers should be used to deter dewatering spoil materials from entering the waters,and - -
settling ponds should be placed outside of the flood plain.
• Riparian lands upstream of Lake Emory are slated for purchase as a Greenway by the Little
' Tennessee Watershed Association(LT WA),which will be coordinated with Nantahala Power&
_ Light(NP&L). It is unclear whether or not any of that land is the same land on which Mr.Clark will
run his operation or when Greenway plans/purchase will be finalized;however,Mr.Clark's operation
should be temporary,probably lasting less than a year. -
t,.
• Bill Anderson inthe Asheville Region stressed that Mr.Clark should be advised to avoid backing his
:. dredging operation into the wetlands near the area. This can be addressed in the cover letter. '
Proposed Schedule:
Draft Permit to Public Notice: 1120199
Permit Scheduled to Issue: 3/15/99 -
Preparation and Review
NPDES Recommendation by. Bethany A.Bolt „
T s„•„ Date: 1/11/99 -
Revtewed By.xr �,
40 ;^7j."1' ,�x+K.'w•.
i ,; fr Signature Dasc
4
;•uir,. 2

i
/Subject: RE: W. Sand Corps
Date: Mon,23 Nov 1998 19:55:35 -0500 - -
-� From: Christopher McGrath<mcgrathc(@a�,nncdial.net>
To: "'Bethany Bolt... <[e-mail]>
a
I spoke with Mark Davis- (our Habitat Conservation biologist,) about this
project. He indicated that he has met with Mr. Clark about the proposed -
project and that it will (as we currently understand) require a mining
permit .frcm the Land Quality Section. We will have an opportunity for -
; ,input ,at '•that 'stage. .I -should point out that the Little Tennessee River
: . has more rare species than any other river in WNC, and are main concern is
that this project not contribute any additional sediment and/or turbidity
to the river. ,My understanding is that the proposed operation is in the
river, but in the section that is impounded by Lake Emory, so I don't
envision any.direct impact on aquatic species other than sediment which
`could be up. If measures are taken to control that, I don't think
it would be a problem. . If you have specific questions let me know. I
hope this helps.
From Bethany Bolt[SMTP:[e-mail]]
.Sent: Monday, November 23, 1998 8:07 AM
To: [e-mail] -
Subject: - `W. Sand Corp. -
Chris,
I wanted to touch base with you regarding this permit application (i'd
forgotten to change my voicemail until late Monday, unfortunately)--what
are the thoughts from your end? I'd gotten in touch with someone from --
_Nantahala Power :and Light, .since there was a possibility that this site was part of the --riparian greenway- being planned, but our regional
;"office (RO) is trying to confirm exactly where Harold Clark is talking
'about dredging. I've not heard back from the RO yet.
Thanks so much! --
Bethany
1 of 1 1124/98 7:45 AM

(—) Permit No. NCO086461
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO.DISCHARGE WASTEWATER UNDER THE
".'. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, —
other lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission,and the Federal Water Pollution Control Act, as
amended,
-. Harold Clark Western Sand Corporation
is hereby authorized to discharge wastewater from a facility located at
441 Business East Franklin
Franklin .
Macon County
'to receiving waters designated as the Little Tennessee River in the Little Tennessee River Basin
in accordance with effluent limitations,monitoring requirements,and other conditions set forth in "~
Parts I, II, BI, and IV hereof.
This permit shall become effective
This permit and authorization to discharge shall expire at midnight on November 30,2002.
Signed this day
k rv. DRAFT
-A. Preston Howard,Jr.,P.E., Director
Dtvtsioq of Water Quality a
, r..cr ar',. '` r �'•= By Authority of the Environmental Management Comauss'ion`t3�'"�0

Permit No.NC008'6461.
'I SUPPLEMENT TO PERMIT COVER SHEET
Harold Clark Western Sand Corporation
is hereby authorized to:
1. After receiving an Authorization to Construct, construct and operate a 0.060 MGD sand-
dredging washing plant wastewater treatment system consisting of a settling pond, located at.
`441 Business East Franklin,Franklin,Macon County,and
2. Discharge from said treatment works at the location specified on the attached map into the
Little Tennessee River,which is classified as C waters in the Little Tennessee River Basin.
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SCALE 1:24000 Facility
Latitude: 35e11'13" Location
Longitude: 83022'28"
Quad#: G5NE, "Corbin Knob" Western Sand Corp.
Stream Class: C 7 NC0086461
Receiving Stream: Little Tennessee River North
Macon Coup

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,state of North Carolina
Department of Environment, Iri
Health and Natural Resourcesr4k),
Division of Water Quality
acmes R. Hunt,Jr. Govarnar� . . � .
Jonathan:6. Howes, Secretary 1
A. Preston Howard,Jr., P.E., Director •
Asheville Regional Office
WATER QUALITY SECTION
January 30, 1997
MEMORANDUM
TO: Robert L. Sledge, Supervisor
- Compliance/ Enforcement Group
FROM: William E. Anderson
Environmental Special Ks . -
SUBJECT: Harold Clark Sand Dredge
NCG520039
Macon County
Harold Clark is using a drag line to remove sand from
the Little Tennessee River at Franklin. Since the
amount of water returned to the river is "De Minimus" ,
the general wastewater permit is not needed. Please
rescind NCG520039 as requested.
If you have any questions, please let me know.
Interchange Building,59 WoodFln Place N� C FAX [phone]
Asheville,North Carolina 28801 An Equal Opportunity/Affinalive Action Employer
Voice 704-251-6208 50%recycles/10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources ROA
Division of Water Quality ,
James B. Hunt, Jr., Governor — — — �
Jonathan B. Howes, Secretary p E H N R A. Preston Howard, Jr., P.E., Director
January 15, 1997ru
HAROLD CLARK
CLARK HAROLD - SAND DREDGE JAN 2 I lv
559 COWER SCHOOL ROAD
FRANKLIN NC 28734 WpfE¢�uNll+ Irnoii 99
pSr11:4111 `I bll i 1. I(t,,,.,..J
Subject: Acknowledgment of Permit Rescission Request
Clark,Harold-Sand Dredge
NPDES General Permit No. NCG520039
Macon County
Dear Mr. Clark:
This is to acknowledge receipt of your request that NPDES General Permit No.
NCG520039 be rescinded. Your request indicated that you are operating using another
method of sand dredging and should no longer require a discharge permit.
By copy of this letter,I am requesting confirmation from our Asheville Regional
Office that this permit is no longer needed. After verification by the regional office that the
permit is no longer needed, NPDES General Permit No. NCG520039 will be rescinded.
If there is a need for any additional information or clarification,please do not hesitate
to contact Robert Farmer at(919)733-5083,ext. 531.
Sincerely, -
Robert L. Sledge, Supervisor
Compliance/Enforcement Group
cc: Water Quality Regional Supervisor-w/attachments
--- - —Permits &Engineering Unit-Dave Goodrich- Wattachments
Compliance/Rescission Files -Wattachments
Central Files-w/attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50%recycled/10 h post-consumer paper

71
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NPDES FACILITY HND PERMIT DATA 01/14/97 11 :06:28
UPDATE OPTION TRXID SNU KEY NCG520039
PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION
FACILITY NAME) CLARK, HAROLD - SRND DREDGE... COUNTY> MACON 01
ADDRESS; MAILING (REQUIRED) LOCATION (REQUIRE➢)
STREET: 55 COWEE SCHOOL ROAD STREET: 55 COWEE SCHOOL ROAD
CITY : FRANKLIN ST NC ZIP 28734 CITY : FRANKLIN ST NO ZIP 28734
TELEPHONE 704 524 5773 DATE FEE PAID : 10/17/91 AMOUNT : 400.00
STATE CONTACT) KEPLER PERSON IN CHARGE HAROLD CLARK
1 =PROPOSE➢',2=EXIST,3=CLOSE➢ 2 1=MHJOR,2=MINOR 2 1=MUN.2=NON-MUN 2
LRT: 3511300 LONG : 08323060 N=NEW,M=MODIFICATION,R=REISSUE> N
DATE RPP RCVD 19/17/91 WASTELOHD REQS 11/19/91
DATE STRFF REP REDS 11/19/9) WHSTELOA➢ RCVD 11/19/91
DATE STAFF REP RCVD 12/10/91 SCH' TO ISSUE 06/29/92
DATE TOP NOTICE 05/15/92 DATE DRAFT PREPARED 12/10/91
DATE OT AS CON REDS / / DATE DENIED
DATE OT AS CON RCVD / / DATE RETURNED
DATE TO EPA / / DATE ISSUED 09/30/93 HSSIGN/CHANGE PERMIT
DATE FROM EPA / / EXPIRATION DATE 07/31 /97
FEE CODE ( 0 ) 1 =(>IOMG➢),2=() INGD), 3=(>O. INGD),4=(.<O , 1MGD).5=SF,6=(GP25,64,79),
7=(GP49,73)8=(GP76)9=(GP13,34,30,52)0=(NOFEE) DIS/C 43 CONSILL ( )
COMMENTS: FORMERLY NC0081337/RESCISSION REQUESTED JAN 97-CHU
MESSAGE: ... ENTER DATA FOR UPDATE ...

Letter to HAROLD CLARK December 11,1996
NCGx20039
INVOICE FOR RENEWAL OF
NPDES PERMIT
Check here if you do NOT wish to renew this permit.
Please return this page along with a letter documenting your reasons
for not requesting renewal to:
Mr. Charles H. Weaver,Jr.
Division of Water Quality/WQ Section - - - - -
NPDES Group
Post Office Box 29535
Raleigh, North Carolina 27626-0535
❑ Check here if you wish to renew this permit.
Please verify that the following fiNnnation is documented accurately: .
Mailing Address ��
HAROLD CLARK ❑ No revision required. - -
CLARK,HAROLD-SAND DREDGE
55 COWEE SCHOOL ROAD - ❑ Revision required. (Please specify below.)
FRANKLIN,NC 28734
Facility Location
HAROLD CLARK No revision required.
CLARK,HAROLD-SAND DREDGE
55 COWEE SCHOOL ROAD required. (Pleases specify )
FRANKLIN,NC 28734 ❑ Revision re q P fY below
Please return this page with your letter requesting renewal,and $400 fee (payable to NCDEHNR)to:
Mr. Charles H. Weaver, Jr.
Division of Water Quality/WQ Section
NPDES Group
Post Office Box 29535
Raleigh, North Carolina 27626-0535
0 [/
Signature of applicant or authorized representative 041..a�i/
Date

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DNIEION OF ENVIRONMENTAL MANAGEMENT fy E C E I V E D
Permits and Engineering/ NPDES Unit Water Quality SEction
AUG 1 7 1992
August 14, 1992
Memorandum kaheville Regional on*
Imfiville, North 0arotim
TO: Asheville Regional Office
FROM: Randy Kepler a�,,
SUE)ECT: General Permits
I am intending to issue the following permits as general permits under the
non-contact cooling water general permit number NCG 500000 and sand
dredging general permit. If I hear no response to your disapproval by August
26, 1992 the permits will go through and be covered under the respective
general permit. If you have any questions or comments feel free to call.
Permits:
Coats American/ Cherokee Co. (NC0000116)
cooling water- General Permit coverage # NCG500006
Astro Industries/ Burke Co. (NC0051527)
cooling water General Permit coverage # NCG500009
Clark Sand Dredge/ Macon Co. (NC0081337)
sand dredging General Permit coverage # NCG520001
Thank You

State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. On
William W. Cobey,Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
September 25, 1992.
MEMORANDUM
TO: Randy Kepler
Permits and Engineerzn Section
THROUGH: Forrest R. Westa
Water Quality Reg It�Supervisor
FROM: William E. Anderson +l.
Environmental Techni
SUBJECT: Harold Clark Sand Dredge-NCO081337
Macon County
I met with Harold Clark yesterday and went over the
draft permit. He has no problem with the addition
of condition "F" . The draft permit looks OK to me,
go ahead and issue it at your discretion.
I"terchange 6uildin c 59 Wwdfin Place, ATevllle, N.C. 18801 •Telephone 70c151fi208
An Equal nV ,Iunity Alffmanve Minn Finpin ,,

DIVISION OF ENVIRONMENTAL MANAGEMENT
Permits and Engineering/ NPDES Unit
September 11, 1992
Memorandum
TO: Asheville Regional Office/Bill Anderson
Through: Coleen Sullins6J
FROM: Randy Kepler QLK
SUBJECT: Clark Sand Dredge
NCO081337
Macon County
Attached is the revised draft permit that includes special condition F which
was added after the notice and draft copies were sent out. Would you please
look over the permit including the added condition and determine if it is OK.
Also if you would contact the applicant and get his comments on this it
would be appreciated. If you could do this as soon as possible and return the
results to me so we can get this resolved and the permit issued.
Thank You
Water Quality Section
SEP 16 1�19L
&1neville Regional aft*
lnheville, North Caraft

Pear(,. NCO081337
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH,AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1,
other lawful standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission,and the Federal Water Pollution Control Act, as amended,
Harold Clark
is hereby authorized to discharge wastewater from a facility located at
Harold Clark Lake Emory Sand Dredge
55 Cowee School Road
Franklin
Macon County
to receiving waters designated as Little Tennessee River in the Little Tennessee.River Basin
in accordance with effluent limitations,monitoring requirements, and other conditions set forth in
Parts I, E, and III hereof.
This permit shall become effective
This permit and the authorization to discharge shall expire at midnight on January 31, 1997
Signed this day
A. Preston Howard, Jr., Acting Director
Division of Environmental Management
By Authority of the Environmental Management Commission

Permit No. NC0081337
SUPPLEMENT TO PERMIT COVER SHEET
Harold Clark
is hereby authorized to:
1. Enter into a contract for construction of a wastewater treatment facility,and
2. Make an outlet into Little Tennessee River, and
3. After receiving an Authorization to Construct from the Division of Environmental
Management,construct and operate a wastewater treatment facility located at Harold
Clark Lake Emory Sand Dredge, 55 Cowee School Road, Franklin, Macon County (See
Part III of this Permit), and
4. Discharge from said treatment works at the location specked on the attached map into
Little Tennessee River which is classified class C waters in the Little Tennessee River
Basin.

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Part III (-� Penn(--).NCO081337
` D. Sand Dredging Condition
Harold Clark Lake Emory Sand Dredge shall install warning signs, one on each side of the river,a
short distance upstream of the sand dredging operation to warn canoeists and other recreational
water users of the operation. The signs should include the following wording in 2 to 3 inch high
white letters on a red background:
Caution
SAND MINING OPERATION AHEAD
CRANES,FLOATS AND/OR SUBMERGED
CABLES ACROSS RIVER. BEACHING ON
OR ACCESS TO SAND DREDGING SITE
IS PROHIBITED.
Visibility of the signs should be maintained as necessary. In addition, Harold Clark Lake Emory
Sand Dredge may wish to post a 'No Trespassing" sign on their equipment so that it is visible
when they are not operating, such as on weekends and evenings after after 5:00 pm.
E. Disposal Alternatives
The Permittee shall continually evaluate all wastewater disposal alternatives and pursue the most
environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in
substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,
regulations, or laws, the permittee shall submit a report in such form and detail as required by the
Division evaluating these alternatives and a plan of action within sixty (60) days of notification by
the Division.
F. Stream bank vegetation shall not be disturbed except where absolutely necessary and shall be
replanted as soon as possible.
A vegetative buffer shall be maintained between the stream and the operation site. Rainfall and
process water shall be returned to the stream through the vegetative buffer.
The location of stock piles and any other site specific measures to eliminate erosion shall be taken
as appropriate.

cc
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T Everett, Ph.D.
William W. Cobey,Jr., Secretary July 6, 1992 Director
Mr. Harold Clark
55 Cowee School Road
Franklin, N.C. 28734
Dear Mr. Clark:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed sand dredging operation on Lake Emory
Project #92308, COE # 199201996
Macon County
Attached hereto is a copy of Certification No. 2749 issued
to Mr. HArold Clark dated July 6, 1991 .
If we can be of further assistance, do not hesitate to
contact us .
Sincerely,
qAreston Howard, Jr. P .E.
irector
Attachments
cc: Wilmington District Corps of Engineers 99t'.�. .
Corps of Engineers Asheville Regional Office £ E water Quali IVF.ion
Asheville DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
REGIONAL.OFFICeS Poeheville Regional off*
#sLevillF North Carolina
Asheville Fayeneville Mooresville Raleigh WashinFnon W'1m'r roon W'memn-Salem
704a516208 919/48G1541 704/663-16W 919/571 47W 919/94 81 919/395-3900 919/8967007
Pollution Prevention Pays
PO Pox 29535, Raleah, North Carolina 2762 605 3 5 Td,honc 919 733 7015
An Lqnn1 Onw a lily Alh....k c Mien emPlon•

—CH CAROLINA
Macon County ` / ` /
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section . 0500
to Mr. Harold Clark pursuant to an application filed on the
day of June, 1992 to continue to operate a sand dredging
operation in Lake Emory on the Little Tennessee River.
The Application provides adequate assurance that the
discharge of fill material into the waters of Lake Emory and
adjacent wetlands in conjunction with the proposed
sand dredging operation in Macon County will not result in a
violation of applicable Water Quality Standards and discharge
guidelines . Therefore, the State of North Carolina certifies that
this activity will not violate Sections 301, 302, 303, 306, 307
of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition (s) of Certification:
1 . That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU' s or less are not
considered significant) .
2 . Streambank vegetation shall not be disturbed except
where absolutely necessary and shall be replanted
as soon as possible.
3 . A vegetative buffer shall be maintained between the
stream and the operation site. Rainfall and
process water not discharged through the wetland
area shall be returned to the stream through the
vegetative buffer.
9 . The location of stock piles and any other site
specific measures to eliminate erosion shall be
taken as appropriate.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 6th day of July, 1992 .
DIVISION OF ENVIRONMENTAL MANAGEMENT
A. Prestrd, r. P .E.
Director
WQC# 2749

°2dPR °IN UPdIT
PRMENT OF lryf TANS A
; tIY s��AgDepartment of the Interior "�
1992 FISH AND WILDLIFE SERVICE
MgacH + +a°0 APR 21 Raleigh Field Office
+/ Post Office Box 33726
W A T (�O(�U1 (Raleigh,North Carolina 27636-3726
SECTION
April 16, 199y,r1 }'�t7fy
Dr. George T. Everett, Director
Division of Environmental Management
Department of Environment; APR 20IM
Health and Natural Resources
P.O. Box 29535 DIV. OF ENVIRONMENTAL MGMNY,
Raleigh, North Carolina 27626-0535 DIRECTORS OFFICE
Dear Dr. Everett:
The U. S. Fish and Wildlife Service (Service) has reviewed the
Draft NPDES Permit No. NCO081337 for Mr. .Harold Clark s . and ,
Dre ging facility to disc age wastewater into the Little
Tennessee River in Franklin, Macon County, North. Carolina. These
comments are submitted in accordance with provisions of Section 7
of the Endangered Species Act of 1973 , as amended (16 U. S.C.
1531-1543) (Act) .
Based on information provided and our own additional information,
we believe that the proposed project is not likely _to adversely
affect Federal l -listed endangered or threaTene� species.
Therefore, e requirements of Section 7 of the Act have been
satisfied, However, obligations -Tn er ection 7 of the Act must
be reconsidered if: (1) new information reveals impacts of this
identified action that may affect listed species or critical
habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner which was not considered in the
document; or (3) a new species is listed or critical habitat
determined that may be affected by the identified action.
Although the Service believes that discharge .from this facility
is not likely to adversely affect Federally-listed species, we do
have concerns that relate to the project site and to cumulative
impacts such projects on the Little Tennessee River.
A site visit by a Service biologist revealed stock-piled material
adjacent to the river and the removal of riparian vege ation.
. This combination of land disturbing activities without a
vegetative buffer strip may cause excessive erosion and
sedimentation. The Service suggests that sedimentation control
measures be taken to protect the Little Tennessee River. For
this particular project, measures such as: 1) siltation
barriers; 2) rip-rap placed on previously cleared areas; 3)
restoring and maintaining vegetative buffer-. strips;, ,and, 4)
placing stock-piled material beyond vegetative"buf€(r'.°strips or
siltation barriers, will help reduce adverse``impaC_esl, to the
river.
�+�rc'nllt l��;iorilCifx4;

r, n
Cumulative impacts, including sedimentation, on the overall
waterbody and can not be pinpointed to one particular project.
The Service believes that if proper erosion control techniques
are practiced on existing projects and those that may be issued
in the future, cumulative impacts to the river can be reduced and
the water quality maintained and improved. The Service has
contacted Mr. Levourn Wiggins, of the N.C. Division of Soil and
Water Conservation in Macon County, and he is willing to work
with applicants to set up proper erosion control devices. He can
be reached at (704) 524-3311.
We appreciate the opportunity to review and provide comments on
the draft NPDES permit, and we apologize for the delay in our
response. We encourage your consideration of these comments.
Sincerely, /
L.K. Mike -Gantt
Supervisor

I
(—) DEPARTMENT OF THE ARMY 1
WILMINGTON DISTRICT, CORPS OF ENGINEERS
4 P.O.
u WILMINGTON,NORTHH 0
CAR CAROUNA 20402.1890 RECFIVFD
IN REPLY REFER TO May 12, 1992 Water QOOl'"wtic"
Regulatory Branch MAY 14 1992
Action ID. 199201996
Asheville RNorth Ceto
Mr. Harold Clark .Asheville,
55 Cowee School Road
Franklin, North Carolina 28734
Dear Mr. Clark:
Reference your May 30, 1992 .meeting with Messrs. David Baker and Bob
Johnson of our Asheville Regulatory Office regarding your ongoing sand
dredging operations in and adjacent to the Little Tennessee River across from
the new Macon County landfill in Franklin, Macon County, North Carolina. The
project involves hydraulic dredging of sand from the river with processing at
an adjacent facility. The processing facility has resulted in the filling of
an approximate 1/4 acre wetland area adjacent to the Little Tennessee River.
This activity in navigable waters and adjacent wetlands without authorization
by a Department of the Army permit is a violation of Section 301 of the Clean
Water Act, and Section 10 of the River and Harbor Act of 1899.
You should cease and desist from any further work in the river and
adjacent wetland area and submit a detailed written explanation of your
activities to this office within 10 days of your receipt of this letter. As
you have requested the opportunity to secure after-the-fact authorization to
continue your dredging operations, the application form provided you should
accompany your explanation.
Failure to comply with this directive may result in referral to the United
States Attorney with a recommendation for civil prosecution.
If there are questions, contact Mr. David Baker, Regulatory Branch,
telephone (704) 259-0856.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch

C-)
-2-
Copies Furnished:
Mr. Thomas J. Ashcraft
United States Attorney Mr. John Parker
Western District of North Carolina Division of Coastal Management
North Carolina Department of
100 Otis Street, Room 306
U.S. Courthouse Environment, Health, and
Asheville, North Carolina 28801-2611 Post tOffice ural Resources
Mr. Larry Hardy Raleigh, North Carolina 27611.7687
National Marine Fisheries Service
Pivers Island Division of Land Resources
Beaufort, North Carolina 28516 North Carolina Department of
Environment, Health, and
U.S. Environmental Protection Natural Resources
Agency - Region IV 59 Woodfin Place
Wetlands Regulatory Unit Asheville, North Carolina 28801-2482
345 Courtland Street, N.E. Division of Environmental Management
Atlanta, Georgia 30365 North�Gflrolina Department of
Regional Director Ennmant, Health, and
59
National Marine Fisheries Natural Resources
Service, NOAA Woodfin Place
Duval Building Asheville, North Carolina 28801-2482
9450 Koger Boulevard
Saint Petersburg, Florida 33702
Asheville Field Office
U.S. Fish and Wildlife Service
U.S. Department of the Interior
330 Ridgefield Court
Asheville, North Carolina 28806

State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey,Jr., Secretary Regional Manager
To: Randy Kepler From: W. E. Anderson(/
I sent the following letter on 20 Feb 92 . I have no idea what
to do next unless we get a reply. The letter you sent me from USF&W does
not actually require us to do anything but contact them for concurrence
with "not likely to adversely effect" . We need it in writing. If they
don' t concur, we' ll have to do something to make them happy.
DIVISION OF ENVIRONMENTAL, MANAGEMENT
WATER QUALITY SECTION
February 20, 1992
Field Supervisor
U. S. Fish and Wildlife Service
330 Ridgefeild Court
Asheville, North Carolina 28806
Subject: Endangered Species Act, Section 7
Little Tennessee River
Macon County
Dear Sir:
The North Carolina Division of Environmental Management proposes to
issue NPDES Permit Number NCO081337 to Mr. Harold Clark of Macon County
N.C. , to allow the operation of a sand pumping operation with the
subsequent return of water to the Little Tennessee River at or very near
latitude 350 11 ' 30" , longitude 830 23 ' 06" . This location is just
across the river from the Town of Franklin' s wastewater treatment
facility and the new Macon County landfill.
These permits typically require that the receiving stream turbidity
in Class "C" waters not be increased to more than 50 NTU as a result of
the discharge. This permit will allow 50, 000 gallons of water per day to
be returned to the stream.
In order to comply with the subject legislation, the Division
requests your comments in writing as soon as possible. If you wish to
Interchange Building, 59 Woodfin Place,Asheville, N.C. 29901 •Telephone 20a 251608
An Equal Opportunity AHirmaHve Acton Employer

discuss the operation, or if you determine that this operation will have
significant impact on endangered species or critical habitat, please
contact me at 704/251-6208.
Sincerely,
William E. Anderson
Environmental Technician

�s
02' k
(�'United States Department of the InteriorFISH AND WILDLIFE SERVICE -_Raleigh Field Office i
Post Office Box 33726
Raleigh,North Carolina 27636-3726
January 23, 1992
Dr. George T. Everett, Director , I I (Fu It D
Division of Environmental Management dM.!
Department of Environment, rl v? w ; b
Health and Natural Resources a.wti_„p-"
P.O. Box 29535 JAM C>o -1992 +A 28 IM
Raleigh, North Carolina 27626-0535
r s•
I.".;�'} bIV.`OFE.M1'VIFGP3EflENihI.hSGP�kN '.
Dear Dr. Everett: viti:iA �a"' DfREC'fOAS OFFICE
The U.S. Fish and Wildl ' - 6_rvic (Service) has reviewed the
Draft NPDES Permit No NC0081337 or Mr. Harold Clark, to allow
wastewater from a san dred�3ng facility in Franklin, Macon
County, North Carolina, o be discharged into the Little
Tennessee River in the Little Tennessee River Basin. This report
is submitted in accordance with provisions of the Fish and
Wildlife Coordination Act, as amended (16 U.S.C. 661-667d) and
Section 7 of the Endangered Species Act of 1973 , as amended (16
U. S.C. 1531-1543) .
The area where the proposed discharge is to occur is of
significant importance to the Service. This area supports
Federally-listed endangered, threatened and candidate species.
Additionally, the Little Tennessee River, from the Georgia/North
Carolina state line downstream to the backwater of Fontana
Reservoir, is Federally designated Critical Habitat for the
Federally-listed threatened spotfin chub (Hybousis monacha) . The
only North Carolina occurrence of both the spotfin chub and the
Federally-listed endangered little-wing pearly mussel (Pecluis
fabula) is located in the Little Tennessee River between Fontana
Reservoir and Franklin. Also, a candidate species for Federal
listing within the next year, the Appalachian elktoe (Alasmidonta
raveneliana) , is presently only known to occur in the Little
Tennessee River between Fontana Reservoir and Franklin.
Due to the designated Critical Habitat for the spotfin chub' and
the potential presence of both the spotfin chub and the little-
wing pearly mussel within the project impact area, Section 7 of
the Act requires that the Environmental Protection Agency (EPA)
or their designated representative determine whether this
proposed action is likely to adversely affect these species.
Therefore, the Service recommends that the EPA or their
designated representative continue consultation under Section 7
of the Act with this office.

If it is determined during informal consultation that the
proposed project "is not likely to adversely affect" these
species and written concurrence with the determination is
received from the Service, the EPA-s requirements under Section 7
(a) (2) will be met for the endangered little-wing pearly mussel
and the threatened spotfin chub.
However, if it is determined that the proposed action is likely
to adversely affect either or both of these species, or result in
the destruction or adverse modification of designated Critical
Habitat, formal consultation as directed by Section 7 of the Act
must be initiated, in writing, with this office by the EPA. A
request for formal consultation must include the following:
1) a description of the action to be considered:
2) a description of the specific area that may be affected
by the action;
3) a description of any listed species or Critical Habitat
that may be affected by the action;
4) a description of the manner in which the action may
affect any listed species or Critical Habitat and an
analysis of any cumulative effects;
5) relevant reports, including any environmental impact
statement, environmental assessment, or biological
assessment prepared; and
6) any other relevant available information on the action,
the affected listed species, or Critical Habitat.
Based on the above-listed concerns for Federally-listed
endangered and threatened species, the Service recommends that
the applicant and the Division of Environmental Management
consider alternative methods of effluent discharge that will
avoid adverse impacts to the water quality of the Little
Tennessee River. We appreciate the opportunity to review and
provide comments on the draft NPDES permit, and encourage your
consideration of our comments.
Sincerelyl/ yo/urs,
L.K. Mike Gantt
Supervisor

(^` sec w>To � C-'
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
February 20, 1992
Field Supervisor
U. S. Fish and Wildlife Service
330 Ridgefeild Court
Asheville, North Carolina 28806
Subject: Endangered Species Act, Section 7
Little Tennessee River
Macon County
Dear Sir:
The North Carolina Division of Environmental Management proposes to
issue NPDES Permit Number NCO081337 to Mr. . Harold Clark of Macon County
N.C. , to allow the operation of a sand pumping operation with the
subsequent rdeturn of water to the Little Tennessee River at or very near
latitude 35 11' 30 longitude 830 23 ' 06" . This location is just
across the river from the Town of Franklin' s wastewater treatment
facility and the new Macon County landfill .
These permits typically require that the receiving stream turbidity
in Class "C" waters not be increased to more than 50 NTU as a result of
the discharge. This permit will allow 50,000 gallons of water per day to
be returned to the stream.
In order to comply with the subject legislation, the Division
requests your comments in writing as soon as possible. If you wish to
discuss the operation, or if you determine that this operation will have
significant impact on endangered species or critical habitat, please
contact me at 704/251-6208.
Sincerely,
&
, 2 ",'�
William E. Anderson
Environmental Technician
Inrerchange Buildi"g 59 Woodfin Place, Asheville, NC. 28801 •l'clepho"e 7N 2516208
Ail FLlill Opponunly Affi, ,,,ve Aaiori 6"plowr

Az
MEMO ?AL9�
DATE:
TO:
SUBJECT:
r,
CONFIRMATION COPY
7hir document was rent to you via: i
1 _ Electroinc Mail on
at
Fax on
Zy�Z at WJ13
From: L j
+ North Carolina Department of Environment,
Health, and Natural Resources w
�a Plln nPery[IeJMpei

VUnited States Department of the InteriorFISH AND WILDLIFE SERVICE
Raleigh Field Office © = i
Post Office Box 33726
Raleigh,North Carolina 27636-3726
January 23 , 1992
Dr. George T. Everett, Director
Division of Environmental Management
Department of Environment,
Health and Natural Resources
P.O. Boa 29535 jAN- �,0 1992 � .,.0 281992
Raleigh, North Carolina 27626-0535
Y t r
l."; "'bl� Of E.iyViRCsiB@M1t:�#T�AI.�iG�4W9'.
Dear Dr. Everett: ti:1:6,� DIRECTOVS DFi iCE
The U.S. Fish and Wildl ' e-s6rvic (Service) has reviewed the
Draft NPDES Permit No NC0081337 for Mr. Harold Clark, to allow
wastewater from a san dr""g facility in Franklin, Macon
County, North Carolina, to be discharged into the Little
Tennessee River in the Little Tennessee River Basin. This report
is submitted in accordance with provisions of the Fish and
Wildlife Coordination Act, as amended (16 U. S.C. 661-667d) and
Section 7 of the Endangered Species Act of 1973, as amended (16
U. S.C. 1531-1543) .
The area where the proposed discharge is to occur is of
significant importance to the Service. This area supports
Federally-listed endangered, threatened and candidate species.
Additionally, the Little Tennessee River, from the Georgia/North
Carolina state line downstream to the backwater of Fontana
Reservoir, is Federally designated Critical Habitat for the
Federally-listed threatened spotfin chub (Hvbonsis monacha) . The
only North Carolina occurrence of both the spotfin chub and the
Federal l -listed endan
gered n ered
g little-wing pearly mussel ( nt
fabula) is located in the Little Tennessee River betweenn Fontana
Reservoir and Franklin. Also, a candidate species for Federal
listing within the next year, the Appalachian elktoe (Alasmidonta
raveneliana) , is presently only known to occur in the Little
Tennessee River between Fontana Reservoir and Franklin.
Due to the designated Critical Habitat for the spotfin chub;' and
the potential presence of both .the spotfin chub and the little-
wing pearly mussel within the project impact area, Sectiorf 7 of
the Act requires that the Environmental Protection Agency ,(EPA)
or their designated representative determine whether this "'
proposed action is likely to adversely affect these species.
Therefore, the Service recommends that the EPA or their
designated representative continue consultation under Section 7
of the Act with this office.
9"

n
/I; it is determined during informal consultation that the
.proposed project "is not likely to adversely affect'$ these
species and written concurrence with the determination is
received from the Service, theEPA's requirements under Section 7
(a) . (2) will be met for the endangered little-wing pearly mussel
and the threatened spotfin chub.
However, if it is determined that the proposed action is likely
to adversely affect either or both of these species, or result in
the destruction or adverse modification of designated Critical
Habitat, formal 'consultation as directed by Section 7 ,ofthe Act
must be initiated, in writing, with this office by the:EPA. A
request for formal consultation must .include the following:
1). adescription of the action to be considered:
2) a description of the specific area that may be affected
by the action;
3) a description of any listed species or Critical Habitat
that may be affected by the action;
4) a description of the manner in which the action may
affect any listed species or Critical Habitat and an
analysis of .any cumulative effects;
5) relevant reports, including any environmental impact
statement, environmental assessment, or biological
assessment prepared; and . -
6) any other relevant available information on the action,
the affected listed species, or Critical Habitat.
Based on the above listed concerns for Federally-listed
endangered and threatened species, .the Service recommends that
the applicant and the :Division of Environmental Management
consider alternative,methods of effluent discharge that will
avoid adverseimpacts to the water quality of the Little
t- Tennessee River. We .appreciate the opportunity to review and
, ,provide comments on the draft NPDES permit,. and encourage your
consideration of our comments. `
s�i�nQce�relyl/ yours,
L:K. Mike. Gantt -
supervisor

State of North Carolina
Department of Environment �
and Natural Resources 1
Division of Water Quality
r��
Michael F. Easley, Governor D E N R
William G. Ross Jr., Secretary
KerrT. Stevens, Director
February 26, 2001
HAROLD CLARK
WESTERN SAND CORPORATION
559 COWEE SCHOOL ROAD .ji(ylA
FRANKLIN NC 28734
Subject: Rescission of NPDES Permit
Permit No. NCO086461 -
WESTERN SAND CORPORATION
Macon County
Dear HAROLD CLARK:
Reference is made to your request for rescission of the subject NPDES Permit.
Staff of the Asheville Regional Office have confirmed that this Permit is no longer
required. Therefore, in accordance with your request,NPDES Permit No. NCO086461 is
rescinded, effective immediately.
If in the future you wish to again discharge wastewater to the State's surface waters,
you must first apply for and receive a new NPDES Permit. Operating a facility without
a valid NPDES Permit will subject the responsible party to a civil penalty of up to
$10,000 per day.
If it would be helpful to discuss this matter further, I would suggest that you contact
the Water Quality staff, Asheville Regional Office at [phone].
V:��
�'
Kerr T. Stevens
cc: Macon County Health Department
Asheville-Water Quality Regional Supervisor-w/attachments
Point Source Branch-Dave Goadrich
Operator Training and Certification
Point Source Compliance-Robert Farmer-w/attachments
Mr.Roosevelt Childress,EPA
Central Files-w/attachments
Fran McPherson,DWQ Budget Office
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

5461
Subject: NCO086461
Date: Wed, 14 Feb 2001 11:08:54-0500
From: Kevin Barnett<[e-mail]>
Organization: NC DENR-Asheville Regional Office
To: Robert Farmer<[e-mail]>
Robert:
This permit, for Western Sand Corp, is no longer needed.
They no longer operate under this permit. They are now operating at a
new location under a general permit.
Please rescind upon receipt.
Thanks,
Kevin NC U01g Cc4tcI Me-e-"e-tD-
tuft V141011:00r

State of North Carolina
Department of Environment
and Natural Resources 1 • �•/
Division of Water Quality 7
A)
James B. Hunt, Jr., Governor D E N R
Bill Holman, Secretary
Kerr T. Stevens, Director
June 14, 2000
HAROLD CLARK
WESTERN SAND CORPORATION
559 COWEE SCHOOL ROAD
FRANKLIN NC 28734
Subject: Acknowledgement of Rescission Request
WESTERN SAND CORPORATION(2)
NPDES Permit No. NCO086461
MACON County
Dear HAROLD CLARK:
This is to acknowledge receipt of your request that NPDES Permit No. NCO086461
be rescinded. Your request indicated that this permit is no longer needed.
7
By copy of this letter,I am requesting confirmation from our Asheville Regional
Office that this permit is no longer needed. After verification by the Regional Office that
the permit is no longer needed,NPDES Permit No. NCO086461 will be rescinded.
If there is a need for any additional information or clarification,please do not hesitate
to contact Robert Farmer at(919) 733-5083,ext. 531.
Sincerely, `G
E. Shannon Langley, Supervisor
Point Source Compliance/Enforcement Unit
cc: Asheville Water Quality Regional Supervisor-w/attachments
Point Source Branch—Dave Goodrich -w/attachments
Point Source Branch-Robert Farmer- w/attachments
Central Files-Wattachments
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

00086461.Western Sand Corp.]
Subject: [Fwd: NC0086461- Western Sand Corp.]
Date: Mon, 22 May 2000 15:55:17 -0400
From:Tom Belnick<[e-mail]>
To: Fran McPherson <[e-mail]>,
Robert Farmer<[e-mail]>,Charles Weaver<[e-mail]>,
Bill E Anderson <[e-mail]>
CC: Tom Belnick [e-mail]>
fyi- The permittee wants to rescind current permit, and plans to reapply
for a new permit at another location on the river at a later date.
Mailto:[e-mail]
N.0 DENR-DWQ/NPDES Unit
1617 Mail Service Center, Raleigh NC 27699-1617
Work: (919) 733-5083 ext. 543
Fax: (919) 733-0719
Subject: Re: NC0086461- Western Sand Corp.
Date: Mon, 22 May 2000 08:02:34-0400
From: "Harold&Kim" <[e-mail]>
To: "Tom Belnick" <[e-mail]>
Dear Tom:
Please consider this e:mail our official request to rescind the permit
referenced above - permit RN00086461 - located at Town Bridge in Franklin,
NC. As I've stated in phone conversations with you, our lease expired on
the permitted property December 31, 1999. We have not been operational on
that property sinceJuly - August 1999 due to the new power. lines the power 1
company has run along the riverbank, - -
Thank you for all of your assistance in this matter. If you need any
additional information please do not hesitate to call or email.
Sincerely,
Kim Hoffman
Sec/Treas.
Western Sand Corporation
559 Cowee School Road
Franklin, NC 28734
(828) 524-4358 - phone
(82B) 524-6053 - fax
-----Original Message-----
From: Tom Belnick <[e-mail]>
To: [e-mail] <[e-mail]>
Cc: [e-mail] <[e-mail]>
Date: Thursday, May 18, 2000 11:35 AM
Subject: NCO086461- Western Sand Corp.
>Kim- I just talked with Bill Anderson of the Asheville Regional Office.
'Bill thought there was a motel directly across the river, and wetlands
>in the area, therefore he recommends that the current permit be
>rescinded, and that an application be made for a new permit after you
>have determined exactly where the new discharge would be located. in
>Order to rescind the current permit, please respond to this e-mail with
oft 5/23/0010:54 P

C0086461-WeUem Sand Corp.]
>a request for permit recission. Unless we receive such a request, the
>annual fees will still apply since the permit is being held. Please let
't >me know if you have further questions.
>Mailto:[e-mail]
>N.0 DEMR-DWQ/NPDES Unit
>1617 Mail Service Center, Raleigh NC 27699-1617
>Work: (919) 733-5083 ext. 543
>Fax: (919) 733-0719
>
oft 5123/0010:54 P

NPDES FACILITY AND PERMIT DATA O6/13/00 11: 02 :26
,DATE OPTION TRXID 5NU KEY NC0086461
ERSONAL DATA FACILITY APPLYING FOR PERMIT REGION
FACILITY NAME> WESTERN SAND CORPORATION (2•*" COUNTY> MACON O1
i ADDRESS: MAILING (REQUIRED) LOCATION (REQUIRED)
STREET: 559 COWEE SCHOOL ROAD STREET: U.S. HIGHWAY 441 BUSINESS
CITY: FRANKLIN ST NO ZIP 28734 CITY: FRANKLIN ST NC ZIP 28734
TELEPHONE 704 524 4358 DATE FEE PAID: 01/22/98 AMOUNT: 400.00
STATE CONTACT> BOLT PERSON IN CHARGE HAROLD CLARK
1=PR0POSED,2=EXIST, 3=CLOSED 1 1=MAJ0R,2=MINOR 2 1=MUN,2=NON-MUN 2
LAT: 3521130 LONG: 08322280 N=NEW,M=MODIFICATION,R=REISSUE> N
DATE APP RCVD O1/22/98 WASTELOAD REQS
DATE STAFF REP REQS 02/05/98 WASTELOAD RCVD
DATE STAFF REP RCVD 03/02/98 SCH TO ISSUE 03/08/99
DATE TO P NOTICE O1/22/99 DATE DRAFT PREPARED 12/10/98
DATE OT AG COM REQS / / DATE DENIED
DATE OT AG COM RCVD / / DATE RETURNED
DATE TO EPA / / DATE ISSUED 03/11/99 ASSIGN/CHANGE PERMIT
DATE FROM EPA / / EXPIRATION DATE 11/30/02
FEE CODE ( 4 ) 1=(>IOMGD) ,2=(>1MGD) ,3=(>O.1MGD) , 4=(<O.1MGD) , S=SF, 6=(GP25, 64, 79) ,
7= (GP49,73) 8=(GP76)9=(GP13, 34, 30, 52) 0= (NOFEE) DIS/C 43 CONBILL ( )
OOMMENTS: WAS NCG520 APPL/ARO RECOMM. PERMIT RESCISSION REQUESTED 5/22/2000-
MESSAGE: "* DATA MODIFIED SUCCESSFULLY **"

State of North Carolina
Department of Environment �
and Natural Resources 1
Division of Water Quality
James B. Hunt, Jr., Governor D E N R
Bill Holman, Secretary
Kerr T. Stevens, Director
June 14, 2000
HAROLD CLARK
WESTERN SAND CORPORATION �.
559 COWEE SCHOOL ROAD �. :, nstusniiii�w�Ji,l` il -
FRANKLIN NC 28734 oFf
Subject: Acknowledgement of Rescission Request
WESTERN SAND CORPORATION(2)
NPDES Permit No. NCO086461
MACON County
Dear HAROLD CLARK:
This is to acknowledge receipt of your request that NPDES Permit No. NCO086461
be rescinded. Your request indicated that this permit is no longer needed.
By copy of this letter, I am requesting confirmation from our Asheville Regional
Office that this permit is no longer needed. After verification by the Regional Office that
the permit is no longer needed, NPDES Permit No.NCO086461 will be rescinded.
If there is a need for any additional information or clarification,please do not hesitate
to contact Robert Farmer at(919) 733-5083,ext. 531.
Sincerely,
E. Shannon Langley, Supervisor
Point Source Compliance/Enforcement Unit
cc: Asheville Water Quality Regional Supervisor- w/attachments
Point Source Branch—Dave Goodrich-w/attachments
Point Source Branch -Robert Farmer- w/attachments
Central Files-w/attachments
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

10086461-Weslem Sand Corp.)
Subject: [Fwd: NC0086461- Western Sand Corp.]
Date: Mon, 22 May 2000 15:55:17 -0400
From:Tom Belnick<[e-mail]>
To: Fran McPherson <[e-mail]>,
Robert Farmer<[e-mail]>,Charles Weaver<[e-mail]>,
Bill E Anderson <[e-mail]>
CC: Tom Belnick <[e-mail]>
fyi- The permittee wants to rescind current permit, and plans to reapply
for a new permit at another location on the river at a later date.
Mailto:[e-mail]
N.0 DENR-DWQ/NPDES Unit
1617 Mail Service center, Raleigh NC 27699-1617
Work: (919) 733-5083 ext. 543
Fax: (919) 733-0719
Subject: Re: NC0086461- Western Sand Corp.
Date:Mon, 22 May 2000 08:02:34-0400
From: "Harold&Kim" <[e-mail]>
To: "Tom Belnick" <[e-mail]>
Dear Tom:
Please consider thise:mail our official request to rescind the permit
referenced above - permit #N00086461 - located at Town Bridge in Franklin,
NC. As I've stated in phone conversations with you, our lease expired on
the permitted property December 31, 1999. We have not been operational on
that property sinceTuly - August 1999 due to the new power lines the power
company has run along the riverbank.
Thank you fox all of your assistance in this matter. If you need any
additional information please do not hesitate to call or e:mail.
Sincerely,
Kim Hoffman
Sec/Treas.
Western Sand Corporation
559 Cowee School Road
Franklin, NC 28734
(828) 524-4358 - phone
(828) 524-6053 - fax
-----Original Message-----
From: Tom Belnick <[e-mail]>
To: [e-mail] <[e-mail]>
Cc: [e-mail] <[e-mail]>
Date: Thursday; May 18, 2000 11:35 AM
Subject: N00086461- Western Sand Corp.
,Kim- I just talked with Bill Anderson of the Asheville Regional Office.
>Bill thought there was a motel directly across the river, and wetlands
>in the area, therefore he recommends that the current permit be
>rescinded, and that an application be made for a new permit after you
>have determined exactly where the new discharge would be located. In
>order to rescind the current permit, please respond to this e-mail with
1 of 5/23/00 10:54 P

0086461.W nm.Sand Co,p.)
>a request for permit recission. Unless we receive such a request, the
>annual fees will still apply since the permit. is being held. Please let
>me know if you have further questions.
>Mailto:[e-mail]
>N.0 DENR-DWQ/NPDES Unit
>1617 Mail Service Center, Raleigh NC 27699-1617
>Work: (919) 733-5083 ext. 543
>Fax: (919) 733-0719
2 of 2 523/00 10:54 A'

NPDES FACILITY AND PERMIT DATA 06/13/00 11:02 :26
ATE OPTION TRXID 5NU KEY NC0086461
:SONAL DATA FACILITY APPLYING FOR PERMIT REGION
.k ILITY NAME> WESTERN SAND CORPORATION (2*** COUNTY> MACON 01
DDRESS: MAILING (REQUIRED) LOCATION (REQUIRED)
/ STREET: 559 COWEE SCHOOL ROAD STREET: U.S. HIGHWAY 441 BUSINESS
CITY: FRANKLIN ST NC ZIP 28734 CITY: FRANKLIN ST NC ZIP 28734
TELEPHONE 704 524 4358 DATE FEE PAID: 01/22/98 AMOUNT: 400 .00
STATE CONTACT> BOLT PERSON IN CHARGE HAROLD CLARK
1=PROP0SED, 2=EXIST, 3=CLOSED 1 1=MAJOR,2=MINOR 2 1=MUN,2=NON-MUN 2
LAT: 3511130 LONG: 06322280 N=NEW,M=MODIFICATION,R=REISSUE> N
DATE APP RCVD 01/22/98 WASTELOAD REQS
DATE STAFF REP REQS 02/05/98 WASTELOAD RCVD
DATE STAFF REP RCVD 03/02/98 SCH TO ISSUE 03/08/99
DATE TO P NOTICE O1/22/99 DATE DRAFT PREPARED 12/10/98
DATE OT AG COM REQS / / DATE DENIED
DATE OT AG COM RCVD / / DATE RETURNED
DATE TO EPA / / DATE ISSUED 03/11/99 ASSIGN/CHANGE PERMIT
DATE FROM EPA / / EXPIRATION DATE 11/30/02
FEE CODE ( 4 ) 1=(>IOMGD) , 2=(>IMGD) ,3= (>O.IMGD) , 4=(<O. 1MGD) , S=SF, 6=(GP25, 64, 79) ,
7=(GP49, 73) 6=(GP76) 9=(GP13, 34, 30,52) 0= (NOFEE) DIS/C 43 CONBILL ( )
COMMENTS: WAS NCG520 APPL/ARO RECOMM. PERMIT RESCISSION REQUESTED 5/22/2000-
MESSAGE: *** DATA MODIFIED SUCCESSFULLY ***

'State of North Carolina
Department of Environment
and Natural Resources &T4
Division of Water Quality ���
James B. Hunt, Jr., Governor a �1 I! v
Bill Holman, Secretary D E F
Kerr T. Stevens, Director NOV 1620
June 14,2000
HAROLD CLARK
WESTERN SAND CORPORATION
559 COWEE SCHOOL ROAD
FRANKLIN NC 28734
Subject: Acknowledgement of Rescission Request
WESTERN SAND CORPORATION(2)
NPDES Permit No. NCO086461
MACON County
Dear HAROLD CLARK:
This is to acknowledge receipt of your request that NPDBS Permit No. NCO086461
be rescinded. Your request indicated that this permit is no longer needed.
By copy of this letter,I am requesting confirmation from our Asheville Regional
Office that this permit is no longer needed. After verification by the Regional Office that
the permit is no longer needed,NPDES Permit No. NCO086461 will be rescinded.
If there is a need for any additional information or clarification,please do not hesitate
to contact Robert Farmer at(919) 733-5083,ext. 531.
Sincerely,
%V/d64�
E. Shannon Langley, Supervisor
Point Source Compliance/Enforcement Unit
cc: Asheville Water Quality Regional Supervisor-w/attachments
Point Source Branch—Dave Goodrich-w/attachments
Point Source Branch-Robert Farmer-w/attachments
Central Files- w/attachments
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

Subject: [Fwd: NC0086461- Western Sand Corp.]
Dale: Mon, 22 May 2000 15:55:17 -0400
From:Tom Belnick<[e-mail]>-
To: Fran McPherson<[e-mail]>,
Robert Farmer<[e-mail]>,Charles Weaver<[e-mail]>,
Bill E Anderson <[e-mail]>
CC: Tom Belnick<[e-mail]>
fyi- The permittee wants to rescind current permit, and plans to reapply
for a new permit at another location on the river at a later date.
Mailto:[e-mail]
N.0 DENR-DWQ/NPDES Unit -
1617 Mail Service Center, Raleigh NC 27699-1617
Work: (919) 733-5083 ext. 543
Fax: (919) 733-0719
Subject: Re: NC0086461-Western Sand Corp.
Date: Mon,22 May 2000 08:02:34 -0400
From: "Harold& Kim" <[e-mail]>
To: "Tom Belnick" <[e-mail]>
Dear Tom:
Please consider this email our official request to rescind the permit
referenced above - permit $N00086461 - located at Town Bridge in Franklin,
NC. As I've stated in phone conversations with you, our lease expired on
the permitted property December 31, 1999. We have not been operational on
that property sinceJuly August 1999 due to the new power lines the power
company has run along the riverbank.
Thank you for all of your assistance in this matter. If you need any -
additional information please do not hesitate to call or email.
sincerely,
Kim Hoffman
Sec/Treas.
Western Sand Corporation
559 Cowee School Road
Franklin, NC 28734
(828) 524-4358 - phone
1828) 524-6053 - fax
--Original Message-----
From: Tom Belnick <[e-mail]>
To: [e-mail] <[e-mail]>
Cc: [e-mail] <[e-mail]>
Date: Thursday, May 18, 2000 11:35 AM
Subject: NC0086461- Western Sand Corp.
>Kim- I just talked with Bill Anderson of the Asheville Regional .Office.
>Bill thought there was a motel directly across the river, and wetlands
>in the area, therefore he recommends that the current permit be
>rescinded, and that an application be made for a new permit after you
>have determined exactly where the new discharge would be located. In
>order to rescind the current permit, please respond to this e-mail with
523/00 10:54 A'
1 of

>a request for permit recission. Unless we receive such a request, the
>annual fees will still apply since the permit is being held. Please let
>me know if you have further questions.
>
>Mailto:[e-mail]
>N.0 DENR-DWQ/NPDES Unit
>1617 Mail Service Center, Raleigh NC 27699-1617
,Work: (919) 733-5083 ext. 543
>Fax: (919) 733-0719
>
2 of2 5/23100 10:54 P

, UPDATE OPTION TRXID 5NU KEY NC0086461
PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION
FACILITY NAME> WESTERN SAND CORPORATION (2*** COUNTY> MACON O1
'ADDRESS: MAILING (REQUIRED) LOCATION (REQUIRED)
STREET: 559 COWEE SCHOOL ROAD STREET: U.S. HIGHWAY 441 BUSINESS
CITY: FRANKLIN ST NC ZIP 28734 CITY: FRANKLIN ST NC ZIP 28734
TELEPHONE 704 524 4358 .DATE FEE PAID: 01/22/98 AMOUNT: 400.00
STATE CONTACT> BOLT PERSON IN CHARGE HAROLD CLARK
1=PROPOSED,2=EXIST,3=CLOSED 1 1=MAJOR,2=MINOR 2 1=MUN,2=NON-MUN 2
LAT: 3511130 LONG: 08322280 N=NEW,M=MODIFICATION,R=REISSUE> N
DATE APP RCVD O1/22/98 WASTELOAD REQS
DATE STAFF REP REQS 02/05/98 WASTELOAD RCVD
DATE STAFF REP RCVD 03/02/98 SCH TO ISSUE 03/08/99 _
DATE TO P NOTICE O1/22/99 DATE DRAFT PREPARED 12/10/98
DATE OT AS CON REQS / / DATE DENIED
DATE OT AG CON RCVD / / DATE (RETURNED
DATE TO EPA / / DATE ISSUED 03/11/99 ASSIGN/CHANGE PERMIT
DATE FROM EPA / P EXPIRATION DATE 11/30/02
FEE CODE ( 4 ) 1=(>IOMGD) ,2=(>1MGD) ,3=(>0.1MGD) ,4=(<O.1MGD) , S=SF,6=(GP25,64,79) ,
7=(GP49,73)8=(GP76) 9=(GP13,34, 30,52) 0=(NOFEE) DIS/C 43 CONBILL ( )
COMMENTS: WAS NCG520 APPL/ARO RECOMM. PERMIT RESCISSION REQUESTED 5/22/2000-
MESSAGE: *** DATA MODIFIED SUCCESSFULLY ***

State of North Car(--",a
Department of Environment
and Natural Resources j�
Division of Water Quality
�IIIIIIii �
James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF
KerrT. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
October 'f'9 t%
Mr. Harold Clark
Western Sand Corporation
559 Cowee School Road -
Franklin,NC,28646 �'rlyoi /3 �s
Dear Mr. Clark:
On September 2, 1999, the Public Notice for your application to und #tak
commercial sand dredging in the Little Tennessee River in Macon County was "ceived
by the N.C. Division of Water Quality. The Division will begin to review the project for
eventual decision. However, please be aware that beginning January 1, 1999 that the
N.C. General Assembly passed legislation requiring payment of a fee of$475.00 for this
project. Also, applicants are required to provide to DWQ seven copies of all application
materials provided to the U.S. Army Corps of Engineers. The 401 Water Quality
Certification cannot be issued until this fee is paid and the copies are provided. Until that
time, your application will remain on hold as incomplete.
Please call Cyndi Bell at 919-733-9721 or visit our web site at
htW://h2o.enr.state.ne.us/Ndbranch/wetland/wetland.html if you have any questions.
ToR
mey U
cc: John Dorsey
Central Files
,& yAl1%MY,QnRegiotlalt®ff,New
Asheville Field Office US Army Corps of Engineers
Cyndi Bell
Wetland File
Wenands/401 Unit 1621 Mail Service Center Raleigh,North Carolina 27699
Telephone [phone] FAX N 733-9959
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