Yancey Co. Complaints

4''� Incident Report
Report Number:
201401054
Incident Type: Spill (Oil, Chemical, non -sewage)
On -Site Contact:
Category: Incident
First/Mid/Last Name:
Brett
Laverty
Incident Started: 05/30/2014
Company Name:
Ncdwr Aro
County: Yancey
Phone:
[phone]
City:
Pager/Mobile Phone:
/
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name:
Bill
Davis
Permit:
Company Name:
Facility:
Address:
15 East Blvd
First Name: Brent
Middle Name: Patrick
City/State/Zip:
Burnsville NC
28714
Last Name: Ledford
Phone:
[phone]
Address 970 Bear Wallow Rd
Pager/Mobile Phone:
/
[phone]
City/State/Zip: Burnsville NC 28714
Phone: [phone]
Material Category: Estimated Qty: UOM
Chemical Name
Reportable Qty. lbs. Reportable Qty. kgs.
Petroleum 25 gal
DD:MM:SS Decimal Position Method: Remote Sensing
Latitude: +36°31'02" 36.517200 Position Accuracy: Nearest IOth Of A Second
Longitude:--82°19'53"-82.331300 Position Datum: Unknown
Location of Incident: Ledford Tire & Trucking
Address: 5208 E US Hwy 19e
City/State/Zip Burnsville NC 28714
Report Created 06/16/14 02:02 PM Page 1

Cause/Observation:
Directions:
At approximately 4:56 PM on (Friday) May 30, 2014, 1 (Brett
Take 1-40 west and merge with 1-240 west. Take exit 4A for U.S. 19
Laverty) received a call from Bill Davis with the Yancey County
N/U.S. 23 N/U.S. 70 W/Interstate 26 toward Weaverville/Woodfin. After
Emergency Management. Mr. Davis informed me that he was
18 miles, take exit 9 (US-19 north) toward Burnsville/Spruce Pine. Stay
onsite and in the process of containing a small oil spill on an
on U.S. 19 north for approximately 24 miles. Ledford Trucking & Trucking
unnamed tributary to the South Toe River near Micaville in
is located on the right at the corner of River Walk Drive and Highway 19E.
Yancey County. He said a boom was being deployed on a
residential property (244 Stream Road) downstream of the oil
release area. No cause for the oil release was given. Bill
Davis s cell phone number is [phone].
I (Brett Laverty) arrived at the residence of Larry Brown (244
Stream Road) at approximately 6:30 PM. A small stream _
(35.9090817,-82.194841) running through Mr. Brown s
property was impacted by the oil release. I inspected a 500-foot
section of stream from the South Toe River to a large road
culvert underneath Highway 19E. The Yancey County
Emergency Management had placed a small oil boom in the
stream near Mr. Brown s house. Upstream of the boom were
several small pools containing what appeared to be used motor
oil. A light sheen of oil was visible just below the road culvert
outfall.
I crossed. Highway 19E in order to trace the road culvert. I
discovered an open ditch above Highway 19E that drains to the
road culvert. The ditch is located next to the Newdale Fire
Department, which is on the corner of River Walk Drive and
Highway 19E. There was no oil or visible staining along the
ditch. Across the street from the Newdale Fire Department is a
trucking company called Ledford Tire and Trucking (5208 E US
Highway 19E). The road culvert passes near the Ledford
Trucking lot before passing underneath Highway 19E.
I happened to notice that the company s (Ledford Tire &
Trucking) parking lot dips towards an area of tall grass next to
the road culvert. I pulled back the grass and noticed a partially
buried storm drain (35.908622,-82.195531) with fresh used
motor oil around the perimeter of the grate. My first impression
was that this was intentional dumping because the oil was
confined to a small area around the storm drain. A spill scenario
would consist of a larger oil slick approaching the drain.
Report Created 06/16/14 02:02 PM Page 2

Action Taken:
During the night of May 30, 2014, 1 interviewed two residents the
live next to the unnamed tributary where the oil was first
observed. Larry Brown resides at 244 Stream Road
(828-675-0837). Mr. Brown first noticed the oil in the stream at
approximately 3:30 PM. He said the entire stream was running
black with oil for about 1 hour. He presented me with a pint of oil
collected from the stream. I asked Mr. Brown whether he had
seen oil in the stream before. He said no oil but he does see
soap suds and smells cleaning products in the stream on a
regular basis.
I also interviewed Darrell Forbes who resides at 5227 E US
Highway19E (828-675-4581). Mr. Forbes said he could smell the
oil in his driveway (— 130 feet away) before he actually saw the
oil in the stream. He reported first smelling/seeing the oil at
around 4:00 PM. He also confirmed Mr. Brown s observation of
seeing soap suds in the stream at various times in the past. He
informed me of an area behind a gray service garage (Ledford
Tire & Trucking) where semi -trucks are washed on a regular
basis. In his opinion, the soap suds in the stream are directly
related to this truck washing area.
On Tuesday June 3, 2014, 1 conducted a phone interview with
Bill Davis with the Yancey County emergency Management.
After receiving the 911 call on Friday afternoon, he arrived at Mr.
Brown s house at approximately 4:30 PM on May 31, 2014. He
said the oil was no longer flowing out of the road culvert when he
arrived but pools of product remained in the stream. He also
inspected the Ledford Tire and Trucking Property before leaving
the field. He walked around the entire service building and
discovered a small oil slick on the asphalt parking lot near two
empty (diesel) AST s. He observed additional oil staining in the
grass next to the AST s.
On Thursday June 5, 2014, 1 met with Gene Ledford at the
Ledford Tire & Trucking service garage. The garage consists of
a below -grade bay to accommodate the mechanic and some
tools. The service bay contains an adjustable pan for draining
crankcase oil from the semi -trucks. The oil pan is connected to
an electric pump and a 275 gallon oil tank: Directly above the oil
tank is a waste oil furnace which provides heat to the service
garage. According to Mr. Ledford, the garage generates 15-20
gallons of waste oil per month. Overall, both new and used
motor oils are contained within the service garage. There is no
evidence of any oil being stored outside of the service garage. I
also inspected the grassy area where Bill Davis noted oil
staining. There were multiple stained areas approximately the
size of a 5-gallong bucket. It is possible that oil was initially
off-loaded near the AST s and carried to the storm drain via the
plastic buckets.
On June 9, 2014, 1 contacted Highway Division 13 engineer Jay
Swain and requested the contaminated soil within the storm
drain be removed and properly disposed.
Incident Questions:
Did the Material reach the Surface Water? Yes
Surface Water Name? South Toe River
Did the Spill result in a Fish Kill? No
If the Spill was from a storage tank indicate type.
Containment? No
Cleanup Complete? No
Report Created 06/16/14 02:02 PM
Comments:
On the afternoon of May 30, 2014, someone dumped less than 25 gallons
of used motor oil into a storm drain at the corner of River Walk Drive and
Highway 19E in Yancey County. Evidence suggests that oil was
off-loaded in the back parking lot of Ledford Tire and Trucking and carried
to the storm drain via 5-gallon buckets. It is likely the oil was dumped
between 3:30 and 4:00 in the afternoon. All of the oil was discharged to
the South Toe River.
A tour of the Ledford Trucking service garage reveled good containment
of all used and new motor oil. The waste oil is used for winter heating of
the service garage. Approximately 15-20 gallons of used motor oil is
generated per month and stored in a 275 gallon tank which is connected
to the waste oil furnace. There is no oil stored outside of the service
garage.
Regional supervisor Land Davidson decline to involve the State Bureau of
Investigation due to the lack of witnesses and the identification of a
responsible party.
Conveyance
Unnamed tributary
Estimated Number of fish?
(Above Ground or Under Ground)
Page 3

Water Supply Wells within 1500ft: Yes
Event Type
Requested Additional Information
Referred to Regional Office - Primary Contact
Incident closed
Report Entered
Incident Start
Report Received
Standard Agencies Notified:
Agency Name Phone
Groundwater Impacted : Unknown
Event Date Due Date Comment
2014-06-16 12:00:00
2014-05-30 05:56:00
2014-05-30 04:56:00
2014-05-30 04:56:00
First Name M.I. Last Name Contact Date
Other Agencies Notified:
Agency Name Phone First Name M.I. Last Name Contact Date
DWQ Information:
Report Taken By: Report Entered By: Regional Contact:
Brett Laverty Janet Cantwell Brett Laverty
Phone:
Date/Time: 2014-05-30 04:56:00 PM 2014-05-30 05:56:00 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 06/16/14 02:02 PM Page 4

Memo To File
To: Landon Davidson, Chuck Cranford
Author. Brett Laverty
Date: Tuesday June 3, 2014
DW R
Asheville Regional Office
2090 US HWY 70
Swannanoa, NC 28778
Re: 201401054 Ledford Tire & Trucking Field Notes (Yancey County)
At approximately 4:56 PM on (Friday) May 30, 2014, I received a call from Bill Davis with the Yancey
County Emergency Management. Mr. Davis informed me that he was onsite and in the process of
containing a small oil spill on an unnamed tributary to the South Toe River near Micaville in Yancey
County. He said a boom was being deployed on a residential property (244 Stream Road) downstream of
the oil release area. Mr. Davis also informed me that he contacted Caroline LaFond in the UST Section. Mr.
Davis's cell phone number is [phone].
Once I got off the phone with Bill Davis, I immediately contacted supervisor Landon Davidson. He
requested that I respond to the spill immediately and assist Yancey County if necessary. I also alerted Bill
Conner in Public Water Supply (ARO) and contacted both the North Carolina and Tennessee Emergency
Management.
I arrived at the residence of Larry Brown (244 Stream Road) (828-675-0837) at approximately 6:30 PM. I
called Bill Davis who informed me that he had completed his containment work and would not be
returning to the field. A small stream running through the property of Larry Brown was impacted by the
oil release. I took a moment to interview Mr. Brown. He first noticed the oil in the stream at approximately
3:30 PM. He said the entire stream was running black with oil for about 1 hour. He presented me with a
pint of oil collected from the stream. The unnamed tributary originates from a large culvert underneath
Highway 19E and flows approximately 500 feet before discharging to the South Toe River (Map 1). I asked
Mr. Brown whether he had seen oil in the stream before. He said no oil but he does see soap suds and
smells cleaning products in the stream on a regular basis.
Once I completed my interview with Mr. Brown, I walked up stream towards Highway 19E. A small white
boom was visible in the stream near Mr. Brown's shed (Picture 1). Product was visible directly behind the
boom and at two other areas approximately 30 feet upstream of the boom (Picture 2). A recent rainstorm
just before my arrival likely washed any remaining product into the South Toe River. The stream emerges
underneath Highway 19E via a large galvanized metal culvert (Picture 3). There was a light sheen of oil in
the stream directly below the culvert. I also walked downstream to the confluence with the South Toe
River. No product was visible in the stream below the boom or in the South Toe River.
I also interviewed resident Darrell Forbes (5227 E US Highway19E) (828-675-4581) who lives adjacent to
the unnamed tributary. He said he could smell the oil in his driveway (— 130 feet away) before he actually
saw the oil in the stream. He reported first smelling/seeing the oil at around 4:00 PM. He also confirmed
Mr. Brown's observation of seeing soap suds in the stream at various times in the past. He informed me of
an area behind a gray service garage (Ledford Tire & Trucking) where semi -trucks are washed on a
regular basis (Picture 4). In his opinion, the soap suds in the stream are tied to this truck washing
area/activity.

Once I completed the interview with Mr. Forbes, I walked across the street to Ledford Tire & Trucking
(5208 E US Highway 19E) and walked the perimeter of the property. My goal was to determine the
direction of the storm water culvert passing underneath Highway 19E. I found an open ditch along River
Walk Drive that drains to the buried storm water culvert underneath Highway 19E. There was no visible
evidence of recent oil movement within the open ditch (Picture 5). I noticed that several firemen were
present at the Newdale Fire Department, which is located (corner of 19E and River Walk Drive) directly
across the street from Ledford Tire & Trucking. One fireman showed me where the buried road culvert
crosses under River Walk Drive and then parallels the corner of the Ledford Tire & Trucking property
before crossing under Highway 19E (Map 1). It was then that I noticed that a portion of the parking lot
(Ledford Tire & Trucking) sloped towards a patch of tall grass in close proximity to the buried road culvert
(Picture 6). I pulled back the chest -high grass and saw fresh black oil around a small ground -level drain
(35.908622,-82.195531) heading in the direction of the buried road culvert (Picture 7). The lot drain is
located on the property of Ledford Tire and Trucking. My first impression was that this was intentional
dumping because the oil was confined to a small area around the lot drain. A spill scenario would consist
of a larger oil slick approaching the lot drain. I walked the area immediately around the lot drain and found
no other evidence of oil. After taking numerous photos of the site, I left the field at approximately 8:15 PM.
I was in the office on the morning of (Saturday) May 31, 2014. I located the property of Ledford Tire &
Trucking on the Yancey County GIS website. The property records (PIN 085003402550000) lists Brent
Patrick Ledford as the property owner. The home address is given as 970 Bear Wallow Road Burnsville,
NC 28714. I also conducted an internet search for the phone number of Ledford Tire and Trucking, which
is [phone]. I called the number at approximately 9:30 AM and spoke with a man named Gene
Ledford who claimed to represent the trucking company. I informed Mr. Ledford that I was investigating
an oil spill from the previous day and that there was evidence implicating Ledford Tire & Trucking. Mr.
Ledford began telling me of a construction project farther up River Walk Drive and that the oil (hydraulic)
I saw was likely related to construction equipment. I told Mr. Ledford that I personally witnessed the oil
around their lot drain and that the oil in the stream originated on his property. At this point, Mr. Ledford
began yelling and was verbally abusive to such a degree that I prematurely ended the call. A women
identifying herself as Brenda Ledford called back approximately 30 minutes later and left a message for
me to call her. I called her back immediately. In a much calmer tone, Brenda informed me that all buildings
on site are heated by waste oil furnaces and fueled by used motor oil collected during the servicing of
semi -trucks. She reiterated that they have no need to openly dump used motor because they collect and
store it for winter heating. She also informed that the service garage was closed all day Friday (May 30).
After my initial phone call, she said they conducted a site inspection and found an additional 10 gallons of
oil dumped on their loading dock. Her initial explanation for the release of oil was criminal trespassing by
someone not employed or representing Ledford Tire & Trucking. I informed her that I was no detective
but whoever dumped the oil knew the location of the obscure lot drain and did it in the full light of day. We
ended the phone call with an agreement to schedule a site meeting during the coming week.
It is important to note one neighbor informed me that all land owners along highway 19E (which includes
Ledford Tire & Trucking) will be served with eviction notices in the coming months to make way for the
NCDOT highway expansion project Home sites and businesses in the path of new highway will be razed in
the coming year. It is likely Ledford Tire & Trucking will no longer need their stores of used motor oil for
the coming winter.
I was able to interview Bill Davis on the morning of June 3, 2014. After receiving the 911 call on Friday
afternoon, he arrived at Mr. Brown's house at approximately 4:30 PM on May 31, 2014. He said the oil was
no longer flowing out of the storm water culvert when he arrived but pools of product remained in the
0 Page 2

stream. After deploying the boom near Mr. Brown's shed, he walked up the hill towards Highway 19E and
Ledfords Tire and Trucking. He walked around the entire service building and discovered a small oil slick
on the asphalt parking lot near two empty (diesel) AST's (Photos 8 and 9). The AST's are located behind
the service garage (Map 1). Next to the AST's, he saw further oil staining in the grass and a discarded
garden hose stained with oil (Photo 10).
• Page 3

r South Toe River
�4 Stream Road'
Unnamed tributary
0 ^-
Oil Boom Lard Brown,
rPicturel .y� `''`'R^' d
1 244 Stream Road
US Highwayl9E
{ \Oil in stream ` a
Picture 2,
,. Culvert
Newland Fire Department id�u e 3�•
Darrell Forbes
Ledford T&T Lot Dram , . - 27 E�'US Highway 19E
Pictures 6 & 7 {• ' : •~`Ri3er'Walk Drive'--.,'
35.908622, -82 1955 4T
i
6 c•1, __ r
= a
Open Ditch•
Picture 5\� t w
"w Wash Area -x }
*�. Picture 4 .R � •\ o'
l�ko Empty (Diesel) ASTt
Ledford Tire &Trucking �Yd
. �. Pictures 8191 & 10
� 5208 E Ulleway 19E �
+ t eurnswlle; N NC 28714 AS h
_ . -,PIN.0850034025SQ000 _ t+

Photo 3: Storm water culvert underneath Highway 19E. Photos by Brett Laverty.

Photo 4: Ledford Tire & Trucking vehicle washing area. Photo by Brett Laverty.

Photo 7: Ledford Tire & Trucldng with fresh oil around lot drain. Photos by Brett Laverty.

Photo 8: Empty (diesel) AST's at Ledford Tire & Trucking. Photo by Brett Laverty.

Photos 9 & 10: Oil staining near the empty diesel AST's. Photos by Bill Davis.
13

DW R
Asheville Regional Office
2090 US HWY 70
Swannanoa, NC 28778
Memo To File
To: Landon Davidson, Chuck Cranford
Author. Brett Laverty
Date: Monday .tune 9, 2014
Re: 201401054 Ledford Tire & Trucking Additional Field Notes (Yancey County)
On Thursday June 5, 2014, Jeff Wait (ARO — Land Quality) and Brett Laverty (ARO — Water Resources) met
with Gene and Brenda Ledford at the Ledford Trucking Company (5208 E US Highway 19E). Lt Detective
John Robinson with the Yancey County Sheriffs Department was also present at the meeting.
Brenda Ledford said she recently interviewed Larry Brown (244 Stream Road) who was a witness to the
oil spill. Mr. Brown recounted how his neighbor (Darrell Forbes) initially alerted him to the oil spill at
approximately 4:00 PM. It is important to note that Mr. Brown told me of seeing oil in the stream at 3:30
PM while mowing the lawn. These conflicting accounts sheds some doubt on the volume and length of
time oil was running in the stream.
Gene Ledford provided a tour of the service garage. The garage consists of a below -grade bay to
accommodate the mechanic and some tools. The service bay contains an adjustable pan for draining
crankcase oil from the semi -trucks. The oil pan is connected to an electric pump and a 275 gallon oil tank.
Directly above the oil tank is a waste oil furnace which provides heat to the service garage. According to
Mr. Ledford, the garage generates 15-20 gallons of waste oil per month. Overall, both new and used motor
oils are contained within the service garage. There is no evidence of any oil being stored outside of the
service garage.
I questioned Mr. Leford about the above ground storage tanks (AST) located near the service garage. He
said they were once used to store diesel fuel but is no longer in service. On the night of May 30, 2014, Bill
Davis (Yancey County Emergency Management) noted an area immediately to the right of the AST's where
the grass was stained with used motor oil. The attached photo (picture 1) shows 4 or 5 discrete areas of
staining. Upon closer inspection, these stained areas are approximately the same size as a 5-gallon bucket
It is possible that the oil was initially off-loaded here and carried to the storm drain via the plastic buckets.
Mr. Ledford made us aware that the drain where the motor oil was dumped is a grated storm drain
installed by NC Department of Transportation. An accumulation of sediment has clogged the drain and
buried the storm grate. It is assumed that the storm drain exits within the state right-of-way. On the
morning of June 9, 2014,1 contacted Highway Division 13 engineer Jay Swain and requested the
contaminated soil within the storm drain be removed.
Jeff Wait spoke with Mr. Ledford about the need for a storm water permit Mr. Ledford said, in a matter of
months, the state highway expansion project would be taking a portion of his property and removing his
service garage. He was unsure as to whether he would rebuild his business on the remaining property or
permanently retire. Jeff provided Mr. Ledford with a storm water permit application and supporting
documentation.

North Carolina families with another tax increase.
1
r .
Even the Raleigh News and Observer was quick to notice
the power of our No Xew Taxes Pledge
The anti -tax campaign didn't stop with the tax rally. NC CSE
continued to turn up the heat on legislators by appearing on
talk radio and local television shows, urging citizens to call
and write their legislators. Thanks to this effort, many
legislators felt the heat and NC CSE made it known that the
hard-working citizens of North Carolina would not stand for
any tax increases. Unfortunately, on September 20, 2001, the
General Assembly passed a $1.2 billion tax increase. NC
CSE Director, Jonathan Hill aptly labeled this passage as "the
wrong action at the wrong time." Ten legislators broke their
promise to the people of North Carolina by breaking "The
Pledge." The 2002 election is just around the corner and NC
CSE and its 25,000-member grassroots army will not let the
voters or the legislators forget who broke their pledge.
Taping a Gamble with North Carolina's Economic Future
North Carolina Citizens for a Sound Economy
Foundation hosted a lottery summit, "Windfall or
Predator," on March 17t' to educate citizens on the
social and economic impact a lottery would have on our
state. Several hundred citizens attended to hear debate
on both sides of the issue. NC CSE believes that a
lottery is simply an expansion of government. Contrary
to popular myths, lotteries are not stable sources of
revenue, there is no link between lotteries and school
funding, and a lottery is not likely to reduce political
pressures to raise taxes. The lottery would also damage
retailers because storeowners would lose money trying to
replace high -profit, taxable items with anon -taxable lottery A Lt. Gov. Steve IT indonr discusses theflaws of a state
Totten: at NC CSE Foundation's Lottery Summit
ticket. Currently, the lottery issue is at a standstill in
committee, but NC CSE will continue to fight against this fiscally unsound public policy.
Protecting our Property Rights in ITC — The River Buffer Issue
A-D,­ ....,,,. TA„ i''„r.,..4- A:,.,,.. Rom...:..
The latest NC CSE topic sweeping the state is river
buffers. In just one month, thousands of citizens signed
our No Buffer Petition! NC CSE ignited a full-fledged
grassroots campaign across the state to repeal temporary
and permanent buffer rules established by the
Environmental Management Commission (EMC) under
BB 1160, The Clean Water Act of 1999. These rules
clearly infringe upon citizens' property rights and
damage North Carolina's economy. NC CSE is leading
the fight to repeal these proposed buffer rules. To learn
more, read our brochure:
http://www.ese.org/jocal/ng/
publications. html.

North Carolina CSE Story 2001
North Carolina CSE: Protecting Our Economic Liberty
North Carolina Citizens for a Sound Economy (NC CSE)
was launched in April of 1999 with the message,
"There's a better way." Today, with your involvement,
we have over 25,000 members and supporters. As you
know, NC CSE is committed to lower taxes, less
government, and more economic freedom; we strive daily
to recruit, educate, and mobilize a powerful grassroots
army to fight for our goals and our liberty. Since our inception, our determination, dedication, and
motivation have defined our style of grassroots activism and contributed to our successes.
HE,
During months of budget debate in the General Assembly,
statewide as the "Tarheel Tea Party." Over one
thousand citizens showed up on the Halifax Mall to
protest the proposed $1.2 billion dollar tax increase
before the General Assembly. Radio stations WPTF-
Raleigh, WBT-Charlotte, and WSJS-Winston-Salem
hosted their shows live from the rally, talking with
citizens and legislators about the tax increase.
Referring to "The Pledge"(the NC CSE Pledge), which
was signed by 62 of 120 General Assembly members,
citizens reminded the legislators of the promise they
made to the people and implored them not to burden
NU USE hosted an anti -tax ratty, now known
Over 1,000 people, many of them CSE activists, gathered
at the Capitol_ for the Tarheel Tea Partv

ENVIRONMENT
n fm A RUN
Punishing Property Owners
® Penalties for violating the buffer rules, or failing to cooperate with government officials
seeking to enforce them, can result in heavy fines. Under the North Carolina dean Water
Act of 1999, these can reach as high as $25,000 per day.
Certain property uses — particularly construction of access roads — require "mitigation."
The rules are written in such a. way that the easiest ways to satisfy mitigation requirements
are by donating real estate to the government — increasing the share of land under state
control — or by paying a fee to the Environmental Management Commission — essentially a
"stealth" tax on people who simply wish to use their own property.
Citizens who are harmed by the buffer rules can seek a "liardship variance," which would
exempt them from the rules. However, qualifying for such a variance is extremely difficult.
A reduction in property value does NOT qualify so long as government officials decide that
the financial impact is "reasonable." Bureaucrats — not markets — will decide how much
property should be worth.
The buffer rules are unnecessary restrictions on fundamental property rights. According to
the U.S. Envirorunental protection Agency, 87 percent of North Carolina's rivers are in
excellent condition — one of the best environmental records in the country.
Take Action!
• Call your state Representative and Senator at [phone]. Let them know that you are
opposed to the buffer regulations. Urge them to ACT NOW to stop the implementation of
these rules.
• Contact the Environmental Management Commission's Department of Water Quality at
[phone]. Let them know your opinion on buffers.
• The North Carolina Environmental Management Commissions required to hold public
hearings on proposals for new shoreline buffers. Contact the Commission at [phone]
for dates and times, and plan to attend public hearings near you.
• Get involved with Citizens for a Sound Economy. There is strength in numbers, and together
we CAN make a difference. Contact our North Carolina office at 919-807-0100 for more
information.

Shoreline Buffer Rues in North Carolina
What, How, and Why?
Buffers are undeveloped strips of land that border creeks, rivers, and lakes. Buffer rules
mandate 50-foot setbacks along these bodies of water.
• The 50-foot buffer zone is made up of two areas, a 30 foot zone closest to the water that is
strictly regulated, and an additional 20 foot zone, with fewer restrictions. Any property use
not spelled out within the rules is considered prohibited.
The buffers are intended to protect undeveloped shorelines. Property that has already been
developed is exempt. New uses — such as expanding a farm into undeveloped land, or
changes to a current use — such as building a home on existing farmland — trigger the
requirement for buffers.
• The North Carolina Environmental Management Commission (EMC) has authority to issue
permanent buffer rules, however this is generally along process. Section 7 of I-IB 1160, the
Clean Water Act of 1999, sped up rule -making procedure by giving the EMC authority to
issue temporwy rules — specifically along the Cape Fear, Catawba, and Tar Pimlico liver
Basins in North Carolina.
The Cape Fear and Tar Pimlico temporary rules have since become permanent. Permanent
rules for the Catawba basin will be developed this fall. Permanent rules were already in
place for the Neuse River Basin.
Eventually, buffer rules will be drafted for ALL rivers in North Carolina.

�r `1
PI icJ
i
Meg Scott Phipps Ntirt4 (garoli11a N. David smith
Commissioner Assistant Commissioner
Cepartmrixt of �grirulture
Weldon B. Denny (.C. Bruce Williams
�
Chief Deputy Commissioner nub (1jansumier 1*kruirvo Director
AIID d allb P1 1T Fr of crfi n PTUT TL711
August 27, 2001
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
� r ..r
Mr. Martin Wilson, Jr.
P.O. Box 1223
Burnsville, North Carolina 28714
IR2001-4
Dear Mr. Wilson:
r �t
The Pesticide Section has inve agate 'a co plaint against you regarding the application
of Roundup Original to Bernice H. Banks' property along Indian Creek in Burnsville, North
Carolina. Enclosed you will find a "Notice of Violation" which outlines all pertinent information
concerning our investigation and resulting alleged violations. The allegations could result in
disciplinary action against you including the assessment of a civil penalty of not more than two
thousand dollars ($2,000.00) per violation if the allegations are proven during a formal hearing
before the Pesticide Board. 1 refer you to Chapters 143 and 150B of the General Statutes of
North Carolina for a more complete statement of your rights.
This matter may be resolved through a Settlement Agreement subject to the approval of
the Pesticide Board or a formal hearing which would be presided over by the Pesticide Board.
Both you and the Pesticide Section would have the opportunity to present evidence to the
Pesticide Board and cross-examine any witnesses. The members of the Pesticide Board will
determine the existence and severity of any violation as well as the nature of any penalty.
In order to timely resolve this matter without the necessity and expense of a formal
hearing, the Pesticide Section is willing to enter into a Settlement Agreement with you, the terms
of which are stated in the enclosed Settlement Agreement. The offer is based on the nature of the
alleged violations and is consistent with those previously approved by the Pesticide Board for
similar violations. The terms of any settlement agreement entered into by you and the Pesticide
Section would remain subject to the review and approval of the Pesticide Board. If you desire to
4000 Rccdy Creck Road
P.O. Box 27647 Ralcigh, North Carolina 27611 [phone] • Fax [phone]y
An Equal Opportunity Affirmative Action Employer to

BUFFER ZONE LAYOUT for 50 FOOT BUFFER. 50
20 Foot Outer Buffer Is Fined, at-$ 1.44 Per -Square Foot
4010
-
30
3 30 Foot Inner Buffer Is Fined At $1.92 Per Square Foot
--------------------2.0
1 10 Feet
10
10 Food: Wide Creek
Linear Measurements
t
-10
Branches, Springs, T ! No Disturbing ANYTHING!
And Ponds Are Included No Cutting- of -ANYTHING._ _ - - - - _ _ _ _ _ _ _ _ _ _ _20
- - - - - - - - - - - - - In the Inner Buffer Zone
30
30
SpringHeads Have a Grass-
100 Foot Dia. Circle _ _ __o - rBushes ONLY! Disturbing of Soil!_ _ _ _ _�O
4-0 abound Them In the Outer Buffer Zone
50
�0
TEIviPORARY BUFFER RULE LAYOUT
1 ACRE = 43,560 Square Feet and Mitigation Fees Total D75,271.68 PER ACRID!
If You Own Bo th'" Sides Of The Creek If You Own Only One Side Of The Creek
W'de = 435.E Linear Feet 1 Acre © 50 Foot Wide = 871.2 Linear -Feet
1 Acre @ 100 Foot i I
Inner Buffers Are $115.20 Pei, Linear Foot I Inner Buffer is57.60 Per Linear Foot
r Foot I Outer Buffer is $28.80 Per Linear Foot
Outer Buffers Are57.60 Per Linear Lined
r Foot Of Creek
6.40 Per
Fine Is $172.80 Per Linear Foot Of Creek Fine Or $8 640 Per 1.00 Linear Feet
Or. _$17,280 Per 100 Lin r•,•..F.eet

ENVIRONMENT
FOR A SOUND
01 W1
Punishing Property Owners
Penalties for violating the buffer rules, or failing, to cooperate with government officials
seeking to, enforce them, can result in heavy fines. 'Under the North Carolina, Clean Water
Act of 1999, these can reach as high as-$25,000 per day.
Certain property uses, particularly construction of access roads, require "mitigation." The
rules are written in such a way that the easiest ways to satisfy mitigation requirements is by
donating real estate to, the government — increasing the share of land under state control —
or by paying a fee to the, Environmental Management Commission — essentially a "stealth"
tax on people who simply wish to use their own property,
Citizens who are harmed by the buffer rules can seek a "hardship variance," -which would
exempt them from the rules. However, qualifying for such a variance is extremely difficult.
A reduction in property value -does, NOT qualify so long as government officials decide that
the financial impact is "reasonable," Bureaucrats — not markets — will decide bow much
property should be worth,
• The buffer rules are unnecessary. According to the Environmental Management
Commission, the vast majority of the CataAVba River basin is inexcellent ,condition.
Take Action!
Call your state Representative and Senator at (919) 733-411 L Let them know that you are
opposed to the buffer regulations. Urge them to ACT NOW to stop the implementation of
these rules.
Contact the Environmental Management Commission's Department of Water Quality at
[phone]. Let them know your opinion on buffers as they begin drafting the final
rules,.
Plan to attend the Environmental Management Commission's public hearings this Fall.
Contact the Commission, at (919),733-7015 for dates and times,
fl, Get involved with Citizens for a Sound Economy. There is strength in numbers, and together
we CAN make a difference. Contact our North Carolina office,at 919-807-0100 for more
information.

NMENT
CITINNS, TN
FOR A REND
0101,
What, How, and 'why?
Buffer rules were authorized under Section 7 of BB 1160 the Clean Water Act :of 1999.
This legislation ,gave the North Carolina Environmental Management Commission (EMC)
authority to impose temporary buffer rules in the Catawba river Basin. In the context of
these rules, a buffer refers to undeveloped strips of land that border creeks, rivers, and lakes..
• The temporary buffer rules mandate 50-foot setbacks from shorelines along the Catawba
River below Lake :lames, and along the shores of Lake James; Lake Rhodhiss, Lake Hickory,
Lookout Shoals Lake, Lake Norman, Mountain Island Lake, and Lake Wylie. The rules do
not cover the Catawba River above. Lake James or any other streams in the basin for now.
The temporary rules were enacted on: May '10, and go into effect on ,June 30. In February
2002, permanent rules will be voted on by the EMfC that may impose .the rules on streams in
the Catawba basin as well.
• The 50-foot buffer zone is made up of two areas, a 30 foot zone closest to the water that is
strictly regulated, and an additional 20 foot zone, with fewer restrictions. Any property use
not spelled out within the rules is considered prohibited.
The buffers are intended to protect undeveloped shorelines. 'Property that has already been
developed is exempt. New uses — such as expanding a farm into undeveloped land — or
changes to a current use — such as building a home on existing farmland — trigger the
requirement for buffers, .A use is considered "new," and subject to the buffer rules, if it
begins after June 30,, 2001.
Buffer rules already also cover the Neuse and Tar -Pamlico River Basins. Eventually, these
rules will include all watersheds in the state.

Danny McIntosh
Mayor
Jeanne Martin
Town Clerk
Town Of burn8ville
March 5, 2013
David and Debbie Wheeler
Wheeler Trailer Park
Pine Swamp Road
Burnsville, NC 28714
Re: Termination of Sewer Service
Dear Mr. and Mrs. Wheeler:
Coune dory:
Ruth L. Banks
Judy Buchanan
Ron Powell
William D. Wheeler
RECEIVED
MAR - 6 2013
DWQ/Surface Water Protection Section
Asheville Regional Office
You have failed to pay the outstanding sewer charges for Wheeler Trailer Park despite repeated
demands. Pursuant to the Burnsville Code of Ordinances, this letter constitutes formal notice that the
Town of Burnsville will terminate sewer service for Wheeler Trailer Park on March 11, 2013 unless all
outstanding amounts are paid prior to the termination date set forth herein.
Sincerely,
Anthony Hensley
Public Works Director
Town of Burnsville
Cc: Stephen L. Cash, Roberts & Stephens, P.A.
Corey Morris, Toe River Health District
Amy Herron, Toe River Health District
✓Linda Wiggs, N.C. Dept. of Environment and Natural Resources, Asheville Regional Office, Division
of Water Quality - Water Quality Section
P.O. Box 97 e Burnsville, North Carolina 28714 • Phone [phone] e FAX [phone]

W� r
re for
4. This permit shall not be transferable. In a the event there is a name change of the Pelrm tteeha formal perrequest
r collection
facilities to change ownership, or there is
shall be submitted to the Division accompanied by
ocuThet approvalion of the parties of this request involvedshallabe
other supporting materials as may beappropriate. considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so_as,not to
existing utilities nor result in an overflow or bypass discharge of wastewater
interrupt service by the
.
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these tin permitted i calculati facilities, s certification-,
rtif is tpump"
copy of the construction record drawings, as well as supporting
from a stations permitted as part of this project shall be have been installed noaccordancerth Carolina-licew'thnth�ids
Professional Engineer certifying that the facilities
permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the other Fast-Track
Permitting
rmategal f PUMP the project
Station
pp applicable; andsupporting
and Force Main adopted June 1, 2000 as app You shall retain the responsibility to track
is to be completed in phases and partially certified, y
further construction approved under the same permit, and shall proofide acorn sruct d
certificate
of
opy
completion once the entire pol constructede n the phase being n completed. A c certified, shall be submitted with
drawings, indicating the facilities
each partial certification. Mail the Engineer's
Drawings," and one copy of the supporting de g ertin calculations to cation, one copy t of Non `Dischargethe r Peon rmitting
Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
7. A copy of the construction record drawings shall be maintained on file by the Perm
ittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; I cable; the CDi Division's
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable;
Minimum Design Criteria for the Fast -Track Permitting ateralsof pmay4subjetlt the PermitteForce Mains e totaa
June 1, 2000 as applicable; and other supporting
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection ee facilities
take immediate correctiverila tion including the
ding
creation of nuisance conditions, the Permitt
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt ma ber mposed by otherfrom lyinggovernment agenith any dcies
statutes, rules, regulations, or ordinances that y
(local, state and federal) which have jurisdiction,
enclud-gcontr_ol r_ebut notlquirememited onts inI115A NCAC Ch. 4
rules in 15A NCAC 2B .0200, ero's-idr and-se�dim —__._--
and under the Division's=General=Permit�NC-.G.01_0500, and -any requirements pert
ainng to wetlands
under 15A NCAC 213.0200 and 15A NCAC 2H .
11. Noncompliance Notification:
le
onal
The Permittee shall report by telephone to s soon as quality
possible, but innocase er at emore thlan 224ghourrs
Office, telephone number [phone], a P
or on the next working day, following the occurrence or first knowledge of the occurrence of either

Incident Report
Report Number: 201102580
Incident Type: Complaint
On -Site Contact:
Category: Other
First/Mid/Last Name:
Incident Started: 12/22/2011
Company Name:
County: AN.RWancey"
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name: Bill Davis
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone: [phone]
Address
Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty:
UOM Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal
Position Method:
Latitude:
Position Accuracy:
Longitude:
Position Datum:
Location of Incident: Wyatt Town Rd- old
RR track removal
Address:
City/State/Zip
ti 3 1<
Pr
Y' , �. f1 . 14AA--� (J rzV . C�i Y ✓► ej
Report Created 12/28/11 08:36 PM Page I

Cause/Observation: Directions:
Old RR tracks are being removed along the Toe river with no
erosion control protection. If it rains it may impact river.
Action Taken: Comments:
Spoke with Bill Davis (yancey county emergency mgt). He will
revisit site today and see if he can persuade them to install
erosion control measures. He will get back in touch with us.
Incident Questions:
Did the Material reach the Surface Water? Unknown, Conveyance:
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft: Unknown Groundwater Impacted
Event Type
Report Received
Referred to Regional Office - Primary Contact
Report Entered
Incident Start
Event Date
2011-12-22 02:25:26
2011-12-22 01:30:00
Due Date
Unknown
Comment
Report Created 12/28/11 08:36 PM Page 2

Linda
From:
Sent:
To:
Cc:
Subject:
Wait, Jeff
Thursday, December 22, 2011 12:40 PM
Wiggs, Linda
Koontz, Charles; Herbert, Laura C
Yancey Co. complaint
Linda -
I got a call back on 12/15 from Bill Davis with Yancey Co. Emergency Mgmt. regarding some folks removing old railroad
tracks in Micaville on Wyatt Town Rd. and Crabtree Rd. We also received a complaint on 12/21 from a concerned
citizen in Wyatt Town about someone disturbing more than 1 acre. I'm not sure if these are related or not. I am going
to be out until Jan. 3 and was hoping maybe if you are up that way you could go by and take a look and see what is going
on. Contact info. for Bill Davis is office: 678-9463, cell: 284-0725. Thanks.
Merry Christmas and Happy New Year!
-Jeff
Jeff Wait - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Land Resources, Land Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

� 3�
jr
-- ------------- -----
I/V 4

rpr
NCDENR
MAR i 4 2012 -
WATER QUALITY SECTION
AS V1LL�R,'= :F'AO=i=ICE
North Carolina Department of Environment and Natural, Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
March 14, 2012
NOTICE OF CONTINUING VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT .
CERTIFIED MAIL - 7009 1680 0000 7515 7071
CERTIFIED MAIL - 7009 1680 0000 7515 7088
Earnest D. Petty Stephen R. Sanson
216 Vaughn Rd. PO Box 6055
Spruce Pine, North Carolina 28777 Surfside, FL 33154
RE: Project Name: Former Yancey Railroad Track Removal
Project ID: YANCE-2012-002
County: Yancey
Dear I�r. Petty and Mr. Sanson:
�On January 26, 2012 and/or January 28, 2012, you received a Notice of Violation
indicating that you and/or your firm were conducting a land -disturbing activity located on
the forg�er Yancey Railroad off of Wyatt Town Road in Yancey County, North Carolina that
was inlviolation of the Sedimentation Pollution Control Act of 1973.
follow-up inspection of this project on March 8, 2012, indicated that the violations
outline in the Notice have still not been corrected.
heville Regional Office, 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.nc.us One
NorthCarolina
An Equal Opportunity / Affirmative Action Employer ;Vaturally

VAQ
1a 6-
Incident Report
Report Number: 201102535
Incident Type: Complaint
On -Site Contact:
Category: Surface Water
First/Mid/Last Name:
Incident Started: 12/14/2011
Company Name:
County: Yancey
Phone:
City:
Pager/Mobile Phone: /
Farm #:
Responsible Party:
Reported By:
Owner:
First/Mid/Last Name: Diane Adams
Permit:
Company Name:
Facility:
Address:
First Name:
Middle Name:
City/State/Zip:
Last Name:
Phone: [phone]
Address
Pager/Mobile Phone: /
City/State/Zip:
Phone:
Material Category: Estimated Qty: UOM . Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
Bolens Creek
859 Bolens Creek Rd
Position Method:
Position Accuracy:
Position Datum:
Burnsville NC 28714
Report Created 01/13/12 04:35 PM Page 1

Cause/Observation: Directions:
Track hoe in creek. Working on ford (crossing), built a dam, Thru Burnsville RIGHT on 197 1/2 mile turn LEFT Bolens Creek 1.5 miles
widening creek. (859) Silo and barn on RIGHT. Jimmy Ray
Action Taken: Comments:
called Ms Adams 12/20, spoke for 22 mins. DWQ has no file on Call Ms. Adams before going.
Mr Ray. I told her Mr Ray is allowed to do maintenance on his
ford and if anyone is going to issue a permit for that work it
would be the COE. I told her to contact the Corp. I also emailed
the Corp for her. Does not sould like soemthing that warrants a
trip to Yancey co, but told Corp if they wanted me to visit site
with them I would.
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Water Supply Wells within 1500ft: Unknown Groundwater Impacted : Unknown
C
Event Type Event Date
Report Entered 2011-12-14 05:16:01
Referred to Regional Office - Primary Contact 2011-12-14 05:15:00
Report Received 2011-12-14 05:00:00
Incident Start 2011-12-14 04:00:00
Report Created 01/13/12 04:35 PM
Due Date
Comment
Page 2

MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 29, 2009
MEMORANDUM
TO: Melba McGee
Department of Environment and Natural Resources
THRU: Dianne Reid, Supervisor
Basinwide Planning Unit and SEPA Program
FROM: Hannah Stallings, SEPA Coordinator 14b�
Basinwide Planning Unit and SEPA Program
SUBJECT: Yancey County
Locust Creek and Colbert Creek Forest Roads Access Management Changes
DWQ#14151; DENR#09-0347
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has reviewed the subject project and supports the Forest Service's plan for
managing the Hamrick Area Access by closing Colbert's Creek Road and opening Locust Creek Road year-round, as this
alternative appears to be in the best interest of water quality in the upper South Toe River watershed. South Toe River is
classified as Outstanding Resource Waters (ORW) based on excellent water quality and supports populations of rare
aquatic macroinvertebrates, as well as hellbenders (Cryptobranchus alleganiensis) which are a species of special concern
in North Carolina. Moving traffic to a road that can sustain year-round vehicle access should reduce impacts to sensitive
--areas. -DWQ also encourages iniriimizing road -crossings and maxiinizirig sediment' grid er6siori control measures
throughout the system.
Please contact me at 807-6434 if I can be of any additional help.
Thank you.
Cc: Roger Edwards — ARO
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: 919�07-64921 Customer Service:1-877.623-6748 Nonrth C arolina
Internet) www.nnity I Affirmative
altive rg
Action
a VA(ra /ly
An Equal Opportunity 1 Affirmative Action Employer � �/ Kl `

avis, Roy
From:
Williams, Ed
Sent:
Friday, August 07, 2009 9:20 AM
To:
Edwards, Roger
Cc:
Davis, Roy; Barnett, Kevin; Haynes, Keith
Subject:
RE: Complaint
Roger,
Elbert Stamy with the Town of Spruce Pine's public works called me and stated they went out and walked the tributary
this morning (8/7/09 @ 0830) looking for possible sewer leaks or sources of fecal. He said they found no evidence of
any sewer issues.
He did say the tributary is extremely white and turbid and they walked it to the source of the turbidity, the settling pond
at KT. He described it as "the pond they use to draw water for wetting down the roads".
Ed
Ed Williams - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Aquifer Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Edwards, Roger
Sent: Friday, August 07, 2009 7:42 AM
To: Peggy Dortch
Cc: Greg Taveras; S. Todd Mickleborough; Haynes, Keith; Barnett, Kevin; Williams, Ed
Subject: RE: Complaint
Peggy,
I agree the 5 day reporting requirement is not required in this instance. Based on your e-mail with a corrective action
plan for this stormwater pond no further stream issues are expected for this location. I appreciate your quick action to
investigate and begin corrective action of this issue.
Roger Edwards - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]

V-rY
ail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Peggy Dortch [mailto: Peggy. [e-mail]]
Sent: Thursday, August 06, 2009 6:25 PM
To: Edwards, Roger
Cc: Greg Taveras; S. Todd Mickleborough; Peggy Dortch
Subject: RE: Complaint
Roger,
In response to your request to investigate a complaint you received on July 28, 2009 at 11:OOAM:
We've walked the entire tributary from the coordinates and back tracked it to the Pine Mountain general area. Located in
this area, along with other private property, is one of our stormwater settling ponds. This pond (outfall 006) combines with
other properties and mingles prior to the coordinate location on the tributary. We did sample at the coordinate area and
visually observed the same type of water that is in the photo you sent. Our wastewater lab performed analytical analysis
for the parameters (TSS, SS and Turbidity) listed in our stormwater permit.
At our Outfall 006 (Settling Ponds at Pine Mountain) TSS and SS were under the cutoff concentrations, however, turbidity
was > 10 NTU.
At the coordinate area (unnamed tributary) all parameters were under the cutoff concentrations and turbidity was < 10
NTU.
No samples were collected after our discharge area where it combines with other properties (including private property).
We do not believe we have impacted the water quality of the tributary or the N. Toe. Based on our inspection and
analysis, I do not believe the 24-hour reporting requirement applies as we no "noncompliance which may endanger or
impact the environment". I will track the incident internally and report the testing done on a DMR within 30 days as the
permit requires, however, unless requested, I do not intend to send in a 5-day written notice.
The source of the high turbidity today at Outfall 006 settling pond was a slug of solids from the mine road after yesterday's
rainfall. There was very little flow from the ponds today, estimated at < 2 gpm.
We are taking the following corrective actions:
- installing a collar on the discharge pipe of the settling pond to temporarily stop flow from the ponds.
- correcting the road line and upper staging area to minimize potential solids introduced into the ponds
- inspection and dredging (if needed) of the settling ponds
All activities will be completed as part of our BMP plan and included in the annual update.
Peggy A. Dortch
EHS Manager
Imerys - Spruce Pine NC
828-765-8956 (w)
828-467-6438 (c)
828-766-2110 (fax)
"Edwards, Roger" <[e-mail]> To Peggy Dortch <[e-mail]>
cc
08/06/2009 08:54 AM Subject RE: Complaint

roximately 11:00 AM on Tuesday, July 28th.
Roger Edwards - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Peggy Dortch [mailto:[e-mail]]
Sent: Thursday, August 06, 2009 8:35 AM
To: Edwards, Roger
Subject: Re: Complaint
Roger, we're investigating now. I'll update you with findings. Do you have the date and time of the complaint?
From: "Edwards, Roger" [[e-mail]]
Sent: 08/06/2009 07:26 AM AST
To: Peggy Dortch
Subject: Complaint
Peggy,
We received a complaint of mine waste entering a unnamed tributary to the North Toe River. The complaint claims this is
from a storage area owned by KT Feldspar. Please check the lat and long in lower left corner of the second attachment
and left me know if this is associated with KT Feldspar operations or not. If this is not related to KT Feldspar operations
any information you can provide is appreciated.
Thanks,
Roger Edwards - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.

Davis, Roy
From: Edwards, Roger
Sent: Thursday, August 06, 2009 8:17 AM
To: Davis, Roy
Subject: FW: Unnamed tributary impacted by mine waste
Attachments: mine ut topo.jpg; mine ut.jpg; mine waste1.jpg; mine waste2.jpg
e-mail and attachments per our discussion
Roger Edwards - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Surface Water Protection
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Williams, Ed
Sent: Wednesday, August 05, 2009 10:41 AM
To: Edwards, Roger
Cc: Haynes, Keith; Menzel, Jeff; Tyndall, Cathy; Leslie, Andrea; Davidson, Landon; Barnett, Kevin
Subject: Unnamed tributary impacted by mine waste
Roger,
While out at the N Toe last week 7/28/09 doing a benthic macron ivertebrate survey, Cathy, Andrea and I discovered a
tributary to the N Toe which appeared to be heavily impacted by mining waste. Starli McDowell of the Toe River Valley
Watch and Anita Goetz of the US Fish and Wildlife Service also witnessed the obviously impacted stream. The tributary
is located downstream from the open mine and storage area for KT Feldspar (see attached maps).
We took samples of the tributary at its mouth where it joins another fork (right fork), approximately 200 feet before the
confluence with the N Toe River. We also sampled the right fork to use as an upstream, unimpacted reference. Here
are the results:
Site turbidity NTU's fecal coliform
impacted tributary at mouth 178 1100
right fork (reference site) 16 370
This appears to be a violation of the turbidity standard. We also noted a light smell of domestic sewage in the water.
The fecal level indicates that domestic sewage is likely present and probably the result of straight pipes or failing septic
systems. I don't think the upstream neighborhood is served by the Town of Spruce Pine's sewage system, but that needs
to be checked on. If it is septic, I'll contact Stephen with the WaDE program and he and I can do a survey of the
neighborhood.
Thanks

-- -ems,-

55' I00.40" M I I I I I I I I 1 1 935°155' �O.g0" � I I I I I I I I 1 1 935°I 56I00.40" N I I I I I I I I I I
-
-
1 4 n�.y i; "II. rr � -•` � j ,I (I,F+�.,'_r-.
'• I rr�_....._ � �� ■'xf 1�.� '1 df�
w� y5 =�.-'_ } �, 1+�' 1
•L �Y�V/ �P � ` � i'Ad{ � � � ^ _. Ana'` ,i�/%%f}}
,✓ � � , of t.'� _••� ..r --. �--✓
�,{ +,� tr```'i, � 'r�■, .k4f� w<,Q�i-, � "�
_,•. _ d� I � � : � {"r+ _ _ t �''`'<.
" J' 1 �' .... ..y s' V
fir- ! �"' r� i � �. .?,(w
1i1. �'� .%'��r f'�". JF -�� " •• J.. �
�f ryf yr "��J�f,'f !,{1(f^ f ��r �I.f;' -a.
xJ ff�j f�! I V-5I-4 � ` f J f 1'J %�J 1I�I
." P .J, � 4 h� f +I f J
FI , f �y.•t� \+. '_+-�-� _. I �w ,,Y I4
+rY`� . ea _�;"11 F-; _ r '''�,r ' -. J
^.�rCD
d ,1 I w .,� _ * R ''max
-'�^h
��' �.i`,.} h5 �h �.�'1���'�- 1` `�V. '�'.
4 � Y`• � �'4. w, �-...��� +r�+�;�
Orr , `'! i � �i.+�._
� r�•y, / 1 •'1
� !�/ `'� 1 _ .'�o•�.J•- ��_
1. � 1 �. � -_ ..� .l, ,r;.rrm``y�y
�.w•rr•. ,,rfr�` l
' �a 4h�,r =.L.! q"'Y "•�.,�.�r'1 '�
(+Ji ''11
• `'{
_ 1 ;� ,
.•� �1; I
•may
�''.
i
N
_ -O
ca-
p
p
�
`-
� ° h
- y
,, h�
r L +y�� ! r it
,� t ''r . �``� -ate ,f,-� ,r � �
r -- j ti Y � F'r{ A
Y _�, __ , {'�`� _ ' f� r fir.-
a I i ___ f �1%.
f ■_ r: `
,'� ,.. � j'`� �--�..�'.f.', ..
�� f '� * ! ■ +, s `- ' �. '-
�� � � r �._� L_ �
r,,,'" ��- � --VV
1, +f t F
..f `--�4 `' .y�.:�."' y.�.. _ .,`'"-.,,� "'
� _ - #' j � �a"i ��v`• ~ �
•.... �^- ��. �..-- ••�J{ _ �-:y.-�{��-,-� _ �'i�
v
+ 1
•'`
'`, i
�•�
o
o
�
�I..
)y Js"
f
r lrr l' �.,.rlld/ i _..�' I �\.�. _..• �f'I ff '--
1 ; ;". _� ,�" � p.r �+`
ri � '�'• ` Y' '�. J ✓-
'i ,�,I► _
"f �„ �" 'M___ - _+E;� ,+-�:
v, � J F - ''�i 1.r •,..y♦ a'�
rr _ i=--c' �. �'1 - _ l�'h 4 � vr,� .�
�'7 _ � _ ,L,1s` _
j_
... ,r x'. _ .�...1 ,_� r.'.>�14 ^:1 w'�'l�
sr'_"� � ` 1'''� � , II�' '' �yVt 5..-
f�' ��•°'' i�. �� rt1 1.f' % .
�
.+
-
-
f
�''
�
I �f
}
l r r rl 4Y ri f r
t ' 1 R 1 k '' 4 �� � I �� w� 4
.r-V' 'h' � ► � -"�V '. I I'xa
ray'•
-
rr�` ■ �, �i, y r
✓' 'l-JP q" 'L�y��\
;�
,r'f l� - i(/i f[
_
4! t y •1° vv h r y r
�''ti �� '�1 JI �S ^sue ti,5�.y'v''1i'iy�°'��
y1+� � '�w' �y r '1 .�'`1 'r
vs .
' `�+•-�
F'S�°f,'�, - J
y. __lT'.
--��r+I� �T�S. I •.. �}.
!f a Y■ / f "ii Y
I� / � � r-• .- - Jd r i � �. 1 . .,f
-••- ` �
�+I a� __
i`'/Y .� I I
t 'k`_
x ° --'�' f w /°Y - : � � � "'�
_y;
•- - a�-�. 11 Sr,Svl'��yy"`
'� 54. 5 t ''+ v
,Yr.
'"
_ _ _
' � "� ' ,,' ,1 '�._ `'.., - t_
� yl' iy I 7 x Jr"•1+f �v� Y
r Jr n -
"i � IX _. h ram' �-'�: - �'4--_''d,
l' -nr b -". i.>_
a=�•.,i � _- __ _'', 4" x "'R'" � �v"" `
"-� • ' 1; v _ r �\
''X�=1i � '•
y ,; *f
�"'
g~�
-
- _
r+
11 �4� j a_ , y' x 'C x -' � �'R` •} h' ..
If
� _
I h4 .r•,11p1' . } 'e 1•�� � �... r
-
'.f. r }.r , "4 "L
.; r-' d +,,%''
AIL. s f + ■ y�
•rt� t.F
. l'q q
O
CQ-
` r' h I
IN
fx ti ti =��1 J-
��
-r ai f;.
�
- V 4 � '
V r ''-_ y
�'� rr•;+ .-
� •��vvtV'`vv
'4a� T_' r_',
v�
O-
cn
4 .-'
:. �
:'•`5,r i��
•. •.+ � r� I �,r � . •.�-.--
�I r� 7, _-,
I"a s''�
� z�� '1 4 t 1• -� * -` �'"
- w,
• rfxF .. `'W.I '� hY h'� y7 ti'ti tid
�'� ram' ,�y—'- } 5 ti Mk ,�,��Iti ti ,y 4 . ,4
• �
1
., , fi
-p
o,
-OD-
p
�;
'. �' s - _��. ....._
�''y � � �
iT�»-m.
a"vc.• hh V ; V. 9'r" 1}!
r� ,4•, al \ } 41
ni ° � ..'I 1, f•_ _-_......._ ppr� r-
"r�. .i�r.'
_� r}y
f/ lti .xhhlY t}y11 ��' y�,bb�,,'s.Y V4. - �,�c
w5 i } 1. 5 h� i1 y'4ti i v! �■ r
+F ". Riy}91}�"4i +.»�.�� •v9• titi, v�� �
��
s r
-
r
O
-O
OC
-
7 � '➢ i __�•�7�rrv■q
L 4,a'--._-.��h1=- — •-7r+f
r- :-- � _ - _;,'y`■ _ _
'�1�_•��+
_
I � ` - }.r'
.t�r ,fir � -..� � � ��
�/r � i }. ".4� _,�_ -..F. 9 fi I� _,. s �.
`• '
.,1��
�.-a
.• V14,14Yd Y5y'v�is.,'Sv, b`.`sS.`I•k�1.%i''�'��_`-j
1� Cr,' "-1' �* tiAi. \'�t•�. �ir� r%�}.�,'�'.j
� ' 4 jV �.r� - � �� � ` 4 � � Y1°'_'i. ''`. F
^Ly,S - �,�i�y 9.lU 4\'
`I` +
•1 -
rr _'�+ +h�
•'1
G
—_,�j�f
��
T' t
! _4V�Ah�= 'j`�- —_•T_ -- �
aY._-.
~}��f�'ti �,.
�x +� } r`yV¢'1.V �/ .. .J �1 �.^
��
I^,.1
`-
•'S �y�� �.��
1. �r rf�? ''7 5 � 1
•�'�`�i
*a_
;
_ ;1{y� _
l r
.°tit �••- f '� _ �F
,
S
1� ik _ vl ;`` "+� _ - �-
•7 -
-
-'.
1 !r4
,%+ d �d' -'i `lr-.`1 - �7'I
•"`a." _ �! '. '� � #;' 4r � `'''ti,` yj1
fr•aV y ,� h
��
i •r y'�.,' 'R•-- '
1 r 1+!'• k� - .: >t 4+� r -�� �
y •`� a,, ``' � `,
a, ai k I°'�* .,.,4s -
` A S �.IL�'a•�"" -'ti'h `.y.`
-' � 1 l +"y,� +1•
1,45
--.� r r • + '. : `5: A
_I
J�
' r•-'�
�
p
�'
- 4 ,a I ..`�� �
``�y,
r
,K�''}t ra �a►a �AaJJ a+�fi-ray I• ^- -
'r`�...•
'�' �_ _"'"1 •,�.w��,.?�'� �'' � 1'
�
�
p
o
::
•�
-I�lv.� -h_ f _ �..�ur
. t ,I A �`Y ' `� �i• - ,x�
.a_ '1ry4■ I `�>4
�r
s...`'��?Ceai�j�r�1+�}rdi}`,tlfd� • _
I
_ �1�„dl!'..,,•+.�'�
�i
< ��.,I"
...
-�
CD,A
-- y�_..,,ST-.:Tdy��
bm ' Y`�:; '"
X •..
.b:
4.. 'i ram, it'll_. i.a. {�, _
'
= A'' -� ` _ l
�.r
_`
O
r
! �^".\ �LV� y1
Fry >f i;'1t Fi i vti `� ."
1*
J i�. _. � fit_
4.�La. may,"." 1.
,
". �^ l�t+ !',f---
1�,4 � ��((
y 4 .- -1 - F� •�
T ti
" 'I
O
�' � �.-•,`*• �� - ��. ��g�, ��, �j `
t 4 '4 ■ Iri}}"" r rr a�
�i�'
tlhi
(J,
a' i r i � h `• �' !1 P .,�'�'+ °
tif�� - ;Rhl
v+..-••.�:�
J,..,h '�I%,�
+�,,.. �i
`r'�"+�� � -'" �"�- 'I:;� "':- � 14 a �, - �
ti�`y /x _
FF
4
•,`� ,`
� � f�rli f'`
�4 li• � ti
,/ - `�.3
.. �'* �� � � '/`v, �. �h
A
'� - "i✓ � 1 �J. '' 1,
��-.. �X�I I
ti_ d`. i rl `V �
;�I
I ...-,,.'�... �'ayl'°Afn � � i,�'.-•
"1 `h',`" r
cl M1-gV ^ i A � _
� � . - ti � "+.: } � �
..�
'. - -�?
_.��+,,-
A4� 'l_ 6
/ / � - �� h
� "�,
� 4 1 / 1
�' f . r1i 49
~'' � I 1 I ��• ..
•� 4 !� ,xl
� �� I � tfi,4Si rv�;
fiR ;. L{'��
�_ 1 r a l i
p
55' 100.d0" � 1 1 1 1 1 1 1 1 1 1 635°155' 130.d0" N I I I I I 1 1 1 1 1 635°156' 100.d0" t 1 1 1 1 1 1 1 1 1 1 635°156' I30.60" N

Wolfpen Sewer Extension
May 1, 2009
Henderson
HENDE-2009-016

IF
Mr. Chuck Cranford
Division of Water Quality
2090 US HWY 70
Swannanoa, NC 28778
Chuck:
i F11%
L O C T 14 2008
WATER QUALITY SECTION
ASHEVILLc RE ,O^,P,L OFFICE
I received your letter dated Sept. 19t' 2oo8 indicating there might be a possible impact
violation of 315 feet along the cane river and 200 feet along long branch creek. Thanks
for your help in clarifying a number of questions I had during our phone call on Sept. 29.
As I indicated we only do a maintenance project like this once every 10 to 15 years and
it's hard for small property owners to keep up with the regulations.
This response is a little lengthy but it is important that you have all the facts, so please
bear with us.
First let me point our that this project did not include any new road construction. For the
most part we simply re -graveled an existing private drive way. Other than one small
contractor error, no material was placed along the river or creek bank. We have inspected
the river and creek banks on several occasions and found them to be essentially
unaffected and totally stabilized. The road has been re contoured in a few key spots so
that all run off of silt or rocks now runs on the inside of the road away from the river and
creek which is a huge improvement to the environment along the river and the creek. In
addition all the areas where we worked have now been re -vegetated, mulched and silt
fences put in in areas where there might be any chance of water run off. The area now
looks great and functions properly.
The following information will explain why we thought we had prior authorization and
that no permits were needed. The road in question is, and has been, a private drive shared
by three land owners as a right of way. The drive was in fairly good condition but in need
of a new gravel top coat. Prior to starting our maintenance we talked to the N.C. Dept. of
Natural Resources to see if any permits or authorizations were required. We were
informed that if we were not working within a 25 foot buffer zone of a waterway or
disturbing more that an acre of land we would not need a permit. We never got a clear
understanding of what constituted "disturbing" but we assumed things like constructing a
brand new road. We did inform them that our plans were to put gravel on an existing
road bed and there seemed to be no disagreement that this would not meet the definition
of "disturbing" and shouldn't need a permit. No graders or bulldozers were ever use on
the property; for the most part we simply filled pot holes with a small track hoe and put
new gravel down. in the one small area where we later discovered that we needed to
widened the road our contract called for the "removal" all the material (see contract).
Based on this contract you can see why we again felt comfortable that we were operating
within the guidelines we had been given.
After the project started our contractor discovered that there were two small areas that

OF
needed more work. One area was a small rock knob near the entrance of the drive that
needed to be removed and the other area was where the road turns to go east. The slope
was unstable in a small area here and we needed to widen the road several feet back into
the hill side (see map.). Because we were dealing with a rocky hill side these sites would
need to be blasted. Again, we felt we were ok to proceed because these areas where small
and there would be no where near an acre of land disturbed and we were well outside of
the 25 foot buffer zone. Attached you will find a copy of our contract for the blasting and
"removal " of the rock material. As you can see the total blasting cost were $4000
($4000 for blasting and $1000 for rock removal). I am sure you realize you will not get a
lot of area blasted for that type of money. The holes, which cost on average $100 each,
were drilled 2 to 3 feet into the hillside about one to one and one half feet apart. These
close blast holes were used to fracture the rock more so that most of the material would
be small enough to be used as road bond and save us money having to haul in fill. As it
turned out we still had to haul in about 3 loads of road bond in this area. This is
important, because we sure wouldn't be disposing of rock and fill in the river or river
bank when we were paying to haul it in. Anyway, if you do the math on the drill holes
this means we moved material from an area only 40 to 60 feet long. The point here is that
there was simply not a lot of material available to be moved, and we had a need for most
of it as fill around the blast site. The knob at the entrance took four holes and removed
stone from an area less than ten feet long. The property owner, Mr. Murphy, was on site
for all of the blasting and can attest to the fact that all of the blasts were hooded and that
none of the material from the blasts ever crossed the width of the road.
We don't think there is any way we could have impacted approximately 515 feet of river
bank or buffer zone. In fact 515 feet is about the total frontage we have on the river and
creek combined, so that would mean that we impacted nearly 100% of the area. Here are
the facts why that is not possible:
1) As indicated NO graders or bulldozers were ever used and hardly any material was
either removed or moved on 90% of the road. We used a small track hoe to fill pot holes
and put fresh gravel down. Because we were not moving or removing any material there
was nothing available to get into the buffer zone in over 90% of the area where we
worked. I personally watched the contactor prepare the road over several days. When
filling pot holes and washed out areas he would hit an occasional rock. In these cases he
would place these rocks on the side of the road - and those rocks were few and far
between.
2) Of the 515 feet that parallels the river and Long Branch creek nearly ALL of the area
is well outside the 25 foot buffer Zone. The one small area near the buffer zone is located
where the large culvert allows the road to cross the creek (see map). For the record we
did not install this culvert in fact it has been in place for over 20 years. In this culvert
area we only filled pot holes and put fresh gravel down, no grading or clearing of any type
was done here. We did notice some rocks and silt had entered the buffer zone in one
small area as the result of a large rain storm that washed away our re -vegetation and
mulch before we had a chance to get our gravel down. As soon as we became aware of

IF
this problem we put in more vegetation and mulch and constructed silt fencing to stop
this from happening again (see photo). The area now looks great and is totally stable.
The area where our drive parallels the river side is anywhere from a minimum of 75 feet
above and away form the river at the closest point to nearly 300 feet where the road turns
to parallel Long Branch creek. The area we blasted, and had any material to move, was at
this farthest point from the river and creek (see map). It would be virtually impossible
for any material to move 200 to 300 feet down through a preexisting rock field into the
buffer zone or the river.
3) As mentioned, the area where we did 95% of the blasting and had any material to be
moved (the 40 to 60 foot area) is at the furthest point away (300 feet) from the river and
the creek buffer zones. Even if the contractor some how found a way to transport 100%
of the material 300 feet down to the buffer zone (which would be impossible) he
wouldn't have had enough material to impact more than 40 to 60 feet of the zone because
he simply didn't have that much material available to move - and that is not what
happened.
The critical fact here is that when we questioned the contractor about the material from
the blast area he told us that most of it was small rock he used as road bond to fill
depressions in the road and to contour the road so that the water runoff would stay on the
uphill side to eliminate any future road wash out or erosion. This was easy to verify by
looking at the new contour of the road. He also indicated he placed some of the larger
rocks on the road edge across from the blast area to hold the bank in place and serve as
support for the road bond. We checked out the contractors work and he was correct; most
if not all of the large stones are placed along the slope across the drive from where he
blasted. You don't need to take our word, those rocks are still in place and visible today -
and if they are where he said they are, they can't be in the buffer zone or river nearly 300
feet away. To make doubly sure the contractor caused no problems here, we went to that
area and tried to roll a couple of the larger stones down the slope to see what would
happen. These stones got hung up on the existing rock fields on the slope after moving
only about 20 feet, which is further indication no silt or rocks could possibly have moved
250 to 300 feet into the buffer zone.
4) Mr. Murphy went down and walked the entire shore line paralleling our drive on both
the river and creek. Most of the work was in this area was completed in Feb. and he did
two inspections, one in April and again in June. As you know this is no easy task because
this is a very inaccessible area and extremely rugged. You can't even get to the river from
our road because of the tough terrain, you need to go up river nearly 1/4 of a mile and
walk back. To our knowledge he is the only one who has actually struggled through this
and walked the entire river and creek banks. His findings, out side of one area we will
discuss next, was that there was ZERO silting in any of this buffer zone. He also said he
could find NO evidence of any new rocks in the river or anywhere on the river bank
where he walked. Mr. Murphy indicated he would be willing to walk this area with any
of your representatives to re -verify his findings. This is critical because it would be very

OF
difficult is to see what if anything has happened to the river bank when viewing this area
75 to 300 feet away looking down from the drive.
5) As we mentioned there was one small area near the entrance to the road where we
removed a rock knob. This took only 6 blast holes and the contractor used the small
material as road fill and had a small pile of rocks we estimate 25 to 30 left over (probably
a dump truck load) we were assuming he was going to haul this away per our contract
with him. One of the things you probably are not aware of was that the area directly
across from this site is, and has always been, a 100% rock field from our drive down to
the river prior to us doing any work there. Rock slides caused by mother nature are fairly
common here. While we can't prove it, we strongly suspect the contractor felt no one
would know if he put those stones there because it was already a solid rock field. Due to
the spring floods, we weren't able to get down there immediately to verify what we
suspected he might have done. When we were able to review the area a few weeks later
in April, we found no evidence of any silting and we found no new rock had entered the
river and the bank was totally stabilized. However we did find evidence that some new
rocks had tumbled down this slope recently and counted 5 or 6 rocks actually in the
buffer zone but none in the water. The contractor claimed this was a natural rock slide
that happens all the time here. Once we became aware of this potential problem we fired
the contractor.
We feel that before anyone could make a determination if any of our maintenance work
could have possibly disturbed the buffer zone, they would have to have a clear picture of
what this topography looked like before our work began. The reason we say that is that
this area is, and has been since the State/county and previous owners put the road in years
ago; one large rock field from the road down to the river and creek. In addition to the
slope ranging from 100% rock in some areas to 60 or 75% in others; the entire river bank
and the buffer zone area along the river are nearly 100% rock the entire length of the river
in this area and most of the creek. The reason is that this portion of the drive is on a fairly
steep slope where the river makes a bend before it goes under the bridge (see map).
Every year spring floods deposit a few new rocks on this turn area. However, the key
change has been the two 100 year floods over the past 8 years. These flood waters where
so high they it actually went over the bridge. The result is that these floods have
deposited large rocks well over 20 feet deep in most areas along the bank. These rocks
now form a natural rock barrier along the river bank against annual flood water erosion,
and also serve as a shield against any rock slides mother nature may send down the
slopes. Our inspection of this area indicated the rocks deposited by the floods are very
tightly wedged in and there is absolutely no instability what so ever in the entire bank
area. In fact the bank area here is definitely more stable here than anywhere else along
the river or creek.
Further proof of this preexisting rock field topography and natural rock bank formation is
in the attached satellite photo of the area which I obtained from Yancy County before I
purchased the property in 2007, and long before our resurfacing project began. Back then
the property was listed under the name of Poling as you can see in the photo. The circled

OF
area shows the rock fields clearly. I can get a further enlargement of this area if
necessary. Also enclosed is a picture I took from the bridge of the general area
paralleling the river when I was with a realtor before I bought the property in 2007. The
second picture is one taken from the same general area by our contractor after completion
of our work in Sept. of 2008. As you can see there is absolutely no difference in the
appearance of the river or the river bank.
The point we are trying to make is that because of the nature of the slope and impact of
prior work done here by the state/county and previous owners, it would be very difficult
without prior visual knowledge of the area to make any accurate impact decisions.
Because this area looks like a huge rock field and it would be easy to jump to
conclusions. In summary the road now looks great and functions properly. We ask you
to please re-examine your conclusions now that we have had the opportunity to explain
the facts to you in detail. We have provided proof that it would have been impossible for
us to disturb the environment to the degree indicated. Of the two incidents where our
work came up a little short of our expectations; one was caused by mother nature in a rain
wash out that overwhelmed a very small area of our preventive measures; it caused little
if any damage and was quickly corrected. The second we believe was a contractor error,
which we suspect but can't prove, which may have accounted for a handful of rocks in
the buffer zone. The bottom line is that we are very environmentally conscious and the
real value of our property is our proximity to the river; we would be fools to allow anyone
to harm this in any way. We are truly sorry if there was any misunderstanding about the
need for a permit, but we called the State for help before starting our work and did our
best to interpret the advise we received. We and not developers, just simple land owners
trying to access our property so all this is very new to us.
The address you have for me is not correct, that address is only used for purposes of
paying property taxes. Please send any further correspondence to me Tom Heber, at 3
Vilano Court, Palm Coast, FL. 32137. Phone [phone]. Please call me if you have
any follow up questions on anything covered in this letter, and thank you for taking the
time to here our position.
Sincerely
"�OYw
Tom Heber
Oct. 6 b , 2008
Cc. John Hennessy
NPS Assistance and Compliance Oversight Unit
1617 Mail Service Center
Raleigh, NC 27699-1617

�- CTL M

98920067�1956000 r
f CANNON FORD
t.989200576812000 B143/P4d10
COOPER WADE.
11 acres
`
s= 98920057.3805000
tt MGTAGGF 2T BRUCE T n
+ I B185/P73 03001 0027
fx a0.68 acres
B47 7P737 03003 00875 a
2 acres sP a
03.0('3 i00881
r 74
E
I 989200576691.000
lit I' 1 WEAVER'CLAUDE & BETTY
992005706 �40D0 y , , fi ,I, , B420/P40.
a 1 }� ' MURP Y FCLEN DWARDS r, 0 6'acres
F�°rzB9 89lP2 i - , M' ti." 03003 008731 r
r 47 13003`'i0088
989200576298000 .
a -MAGID LINDA JOYCE: o
B360/P86
1 acres ? #
03003 00872
9�8920D67 187 00'�
'CANNON DE IS "ME
"gjl, �► 4 c , 624 7/R49.8
989200577046000 �1 9 acres
989200472052000 BRADFORD JAMES ADA��. '•,03001
BAILEY ROSETTA LIFE ESTATE B340/P70
B272/P321 0.5 acres
27 acres 03003 00871
03004 0107
—,w. .r-. ._ _,-�..-. _" t N : - +t�-v.r. ` �. ,.- _ .s �.,•,,,�—L.., i 1. 1
9892C1'0'563393000
POLING MV_LVdN D & NANCY B a ��, /i•
B470/Pl33
• 29.09 acres
03003 9087 � � +�' ' 989200666022000
�Jq f ENGE'LEN CHARLES
i s B531IP746
F 17.84 acres
03002, 0030 `..
989200348791000 ^' l �l ' I
;;t .', � �• � 989200654245000
IR.. NDOLPH JAMES TURNER & CALLIE - �'
ti RANDOLPH GERALD K♦=1TH
,B'128/P 172
i x � �. &RAREN i
25 acres j - �l i� l` B190IP717
-03004 0109 y " 26.1 acres
03002 0031
`Y 98920.0:5429420.00 l;
w IC / „ MILLER JUDY. BAILEY ETAL 4 i
'B31;0%P458 r.
`` S a 26 acres
03003 0086SIR

�s LB
zSY�
I

Chuck:
Per our phone conversation on Sept. 290', the pictures stapled together were taken in June
of 2007 and were transferred to my computer on 8-10-2007 long before we started our
road repairs. The transfer records from my camera to the computer can verify this and
can not be altered after the fact. Unfortunately I can't get the computer to print the dates
on the back of each picture. However, if you need any further verification of these entry
dates I will hire a computer expert to try and figure out how to print out these dates.
In any event I made one glossy picture taken from the bridge which is nearly a duplicate
view to the one taken by our contractor on 9-18-2008. I can blow these pictures up more
if you would like, but even with the 4 x 6 pictures it is possible to almost count each rock
and conclude that there has been no change to the river or the river bank. These pictures
cover 100% of the cane river bank adjacent to our property.
i
4�CT 14 2008
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
Chuck:
Please treat this final note as "off the
Record". We worked hard to do th,
Right things and follow the rules, and
Made a strong case as to why there
Should be no fines.
What you don't know is that we had to
Borrow all the funds to re
We are small owners and'C
Lot of resources. Please do w t o yu
Can to help us hold on to our land - this
Means a lot to our future. Thanks for
All your help so far.
Tom

700242
'yEf"r
'a'po 8

001
V,A

S l�l � +i B t ! � r �11t �•� � -�
i � ,x- .✓` � I,fl F �I
✓!� �� a � , '*#sue � -.:-tiy}'� �_ �' / '- �.� a ..�. -.� yg_� s ~ L�`E �5.i„"!
,T 1 . �. - �+� + � , r '�1f��, I,Q�,Ij-€,t n '�r�>� 1 `•' ; ''�' It '�i �m`�` r � ais""`s � '� i +F°.
� t f x `yj�j�1 ggpp9.'�"'�A '. I r• �y ,"' � I �`� / rl!. c 3 �+'r
r. 4r r4 e5.
Aft I
jig
AMU
a' t

Michael F. Easley, Governor
t William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O�O� W AT
� , r
EHLE COPY"
SURFACE WATER PROTECTION
September 19, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8190
Thomas Herber
Post Office Box 1529
Elyria, OH.44035 . .
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2008-WQ-0081
Removal of Best Usage
Herber Property
Yancey County
Response deadline: October 18, 2008 or 15 days from receipt
Dear Mr. Herber:
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
On August 21, 2008, Chuck Cranford from the Asheville Regional Office of the Division of Water
Quality (DWQ) inspected a project along Highway 19 West in Yancey County. The inspection
revealed land disturbing activities taking place.
The purpose of this letter is to inform you that violations of water quality standards were noted
during the inspection. It is our understanding that you are responsible for the. subject land
disturbance.
VIOLATIONS
I. Removal of Best Usage —15A NCAC 02B.0211 (2) — Approximately 315 feet of the Cane
River (Class C-Trout) and 200 feet of Long Branch Creek (Class C-Trout) was impacted by
the placement of fill (boulders and rock) in the stream channel, representing water.quality
Stream Standard violation of 15A NCAC 02B .0211 (2).
REQUIRED RESPONSE
This Office requests that you respond in writing within 15 days of receipt of this Notice. Your
response should be sent to the attention of Chuck Cranford, Division of Water Quality, 2090 US
HWY 70, Swannanoa, NC 28778 and John Hennessy at the Wetlands and Stormwater Branch,
NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-
1617. Your response should address the following items:
Noce hCarolina
Na&llally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

Herber Page 2 of 2
September 19, 2008
I. Removal of Best Usage —15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without prior authorization.
b. Please provide the following:
• Bank stabilization — Explain how you plan to stabilize the fill materials (rock
and boulders from road construction) placed along the bank of the Cane River
and Long Branch Creek so as to prevent any further introduction of rock to the
stream channel. Replanting of the riparian zone will be required.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. These violations and any future violations
are subject to a civil penalty assessment of up to $25,000.00 per day for each violation.
Should you have any questions regarding these matters, please contact Chuck Cranford or myself
at [phone].
Sincerely,
L E
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: . John Hennessy — NPS Assistance and Compliance Oversight Unit
DWQ Central Files
Division of Land Resources
G:\WPDATA\DEM WQ\Yancey\Complaints\Herber\NOV-2008-WQ-0081.doc

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
August 18, 2008
NOTICE OF VIOLATIONS OF THE:.,..,
SEDIMENTATION POLLUTION CONTROL—°ACT
CERTIFIED MAIL-7005 1820 0002 9207 1570
RETURN RECEIPT REQUESTED
Equity Trust Company
Thomas Herber
Post Office Box 1529
Elyria, OH 44035
:I1 1E C
1LI-� i
�. `i AUG 19 2008
6'AT7ER EUALITY SECTION
ASHEV! IO^ NAL. O
ILLE REFFICE µ
K
RE: Project Name: Herber Property
Project ID: YANCE-2009-002
County: Yancey
Compliance Deadline: September 8, 2008 or 30 days from receipt
Dear Mr. Herber:
On July 29, 2008, personnel of this office inspected a project located on 19-W, Burnsville in
Yancey County, North Carolina. This inspection was performed to determine compliance with the
North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed a land -
disturbing activity of approximately 0.35 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the Act,
G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel
that you are not responsible for the following violations, please notify this office immediately.
The following violations correspond to those outlined on the attached Sedimentation Inspection
Report. The violations that were found are:
2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone [phone] Fax [phone]
www.enr.state.nc.us
An Equal Opportunity / Affirmative Action Employer
NorthCarolina
Naturally

Notice of Violations
Herber Property
August 18, 2008
Page 2 of 3
5f. Failure to take all reasonable measures to protect all public and private property from
damage by such'land-disturbing activities. 15A NCAC 4B .0105. Sediment and rock has
entered Long Branch Creek (Class C-Trout) and the Cane River (Class C-Trout) from
road clearing and grading taking place on the tract.
5g. Failure to retain along designated trout waters a buffer zone 25 feet wide or of sufficient
Width to confine visible siltation by natural or artificial means.within the 25 percent of that
portion of the buffer zone nearest the land -disturbing activity, whichever is greater. G.S.
113A-57(1). Buffer area along Long Branch Creek (Class C-Trout) has been
disturbed for 351 feet, and 242 feet has been disturbed along the Cane River (Class
C-Trout) as a result of road clearing and grading.
5i. Failure within 21 calendar days of completion of any phase of grading, to plant or otherwise
provide exposed graded slopes or fills with temporary or permanent ground cover, devices,
or structures sufficient to restrain erosion. G.S. 113A-57(2). Sediment and rock has
damaged Long Branch Creek (Class C-Trout) and the Cane River (Class C-Trout)
from road clearing and grading taking place on the tract.
To correct these violations, you must:
Obtain a trout buffer waiver from the Raleigh Central office before any more road clearing
or grading can take place.
2. Install any additional measures necessary to restrain erosion onsite (ditch line, berm, water
bar, silt fence, etc.).
3. Provide 25 feet wide or of sufficient width to confine visible siltation by natural or artificial
means within the 25 percent of that portion of the buffer zone nearest the land -disturbing
activity, whichever is greater.
4. Establish a groundcover on all bare soil that is sufficient to restrain erosion onsite.
Please note that merely planting grass seed does not satisfy the requirements of "vegetative
cover" or of "ground cover sufficient to restrain erosion." These requirements are not satisfied
until an adequate cover of grass or other ground cover (such as properly applied and secured,
mulched seeding or appropriate rip -rap) is established which is, in fact, sufficient to restrain
accelerated or man-made erosion.
The violations cited herein may be referred to the Director of the Division of Land Resources
(Director) for appropriate enforcement action, including civil penalty assessments for an initial one -
day violation and/or a continuing violation. The penalty for an initial one -day violation may be
assessed in an amount not to exceed $5,000.00. The Division of Land Resources is not required
to provide a time period for compliance before assessing an initial penalty for the violations cited

'rr'
e of Violations
Herber Property
August 18, 2008
Page 3 of 3
herein. Please be advised that a civil penalty may be assessed for the initial day of violations
regardless of whether the violations are corrected within the time period set out below.
In addition, if the violations cited herein are not corrected within 30 days of receipt of this notice or
before September 8, 2008, whichever term is longer, this office may request that the Director take
appropriate legal action against you for continuing, violations pursuant to NCGS 113A-61.1 and
113A-64. A penalty may be assessed from the date of the violation; pursuant to"NCGS 113A-
64(a)(1), and for each day of a continuing violation in an amount not to exceed $5,000.00 per day.
Please be advised that any new land -disturbing activity associated with this project should not
begin until the area presently disturbed is brought into compliance with the Act. When corrective
actions are complete, you should notify this office so that work can be inspected. You should not
assume that the project is in compliance with the Act until we have notified you. After installation,
all erosion control measures must be maintained in proper working order until the site is
completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be
sent to you upon request. Should you have questions concerning this notice or the requirements
of the Act please contact either Katherine Marciniak or me at your earliest convenience.
Sincerely,
Janet S. Boyer, PE
Regional Engineer
-Land Quality Section
Enclosures: Sedimentation Inspection Report
cc: Gray Hauser, PE, State Sedimentation Specialist
CRoger_Edwards--Regional Water Q_uality-Supervisor,

Land Quality Section: 2090 U.S. Highway 70, Swannanoa, NC 28778, [phone]
County: Project:, OWe A V E(L ` YWR" River basin: �$
Person financially responsible: P%0lYllrr�� C. i2$E/z— Project # Q W1P44�n/%
Address: PJ4 BOx' y r/,q , 4/ / yV,0 � Case #
1. Project location: M— /7- kv
Pictures: No: ❑ Yes:Y Prints: ❑ Slides: ❑ Video: ❑ Digital:
2. Weather and soil conditions:. D� . �Ol L WET
3. Is site currently under notice of violation? Yes: ❑ No:
Initial inspection: Yes: ❑ No: X
4. Is the site in compliance with S.P.C.A. and rules? Yes: ❑ No: [� If no, check violations below:
5. Violations:
❑ a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.0 413.0107(c)
❑ b. Failure to follow approved plan, G.S. 113A-57(5)
❑ c. Failure to submit revised plan, G.S. 1 13A-54.1(b) and
I5A N.C.A.C. 413.0118(a)
❑ d. Failure to provide adequate groundcover, G.S. l 13A-57(3) and
15A N.C.A.C. 413.0107(b) or 15A N.C.A.C. 413.0124(e)
ie. Insufficient measures to retain sediment on site, G.S. 1 13A-57(3)
f Failure to take all reasonable measures, 15A N.C.A.C. 413.0105
g. Inadequate buffer zone, G.S. 1 I3A-57(1)
❑ h. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15A N.C.A.C. 413.0124(d)
i. Unprotected exposed slopes, G.S. 1 13A-57(2)
❑ j. Failure to maintain erosion control measures,
15A N.C.A.C. 413.0113
❑ k. Other (describe)
6. Potential NPDES Permit Violation? Yes: K No: ❑ Describe: :FA4 4" TV TLE (lilj Cft5ko-ES
7. Has sedimentation damage occurred since last inspection? Yes. If yes, where? (check all that apply) No: ❑
Lake/natural watercourse on the tract: Lake/natural watercourse off the tract:X Other property: ❑
Description• M43 W4SHED W470 7XIa 7a OiWeF RVR //J M1IL7/P6E 4-06+7-10 S
Degree of damage: slight: ❑ ` �m�odeer�rate,, : ❑ Elsevere :
8. Contact made with (name): CW Ti4GT Title:
Inspection report given: ❑ or sent: y to person financially responsible. Date given/sent: JA1d
4. Corrective actions needed:
I6,0TWJ 4 TY wr U of TkE t6fi C6WJ-rg'fL Olr-F7ICC
P-tR2F A V MOR-C FOh-b a9tr (��fuNf7 6 04AJ 77WE
MD P1v Eft-*f 7-11 -T 6 ,$'u�C�E�✓T 70 AFS -174,4 i✓ C-Ros1 o.✓
10. Comments: eAlyl> p�STke/3,q.�ye�E e� Aaffeg D15- Z//r5,4A/C6 /1' 0tW,QE� �& y
t4ff EE` — Mi9a e47VP IYA5 3MV U5'Tti?6EA 511yC r 1:�vlo us
I'. NSWC Tl on/ — Two' Ae ,, 5 6F 77yuT 5&FfM bls Tog�3 IulCF
p��v r --a UPPETzleWc�-
AC-r/ v 1-r/ Es M 0S T CEffsoF ty,✓7'1L OaAP&P- V,01-j21,o0M/cF /S

wppr'and
�
Tax Report
Account Information
2008 Tax Evaluation Info
PIN: 989200563393.000
RESIDENTIAL
Deed: 549 - 699
Land Value: $226,500.00
Deed 20070326.00
Building $2,610.00
Date:
Value:
Property Location
Total Acreage: 29.09
NCHWY 19-W
__ _...... ._.
Owner Information
Total Value: $229J 10.00
EQUITY TRUST COMPANY
Sale information
CUSTODIAN
FBO THOMAS C HERBER
Sale Date: 20070326
IRA 470908
Sale Price: $240,000.00
Sale Type: LAND + BLDG
P O BOX 1529
ELYRIA, OH 44035
Structure Description
Year Built
1930
Style
Num Buildings
1
Story Height
Total Living
720
Ground Floor Sq
Area
Footage:
Rooms
5
heat/ac
Bedrooms
2
Heating
Full Baths
I
Fuel
Half Baths
0
Ext_walls
Basement
PARTIAL Attic
Rec Room
0.00
Zoning
Additional Information
OTHER Addition SgFt
I EP 90 '
OFP 270
720
BASIC
HOT
AIR
GAS
FRAME
NONE
Page I of I
http://yanceycountync.gov/gis/TaxForm.aspx?ID=989200563393.000&FEATTYPE=RESI... 8/5/2008

Land Quality Section: 2090 U.S. Highway 70, Swannanoa, NC 28778, [phone]
County: Project: ONE Fyy E2 — ROR" River basin:
Person financially responsible: Pj f 0l'Y er C• k&gs Z Project # 0jw1FrMAJ7
Address: f 4 SOX Z-5�1 .1 a YF/,q 7 a,y yCMNS- Case #
1. Project location: /V(- { V
Pictures: No: ❑ Yesl Prints: ❑ Slides: ElVideo: El Digital: X
p
2. Weather and soil conditions: kitty - D� . -5011- — V VT VAMP
3. Is site currently under notice of violation? Yes: ❑ No:
Initial inspection: Yes: ❑ No: X
4. Is the site in compliance with S.P.C.A. and rules? Yes: ❑ No: YP If no. check violations below:
5. Violations:
❑ a. No approved plan, G.S. 1 13A-57 (4) and 15A N.C.A.0 46.0107(c)
❑ b. Failure to follow.approved plan, G.S. I I3A-57(5)
❑ C. Failure to submit revised plan, G.S. 1 13A-54.1(b) and
15A N.C.A.C. 4B.01 18(a)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A N.C.A.C. 413.0107(b) or 15A N.C.A.C. 413,0124(e)
ie. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
f Failure to take all reasonable measures, 15A N.C.A.C. 413.0105
ry Ldkj g. Inadequate buffer zone, G.S. 1 13A-57(l)
❑ h. Graded slopes and fills too steep.
G.S. 113A-57(2) or 15A N.C.A.C. 4B.0124(d)
i. Unprotected exposed slopes, G.S. 1 13A-57(2)
j. Failure to maintain erosion control measures,
15A N.C.A.C. 413.0113
❑ k. Other (describe)
6. Potential NPDES Permit Violation? Yes: K No: ❑ Describe: :FA4 U TO -rh,C(F M ff5WtfFS
7. Has sedimentation damage occurred since last inspection? Yes If yes, where? (check all that apply) No: ❑
Lake/natural watercourse on the tract: Lake/natural watercourse off the tract: Other property: ❑
Description: Efgs M+&HFD ffi/`70 -Ma) 7'0 OIW67 )ZVR 14 M141-7/aL E LpC}-TI V A/S
Decree of damage: slight: ❑ `, moderate : ❑ severe : 1-1
8. Contact made with (name): t b Cw TAcr Title:
Inspection report given: ❑ or sent: to person financially responsible. Date gi%cn/sent _ d
Corrective actions needed:
2 l NST-XLL 44VY MCASu514RY 7b 915�-ZRAAI 5&o5i0,1
Tz� Dt zr-Hc r-am,Gu -slcr M/CE .
3 c-1 s c N &LSA-PE SOIL
ff-6�7- MuS-r 36 'eE7AInJE N6 IWC— Cf06'9
�U D ?A V E1--> *W 7 6r4-r 45 Sa-,Vr1C/ Ei✓T V F--F5 774,4 /✓ 6ieoS 1 o ,'-1
10. Comments: 4AAID DIS7-c raigwec ¢ NaF&--7 b1'57uK674A/C6F /NE$URCE > jj y
W ff EEL — Mi9F-E 44WP /Yfi S ,8MV P5TtiP6EA s'/NC F
l NSWC Tr on/ — I-Wf /teN 6F 7 Eaar- 6&frep D/s T *P—,j3��CF /heE
AGTI V i Ti Es M 14S T CE7 5iF 4•✓7'1L OarP&P- V-0LR1,*l/cF /S

X
I

Re: fill in Cane River from driveway construction/blasting
Subject: Re: fill in Cane River from driveway construction/blasting j
From: Linda Wiggs <[e-mail]>
Date: Tue, 12 Feb 2008 09:17:57 -0500 f
To: 'Baker, David K SAW" <[e-mail]>
CC: David McHenry <[e-mail]>, Bryan Tompkins
<bryan [e-mail]>, Steve Fraley <[e-mail]>, TR Russ
<[e-mail]>, Jake Rash <[e-mail]>, Bob Brown
<bob. brown@ncwildlife. org>
Hi Dave,
FYI, DLR and DWQ will likely be producing NOVs for this site, you should be cc'd on
them. Here is the contact info I have thus far:
Landowner -Tom Heber (386)-569-9820
Contractor -Dan (828)-385-1047
Thanks Linda
Baker, David K SAW wrote:
Dave- I believe this is the same site that Bryan sent photos of last week. Does
anyone know who the contractor, landowner, developer, etc. is?? If I can get
some contact info I will get in touch with them ASAP. If not, I will be meeting
with Cliff Vinson (NRCS) later this week. Maybe he can provide some information.
------------------------------------------------------------------------
*From:* David McHenry[mailto:[e-mail]]
*Sent:* Monday, February 11, 2008 3:31 PM
*To:* Baker, David K SAW; Linda Wiggs
*Cc:* Bryan Tompkins; Steve Fraley; TR Russ; Jake Rash; Bob Brown
*Subject:* fill in Cane River from driveway construction/blasting
David and Linda,
Please see attached photo (Thanks Linda) where road construction has filled some
of the Cane River near Long Branch, which is about half between US 19 and
Nolichucky. I believe this is critical habitat reach for Appalachian elktoe. I
understand from Linda that Division of Land Resources is involved with this.
Blue granite on the other side of the river has markings of possible EWP
project. Please let me know what follow-up your agencies take on this and I
would be glad to offer any assistance I can provide.
Thanks
Linda Wiggs - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
1 of 2 7/24/2008 10:49 AM

Re: fill in Cane River from driveway construction/blasting
Linda Wiggs <Linda.Wiggspncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
2 of 2 7/24/2008 10:49 AM

114
Location
Project / Client
Date
Jo
Location
Project / Client
Date
115
I I �
fi
�
a
/tJ I
r3 �
�
I o�,
�
Of
� I--
,�
D
A�r rl
Ov--/
A/
L3

112
Location Date
Project / Client
zd
y
YIJJ
C i f
I
�
/5) -
Location
Project / Client
Date
I
'
!
! I
I
I
I
-
�`
N�Gv
1V
v>r�Y'T+?Tr
j
i
r -

r�
' r
..V "� .,'�"' Ia * °" ' � � `�� •v+t+PG' w"e:w ores �:iw,.. . ''i!i.

t

`,��,,. ��-� ._ .tea+•"` r � '<- t .
�'_" ~+�.. �r � V1 VAS .�2 � �i �e.n •� � �LI`n `- s

I v
JL,

A
V,

� r
.. � �.rd.•M.N F ,'�Q/ '..Cape � h 'f v h^ .., ��
iF ' .ri F,;. - "'� d'F b'~ Y f Y .l 14'y f+• - m
`� } -tl�x R,t� �� �'ti'�`Wy1'. '3� 751� f�`si sc<�R x�� r t i �.7 ,N�.'• ' r �

1' q
h
T•
.t
i�

Yancey County, NC Tax Department GIS
Page 1 of 1
Yancey County, NC, Home of Mount Mitchell
E �,
Zoom In Zoom Out Pan County Previous Identify Measure Select
Search for a Parcel I Manage Map Layers I Show Results Panel I General Help
El 4Cl
http://yanceycountync.gov/gis/
8/5/2008

. ....�' ,r ..;ark• f ; . _ ,
��� -`� ,''"� y��,,`"''P` ��; , u-`' . �,y ,ram-;+ 'f+iL,;•'� r • -' - � ;. � `

0
I
w 1
11011.
�
(� -3`7 - -3

kee
PPS7.bJe.ct.:,',0ewage leak-cherokee
nda Wiggs <[e-mail]>
Date: Fri, 13 Mar NO 12:06A , -0400
To: Roy Davis <[e-mail]>
Hi Roy,
Yesterday while meeting for a 401 application to install a culvert I found a considerable sewage leak. 1 contacted Ralph.Tumer ( I believe 1 got that name right -he is with
the Town of Murphy) and he came out to the site. The line is a lateral line that is leaking, see attached photo, directly into a UT to Hiw in the Town of Murphy.
The leak is located behind the old funeral home (the pretty white building with big columns) along Valley River Rd.next to Philip 66. Mr Forrister owns this land and
building, where the line is leaking. He is also one of the applicants for the 401, he was not at the meeting but one of his associates was onsite ( Scott Fletcher) and I told him
he would need to fix the line. Not sure how you want to proceed, but can you see that it gets fixed, it is really nasty!! I have more info if you need.
thanks linda
PS I don't know if the 401 application will proceed, in order for them to put this culvert in they will have to replace the old teracotta mainline sewer and install a
manhole ... very expensive culvert installation for a parking lot.
Linda Wiggs - Linda.Wicjgswncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records raw and therefore may be disclosed to
6 ?, I t. -g! C) —c14
1 of2 3/13/2009 12:32 PM

� as �vf �` � �� • � �--'+..� - �. . d
a
,
P.' --i'`� '`• d ',+',�p�� • ' �. � �,:j ti '. .'*`, � ,� ..,,`''ram � ��� ��" � 0 /
gra
.t `•.. ' } " ' •* j7. ' �o'i"'
-:�"'��-''^^^^^x � _�, : � c �." � •;�.. �s :tom, . � . - � `
�`� er +�' ♦ �'',+ �'d: � 41 a'�y w, � .e� ++q�� <. r�� `�� r 4,'� ':��� „�. ,r3. . At
T $y
w "CL . 'y*a�;^ d.+ �u` r n" ~" °Sw t. i` ytt
•� '"A..r '"`_
�� qq
�7
r.YF' • � J` �` y "t r sS' �,r^.,- � ;� • �ti �,� r� � t �rt , fi� � ,v � y� t
y�1 'w .r"*a h! .• 'i ' y fL�", .•S 4 '.#q.` 4i�ai�, iA /K .Y�i �Q
A t%� � ,, ! �" � a E � ��c �'� ` l i . +�,,. "'��{ es• ���� yi'7 �.\....� • � ,J�, � t + re"��f �'^''��,�y '
Foo
Ng
1127
w 'i s. �P ' ..t+g�} .�� :� � :'� - gym'" t• - ,.�� ''+� .. � � .
ti " • 'f '�. x � a �" � r + k i*`�;� ,� t"�` d' '�'S Y *�' �7iK=�a�+ �;�.....^.x ',N^ *A"W" � °'� � �a ,v�' . _
• C°r 1 � �Y 1#' a. : � p. v+ �'�W � 's�_�:5. t ��� � '•+`�. �"� ♦ { ta.'' yF`2 .. j�.
x
� .. . �. '' , ,.i o is+� »x, � : n. r ♦ � � r' rim. ^9 a��.y�' x �{_ �•,,. v '"\.,r,� ..,,
0' c Y 3e"' ^4•^ X^�..
l
wxjr
A - .'� ra' r, as� '*°'" � ti" S � S; "„a„ ".. a � j �4}��e'a,'{ � �v*aw';. Mks.^ �" � �x , V, „ ,� •� �:at ^r .,.' �`'' �wQ3
Me!
I.• �aA
sr a
"y�q �§ 4 w w A
".7�� +
� � �- ..• 9 � a -.off, � �,`/ � ��

ll
� 3
rnR
13
C�
I —
I
CT

Michael F. Easley, Governor
W A�F�QG
Mr. and Mrs. Grant Goodman
1415 Azure Cove, Keowee
Seneca, South Carolina 29672
Dear Mr. and Mrs. Goodman:
� - ul CLI �/JWilliam G. Ross Jr., Secretary
1North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 1, 2007
Subject: 272 Unakite Lane Property
Yancey County, NC
Representatives of the Division of Water Quality visited property located at 272
Unakite Lane in Wolf Laurel on October 31, 2007. Observations revealed that storm water
discharging onto the property from a culvert was causing substantial erosion in an
unnamed tributary to Bald Mountain Creek.
Diminishing the volume of flow through the culvert would help protect the creek
(classified C-trout waters) from scouring erosion and downstream deposition of sediment.
Installation of two additional culverts (one on either side of the subject property) would
substantially reduce the volume and erosive force of discharge from the existing culvert.
Any additional culverts must be fitted with properly designed and installed
dissipation and dispersal features on the discharge sides of the culverts. You attention tc
this matter is appreciated. Please contact the writer if there are questions or matters with
which this agency could be of assistance.
Sincerely,
James R. Reid
Environmental Engineer
NorthCarolina
Natutally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

®UNTAIN
Environmental Group
August 4, 2008
Mr. Chuck Cranford
NC DENR
2090 US Highway 70
Swannanoa, NC 28778
Re: Diesel Fuel Spill 7-10-08
Highway 80
Yancey County, Burnsville, NC
Dear Mr. Cranford,
environmental consulting © assessment o remediation ® waste management
As you are aware, a diesel fuel release associated with an overturned service truck occurred
along Highway 80 in Yancey County on July 10, 2008. The spill location is just south of the
Yancey/Mitchell County line. The approximate location of the spill is shown on the attached
map. The service truck was owned by a paving company (Maymead, Inc.). Reportedly, a 400-
gallon diesel tank mounted on the service truck was the source of the release. Approximately
100 gallons of fuel was estimated to have been released at the edge of a small tributary to the
Toe River. The Yancey County Emergency Management Agency coordinated response to the
spill. Local fire department personnel were on site due to the auto accident and provided initial
abatement measures. Mountain Environmental Group (MEG) responded to provide additional
personnel and abatement supplies. The following is a summary of events related to the spill and
cleanup activities.
7/10/08 (-17:17 hours) - According to the report from the Yancey County 911 Operations
Center (attached), the auto accident was initially reported at 17:17 hours on July 10,
2008. As reported to MEG later in the evening, the spill occurred when the overturned
service truck was being loaded onto a wrecker truck. The actual release time was not
reported. Local fire department personnel constructed two underfloor dams to help
recover fuel from the surface of the tributary stream. The upper dam was constructed
with hay bales and wire fencing with oil absorbent pads and booms. The lower underflow
dam was constructed of fill dirt hauled in for the purpose and three sections of 4-inch
PVC pipe.
7/10/08 (21:30 hours) - MEG took over abatement activities from fire department
personnel. Oil saturated booms and pads were removed and replaced. Strings of booms
were maintained upstream of both underflow dams. Two additional strings of multiple
booms were constructed in areas between the underflow dams. One set was
constructed below the downstream dam. The total length of tributary stream utilized for
fuel recovery was approximately 150 yards.
7/18/08 - MEG mobilized to the site to conduct boom and underflow dam maintenance.
All strings of booms and all absorbent pads were removed and replaced. The lower
underflow dam had washed out on one side. A decision was made to add strings of
booms upstream of it rather than attempt to re -construct it. The upper (hay bale)
underflow dam was removed. The oil saturated hay bales were transported to the MEG
facility in Canton, NC for proper disposal.
1560 Pisgah Drive PHONE: [phone]
Canton, NC 28716 [phone]
www.mountainenvironmental.com FAX [phone]

A;�"
OUNTAIN
Environmental Group
7/25/08 - MEG mobilized to the site to conduct boom and underflow dam maintenance.
Minimal evidence of petroleum sheen was observed. All oil saturated absorbent
materials were removed.
7/28/08 - Excess fill dirt, staged along the roadway above the tributary stream, was
removed by Yancey County Emergency Management personnel (contact person - Bill
Davis, 828-678-9463).
If you have any questions or require assistance, please do not hesitate to contact me at 828-
648-5556.
Sincerely,
IAL-
Jus in 'Judd' Mahan, PG
Project Manager
Cc: Sean Mackey, Maymead, Inc.

burnsville, nc - Google Maps
yS� , Address Burnsville, N Carolina
.K i + • .
Get Google Maps on your phone
Text t w ward "GMAPS"to 466453
4
�� Diesel release "'r
X
- F3accFu :�.
a`f 7
. o
3 8a s.
9SE vu
r
q
r '
isE
Fes'. , ,• `�r;� �t'ti iatoCBvit[f .,. '
c� - - `• , Nuvaale � -
o' 18E
a
' Oluc Flock
a
'©2008 Google=Map data Op
08 NAVrEQTM
Page 1 of 1
http://maps.google. com/maps?i=q&hl=en&geocode=&q=+burnsville,+nc&ie=UTF 8&11=3 5.927564,-82.216... 8/4/2008

JUL-28-2ooe 07:26A FROM:
TO:18286481566 P:1i3
OPERATIONS CENTER
110 Town Square Teti l X
Burnsville, NC 28714
Phone 828-078�9463
Fax S28-682-2946
)FAX. -TRANSMITTAL SHF,FT
fax
Phone # ate.
()URGENT () FOR REVIEW () PLEASE, COMMENT ()PLEASE FtFpT,'y
**Cac�FidentYal fax transmission. This fax has private information. If this fax has been received in
IT, please shred thiti information rind call the telophone number at the top of the page to advice of
iternded fax reception, Law strictly prohibits and dissemination of of this ally portion of auY pPortionrmation to either parties**
NOTES/COMMENTS:

FIDE DEPARTMENT 1200
DATE LOC4TION
AGEA'CY
i-.-VIT
DISP
EjVR STAGI,1'G
ARR
COAfPLETED I1CIDENT#
07110108 2049 STATE HWY 80 N
1200 (NVFD)
1228
1717
17:17
23:02 10012237
1200 (NVFD)
1229
17:17
17:17
17:18
23.02
1200 (NVFD)
1227
17:17
17:17
23:03
1200 (NVFD)
1243
17:17
17:17
23:03
1200 (NVFD)
1245
17:17
17:18
23:03
LIFE FLIGHT
1200 (NVFD)
1201
1717
17.24
17:31
23:03
E,•VROL•'TE
1200 (NVFD)
1204
17:17
17:24
17:31
22:62
OA' GROTUAW
1100 {BVFD)
1124
18:62
18:53
23:03 10011143
I-VAIR
EOC
321
21:50
21:50
22:25
1100 (BVFD)
1127
18:52
18:63
23:05
MERGENCY MANAGEMEh
306
306
23:05
RETAILS
SERVICE TRUCK OVER TURNED. OIL SPILL, MACK TRUCK DESIEL OFF ROAD 400 GALLON, ON ROAD ITS 250 GALLONS,SMALL LEAKAGE
FROM THE 250 GALLON TANK! 306 REPORTED 100 GALLON SPILL MTN ENV. DAVID WLKER CREW WILL CONTINUE CLEAN UP FOR A
COUPLE DAYS
Pagr 3 of 4
Mondall, Ady 28. 208
C
r
fU
T;
ro
0
m
in
m
RI
0
0
N
allo
co
m
m
F-`
cn
Q�
Q�

DATE LOCATIO+V
FlPtE DEPARTMENT 1200
AGEj?%-CY EWIT DISP ENR STAGIAW
ARR C'O,WLETED &CIDE.-Y7W
C'
C
r-
m
ro
m
m
m
m
07110/00 2048 STATE HWY 80 N
1200 (NVFD)
1228
17:17
17:17
10012237
ru
D
1200 (NVFD)
1229
17:17
17:17
17:18
0
1200 (NVFD)
1227
17:17
11:17
3
1200 (NVFD)
1243
17:17
17:17
1200 (NVFD)
124S
17:17
17:18
LIFE FLIGHT
1200 (NVFD)
1201
17:17
17:24
17:31
EYROVTE
1200 (NVFD)
1204
17:17
17:24
17:31
O.r GROE D
INAIR
DET-I lLS
SERVICE TRUCK OVER TURNED. OIL SPILL, MACK TRUCK DESIEL OFF ROAD 400 GALLON, ON ROAD ITS 250 GALLONS,SMALL LEAKAGE
FROM THE 250 GALLON TANK o
Fi
00
ru
- m
.A
m
r
� W
Q1
Q�
T
W
W
:.
-11;; rlR.v, Jrrly 1$, 21108 Page 4 of 4

C31
CD

f ,fir . c . �/, r. •. ,�' #.
k y
i6�f`�'-y fir, ,. G`- 4 j ter•, -sr�,s �r r,..� �i.,
•:
t
�ylr Y; r,trt �rl� � •
f �♦."�' � � \fir 4 �, ',� '
'llAn
5� +
6
'�'`� .+;Y to + ��r xt '� 7 � ?�•� '�>
�� � 1 A'.s� rat ! #� ,�f i �r4+ � s '� ��r.h'� ✓ .�� \ _l. ` 'r.� ,:
si" /aavv ,s• � � t�
.LT �, 14t

k

•yid �* ���, =`.: � Y} •,�,• ,• � 1r ' ♦.� . -.' � � �.
•I `^l 3 �1h :(. a r��',�.' � .r. /"':ram. •r♦: �` � ♦ �.
`. K .�- . v�'1 � � tit J., r "� � . i'-_ � �, • ."It
� "�� • Mr' ' �. V . .` f.�[ q �' •r Sr�•a !•.i,..:i•T �♦` •,,.��,,ir '•��• J •r .7, �%�• .r�� � i,
16,
16,
Al
41
Ir
ip
�I ' • r •�•��'1r\•�•�•�, 1.1�- T .� _ r n ` �.' C n ,} .r � ����r+� .' 1. ;• t :� J � .
l'rraa r *` i _ • ll` C .►` �+ • r' ♦ • / ��� ' yt.i[ F''�� • , ` ! ' < ;� - :1 ri
•�! �' � �•Y� y,, Y. �' `�4 •: `, �- .I F•'�.{�,�y� . 4 �• �i =♦ . 'l r -'! L% /!.�!' ,� •Q Y � f '- ' 11!G�' �) .� j �'.1' ; 4�r,M� - . , •�
41
r a.:, w ,! .�' •,'�•" ;\-<<•I••;�.�'`'+'Q1 �•` �••G ,• ^�. :ray,; � J � � 1 'r'I',i
• n y`� - `" •i . "I _ / ' � I�s�d/'�.="� ^a .+.',',r 1 �j ' I ` ' S' +�` .r_ b,( , I � �' . . . ��. '7i''. i, �..

Y r
1
T
r}
y.*r`•i a'fv'�'+�°".w• � ��r�....r«r#!.y .�� i ' �w�' �� .. � � J; ` 8� � f .'" 1 ,
'IX " ww---
76
lo
,+a"�� .♦`.ill. ,-'4'',�'rfi'"I '� ,`� ) Lam. •.4'
+ .i •_ , JR- {�M
'4ry �IT�`a A'`jY4rs..,w-��^,_j�/''. 1 � �i" �,' fir, �',� r � 1� _��T' 9 �fi' l•~',y gyp. �W-•,
An
ep
pay'-���sy r•-.-�r/�, _' ��/• � ,yap � ��{•y�� '! •.F• * %" -
L./•�� La's � � . • �'': r "'• • �,, ,� .. 1 • � ,<, ; . ?Z < ,� ,.... • .. '^ -
_ • a r�: � � •1 r .I,/� � ± � . r . yam! v � r ♦'
tit '`.Ar T jam$/��� j.s•• .�� '�` eft.
•r, 1.�/"•�•'t �t-. X o •`Y i • •`,` ' : .H,a W �a. r a ...,r•yr �4►I /
a l,►Y"' � 14 w'"e• �.:1...1^•,r •, 1 r •rryC� .1P �1+�+
�
T,"�� _v}a!�
r r v '` � • •r `� �42' r'r la < y'., . � e—' •. 'r Rr1 , a ' rh ,
_ 4
�. � ' a q �r '�• • k'' 1'wV � �• � .'J V �� T 1 � LJ F� 1 +, �� �..,�. �'� . f 1�i �'C� 1y} I +,�� t _ .��'`.', � \ 14k..�' � ^'
r Q „r +'�►a�1�S %
�y� t '„aIIRS
S'+ 4 r }+.i%tY'/.}\r+/ , ►ti!

.� 'R� .r ''•,� f �lv' + �r�. �• .. .. �#v � roe.
,.-
��
.i:'pi • • • e •
do
if
R�., Rfr., M tlMs,
a, ' 1
""N �' - t • 6 . yr:
vp
b ♦„ - .,s: , , - ,fir- i TT�� • -.
ot
'�'F-`.�'"`- , .�,�':� �."Y`�y � ��� • ,1 ; �� Act f. - # �.
' 7p+r s.. _ �'' � � � y^ i� �:� �--•7i�1+� - ` lr"��.� / -. �i G t .may%':. ,� .:_ -
• �i: � ,� '+yam^ n � , � 1'\ 'f

Ad #J,�xEfi
any" J7�r
��" •��i'.� 7' f � 1 � � - � r li ;l _� ;-.e , f � � N'
ON
,wf Ar
Ah
,s''J , �tremytd�s ,'e � � , i 3 ,. < f � . ' `t ✓�.. f 3 : '� t � �. � r •-a
U, . ,f i f •i"'
Wfic
' •#+ r y ` { '= t '- . �V.
y� r s
ts.;t p` + * "ps'#' f E 'i 1• -ik
-:•f ` .+`x.
Jp, lk
kto
If
Oil
y
� ' ,4• � -, � ter.?'%; � ''�
I'w
�r
ti I
i
r
,i
ar
•o f+
r # law! r f
Ile Ill,
#.41
r
R f`
OTv
t ,
x J ir

K)
CD
C)
-
t
�r
i
i

Not,*
- e irm �

• r
, _ s
a
;•. :�,. 'V {"°�" • •vet �,.
" ^
r
4
X „•4. :� it ,X"f. r' 1' frl �� Cr� Y y r�� � ` `�+ ,� d
1�. e. � -•-Ffy�t� a{ � ��wY�,M"�4� �t^'Yr�y ;GKI ^ fl" .yYk ,� - � .
6 . "!i4 y,� ' � i..r:�. � J ' „f �• a .' ;t✓�,- f �" 'tit � .,r �� �.� � e y �.
' ! � is,�,4• �' ley,,' a �i � �, � � � � ,, I
1 � aye .qj;� Y{ • 6 '. � .� � At � � +
G � X� �. t • 1 tti * � tp f�.� � ��� � � a 1 �. i .»4 iCt.
, ♦,�'.y,a`

r
•t- .
�.,S-a�` `4a�{ ;',Ix„r _ � �.�.. �'r��i ' f � ' 4 ~ '11 t•t r - -
'AA
A At �, � • v�"� a \ r
/7/ �/u: -�' d. . � �r K /� w¢f �'k�,:P.�+1�b� _ ... ��L^' •'.K Y � Y ri. f' � _ aI � .. ^a.`
r ti • a.
�� - � �.. / ,,�t w 'iy,i� ij ,r^ ,./1�' .,an 's_ ,uJ,�.•�-, -N'. .. � }. i .� • -�+�' g ,,y� ; �'� .'�'
-` � t��' �^���M� ' �1T ` x,.P `-'cam �'"r, .. _' '�'• �.: ��'.� •J. a�y� •.�.' � � i" . l /!*i�f �'l�t � !� ri r�,r'. t r _ ,4 / 4 � 1.._s � • �.. , � � 'Si. a. .�,:. , � ; �
� ! AFL .�,;«s/ .. .: •1 7'� � _ w d�. i Wit:
�t
'tfr►'� rN :5v —s �:rg�I�� d r� 1f '.
/'Z�.t: � r" � `.r r 1�.:•' i � _ ,t y, ti � a ( � rye.
�r � ,� � rt r ;t` �g .3 J "4 t: ,�c„±� .t, 3•y�' ` .+vy„ �,. x � 1 �/��t .["� . '�
4 '°i 'r••~ 'Q: ➢f��'f w{,�r s-�t'R.��"�, =:Y�f �,.a � i��f �i '�1�. P'.. 3 _

.ti
tT ��; - gip• Z '�. i�ice' �+"ho. M 6, �' • � ^# t j5 .�11 sl.` '"
f 'k JI c 9r, �. max+ �1!-j�R!eF"� �� •
r f •s
v ,;�. r X � � �.� _�<�' �.� ar � � •i_ " -'-, "sir .r ���y.,*:. �.` p h ^..
+.� Y'^ � � �� �„ � ,F ���•• •* �'�•• � � .�ti �1 ? , � � . ` (�'" � � .�T,.i � � yam, .M�f ��•.,;w
^
+ / r, { w ., +;. ?�� ✓3'�` fr _ ..!` •✓ '+.. 'fit a _ ' -
i �,,., •-ram+ ayt $ �"�'.�. * � .}'+°�!"" y � �• Y. ' •`YD�'" Y�
' I ! fY.{�+� >' r � � �•'�,fr. li► � ...n /Lr�' � � 'ice *+1 - w* � "'A:n,r '
^
,! Y. eS s f "4�s''. �`."„"' /'r- � �'.-}r �i. ",� if,}�,"'-�•..� ;.i•-- r �, .•pj_�,.,- tRyr y,�.
s r! �7� '� .r � .1: t+` t .�,, ♦ 1E `7d'.o- �[K ~�ir-��;,rs� '� �iY-a .::_ �i . � ��-... -�.. '
'� ��s i ` '' y � f��.. , r# � � A `,k. .� r �, � S � `JN l:i • rI _ 4� 'i"� .. t'
,
� r � ^� t •✓� r jj

J
C7

Y HoRry �� 3
00
OF Tlt
fi _
§ '�ifi:F.
y
}
- � �. , F� m•. ':.r ��7 "1 �' "'�°": V' B-{� 4 ,r,; }� ,. t r � .3� 1�� =__;� �i. } - ,�i �'..�i' }t lr' . tl a ywi. i R M r
h ,
i
,
I
i
0310
n.
s

rw-L JWW-M �
r-;

Incident Report
Report Number: 200801561
Incident Type: Complaint
Category: Buffer
Incident Started: 05/29/2008
County: Yancey
City:
Farm #:
Responsible Party:
Owner:
Permit:
Facility:
First Name: Bobby
Middle Name:
Last Name: Hall
Address Deep Gap Rd
City/State/Zip: Burnsville NC. 28714
Phone: [phone]
Material Category: Estimated Qty:_ UOM
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident:
Address:
City/State/Zip
On -Site Contact:
First/Mid/Last Name:
Company Name:
Phone:
Pager/Mobile Phone: /
Reported By:
First/Mid/Last Name: Jerry Ray
Company Name:
Address: 57 Posse Creek Rd
City/State/Zip:
Phone: [phone]
Pager/Mobile Phone: /
Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
Position Method:
Position Accuracy:
Position Datum:
Pensacola
Deep Gap Rd
Burnsville NC 28714
Report Created 05/29/08 11:19 AM Page 1

Cause/Observation: Directions:
Clearing buffer 197 S out of Burnsville to Pensacola left on Cattail Creek road to gravel
turn right on Deep Gap. 1/4 to 1/2 mile up on right. red roof.
Action Taken: Comments:
Incident Questions:
Did the Material reach the Surface Water? Unknown
Surface Water Name?
Did the Spill result in a Fish Kill? Unknown
If the Spill was from a storage tank indicate type.
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown
Conveyance:
Estimated Number of fish?
(Above Ground or Under Ground)
Groundwater Impacted
Unknown
Event Type Event Date Due Date Comment
Incident closed
Requested Additional Information
Referred to Regional Office - Primary Contact
Report Entered 2008-05-29 10:56:46
Report Created 05/29/08 11:19 AM Page 2

Incident Start
Report Received
Standard Agencies Notified:
Agency Name
Other Agencies Notified:
Agency Name
DWQ Information:
2008-05-29 10:45:00
2008-05-29 10:45:00
Phone First Name M.I.
Phone First Name M.I.
Last Name Contact Date
Last Name Contact Date
Report Taken By: Report Entered By: Regional Contact:
Chuck Cranford Chuck Cranford
Phone:
Date/Time: 2008-05-29 10:45:00 AM 2008-05-29 10:56:46 AM
Referred Via: Phone
Did DWQ request an additional written report?
If yes, What additional information is needed?
Report Created 05/29/08 11:19 AM Page 3

.ell
5 Yc t
\ "� � ° �� ,� ,�' � `S orb � .'Si'�� `.t`..\ ,�S . 31� •a t �nA 1 � J4 F t .
• +a,.... ��_. . ^r.` ¢, � � � � * ni �' � ,1 i ��y'{� tc k. r 7 jµ°.� / ..
t Alfi P47 r t ti fie %y'+ ry .R ii'
40
g w 9
txa 1 '. - / r� �;• {�tv�,t,,+; �i ^q} .ya�'V.
e.
101-51
� •.. r�CS �;<,�+r .Era \ > � � 'f "�a t �f . ^, �. �'. c
(f
DNA

Incident Report
Report Number: 200800637
Incident Type: Complaint On -Site Contact:
Category: Surface Water First/Mid/Last Name: .
Incident Started: 03/03/2008 Company Name:
County: Unknown Phone:
City: Pager/Mobile Phone:
Farm
R s onsibie P rt
e p a y. Reported By:
Owner: First/Mid/Last Name: Jerry Griffith
Permit: Company Name:
Facility: Marty Dale McIntosh Property Address:
First Name: Marty
Middle Name: Dale City/State/Zip:
LastrName: McIntosh Phone: [phone]
Address: 210 Wild Horse Hideout Dr Pager/Mobile Phone: / [phone]
City/State/Zip: Burnsville NC 2871452
Phone:
Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable Qty. kgs.
DD:MM:SS Decimal
Latitude:
Longitude:
Location of Incident: Mosses Branch Rd
Address:
City/State/Zip
Position Method:
Position Accuracy:
Position Datum:
Report Created ` 04/16/08 08:17 AM Page t

Cause/Observation:
creek has been diverted
Action Taken:
Incident Questions:
I
I
I
Directions:
1
19-23 towards Burnsville, go Left onto Jacks Creek Rd, Travel —3mi to
Left on Mosses Branch Rd (Bible Baptist Ch) to Right near Church.
Fence and RR ties-200 ft up driveway
Comments:
Did the Material reach the Surface Water? Unknown Conveyance:
Surface Water Name?.
Did the Spill result in a Fish Kill? Unknown Estimated Number of fish?
If the Spill was -from a storage tank indicate type. (Above Ground or Under Ground)
Containment? Unknown
Cleanup Complete? Unknown
Water Supply Wells within 1500ft : Unknown Groundwater Impacted : Unknown
Event Type
Incident closed
Requested Additional Information
Report Received
Referred to Regional Office - Primary Contact
Event Date Due Date Comment
Report Created 04/16/08 08:17 AM Page 2

wReport Entered
pplr
Incident Start
Standard Agencies Notified:
Agency Name Phone
Other Agencies Notified:
Agency Name Phone
DWQ Information:
Report Taken By:
James R Reid
Phone:
2008-03-03 04:27:45
2008-03-03 11:15:00
First Name M.I. Last Name Contact Date
First Name
Report Entered By:
Linda S Wiggs
Date/Time: 2008-03-03 04:27:45 PM
Referred Via:
Did DWQ request an additional written report?
If yes, What additional information is needed?
M.I. Last Name Contact Date
Regional Contact:
Report Created 04/16/08 08:17 AM Page 3